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.