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HomeMy WebLinkAboutMN-PEDC-2019-10-09 Approved at the December 11, 2019 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, October 9, 2019 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Cynthia Brock, Stephen Smith, Donna Fleming, and Laura Lewis Committee Members Absent: Alderperson McGonigal Other Elected Officials Attending: None Staff Attending: JoAnn Cornish, Director, Planning and Development Department; Jennifer Kusznir, Senior Planner; Alex Phillips, Planner; and Deborah Grunder, Executive Assistant Others Attending: None Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review There were no changes to the agenda. 2) Public Comment Fay Gougakis, 171 East State Street, thanked Alderperson Laura for her birthday wishes. Lime Bikes are still an issue. She doesn’t know much more she can do about the people who are just leaving the bikes wherever they want to. It already is loud on the Commons, dogs on the Commons will make the area extremely loud. The City always gives attention to the merchants but never the residents. Sheryl Swink, 321 N Albany Street, spoke on the Carpenter Circle PUD. She had a very productive meeting with JoAnn Cornish and Jennifer Kusznir to point out the recommended changes in the ordinance. Approved at the December 11, 2019 PEDC Meeting Anne Sullivan, 109 Irving Place, spoke on the proposed infill ordinance. The changes suggested do not solve the problem. There is no mention of landscaping, etc. People are taking structures down and others are built with no landscaping, etc. She would like to see an ordinance that helps more than just the developers. Alderperson Brock corrected her comment made at the last Common Council meeting regarding opportunity zoning. 3) Announcements, Updates, Reports a) Planning Board Report for the Carpenter Circle Planned Unit Development Please refer to the following letter for explanation. Approved at the December 11, 2019 PEDC Meeting Approved at the December 11, 2019 PEDC Meeting • Like the boldness of the design • There was concern & discussion about the proposed glass rain screen on the medical office building (MOB). Should avoid glare and reflection and should consider importance of view from Rte. 13. • Too stark Mixed Use Buildings • Need more information about screening for the parking decks. Can parking decks be converted in the future? (yes) Parking & Circulation • Parking in front of mixed use buildings seems suburban (Applicant responded that they are intend this area to feel more like a road than a parking lot. Road is needed for fire access and to buffer buildings from Rte. 13.) • Should be as inviting to pedestrians as possible • Break in Access is important because it will feed pedestrians into the ‘street’ in front of the buildings • Intersection design is key to how the overall site operates • Difficulty in leaving residential building parking lot during market times • Parking is still biggest concern but interaction with Rte. 13 is important • Site must be welcoming to people coming from the flats by foot or bike • Appreciate effort to reduce parking and improve pedestrian access • Need to make parking in front of mixed use buildings feel like a street Other Comments • Need details on site lighting • Have there been discussion about moving Mirabito? (Yes but would need a willing seller & buyer) The Planning Board also held a public hearing for the project at their regular September 24, 2019 meeting and received the following comments from the public: • S. Swink commented that the location of the residential building was most appropriate because it is quieter, has more outdoor space and therefore better and safer for families with children. It requires no street crossing to get to community gardens and playground. • M Hiller stated that Project Growing Hope is in favor of the project because it benefits the organization and gives them a permanent home. The Planning Board expects to continue reviewing the project at its next regular meeting on October 22nd, 2019 at 6pm. The planned topic is a review of a draft Full Environmental Assessment Form (FEAF) Part 3. The project will be scheduled for the beginning of the agenda to accommodate attendance by interested members of Council. Approved at the December 11, 2019 PEDC Meeting b) Green Building Policy Chair Murtagh stated that the Green Building Policy will come back to this committee next month. 4) Action Items (Voting to Send on to Council) a) INHS Planned Unit Development Alderperson Lewis voiced her appreciation of this project but did question part of the environmental review form. On the form, question # 18 regarding whether this project is consistent with community character, the form is checked ‘is not consistent’ and wondered why. Noah Demarest, Stream Collaborative, stated is responding more to the zoning. Even the school itself isn’t in character with the zone, but is consistent with the neighborhood. Alderperson Fleming asked about the proposed dwelling that is to be demolished in the project. Lynn Truame stated 309 Plain Street had to be demolished due to the layout of the project. 330 Plain Street on the corner will be kept. Alderperson Brock asked whether there has been any discussion about the use of the BJM School playground by the project’s residents. Truame stated that there have not been any discussions about allowing access of the BJM playground. They are certainly up for a discussion. Truame further stated that Buffalo Street is available to use to gain access to the playground. Chair Murtagh asked when the detachment of the gym will take place. Truame stated that the purchase and sale agreement is about to be signed. INHS will detach the two buildings. Apply for a subdivision, create that parcel. INHS will begin to sell the building to the City. There is a first payment after the two buildings are detached and the second when the subdivision is completed. Alderperson Brock asked about pile driving. Truame stated that will occur at the section closest to BJM. The same company and procedure will be used as the Hancock project. Chair Murtagh reiterated Alderperson Lewis’ comments as to the appreciation of the project. Approved at the December 11, 2019 PEDC Meeting An Ordinance to Establish the Ithaca Neighborhood Housing Services Former Immaculate Conception School Planned Unit Development District ORDINANCE NO. ____ Moved by Alderperson Lewis; seconded by Alderperson Smith. Carried unanimously. BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325-13 of the City Code be amended as follows: 1. WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a Planned Unit Development Overlay District (PUDOD), and 2. WHEREAS, on March 14, 2019, the City of Ithaca received the enclosed application from Ithaca Neighborhood Housing Services, for a Planned Unit Development (PUD) project to be located at 320-324 & 330 W. Buffalo St, and 309 N. Plain Street, and 3. WHEREAS, the applicant is proposing to redevelop the former Immaculate Conception School into a vibrant mixed- use community, specifically designed to address high- priority local needs. The over-arching goal of this project is to provide both rental and for-sale housing that is affordable at a range of household incomes (from less than 30% AMI up to 100% AMI for the rental units and 80% AMI or below for the for-sale units) and that is suitable for a range of household sizes (from single people to large families), and 4. WHEREAS, the project will also provide space for non- profit organizations and will transfer the existing gymnasium to GIAC, and 5. WHEREAS, the project includes the following elements: • Retention of the 1948 wing of the existing school building • Demolition and replacement of the c. 1920s wing of the school with a new four-story wing • connecting to the 1948 wing to form an “L” Approved at the December 11, 2019 PEDC Meeting • Construction of an as-yet undetermined number of rental row houses facing W. Buffalo Street between Catholic Charities and N. Plain Street • Demolition of the existing building at 309 N. Plain Street and construction in that location of a group of rental row houses • Construction of a group of four for-sale row houses facing N. Plain Street at W. Court Street • Retention and conversion of the two houses at 33o West Buffalo Street into one or more rental units, or demolition to allow the construction of an additional group of row houses facing W. Buffalo. 6. WHEREAS, the project is intended to provide the following benefits to the community: • Retention and rehabilitation of the Catholic Charities Building for their continued use • Detachment of the gymnasium wing and sale to the City for GIAC’s use • Adaptive re-use of a portion of the existing school building for non-profit service organizations. • Creating much needed rental and for sale affordable housing units. WHEREAS, a public information session, hosted by the applicant, was held on May 13, 2019 and the meeting was advertised in the Ithaca Journal, the property was posted with signs and property owners within 500 feet of the property were notified by mail of the meeting, and now therefore BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City of Ithaca Establish the Former Immaculate Conception School Planned Unit Development District as follows: Section 1. Ithaca Neighborhood Housing Services Former Immaculate Conception School Planned Unit Development District is hereby established as follows: Ithaca Neighborhood Housing Services Former Immaculate Conception School Planned Unit Development District (FICS-PUD) Table of Contents A. Legislative Intent Approved at the December 11, 2019 PEDC Meeting B. Sub Areas C. Permitted Uses 1. Primary 2. Accessory D. Parking/Loading Requirements E. Area Requirements 1. Minimum Lot Size (SF) 2. Minimum Width in Feet at Street Line 3. Maximum Building Height 4. Maximum Percentage of Lot Coverage by Buildings 5. Yard Dimensions. a. Required Minimum Front Yard b. Required Minimum Side Yard c. Required Minimum Other Side Yard d. Required Minimum Rear Yard. e. Minimum Building Height. Ithaca Neighborhood Housing Services Former Immaculate Conception Planned Unit Development District Part 1 Zoning Code A. Legislative Intent 1. On March 14, 2019, the City of Ithaca received the enclosed application from Ithaca Neighborhood Housing Services, for a Planned Unit Development (PUD) project to be located at 320-324 & 330 W. Buffalo St, and 309 N. Plain Street. The applicant is proposing to redevelop the former Immaculate Conception School into a vibrant mixed-use community, specifically designed to address high-priority local needs. The over-arching goal of this project is to provide both rental and for-sale housing that is affordable at a range of household incomes (from less than 30% AMI up to 100% AMI for the rental units and 80% AMI or below for the for-sale units) and that is suitable for a range of household sizes (from single people to large families). The completed project is intended to provide the following benefits to the community: a. Retention and rehabilitation of the Catholic Charities Building for their continued use. b. Detachment of the gymnasium wing and sale to the Approved at the December 11, 2019 PEDC Meeting City for GIAC’s use. c. Adaptive re-use of a portion of the existing school building for non-profit service organizations. d. Creating much needed rental and for sale affordable housing units. B. SUB Areas. The FICS-PUD shall consist of 3 PUD-Sub Areas 1. FICS-1- This sub area contains the community gymnasium. 2. FICS-2-This sub-area will allow for residential and some commercial uses and will contain buildings with a maximum height of 35’. 3. FICS-3-This sub area will contain the 4 story residential structure and the refurbished school building, which will contain space for non-profit offices. C. Permitted Uses. 1. Primary Uses Approved at the December 11, 2019 PEDC Meeting a. FICS-1 1) Public recreation. 2) Public and semi-public institution whose purpose is education except that, within 200 feet of a residential district, any use other than classrooms or living accommodations which conform to the regulations of the adjacent residential district is permitted only by special permit of the Board of Appeals (see § 325-9). 3) All municipal public buildings, facilities and functions. b. FICS-2 1) One-family detached dwelling occupied by: (a) An individual or family or functional family (see Ord. 97-1)(see definition, § 325-3) plus not more than one unrelated occupant. (see Gen. Note 6) (b) If dwelling is owner occupied, an individual or family plus not more than two unrelated occupants. (c) Two-family dwellings, each unit of which may be occupied by an individual or family plus not more than two unrelated occupants per unit 2) Two-family dwellings, each unit of which may be occupied by an individual or family plus not more than two unrelated occupants per unit 3) Church and related buildings 4) Public park or playground 5) Townhouse or garden apartment housing. 6) Row House (See § 325-45.2B13) 7) Business or Professional Office a. FICS-3 1) One-family detached dwelling occupied by: (a) An individual or family or functional family (see Ord. 97-1)(see definition, § 325-3) plus not more than one unrelated occupant. (see Gen. Note 6) (b) If dwelling is owner occupied, an individual or family plus not more than two unrelated occupants. 2) Two-family dwellings, each unit of which may be occupied by an individual or family plus not more than two unrelated occupants per unit 3) Church and related buildings 4) Public park or playground 5) Dwelling, Multiple or Multiple Residence(See §325-3) 6) Business or Professional Office Approved at the December 11, 2019 PEDC Meeting 2. Accessory Uses a. FICS-1 1) Accessory uses and service buildings for permitted uses, upon issuance of a special permit as set forth in §325-9 b. FICS-2 and FICS-3 1) Required off-street parking. 2) Private garage for not more than 3 cars. 3) Structures for const. purposes, not to remain over two years. 4) Sign in connection with permitted use (see Chapter 272-Sign Ordinance) By Special Permit: 5) Towers or structures for receipt or transmission of electronic signals for commercial purposes or for generation of electricity to be used on the premises where generated in any district (see § 325-9). Except for personal wireless services facilities. 6) An Accessory Apartment (see § 325-10) 7) Home Occupations: See §325-9C{i} B. Parking/Loading Requirements 1. Parking Requirement-None 2. Off Street Loading Requirement-None C. Area Requirements 1. Minimum Lot Size (SF) a. FICS-1: 3000SF b. FICS-2 and FICS-3: None 2. Minimum Width in Feet at Street Line a. FICS-1: 30’ b. FICS-2: 14’ c. FICS-3: 80’ 3. Maximum Building Height a. FICS-1: None b. FICS-2: 3 Stories or 35’ c. FICS-3: 4 Stories or 48’ 4. Maximum Percentage of Lot Coverage by Buildings a. FICS-1: 90% b. FICS-2: 50% c. FICS-3: 50% 5. Yard Dimensions. Required Minimum Front Yard a. FICS-1: 7’ Approved at the December 11, 2019 PEDC Meeting b. FICS-2 and FICS-3: 15', porches, stoops, canopies allowed up to 5' from property line, 6. Required Minimum Side Yard: a. FICS-1: 9’ b. FICS-2 and FICS-3: 0’ between units, 10' to public right of way or 20' to adjacent building. 7. Required Minimum Other Side Yard: a. FICS-1: 9’ b. FICS-2 and FICS-3: 0’ between units, 5' to public right of way or 15' to adjacent building. 8. Required Minimum Rear Yard: a. FICS-1: 5’ b. FICS-2 and FICS-3: 10’ 9. Minimum Building Height: None Section 2. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the district regulations chart in accordance with the amendments made herewith. Section 3. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. b) Intercity Bus Authorization, Field Trips 101 Proposed Resolution Planning and Economic Development Committee Permit Pursuant to Section 346-31 of the City Code Authorizing Field Trips 101, Inc. to Use East Green Street as an Intercity Bus Pickup and Dropoff Area. Moved by Alderperson Smith; seconded by Alderperson Brock. Carried 4-1 (Lewis) Approved at the December 11, 2019 PEDC Meeting Alderperson Lewis stated her concerns of adding another bus company to Green Street. It was stated that we are not adding another bus company. Field Trips 101 once worked under the name Our Bus. JoAnn Cornish stated that our legal office is negotiating with Our Bus on an alternative site. Field Trips 101 have a fixed schedule of two stops. The difference is Our Bus did not have a set schedule. Alderpersons Brock, Murtagh, Fleming, and Smith is still in favor of moving this forward. WHEREAS, Section 346-31 of the City Code provides that “Unless otherwise provided to the contrary, no bus or common carrier, whether for hire or not, shall be operated upon, stop on or stand on any City street in the corporate limits of the City of Ithaca, nor shall such bus or common carrier pick up or discharge passengers on any such City street or curb, or any other public property, or at or within 200 feet of any City bus stop in said corporate limits of the City of Ithaca, unless a permit is obtained therefor from the Common Council of the City of Ithaca, or its designee, the issuance of which permit shall be at the sole discretion of the Common Council of the City of Ithaca,” and WHEREAS, Mike Fitzgerald, on behalf of Field Trips 101, Inc., submitted an application seeking a permit to operate a daily charter bus providing transportation between Ithaca and New York City, and WHEREAS, City staff have reviewed the application and support granting the permit as it provides for a fixed schedule that does not require adjustments to other intercity bus schedules using the Green Street location, and WHEREAS, on September 4, 2019 Common Council set a fee of $15 per arrival or departure from East Green Street for occupancy of the right of way for the purposes of operating an intercity bus; now therefore be it RESOLVED, that the Common Council hereby authorizes issuance of a permit to Field Trips 101, Inc. with the following conditions: 1. Field Trips 101, Inc. must execute a bus permit agreement on the same permit terms and conditions as other permittees currently operating from East Green Street, and containing the City’s usual revocation and indemnification terms and conditions; 2. The exact route, locations where passengers may be dropped off and picked up, and times of operation shall be subject to approval by the Superintendent of Public Works or his designee; 3. Said charter bus shall be operated on a pre-arranged basis only, with tickets having been purchased in advance by passengers; Approved at the December 11, 2019 PEDC Meeting 4. The operator(s) of the bus shall at all times ensure that the bus is not parked in a manner that interferes with the ability of emergency vehicles to move or pass or sight distance for pedestrians or motorists; 5. Permittee shall at all times maintain valid liability insurance coverage, as well as present the City Attorney’s Office with proof of compliance with the New York Workers’ Compensation Law; and be it further RESOLVED, that the Superintendent of Public Works shall have the right to modify the conditions above upon reasonable notice to the Permittee, suspend or revoke this permit due to violation of the terms thereof, or due to any other action or failure to act, on the part of the permittee or his agents, which poses a danger to the health or safety of any members of the public, provided, however, that such suspension or revocation shall be subject to review by Common Council upon written appeal of the permittee, to the Mayor (which appeal, while pending, shall not stay said suspension or revocation). 5) Action Items (Approval to Circulate) a) Carpenter Business Park Planned Unit Development Alderperson Brock stated her understanding that the PUD needs to be completed within a two-year time period. What happens if it doesn’t happen within the two-year period? It would require a new application needed. She further asked if an easement is necessary for the use of the Community Gardens access to the road. Discussions are taken place now to determine all of these questions. She asked who owns or who will own Community Gardens. The City currently owns them, but are being negotiated at this time to determine that. Alderperson Brock stated her concern of changing the speed of Route 13. She is concerned how the traffic effects of the project. JoAnn Cornish stated that both projects cumulatively for this area will be teaming up with the City traffic engineers and will be part of both projects’ environmental review. Alderperson Fleming stated some have voiced concern of glare of the CMC building. The Planning Board is also very concerned about this. There are anti-glare glass that can be used. Alderperson Lewis also has some concern of the traffic in this area. The Comprehensive Plan does state that this area of the City is an area that the City wants to develop. We do want traffic to flow smoothly. Alderperson Murtagh stated his concern of the traffic. The developers stated they do not have any authority of Route 13 or Fifth Street. Approved at the December 11, 2019 PEDC Meeting He further commented that in the developing stages Medicaid accepted and dental office was suggested. CMC stated they are required to take Medicaid, and are working on the dental office. Alderperson Brock stated she would like to see the affordable housing requirement be clearly stated in the ordinance before the ordinance is circulated. Scott Whitham stated that he did not think the PUD is predicated on the affordable housing piece happening. He further stated that the financing of certain parts of the project is not a given. He further stated that the language could be rewritten. His concerns are the project timeline. JoAnn Cornish stated her understanding of the project affordable housing is part of the project but is on a different timeline. She further stated that Council is asking for some assurance of the affordable housing piece remains. It was discussed that changes be made in the current proposed ordinance before being circulated. Senior Planner Kusznir stated this can be brought back next month without impacting the project timeline. It was decided that this will come back next month. An Ordinance to Establish the Carpenter Circle Planned Unit Development District ORDINANCE NO. ____ BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325-13 of the City Code be amended as follows: WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a Planned Unit Development Overlay District (PUDOD), and WHEREAS, on February 19, 2019, Whitham Planning and Design submitted an application on behalf of Park Grove Realty and Cayuga Medical Center for consideration to establish a Planned Unit Development district at Carpenter Circle, parcel numbers 36.-1-3.3 and 36-1-3.5,and WHEREAS, the applicant is proposing the development of a new urban neighborhood, comprised of a medical facility, one 4-story residential building, and two 6-story buildings containing ground floor commercial space, parking, and 4 stories of apartments, and Approved at the December 11, 2019 PEDC Meeting WHEREAS, the applicant will further develop neighborhood streets, pedestrian and transit connections, shared parking, and green space, and will reconfigure, improve, and establish a permanent site for the Ithaca Community Gardens, and WHEREAS, the total proposed development contains approximately 64,000 SF of medical office space, 215 new housing units, 42 of which will be designated as affordable units, 349 surface parking spaces, and 183 garage spaces, and WHEREAS, the project is intended to provide the following benefits to the community 1. Providing a permanent and improved space for the Community Gardens 2. Generation of approximately 150 jobs 3. Construction of approximately 40 units of housing that would be priced to be affordable to those earning 50-60% of AMI. 4. High-quality public amenities, including improved pedestrian, transit, and bicycle access throughout the site, and public spaces including open green space, plazas for events and/or outdoor dining, a playground, and storm water management gardens featuring native plantings; 5. An improved gateway into the City of Ithaca on Route 13; 6. Alignment with the City’s Comprehensive Plan and ongoing planning related to the Route 13 corridor and the Waterfront Zone; and WHEREAS, the applicant has stated that the project could not proceed under the existing zoning due to setback and height requirements, and WHEREAS, a public information session, hosted by the applicant, was held on April 8, 2019 and the meeting was advertised in the Ithaca Journal, the property was posted with signs and property owners within 500 feet of the property were notified by mail of the meeting, and now therefor BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City of Ithaca Establish the Carpenter Circle Planned Unit Development District as follows: Section 1. Carpenter Circle Planned Unit Development District is hereby established as follows: Carpenter Circle District Table of Contents F. Legislative Intent G. Sub Areas H. Permitted Uses 1. Primary 2. Accessory I. Parking/Loading Requirements Approved at the December 11, 2019 PEDC Meeting J. Area Requirements 1. Minimum Lot Size (SF) 2. Minimum Width in Feet at Street Line 3. Maximum Building Height 4. Maximum Percentage of Lot Coverage by Buildings 5. Yard Dimensions. a. Required Minimum Front Yard b. Required Minimum Side Yard c. Required Minimum Other Side Yard d. Required Minimum Rear Yard. e. Minimum Building Height. Approved at the December 11, 2019 PEDC Meeting ARTICLE IVB Carpenter Business Circle Planned Unit Development Part 1 Zoning Code D. Legislative Intent 1. On February 19, 2019, Whitham Planning and Design submitted a an application on behalf of Park Grove Realty and Cayuga Medical Center for consideration to establish a Planned Unit Development district at Carpenter Circle, parcel numbers 36.-1-3.3 and 36-1-3.5. The applicant is proposing the development of a new urban neighborhood, comprised of a medical facility, one 4-story residential building, and two 6-story buildings containing ground floor commercial space, parking, and 4 stories of apartments. The completed project is intended to provide the following benefits to the community: a. Providing a permanent and improved space for the Community Gardens. b. Generation of approximately 150 jobs c. Construction of approximately 40 units of housing that would be priced to be affordable to those earning 50-60% of AMI. d. High-quality public amenities, including improved pedestrian, transit, and bicycle access throughout the site, and public spaces including open green space, plazas for events and/or outdoor dining, a playground, and storm water management gardens featuring native plantings; e. An improved gateway into the City of Ithaca on Route 13; f. Alignment with the City’s Comprehensive Plan and ongoing planning related to the Route 13 corridor and the Waterfront Zone. E. SUB Areas. The Carpenter Circle Planned Unit Development District shall consist of 3 PUD-Sub Areas Approved at the December 11, 2019 PEDC Meeting 1. CCPUD-A-This sub area is intended to be predominantly used for community gardens and may contain small structures and parking areas that support the gardens. 2. CCPUD-B-This is a residential sub area. 3. CCPUD-C-This sub area is a mixed used district allowing for medical office, residential and small scale commercial uses. . Permitted Uses. 2. Primary Uses a. CCPUD-a 1) Community Gardens b. CCPUD-b 1) Multiple Family dwelling (See § 325-3). c. CCPUD-c 1) Multiple Family dwelling (See § 325-3). 2) Mixed-Use building. 3) Medical Facility. 4) Nursery school, child day care center, group Adult Day Care. 5) Nursing, convalescent or rest home. 6) Public park or playground. 7) Library. Approved at the December 11, 2019 PEDC Meeting 8) Business or professional Office. 9) Bank or Monetary Institution. 10) Office of Government. 11) Public, private or parochial school. 12) Neighborhood commercial facility. 13) Retail store or Service Commercial Facility. 14) Restaurants, Fast Food Establishment, Tavern, with the exception of establishments where food or drink is intended to be served to or consumed by persons in automobiles. Club, Lodge or Private Social Center. 15) Theater, Bowling Alley, Auditorium or Other Similar Place of Public Assembly. 16) Hotel/Motel. 17) Recreational or Cultural Facilities such as a Park, Playground, Art Museum. 18) Community gardens. 3. Permitted Accessory Uses a. CCPUD-a 1) Shed or other structure to support garden use b. CCPUD-b and CCPUD-c 1) A ny accessory use permitted in the ND Zone 2) D rive-Thru Banking Services 3) P arking Garages 4) Dock B. Parking/Loading Requirements 1. Parking Requirement-None 2. Off Street Loading Requirement-None C. Area Requirements 1. Minimum Lot Size (SF) 2. Minimum Width in Feet at Street Line 3. Maximum Building Height a. CCPUD-a 1) Maximum building height of 2 stories and 30’ b. CCPUD-b 1) Maximum building height of 4 stories and 60’ c. CCPUD-c 1) Maximum building height of 6 stories and 80’ Approved at the December 11, 2019 PEDC Meeting 4. Maximum Percentage of Lot Coverage by Buildings-100%, Except for Required Setbacks 5. Yard Dimensions. Required Minimum Front Yard- No front yard setback is required, except as necessary to provide a minimum 5' sidewalk and an 8' tree lawn 6. Required Minimum Side Yard. If the side yard faces a street, no side yard setback is required, except as necessary to provide a sidewalk and tree lawn. No other setback required. 7. Required Minimum Other Side Yard. If the side yard faces a street, no side yard setback is required, except as necessary to provide a sidewalk and tree lawn. No other setback required. 8. Required Minimum Rear Yard. If the rear yard faces a street, no side yard setback is required, except as necessary to provide a sidewalk and tree lawn. No other setback required. 9. Minimum Building Height. New construction must be a minimum of 25’in height and 2 stories. Accessory structures of less than 250 SF may be 1 story. Section 2. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the district regulations chart in accordance with the amendments made herewith. Section 3. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Approved at the December 11, 2019 PEDC Meeting Alderperson McGonigal joined the meeting at 7:30 p.m. c) Accessory Dwelling Units Senior Planner Kusznir went through the changes made after the ordinance was sent in the packet. Alderperson Murtagh suggested the change in the use of garage. Use out building, shed, etc. Alderperson McGonigal asked how the 1,000 square foot was calculated. JoAnn Cornish asked for clarification that the Committee is agreeable that special permits are as of right for a homeowner. Alderperson Fleming stated that is not what she agreed to. She would agree to two primary structures on a lot if it has a community benefit, etc. JoAnn Cornish stated she’s staffed the Planning Board for several years. The Board can only do so much. She has concerns because homeowners are as of right. Chair Murtagh stated the overlay zone issued for South Hill was done to stop things for getting out of control. Chair Murtagh stated he was comfortable with the changes of this ordinance given that homeowners need to go through a special permit process. Alderperson Brock stated that there should be one ADU per parcel. Alderperson Murtagh stated the larger square footage allowed the larger the second accessory dwelling will be. Alderperson Fleming stated there should be a use restriction on accessory dwelling units. If we are not careful, we will see more Air B&Bs popping up in the City. Alderperson Lewis state she agreed with restricting the use of an accessory dwelling unit. Chair Murtagh stated that some of this legislation may belong in the short-term rental ordinance. Alderperson Smith stated he would like to see CR-2 zoning district removed from this ordinance. Most of this zone is rental properties. He doesn’t feel it’s realistic to have such restrictions in this zone because it’s already very dense now. Approved at the December 11, 2019 PEDC Meeting Chair Murtagh agreed with the contiguous green space, but his property for example doesn’t have a huge back yard, but he can walk to four different parks in five minutes. He doesn’t feel we should add too many restrictions. Alderperson McGonigal stated there is a very good reason to have a requirement of contiguous green space for storm water management, an actual yard, etc. Alderperson Smith stated that in the Collegetown area (CR-2) he doesn’t see a need for a large backyard. Most of the housing in this area is student housing and might not see contiguous green space as essential. Alderperson Brock stated that if we did require a green space requirement it would be beneficial for all. A space for a student to go to get a break from a roommate or sit outside for stress relief, etc. Alderperson Smith stated that the reality of the situation is that many students have large areas of green space on campus and many quiet places to go. There really isn’t much of an opportunity to enjoy a large back yard due to the lack of time and the fact that night fall sets in early when classes are in session. Alderperson Brock stated we need to be very specific as to the requirements we enforce. She likes maintaining the contiguous green space requirement. Maybe we should be looking at each area and its character to determine how much. Make it a number and determine which area should follow it. Alderperson Fleming stated we haven’t even talked about owner-occupied dwellings. It was decided that will be discussed at a later meeting. 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. ____ORDINANCE NO. ____ORDINANCE NO. ____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 (ADU’s) of development in the neighborhood and the impacts on both the aesthetic qualities and the character of the neighborhood Approved at the December 11, 2019 PEDC Meeting 2. WHEREAS, the SHOD was intended to be a temporary measure to prevent further development until the City could establish regulations for this type of infill (ADU’s), and 3. WHEREAS, in the interim, similar concerns about development pressure were raised throughout the City, and 4. WHEREAS, City staff were directed to research how infill(ADU’S)development was regulated in other municipalities, and 5. WHEREAS, Planning Staff spent several months researching other communities and developing proposals to encourage the development of accessory dwelling units (ADU’S) that would protect neighborhoods while allowing for housing options that could provide property owners with additional income, and 6. WHEREAS, on August 29, 2019, a community meeting was held, with approximately 70 people in attendance, who offered opinions on options to allow the development of appropriate ADU’s, and 7. WHEREAS, and staff has considered feedback from the public, the Common Council, and other communities and has developed a set of regulations allowing property owners to develop ADU’s, where appropriate, and the means to protect neighborhoods from the negative impacts of over development, now therefore be it ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows: Section 1. Chapter 325-3B of the Municipal Code of the City of Ithaca, entitled “Definitions and Word Usage”, is hereby amended to add the following new definitions: Attached Accessory Dwelling Unit (AADU) – A room or set of rooms, basement, or any other space that is located within a primary structure, but is established as a separate dwelling unit. AADU’s may be occupied by an individual or a family, plus not more than one unrelated occupant. AADU’s should be designed so as not to create the appearance of multiple dwelling units from the outside. New or additional front entrances are discouraged, but in any event must be compatible with the architectural style of the existing structure. Detached Accessory Dwelling Unit (DADU) – A separate dwelling unit that is constructed on a single family lot that is not connected to the primary structure. DADU’s may be occupied by an individual or a family, plus not more than one unrelated occupant. New construction of a DADU may not exceed 1000 SF or exceeds . New construction should be of a similar architectural style than that of the primary structure, including a similar roof pitch. New construction is limited to two stories, but may be no taller than the primary structure. 1. Front Yard DADU - A separate dwelling unit that is constructed on a single family lot that is not Approved at the December 11, 2019 PEDC Meeting connected to the primary structure, but is located in an area of the lot that fronts on the street. 2. Rear Yard DADU - A separate dwelling unit that is constructed on a single family lot that is not connected to the primary structure, but is located behind the primary structure, and does not front on the street. 3. Garage Conversion - A separate dwelling unit that is converted from an existing garage, carriage house, or other accessory structure. Contiguous Green Space - Green Space on a lot that is uninterrupted by structures or paved surfaces. Section 2. Chapter 325-8 of the Municipal Code of the City of Ithaca, entitled “District Regulations”, is hereby amended to add a new section F, entitled “Additional Restrictions in the R-1, R-2, CR-1, and CR-2 Zoning Districts”:In the R-1, R-2, CR-1, and CR-2 Zoning Districts, only one primary structure is permitted as of right. Multiple primary structures are only permissible by a special permit. See Section 325-10 In R-1, R-2, CR-1, and CR-2 Zoning Districts, property owners are permitted to construct accessory dwelling units (DADU’s, and AADU’s). New construction of DADUs are subject to all established zoning area requirements, however, conversions and AADUs are exempt from area requirements. All ADUs are exempt from any parking requirements. (c.)For any new construction of ADUs in the R-1, R-2, CR-1, and CR-2 Zoning Districts, there is a requirement that a minimum of 35% of a lot be contiguous green space. Approved at the December 11, 2019 PEDC Meeting Section 3. Chapter 325-9C of the Municipal Code of the City of Ithaca, entitled “Special Permits”, is hereby amended, to add a new section “s. Multiple Primary Structures in R-1, R-2, CR-1, and CR-2 Zoning Districts.” Section 4. Chapter 325-10 of the Municipal Code of the City of Ithaca, entitled “Accessory Apartments”, is hereby deleted in its entirety, and replaced with a new section 325-10 “Multiple Primary Structures”, to read as follows: 325-10 Multiple Primary Structures in R-1, R-2, CR-1, and CR-2 Zones A. Issuance of a special permit (1.) Application for a Multiple Primary Structure in R-1, R-2, CR-1, and CR-2 zones shall be made to the Board of Zoning Appeals in accordance with the procedures of §325- 40. Application shall also be made for a recommendation from the City of Ithaca Planning & Development Board. Applications should include the following: (a.) A multiple primary structure application form, (b.) A site plan, (c.) Floor Plans, existing and proposed with dimensions specified, (d.) Façade (Elevation) drawings, (e.) Proof of notification of property owners within 200 feet, (f.) A building permit application (2.) Requirements. In order to be granted a special permit, the following criteria and requirements must be met: (a.) Location. Multiple primary structures may be located in R- 1, R-2, CR-1, and CR-2 Zoning Districts with a special permit. All primary structures must meet the requirements of the City of Ithaca Building Code. (b.) Size Requirements. Multiple primary structures are subject to all lot size, area, and building size requirements established within the zoning district that the structure is located. (c.) Exterior Appearance. Multiple Primary Structures on a lot should be architecturally compatible and should contain at least one structure that fronts on the street. (d.) Off-Street Parking. Off-street parking requirements shall be met, except that, in cases of practical difficulty, the Board of Zoning Appeals may waive the parking requirement if there is adequate parking in the neighborhood. (3.) Multiple primary structures must comply with New York State Uniform Fire Prevention & Building Code. B. Inspections. Multiple Primary Structures containing rental units are subject to § 210-42 Inspections. Approved at the December 11, 2019 PEDC Meeting Section 5. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the district regulations chart in accordance with the amendments made herewith. Section 6. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 7. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 6) Review and Approval of Minutes a) August 2019 Moved by Alderperson Fleming; seconded by Alderperson Smith. Carried unanimously. 7) Adjournment Moved by Alderperson Smith; seconded by Alderperson Fleming. Carried unanimously. The meeting was adjourned at 8:50 p.m.