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HomeMy WebLinkAboutMN-PEDC-2019-11-13 Approved at the January 22, 2020 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, November 13, 2019 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Cynthia Brock, Stephen Smith, Donna Fleming, and Laura Lewis Committee Members Absent: Alderpersons Nguyen and McGonigal Other Elected Officials Attending: None Staff Attending: JoAnn Cornish, Director, Planning and Development Department; Jennifer Kusznir, Senior Planner; Alex Phillips, Planner; Nels Bohn, Director, IURA; and Deborah Grunder, Executive Assistant Others Attending: None Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review Item #7b was moved up after Item #4a. 2) Public Comment Martha Frommelt, 308 Elmwood Avenue, spoke on infill guidelines. She encourages the City to include owner occupancy. She has seen the difference in which dwellings are owner occupied and those that are rental. Neighbors start to become enforcers. Code enforcement is very difficult in the City. Dan Hoffman, 415 Elm Street, spoke on infill. One size fits all is not the right approach. “As of right” won’t work here. The impact to allow “as of right” will be very unequal. Those with larger yards will benefit since they can have the additional dwelling. The neighbors feel the impact particularly if not owner occupied. Approved at the January 22, 2020 PEDC Meeting John Graves, 319 Pleasant Street, spoke on infill. The number of landlord owned parcels exceed the owner-occupied parcels. This is damaging to the area. Back yard parking lots were put in which affected storm water drainage. One size fits all will not work. Owner-occupied dwellings is a must. Howard Erlich, 105 Oxford Place since 1980. Owner occupancy is a necessity. Homeowners take pride in their neighborhoods far more than landlord-owned. A one size fits all will not work. This is too complicating. Sally Lockwood, 641 Hudson Street, spoke on infill. She would like to reiterate the need for owner occupancy. With South Hill elementary school within in the vicinity, it will bring more owner occupancy needs. Ashley Miller, 126 Sears Street, there is no mention of owner occupancy in the proposed plans. Ithaca shouldn’t be compared to Portland and Seattle. We are not the same. Many have said that banks will not fund an ADU. Local banks in Ithaca will fund them through home equity loans. Michael Rizweak, 306 Ithaca Road, also spoke on infill and the need for owner occupancy. Passing this as written will ruin the Bell Sherman neighborhood. Theresa Lyezko, 316 Ithaca Road, stated the owner occupancy requirement is crucial to remain in place. Theresa Alt, 206 Eddy Street, spoke on the CIITAP. Heather McDaniel, TCAD, will not provide the 20% incentive. Elizabeth Martyn, 306 Ithaca Road, spoke on ADUs. We’re seeing more people being crammed into homes that have zoning guidelines that are not being followed. We cannot be compared to Portland. We are not similar. Jeff Bushe, 205 Ithaca Road, spoke on ADU owner-occupancy requirement. She reiterated Rizweak’s comments. We shouldn’t be taken single family homes out of the market. Sheryl Swink, 321 N. Albany Street, spoke on infill housing. There should be a requirement of subdivision rather than the addition of an ADU. Deborah Justice, 106 2nd Street, spoke on owner-occupancy infill. I own a home and have a shed on my property which I would love to make it an ADU, but I can’t financially afford to do so. There are a number of people who do take good care of their homes regardless of renting or owning. It’s really hard for a middle income individual to afford owner-occupancy infill. Cynthia Brock responded to comments made. She doesn’t agree that you have to be rich to live in Ithaca. Approved at the January 22, 2020 PEDC Meeting Donna Fleming voted for owner-occupancy. We need to be very careful when making comments about those people who rent. Laura Lewis thanked all who came out on such a cold evening. She agrees with Donna Fleming’s comments regarding renters. Renters have a huge positive impact on the City. Chair Murtagh also thanked all who came to speak. He agrees that we do need to be careful with the comments made about rental units. What we are trying to do with the ADU legislation is to limit the large developers take over single family homes and creating rental units. We want to make it easier for those who may not be on the wealthy side. 3) Special Order of Business a) Public Hearing – Waterfront Plan Alderperson Lewis moved to open the public hearing; seconded by Alderperson Smith. Carried unanimously. Sheryl Swink, 321 N. Albany Street, served on the Waterfront Plan committee and thanks other committee members and City staff. John Graves, 319 Pleasant Street, stated that he would like to see the Green New Deal be incorporated in this plan. Alderperson moved Brock to close the public hearing Fleming; seconded by Alderperson. Carried unanimously. b) Public Hearing – Vecino Disposition and Development Agreement Alderperson Lewis moved to open the public hearing; seconded by Alderperson Smith. Carried unanimously. No one spoke on this project. Alderperson Brock moved to close the public hearing; seconded by Alderperson Lewis. Carried unanimously. Approved at the January 22, 2020 PEDC Meeting 4) Discussion a) CIITAP Affordable Housing Policy Heather McDaniel, Director, TCAD (Tompkins County Area Development), provided her background and stated she realizes the need and understands the affordable housing crisis here in Ithaca. 20% of affordable housing is a recommendation for 30 years. As a planner, she stated that planning takes a lot of time. Questions one should ask: • Is the subsidy amount correct? • Are we foregoing tax benefits for too long? • Is this the best use of tax dollars? McDaniel and TCAD expressed reservations with whether the 30% subsidy amount was appropriate. They also shared concerns of potential compliance issues the IDA might have with monitoring affordable housing. The IDA is currently working on its own version of the policy for review and comment in January. The IDA has requested me (TCAD) to develop a policy. We are looking to see what the compliance and monitoring would look like. There is also a second option, there could be a payment to be set aside into a fund that would be able to provide dedicated funding to support city-wide or county-wide affordable housing. The IDA will look at projects on a case-by-case basis. 5) Announcements, Updates, Reports There we no announcements to share. 6) Action Items (Voting to Send on to Council) a) Waterfront Plan November 7, 2019 Adoption of the Waterfront Area Plan as Part of Phase II of the City of Ithaca Comprehensive Plan – Declaration of Lead Agency for Environmental Review Moved by Alderperson Smith; seconded by Alderperson Fleming. Carried unanimously. WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and Approved at the January 22, 2020 PEDC Meeting WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed adoption of an amendment to the comprehensive plan is a “Type I” Action under the City of Ithaca Environmental Quality Review Ordinance, and the State Environmental Quality Review Act and is subject to environmental review; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of the Waterfront Area Plan as part of Phase II of the City of Ithaca Comprehensive Plan. Proposed Resolution Planning & Economic Development Committee November 7, 2019 Adoption of the Waterfront Area Plan as Part of Phase II of the City of Ithaca Comprehensive Plan – Determination of Environmental Significance Moved by Alderperson Brock; seconded by Alderperson Smith. Carried unanimously. WHEREAS, the City of Ithaca is considering the adoption of the Waterfront Area Plan as part of Phase II of the City’s Comprehensive Plan, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Full Environmental Assessment Form (FEAF), dated September 23, 2019, and WHEREAS, the proposed plan has been reviewed by the Tompkins County Department of Planning and Sustainability pursuant to §239-l-m of New York State General Municipal Law, which requires that all actions within 500 feet of a County or State facility, including County and State highways, be reviewed by the County Planning Department, and has also been distributed for review by City staff, the City Advisory Commissions, the City Board of Public Works, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is a “Type I” Action under the City Environmental Quality Review Ordinance and the State Environmental Quality Review Act, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth in the Full Environmental Assessment Form, dated September 23, 2019, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Proposed Resolution Planning & Economic Development Committee November 7, 2019 Adoption of the Waterfront Area Plan as Part of Phase II of the City of Ithaca Comprehensive Plan – Resolution Approved at the January 22, 2020 PEDC Meeting Moved by Alderperson Smith; seconded by Alderperson Brock. Carried unanimously. 1. WHEREAS, in September of 2015, the Common Council adopted Plan Ithaca as Phase I of the City Comprehensive Plan, and 2. WHEREAS, the Comprehensive Plan outlines a vision for the city’s future and serves as a guide for future decision-making, policies, and funding, and 3. WHEREAS, Plan Ithaca-Phase 1, sets forth broad goals and principles to guide future policies throughout the city while Phase II of the plan is intended to consist of a series of specific neighborhood and thematic plans, and 4. WHEREAS, in November of 2015 staff was directed to begin working on a waterfront development plan as a part of the next phase for the Comprehensive Plan, and 5. WHEREAS, a waterfront working group made up of 17 members of the public and City Planning Staff was established in the fall of 2016 to conduct public outreach and prepare the draft plan, and 6. WHEREAS, the group commenced meeting regularly in September of 2016 and began by drafting a land use chapter and developing a recommendation for new zoning for the area, which was adopted by the Common Council in August of 2017, and 7. WHEREAS, the Waterfront Working Group continued meeting regularly in order to draft the Plan Ithaca Phase II-Waterfront Area Plan, and 8. WHEREAS, the recommendations of the plan were introduced to the public at two open house sessions that were held at the Ithaca Farmer’s Market on July 11, 2019, and 9. WHEREAS, following these events, the Waterfront Working Group revised the draft plan to incorporate comments from the community, and 10. WHEREAS, the draft plan was presented to the Planning & Economic Development Committee on September 11, 2019, and following that meeting, was circulated for additional comments, and 11. WHEREAS, the adoption of the Waterfront Area Plan as part of Phase II of the Comprehensive Plan is a Type I action, and the Common Council, as lead agency, has completed environmental review and determined that the action will not have a significant impact on the environment, and 12. WHEREAS, a public hearing for the adoption of the plan was held on November 13, 2019, and 13. WHEREAS, the draft Waterfront Area Plan that was recommended by the Waterfront Working Group has been circulated, revised accordingly and considered by the Common Council, and 14. WHEREAS, the plan includes the goals that are were established in Plan Ithaca, to address the topics of land use, economic vitality, community livability, mobility and transportation, natural and cultural resources, and sustainability, energy and water resources, with more specific recommendations and action steps specifically for the waterfront area, therefore be it Approved at the January 22, 2020 PEDC Meeting 1. RESOLVED, that the Common Council hereby adopts the Waterfront Area Plan, dated November 1, 2019, as part of Phase II of the Comprehensive Plan, and be it further 2. RESOLVED, that this Comprehensive Plan shall serve as a guide for future decisions made by Common Council, City boards and commissions, and City staff, and be it further 3. RESOLVED, that Common Council shall establish regular reviews and updates of the Comprehensive Plan every five years. Alderperson McGonigal gave a huge thank you to Jennifer Kusznir as well as Sheryl Swink. Chair Murtagh commented that the flood study being done in this area will be included as an appendix. Alderperson McGonigal asked when the zoning concerns will be acted on. Director Cornish stated that will take roughly two months. b) Vecino Disposition and Development Agreement The project cannot get started without approval from Common Council. Proposed Resolution Planning & Economic Development Committee November 13, 2019 Nonbinding Determination of Intent to Approve the Disposition & Development Agreement - West & Center Sections of Green Street Garage Mixed-Use Urban Renewal Project Moved by Alderperson Lewis; seconded by Alderperson Brock. Carried unanimously. WHEREAS, on October 4, 2017, the City of Ithaca Common Council authorized transfer of the Green Street Parking Garage property located at 120 E. Green Street (Tax Parcel #70.-4-5.2) to the Ithaca Urban Renewal Agency (IURA), via an option agreement, for the purpose of structuring a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project subject to approval by the Common Council, and WHEREAS, on December 13, 2018, the Ithaca Urban Renewal Agency designated Vecino Group New York, LLC (Vecino) as the preferred developer, and qualified and eligible sponsor pursuant to Section 507 of General Municipal Law, to potentially acquire a portion of Tax Parcel #70.-4-5.2, located at 120 E. Green Street, Ithaca, NY, for the purpose of undertaking an urban renewal project, and Approved at the January 22, 2020 PEDC Meeting WHEREAS, implementation of the urban renewal project will be governed by a Disposition and Development Agreement (DDA) that defines the terms for conveyance of the project site to Vecino, required elements included in the redevelopment project and obligations of Vecino, the IURA and other stakeholders, and WHEREAS, on August 29, 2019, the IURA conditionally approved the 8/28/19 DDA for the West and Center Sections of the Green Street Garage Mixed-Use Urban Renewal Project subject to Environmental Review and Common Council approval, and WHEREAS, the DDA establishes binding terms for the development transaction and the final project including: 1. Seller: Ithaca Urban Renewal Agency 2. Purchaser: Vecino Group New York, LLC 3. Project Site: West and Center sections of Green Street Garage Site at 120 E. Green Street 4. Sales Price: $1.00 5. Major Project Elements: • 218 units of affordable housing • 49,000 sf conference center • 351 public parking spaces • Retention of existing 5-screen cinema • Conversion of City Hall surface parking to City Hall Park 6. Parking Lease: 30-year City lease of parking at approximately $2,000- $2,250/space/year, with City option to re-acquire parking at end of the lease term, and WHEREAS, if the conference center project is determined not to be financially feasible for inclusion in the project, it will be replaced with ground floor retail use and an additional 55 units of affordable housing, and WHEREAS, on September 6, 2019, Vecino executed the DDA, and WHEREAS, IURA execution of the DDA is subject to completion of environmental review of the project and Common Council; and WHEREAS, to induce Vecino to invest resources to complete environmental and site plan review of the project, the IURA requests the Common Council to make a preliminary, non-binding determination, subject to future completion of environmental review, whether it intends to approve, modify, or reject the DDA; now, therefore, be it Approved at the January 22, 2020 PEDC Meeting RESOLVED, that the Common Council for the City of Ithaca hereby makes a preliminary, non-binding determination that it intends to approve the 8/28/19 Disposition and Development Agreement between the IURA and Vecino governing the redevelopment transaction for the West and Center Sections of the Green Street Garage Mixed-Use Urban Renewal Project, and be it further RESOLVED, that the urban renewal project shall come back to Common Council for final decision making following completion of environmental and site plan review and an additional public hearing. 7) Action Items (Approval to Circulate) a) Accessory Dwelling Units PLANNING COMMITTEE: An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” In Order to Establish Regulations for the Development of Accessory Dwelling Units Moved to circulate by Alderperson Smith; seconded by Alderperson Lewis. Carried unanimously. 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, and 2. WHEREAS, the SHOD was intended to be a temporary measure to prevent further development until the City could establish regulations for this type of infill (ADU’s), and 3. WHEREAS, in the interim, similar concerns about development pressure were raised throughout the City, and 4. WHEREAS, City staff were directed to research how infill(ADU’S)development was regulated in other municipalities, and 5. WHEREAS, Planning Staff spent several months researching other communities and developing proposals to encourage the development of accessory dwelling units (ADU’S) that would protect neighborhoods while allowing for housing options that could provide property owners with additional income, and Approved at the January 22, 2020 PEDC Meeting 6. WHEREAS, on August 29, 2019, a community meeting was held, with approximately 70 people in attendance, who offered opinions on options to allow the development of appropriate ADU’s, and 7. WHEREAS, and staff has considered feedback from the public, the Common Council, and other communities and has developed a set of regulations allowing property owners to develop ADU’s, where appropriate, and the means to protect neighborhoods from the negative impacts of over development, now therefore be it ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows: Section 1. Chapter 325-3B of the Municipal Code of the City of Ithaca, entitled “Definitions and Word Usage”, is hereby amended to add the following new definitions: Accessory Dwelling Unit (ADU) — A second dwelling unit located in the rear or side yard on a lot with any one-family dwelling. The second unit is created secondary to, and is always smaller than the primary one-family dwelling. The unit includes its own independent habitable space including provision for sleeping, cooking, and sanitation, and is designed to be occupied by an individual or a family, plus not more than one unrelated occupant, independent of the primary dwelling units. 1. Attached Accessory Dwelling Unit (AADU) – A room or set of rooms, basement, or any other space that is located within a primary structure, but is established as a separate dwelling unit. AADU’s may be occupied by an individual or a family, plus not more than one unrelated occupant. 2. Detached Accessory Dwelling Unit (DADU) – A separate dwelling unit that is constructed on a single family lot that is not connected to the primary structure. DADU’s may be occupied by an individual or a family, plus not more than one unrelated occupant. 3. Out Building Conversion - A separate dwelling unit that is converted from an existing garage, carriage house, or other accessory structure. Contiguous Green Space - Green Space on a lot that is uninterrupted by structures or paved surfaces. Section 2. Chapter 325-8 of the Municipal Code of the City of Ithaca, entitled “District Regulations”, is hereby amended to add a new section F, Approved at the January 22, 2020 PEDC Meeting entitled “Additional Restrictions in the R-1, R-2, CR-1, and CR-2 Zoning Districts”, to read as follows: F. Additional Restrictions in the R-1, R-2, CR-1, and CR-2 Zoning Districts. (1) Intent. This section authorizes the installation of accessory dwelling units in the R-1, R-2, CR-1, and CR-2 districts. The purpose and intent of permitting accessory dwelling units is: (a) To provide homeowners, especially those of low and moderate income, with a means of obtaining through rental income, companionship, security and services and thereby to enable them to stay more comfortably in homes and neighborhoods they might be forced to leave. (b) To add inexpensive rental units to the housing stock to meet the needs of smaller households, both young and old. (c) To make housing units available to low- and moderate- income households who might otherwise have difficulty finding homes within the City. (d) To develop housing units in family neighborhoods that are appropriate for households at a variety of stages in the lifecycle, thereby lessening fluctuations in neighborhood demand for services. (e) To preserve and allow more efficient use of the City’s existing stock of dwelling while ensuring healthy and safe living environments. (2) General Restrictions. (a) In the R-1, R-2, CR-1, and CR-2 Zoning Districts, only one primary structure is permitted as of right. Multiple primary structures are only permissible by a special permit. See Section 325-10 (3) Additional Requirements for Accessory Dwelling Units (a) All Accessory Dwelling Units are subject to site plan review. (b) Number of Accessory Dwelling Units. Only one accessory dwelling unit, attached or detached, is permitted on a lot. (c) Parking. No additional parking is required for the accessory dwelling unit. Existing required parking for the primary structure must be maintained or replaced on site. (d) Location. Accessory Dwelling Units may be located on one- family dwelling properties in any R-1,R-2, CR-1, CR-2 zoning districts. ADUs are permitted in any side or rear yard but not in the required front yard. Corner Lots shall be considered to have two front yards. (e) Additional Requirements for Detached ADUs. [a] Notwithstanding any other requirements of this section, a minimum side and rear yard setback Approved at the January 22, 2020 PEDC Meeting of five feet shall be required, except that, where light, air, and open space requirements of the City Building and Housing Code can be met. [b] A DADU may not be placed less than 5 feet from the primary structure. [c] A requirement that a minimum of 35% of a lot be contiguous green space. (f) Number of Residents. Accessory Dwelling Units may be have an occupancy of an individual or a family, plus not more than one unrelated occupant. Maximum Number of occupants Zoning District Primary Structure Accessory Dwelling Unit Total Number of Occupants Single Family Dwelling Owner Occupied R-1(a,b) family+2 unrelated Family + 1 unrelated 5 R-2 (a,b,c) 5 Not Owner Occupied R-1(a,b) 2 Family + 1 unrelated 4 Approved at the January 22, 2020 PEDC Meeting (g) Appearance of Accessory Dwelling Units. Accessory Dwelling Units should not disrupt the overall architectural character of the neighborhood. A similar architectural style and roof pitch should connect the primary structure to the accessory dwelling unit. [1] Location of Entrances. New or additional front entrances are discouraged, but in any event must be compatible with the architectural style of the existing structure. Detached accessory dwelling units are exempt from this standard. (h) Size Allowances. [1] Detached Accessory Dwelling Units- The maximum size of a DADU may be no more than 75% of the habitable area of the primary structure or 800 square feet, whichever is less. [2] Attached Accessory Dwelling Units- The maximum size of an AADU may be no more than 33.3% of the habitable area of the primary structure. [3] Out Building Conversion- Outbuilding conversions are exempt from all area requirements, including maximum lot coverage requirements, minimum green space requirements, and any setback requirements. (i) Accessory dwelling units, with the exception of outbuilding conversion, shall meet all applicable codes, including the area requirements of the zone. Section 3. Chapter 325-9C of the Municipal Code of the City of Ithaca, entitled “Special Permits”, is hereby amended, to add a new section “s. Multiple Primary Structures in R-1, R-2, CR-1, and CR-2 Zoning Districts.” Section 4. Chapter 325-10 of the Municipal Code of the City of Ithaca, entitled “Accessory Apartments”, is hereby deleted in its entirety, and replaced with a new section 325-10 “Multiple Primary Structures”, to read as follows: 325-10 Multiple Primary Structures in R-1, R-2, CR-1, and CR-2 Zones A. Issuance of a special permit (1.) Application for a Multiple Primary Structure in R-1, R-2, CR- 1, and CR-2 zones shall be made to the Planning Board in accordance with the procedures of §325-40. Application shall also be made for a recommendation from the City of R-2 (a,b,c) family+2 unrelated 2 5 Approved at the January 22, 2020 PEDC Meeting Ithaca Planning & Development Board. Applications should include the following: (a.) A multiple primary structure application form, (b.) A site plan, (c.) Floor Plans, existing and proposed with dimensions specified, (d.) Façade (Elevation) drawings, (e.) Proof of notification of property owners within 200 feet, (f.) A building permit application (2.) Requirements. In order to be granted a special permit, the following criteria and requirements must be met: (a.) Location. Multiple primary structures may be located in R- 1, R-2, CR-1, and CR-2 Zoning Districts with a special permit. All primary structures must meet the requirements of the City of Ithaca Building Code. (b.) Size Requirements. Multiple primary structures are subject to all lot size, area, and building size requirements established within the zoning district that the structure is located. (c.) Exterior Appearance. Multiple Primary Structures on a lot should be architecturally compatible and should contain at least one structure that fronts on the street. (d.) Off-Street Parking. Off-street parking requirements shall be met, except that, in cases of practical difficulty, the Planning Board may waive the parking requirement if there is adequate parking in the neighborhood. (3.) Multiple primary structures must comply with New York State Uniform Fire Prevention & Building Code. B. Inspections. Multiple Primary Structures containing rental units are subject to § 210-42 Inspections. Section 5. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the district regulations chart in accordance with the amendments made herewith. Section 6. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 7. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Approved at the January 22, 2020 PEDC Meeting b) Carpenter Business Park PUD The Cayuga Medical Association Representative stated the different services that will be available in this project. All are needed in the down town. The number of jobs will vary from 90 to 160. This is a unique project. There are many technical issues. There are a lot of community benefits in this project. Affordable housing is an important collaborative effort between the developer and the community. We are ready to do whatever it takes for this project to move forward. We are prepared to ride this out and see it through. Chair Murtagh is very much in favor of this project with the affordable housing and the medical services available. Alderperson Brock asked about their plan if this isn’t funded. She also asked for clarification as to the term of the PUD. They do not have to complete the project within two years, but the project must be started within two years. Alderperson Fleming moved to circulate; seconded by Alderperson Smith. Carried unanimously. This will come back to this committee next month. Draft Resolution Planning & Economic Development Committee September 30November 12, 2019 An Ordinance to Establish the Carpenter Circle Planned Unit Development District ORDINANCE NO. ____ BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325-13 of the City Code be amended as follows: WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a Planned Unit Development Overlay District (PUDOD), and WHEREAS, on February 19, 2019, Whitham Planning and Design submitted an application on behalf of Park Grove Realty and Cayuga Medical Center for consideration to establish a Planned Unit Development district at Carpenter Circle, parcel numbers 36.-1-3.3 and 36-1-3.5,and Approved at the January 22, 2020 PEDC Meeting WHEREAS, the applicant is proposing the development of a new urban neighborhood, comprised of a medical facility, one 4- story residential building, and two 6-story buildings containing ground floor commercial space, parking, and 4 stories of apartments, and WHEREAS, the applicant will further develop neighborhood streets, pedestrian and transit connections, shared parking, and green space, and will work with Project Growing Hope, Inc. reconfigure and , improve the Ithaca Community Gardens, , and support its establishment as a permanent site for the Ithaca Community Gardens, and WHEREAS, the total proposed development contains approximately 64,000 SF of medical office space, 215 new housing units, 42 of which will be designated as affordable units, 349 surface parking spaces, and 183 garage spaces, and WHEREAS, the project is intended to provide the following benefits to the community 1. Providing Aa permanent and improved space for the Ccommunity Ggardens open to the public; 2. Generation of approximately 150 jobs; 3. Construction of approximately 40 units of housing that would be priced to be affordable to those earning 50-60% of AMI; 4. High-quality public amenities, including improved pedestrian, transit, and bicycle access throughout the site, and public spaces including open green space, plazas for events and/or outdoor dining, a playground, and storm water management gardens featuring native plantings; 5. An improved gateway into the City of Ithaca on Route 13; 6. Alignment with the City’s Comprehensive Plan and ongoing planning related to the Route 13 corridor and the Waterfront Zone; and WHEREAS, the applicant has stated that the project could not proceed under the existing zoning due to setback and height requirements, and WHEREAS, a public information session, hosted by the applicant, was held on April 8, 2019 and the meeting was advertised in the Ithaca Journal, the property was posted with signs and property owners within 500 feet of the property were notified by mail of the meeting, and now therefore Approved at the January 22, 2020 PEDC Meeting BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City of Ithaca Establish the Carpenter Circle Planned Unit Development District as follows: Section 1. Carpenter Circle Planned Unit Development District is hereby established as follows: Carpenter Circle District Table of Contents A. Legislative Intent B. Community Benefits B.C. Sub Areas C.D. Permitted Uses 1. Primary 2. Accessory D.E. Parking/Loading Requirements E.F. Area Requirements 1. Minimum Lot Size (SF) 2. Minimum Width in Feet at Street Line 3. Maximum Building Height 4. Maximum Percentage of Lot Coverage by Buildings 5. Yard Dimensions. a. Required Minimum Front Yard b. Required Minimum Side Yard c. Required Minimum Other Side Yard d. Required Minimum Rear Yard. 6. Minimum Building Height Approved at the January 22, 2020 PEDC Meeting ARTICLE IVB Carpenter Business Circle Planned Unit Development Part 1 Zoning Code A. Legislative Intent 1. On February 19, 2019, Whitham Planning and Design submitted a an application on behalf of Park Grove Realty and Cayuga Medical Center for consideration to establish a Planned Unit Development district at Carpenter Circle, parcel numbers 36.-1-3.3 and 36-1- 3.5. The applicant is proposing the development of a new urban neighborhood, comprised of a medical facility, one 4-story residential building, and two 6- story buildings containing ground floor commercial space, parking, and 4 stories of apartments. The completed project is intended to provide the following benefits to the community: a. Providing Aa permanent and improved space for the cCommunity Ggardens. b. Generation of approximately 150 jobs; c. Construction of approximately 40 units of housing that would be priced to be affordable to those earning 50-60% of AMI; d. High-quality public amenities, including improved pedestrian, transit, and bicycle access throughout the site, and public spaces including open green space, plazas for events and/or outdoor dining, a playground, and storm water management gardens featuring native plantings; e. An improved gateway into the City of Ithaca on Route 13;and f. Alignment with the City’s Comprehensive Plan and ongoing planning related to the Route 13 corridor and the Waterfront Zone. Approved at the January 22, 2020 PEDC Meeting B. Community Benefits 1. Benefits. The project is intended to provide the following benefits to the community: a. A permanent and improved space for community gardens open to the public b. Generation of approximately 150 jobs; c. Construction of approximately 40 units of housing that would be priced to be affordable to those earning 50-60% of AMI; d. High-quality public amenities, including improved pedestrian, transit, and bicycle access throughout the site, and public spaces including open green space, plazas for events and/or outdoor dining, a playground, and storm water management gardens featuring native plantings; e. An improved gateway into the City of Ithaca on Route 13;and f. Alignment with the City’s Comprehensive Plan and ongoing planning related to the Route 13 corridor and the Waterfront Zone. 2. In the event that the applicant is not able to provide all of the listed community benefits, the applicant will be required to return to the Common Council to renogiate the terms of the Planned Unit Development, which may include providing alternative benefits, or a direct payment in lieu of stated benefits. Failure to provide adequate community benefits may result in the City not issuing a certificate of occupancy, or issuing a Temporary Certificate of Occupancy subject to revocation if the required affordable housing has not been delivered within 24 months. B.C. Sub Areas. The Carpenter Circle Planned Unit Development District shall consist of 3 PUD-Sub Areas 1. CCPUD-A-This sub area is intended to be predominantly used for community gardens and may contain small structures and parking areas that support the gardens. 2. CCPUD-B-This is a residential sub area. Approved at the January 22, 2020 PEDC Meeting 3. CCPUD-C-This sub area is a mixed used district allowing for medical office, residential and small scale commercial uses. . D. Permitted Uses. 1. Primary Uses a. CCPUD-a 1) Community Gardens b. CCPUD-b 1) Multiple Family dwelling (See § 325-3). c. CCPUD-c 1) Multiple Family dwelling (See § 325-3). 2) Mixed-Use building. 3) Medical Facility. 4) Nursery school, child day care center, group Adult Day Care. Approved at the January 22, 2020 PEDC Meeting 5) Nursing, convalescent or rest home. 6) Public park or playground. 7) Library. 8) Business or professional Office. 9) Bank or Monetary Institution. 10) Office of Government. 11) Public, private or parochial school. 12) Neighborhood commercial facility. 13) Retail store or Service Commercial Facility. 14) Restaurants, Fast Food Establishment, Tavern, with the exception of establishments where food or drink is intended to be served to or consumed by persons in automobiles. 14)15) Club, Lodge or Private Social Center. 15)16) Theater, Bowling Alley, Auditorium or Other Similar Place of Public Assembly. 16)17) Hotel/Motel. 17)18) Recreational or Cultural Facilities such as a Park, Playground, Art Museum. 18)19) Community gardens. 2. Permitted Accessory Uses a. CCPUD-a 1) Shed or other structure Structure to support garden use b. CCPUD-b and CCPUD-c 1) A ny accessory use permitted in the ND Zone 2) D rive-Thru Banking Services 3) P arking Garages 4) Dock •E. Parking/Loading Requirements o1. Parking Requirement-None o2. Off Street Loading Requirement-None •F. Area Requirements o1. Minimum Lot Size (SF) o2. Minimum Width in Feet at Street Line o3. Maximum Building Height a. CCPUD-a •1) Maximum building height of 2 stories and 30’ Approved at the January 22, 2020 PEDC Meeting b. CCPUD-b •1) Maximum building height of 4 stories and 60’ c. CCPUD-c •1) Maximum building height of 6 stories and 80’ o4. Maximum Percentage of Lot Coverage by Buildings-100%, Except for Required Setbacks o5. Y ard Dimensions. CCPUD-a is exempt from all lot area requirements. a. R equired Minimum Front Yard for CCPUD-b and CCPUD-c- No front yard setback is required, except as necessary to provide a minimum 5' sidewalk and an 8' tree lawn b. Req uired Minimum Side Yard for CCPUD-b and CCPUD-c. If the side yard faces a street, no side yard setback is required, except as necessary to provide a sidewalk and tree lawn. No other setback required. c. Req uired Minimum Other Side Yard. for CCPUD-b and CCPUD-c. If the side yard faces a street, no side yard setback is required, except as necessary to provide a sidewalk and tree lawn. No other setback required. d. Req uired Minimum Rear Yard. for CCPUD-b and CCPUD-c. If the rear yard faces a street, no side yard setback is required, except as necessary to provide a sidewalk and tree lawn. No other setback required. o6. M inimum Building Height. There is no minimum building height in the CCPUD-a district. For CCPUD-b and CCPUD-c, New construction must be a minimum of 25’in height and 2 stories. Accessory structures of less than 250 SF may be 1 story. Approved at the January 22, 2020 PEDC Meeting 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 January 22, 2020 PEDC Meeting b) Waterfront Design Guidelines Move by Alderperson Smith; Alderperson Fleming seconded. Carried unanimously. Approved at the January 22, 2020 PEDC Meeting 8) Review and Approval of Minutes a) September 2019 Moved by Alderperson Smith; seconded by Alderperson Fleming. Carried unanimously. 9) Adjournment Moved by Alderperson Smith; seconded by Alderperson Fleming. Carried unanimously. The meeting was adjourned at 9:38 p.m.