HomeMy WebLinkAbout04-10-13 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: April 10, 2013
TIME: 6pm
LOCATION: 3rd floor
City Hall Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Start
1. Call to Order/Agenda Review
2. Special Order of Business
a. Public Hearing – Downtown Zoning
3. Public Comment and Response from Committee
Members
4. Announcements, Updates, and Reports
a. Commons
b. Comprehensive Plan
c. Dredging
d. Noise Ordinance Development
e. 2013 Project Overview
5. Action Items – Voting – Send on to Council
a. Resolution for Cascadilla Boathouse Grant
b. Downtown Zoning Changes
c. Repeal of R‐1 and R‐2 Zoning Changes
(Sent Under Separate Cover)
6. Action items – Approval to Circulate
a. Collegetown Area Form Districts
b. Addition of Green Space Definition in City
Code
c. Revision of Building Height in City Code
d. Changes to Rental Housing Chapter of City
Code
7. Discussion
a. Elimination of Minimum Parking
Requirements: Next Steps
(Memo included)
8. Review and Approval of Minutes
a. March, April, and October 2012
9. Adjournment
No
Yes
No
No
No
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Seph Murtagh, Chair
*Note on public comment: We will review
the number of cards received at the
beginning of each meeting and adjust time
if needed.
JoAnn Cornish, Planning Director
Lynn Truame, Planning Staff
Jennifer Kusznir, Planning Staff
Jennifer Kusznir, Planning Staff
Megan Wilson, Planning Staff
Megan Wilson, Planning Staff
Megan Wilson, Planning Staff
Graham Kerslick, Common Council
Committee Members
6:00
6:05
6:30
6:50
7:00
7:10
7:35
7:50
8:15
8:30
8:45
9:00
9:15
9:20
Committee Charge: Review issues pertaining to planning, housing, land use, zoning, historic preservation, neighborhood
initiatives, building codes and processes, and economic development.
*If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274‐6570 by
12:00 noon on Tuesday, April 9th, 2013.
Item # 2 a
LEGAL NOTICE
PLEASE TAKE NOTICE that the Common Council of the City of Ithaca, New York, will
hold a public hearing to consider the adoption of a proposal to establish a CBD-50 zoning
district, and the proposal to amend the CBD Zoning Districts as follows:
Map change from B-2c to CBD-60 for the following parcels or portions of them as shown on
the enclosed map: 71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16, 71.-1-17, 71.-1-
18, 71.-1-19.1, 71.-1-19.2, 71.-1-19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.-
1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-2.1, 71.-2-20, 71.-2-3, 71.-2-4, 71.-
2-5, 71.-3-3, 71.-3-4, 71.-3-5, 71.-3-6, 71.-3-7, 71.-4-1.1, 71.-4-1.2, 71.-4-10, 71.-4-11, 71.-4-6,
71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-19, 71.-5-2, 71.-5-20,
71.-5-23, 71.-5-24, 71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-
12, 71.-6-13, 71.-6-14, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-
6-24, 71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14,
72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3-23.2, 72.-
3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-4-10, 72.-4-13, 72.-4-14, 72.-4-3, 72.-4-4,
72.-4-5, and 72.-4-9;
• Map changes from CBD-60 to CBD -85 for the following parcels or portions of them as
shown on the enclosed map: 70.-6-1.1, 70.-6-14, 70.-6-15, 70.-6-17, 70.-6-18, 70.-6-19,
and 70.-6-20, 70.-6-21;
• Map changes from CBD-60 to CBD -140 for the following parcels or portions of them as
shown on the enclosed map: 69.-4-1, 70.-5-3, 70.-5-4, 70.-5-5, 70.-5-7, 70.-5-8, 70.-5-9,
70.-4-4.1, 70.-4-4.2, 70.-4-4.3, 70.-4-4.4, 70.-4-5.1, 70.-4-5.2, and 70.-5-10;
• Map changes from CBD-60 to CBD -100 for the following parcels or portions of them as
shown on the enclosed map: 69.-1-1, 69.-1-11, 69.-1-14, 69.-1-3, 69.-1-4, 69.-1-6.2, 69.-1-
7, and 69.-1-8;
• Map changes from CBD-85 to CBD -60 for the following parcels or portions of them as
shown on the enclosed map: 70.-3-15;
• Map changes from B-1b, B-1a, and P-1 to CBD-50 for the following parcels or portions
of them as shown on the enclosed map: 61.-2-10.2, 61.-2-6, 61.-2-8, 61.-1-16, 61.-1-3, and
61.-1-4;
The hearing will be held in the Common Council Chambers, City Hall, 108 East Green Street, in
the City of Ithaca, New York, on Wednesday, April 10, 2013 at 6:00 p.m.
A copy of the proposed zoning amendments can be viewed in-house at the Planning
Department, 3rd Floor City Hall, 108 East Green Street, Ithaca, New York.
JoAnn Cornish
Director of Planning & Development
3/22/13
MEMO
Date: 4.1.13
To: Planning & Economic Development Committee
From: Lynn C. Truame, Historic Preservation Planner
Re.: Required Resolution for Cascadilla Boathouse Grant
On December 18, 2012, the City of Ithaca was awarded $75,290 toward improvements to the second
floor of the Cascadilla Boathouse. The grant application was prepared by the Creating Healthy Places
Program and submitted on the City’s behalf.
Planning Division staff has been informed that the authorizing resolution submitted with the grant
application did not conform to the requirements of the New York State Department of Parks, Recreation
and Historic Preservation (NYSOPRHP), and that before our contract for these grant funds can be
prepared we will need to submit a revised resolution that uses their template language.
A copy of the original resolution, passed on July 2, 2012, is attached. The required form of resolution is
also attached. There is no opportunity to reference the prior resolution in the language of the required
resolution.
Planning Department staff is asking that Common Council pass the revised resolution in its required form
so that the funds awarded to the City by the NYSOPRHP may be accessed for this important project.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
[I, Julie Conley Holcomb, duly qualified and acting Clerk of the City of Ithaca, New York, do hereby certify
that the following resolution was adopted at the regular meeting of the Common Council held on May 1,
2013, and is on file and of record, and that said resolution has not been altered, amended, or revoked
and is in full force and effect.]
RESOLVED:
That Lynn C. Truame, as Historic Preservation Planner of the City of Ithaca, is hereby authorized and
directed to file an application for funds from the New York State Office of Parks, Recreation and Historic
Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or
the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $75,209, and
upon approval of said request to enter into and execute a project agreement with the State for such
financial assistance to the City of Ithaca for improvements to the second floor of the Cascadilla
Boathouse which will allow occupancy of that space by fewer than fifty users, as further detailed in the
grant application, and, if appropriate, a conservation easement/preservation covenant to the deed of
the assisted property.
To: Planning and Economic Development Planner Item # 5 b
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
From: Jennifer Kusznir, Economic Development Planner
Date: April 4, 2013
RE: Proposal to Amend Downtown Zoning Districts
The purpose of this memo is to provide information regarding a proposal to rezone portions of the Central Business
District (CBD).
Over the past few months, a working group consisting of the Mayor, two Common Council members, a member of the
Planning Board, the Executive Director of the DIA, and members of Planning Division staff have been evaluating the
existing downtown zoning designations in order to align them with the goals established by the Downtown Ithaca
Alliance’s Downtown Ithaca 2020 Strategic Plan, which was endorsed by Common Council. At the March Planning
and Economic Development Committee meeting, the proposal to amend the CBD Districts was discussed. At
the committee’s request, the ordinance and the enclosed draft environmental review were circulated to the
Planning Board, the Conservation Advisory Council, various City staff and departments, and the Tompkins
County Planning Department. In response to informal comments that were received, the working group has
recommended a few additional changes to the proposed ordinance. The enclosed ordinance specifies a 12-15’
range in allowable height for the first story of any new construction in any of the CBD zoning districts, and a
minimum of 10’ for any subsequent floors. In addition, the working group also recommends removing the
parking requirement for the B-2d zoning district. All of the new proposed text is underlined in the enclosed
document. No additional comments have been received at this time.
Enclosed for your consideration are draft resolutions for lead agency and environmental significance, as well as
the draft ordinance. If you have any concerns or questions regarding any of this information, feel free to contact
me at 274-6410.
Item # 5 b
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04/05/13
4/4/13
Draft Resolution:
Proposed Revisions to the CBD Zoning Districts – Declaration of Lead Agency
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
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 revisions to the Waterfront Zoning District is a "Type I" Action
pursuant to the City Environmental Quality Review Ordinance which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency
for the environmental review of the proposal to establish a new CBD-50 zoning district, to
rezone portions of the B-2c zoning district to CBD-60, to rezone portions of the CBD-60 to CBD
-85, to rezone portions of the CBD-60 zoning district to CBD -140, to rezone portions of the
CBD-60 zoning district to CBD -100, to rezone portions of the CBD-85 zoning district to CBD-
60, and to rezone portions of the B-1b, B-1a, and the P-1 district to the newly established CBD-
50 zoning district.
Item # 5 b
4/4/13
Draft Resolution:
Proposed Revisions to the CBD Zoning Districts - Determination of Environmental
Significance
WHEREAS, the City of Ithaca is considering a proposal to establish a new CBD-50
zoning district, to rezone portions of the B-2c zoning district to CBD-60, to rezone
portions of the CBD-60 to CBD -85, to rezone portions of the CBD-60 zoning district to
CBD -140, to rezone portions of the CBD-60 zoning district to CBD -100, to rezone
portions of the CBD-85 zoning district to CBD-60, and to rezone portions of the B-1b, B-
1a, and the P-1 district to the newly established CBD-50 zoning district.
WHEREAS, appropriate environmental review has been conducted including the
preparation of the Full Environmental Assessment Form (FEAF), and
WHEREAS, this rezoning has been reviewed by the Tompkins County Planning
Department Pursuant to §239-l–m of the 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
reviewed by the City of Ithaca Conservation Advisory Council, 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 (CEQR Sec.176-12B), and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency,
reviewed the Full Environmental Assessment Form prepared by Planning Staff and has
determined that the adoption of the proposed zoning change will not have a significant
effect on the environment; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as
its own, the finding and conclusions more fully set forth on the Full Environmental
Assessment Form, 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.
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4/5/2013
Item # 5 b
Page 1 of 8
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” To Establish the CBD-50 Zoning
District
WHEREAS, the Common Council is committed to dense urban
development in the core of downtown, as is expressed in the
Downtown Ithaca Alliance’s Downtown Ithaca 2020 Strategic Plan,
which was endorsed by the Common Council, and
WHEREAS, the City of Ithaca is also committed to promoting
development that preserves an active pedestrian experience along
the street frontage and that respects structures that are
historically significant, and
WHEREAS, the City of Ithaca recognizes the importance of
maintaining a human scale along the street, especially in
transitional areas where commercial zones are located nearby
residential districts, and
WHEREAS, a subcommittee consisting of city planning staff,
Common Council members, Planning Board members, the Mayor, and
the Executive Director of the Downtown Ithaca Alliance has
evaluated the existing downtown zoning and walked the district
and has determined that many areas of the central business
district are not adequately zoned for the desired development
potential in the core areas of the City, therefore
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City
of Ithaca as follows:
ORDINANCE NO. ____
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 (“Zoning”), Section 325-4 (“Establishment
of Districts”) of the Municipal Code of the City of Ithaca is
hereby amended to establish and add the “CBD-50” central
business district thereto, and the District Regulations Chart,
which is made a part of Chapter 325 by Section 325-8, is hereby
amended by adding the following:
4/5/2013
Item # 5 b
Page 2 of 8
Column 1: Use District – add “CBD-50”.
Column 2: Permitted Primary Uses (for CBD-50)–
1. Any primary use permitted in the B-2 District.
See §160,Design Review. See also 325-8D Additional
Restrictions in the CBD districts.
Column 3: Permitted Accessory Uses (for CBD-50)–
1. Any accessory use permitted in the B-2 District.
See §160,Design Review.
Column 4: Off-Street Parking Requirements (for CBD-50) – None.
Column 5: Off-Street Loading Requirements (for CBD-50) –
Same as B-2a.
Column 6: Minimum Lot Size (for CBD-50) – No Minimum Lot Size.
Column 7: Minimum Lot Size, Width in Feet at Street Line
(for CBD-50) – 10.
Column 8: Maximum Building Height, Number of Stories (CBD-50) -
None.
Column 9: Maximum Height of Building, Height in Feet (for CBD-
50) – 50. See also 325-8D Additional Restrictions in the CBD
Districts.
Column 10: Maximum Percent of Lot Coverage by Buildings (for
CBD-50) – 100% Except as required for rear yard.
Column 11: Yard Dimensions, Front, Required Minimum (for CBD-50)
– None.
Column 12: Yard Dimensions, Side, One Side at Least (for CBD-50)
– None.
Column 13: Yard Dimensions, Side, Other at Least (for CBD-50) –
None.
Columns 14/15: Yard Dimensions, Rear (for CBD-50) –
10 feet minimum.
Column 16: Minimum Height of Building, Height in Feet (CBD-50) –
Minimum height: 25 feet and a minimum of 2 stories.
4/5/2013
Item # 5 b
Page 3 of 8
Section 2. Chapter 325, Section 325-8 “District Regulations” is
hereby amended to add a subsection 325-8D Additional
Restrictions in the CBD Districts, to read as follows:
D. Additional Restrictions in the CBD Districts.
(1) The CBD-50 zone is located within the DeWitt Park
Historic District. New construction in any zone
that is located within a designated local
historic district is subject to review and
approval by the Ithaca Landmarks Preservation
Commission for compliance with Sections 228-5 (B)
and (C) of the Municipal Code.
(2) In the portion of the CBD-85 district directly
fronting the 100 block of West Green Street, the
front façade of any newly-constructed structure
must contain a stepback of between 8-12’ after
the first 2-4 stories, before the structure can
build up to the maximum allowable height of this
district.
(3) The first story of any new construction located
in any of the CBD districts is restricted to 12-
15 feet in height and any additional stories must
be a minimum of 10 feet in height.
Section 3. Severability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is held to be
invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity
of the remaining portions of this ordinance.
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.
4/5/2013
Item # 5 b
Page 4 of 8
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325-19, Entitled “Transition Regulations,” is hereby
amended as follows:
WHEREAS, the current City code allows for properties that are
located within two zoning districts to carry the less
restrictive regulations into the more restrictive district for
up to 30 feet, and
WHEREAS, the boundaries of the City’s zoning districts have been
carefully planned to limit impacts from large development areas
on adjacent zones, and transitional areas have been incorporated
into the established boundary lines, and
WHEREAS, staff has found that the transitional zoning language
does not comply with the intent of the established zoning
boundaries, therefore
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City
of Ithaca as follows:
ORDINANCE NO. ____
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, Section 325-19 “Transition Regulations”
is hereby amended to delete §325-19A. in its entirety, and all
subsequent subsections of §325-19 are hereby re-lettered
accordingly.
Section 2. Chapter 325, Section 325-20D(3)is amended to read as
follows:Notwithstanding anything contained herein to the contrary, there are no requirements
as to the minimum number of off-street parking spaces in the following zoning districts: WEDZ-
1a, CBD-60, CBD-85, CBD-100, CBD-120, B-1b, B-2d,and B-2c, WF-1 and WF-2.
Section 32. Severability. If any section, subsection,
sentence, clause, phrase or portion of this ordinance is held to
be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity
of the remaining portions of this ordinance.
Section 43. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
4/5/2013
Item # 5 b
Page 5 of 8
4/5/2013
Item # 5 b
Page 6 of 8
ORDINANCE NO. ____
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, Section 325-5 of the Municipal Code of
the City of Ithaca, entitled “Zoning Map” is hereby amended to
change the zoning designation of the following parcels, or some
portion of these parcels, as shown on the attached map entitled
“Proposed Downtown Rezoning - March 2013”, from B-2c to CBD-60:
71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16, 71.-
1-17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-19.2, 71.-1-22,
71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12,
71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-2.1, 71.-2-20,
71.-2-3, 71.-2-4, 71.-2-5, 71.-3-3, 71.-3-4, 71.-3-5, 71.-3-6,
71.-3-7, 71.-4-1.1, 71.-4-1.2, 71.-4-10, 71.-4-11, 71.-4-6, 71.-
5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-
18, 71.-5-19, 71.-5-2, 71.-5-20, 71.-5-23, 71.-5-24, 71.-5-4,
71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11,
71.-6-12, 71.-6-13, 71.-6-14, 71.-6-17, 71.-6-18, 71.-6-19, 71.-
6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-26, 71.-6-5,
71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 71.-6-9, 72.-3-10, 72.-3-12,
72.-3-14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2,
72.-3-19, 72.-3-2, 72.-3-20, 72.-3-23.2, 72.-3-24, 72.-3-26,
72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-4-10, 72.-4-13, 72.-4-
14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9.
Section 2. Chapter 325, Section 325-5 of the Municipal Code of
the City of Ithaca, entitled “Zoning Map” is hereby amended to
change the zoning designation of the following parcels, or some
portion of these parcels, as shown on the attached map entitled
“Proposed Downtown Rezoning – March 2013”, from CBD-60 to CBD-
85: 70.-6-1.1, 70.-6-14, 70.-6-15, 70.-6-17, 70.-6-18, 70.-6-19,
and 70.-6-20, 70.-6-21.
Section 3. Chapter 325, Section 325-5 of the Municipal Code of
the City of Ithaca, entitled “Zoning Map” is hereby amended to
change the zoning designation of the following parcels, or some
portion of these parcels, as shown on the attached map entitled
“Proposed Downtown Rezoning - March 2013”, from CBD-60 to CBD-
140: 69.-4-1, 70.-5-3, 70.-5-4, 70.-5-5, 70.-5-7, 70.-5-8, 70.-5-
9, 70.-4-4.1, 70.-4-4.2, 70.-4-4.3, 70.-4-4.4, 70.-4-5.1, 70.-4-
5.2, and 70.-5-10.
4/5/2013
Item # 5 b
Page 7 of 8
Section 4. Chapter 325, Section 325-5 of the Municipal Code of
the City of Ithaca, entitled “Zoning Map” is hereby amended to
change the zoning designation of the following parcels, or some
portion of these parcels, as shown on the attached map entitled
“Proposed Downtown Rezoning - March 2013”, from CBD-60 to CBD-
100: 69.-1-1, 69.-1-11, 69.-1-14, 69.-1-3, 69.-1-4, 69.-1-6.2,
69.-1-7, and 69.-1-8.
Section 5. Chapter 325, Section 325-5 of the Municipal Code of
the City of Ithaca, entitled “Zoning Map” is hereby amended to
change the zoning designation of the following parcels, or some
portion of these parcels, as shown on the attached map entitled
“Proposed Downtown Rezoning - March 2013”, from CBD-85 to CBD-
60: 70.-3-15.
Section 6. Chapter 325, Section 325-5 of the Municipal Code of
the City of Ithaca, entitled “Zoning Map” is hereby amended to
change the zoning designation of the following parcels, or some
portion of these parcels, as shown on the attached map entitled
“Proposed Downtown Rezoning - March 2013”, from B-1b, B-1a, and
P-1 to CBD-50: 61.-2-10.2, 61.-2-6, 61.-2-8, 61.-1-16, 61.-1-3,
and 61.-1-4.
4/5/2013
Item # 5 b
Page 8 of 8
Section 7. The City Planning and Development Board, the City
Clerk and the Planning Department shall amend the zoning map and
the district regulations chart in accordance with the amendments
made herewith.
Section 8. Severability. Severability is intended throughout
and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local
law is held to be invalid or unconstitutional by a court of
competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 9. Effective date. This ordinance shall take affect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
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ed
CBD-6
0
Pr
o
p
o
s
e
d
CB
D
-
5
0
Pr
o
p
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e
d
CB
D
-
5
0
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
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1
P-
1
P-
1
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1
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1
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1
P-
1
P-
1
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1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
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R-
2
a
R-
2
a
R-
2
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R-
2
a
R-
2
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R-
2
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R-
2
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R-
2
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R-
2
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R-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2a
R-
3
a
R-
3
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R-
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3
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3
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3
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R-
3
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3
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3
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3
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3
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3
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R-
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R-
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R-
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R-
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R-
3
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R-
3
a
C-
S
U
C-
S
U
C-
S
U
C-
S
U
C-
S
U
C-
S
U
C-
S
U
C-
S
U
C-
S
U
C-
S
U
C-
S
U
C-
S
U
C-
S
U
C-
S
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C-
S
U
C-
S
U
C-
S
U
C-
S
U
R-
2
b
R-
2
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2
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2
b
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2
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2
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2
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2
b
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2
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2
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2
b
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2
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2
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2
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2
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2
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2
b
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2
b
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2
b
R-
2
b
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2
b
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2
b
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2
b
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2
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2
b
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2
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2
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2
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2
b
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2
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2
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2
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2
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2
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2
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2
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2
b
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2
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R-
2
b
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2
b
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2
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2
b
R-
2
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R-
2
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R-
2
b
R-
2
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R-
2
b
R-
2
b
R-
2
b
R-2bR-2bR-2bR-2bR-2bR-2bR-2bR-2bR-2b R-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2aR-2a
R-
3
b
R-
3
b
R-
3
b
R-
3
b
R-
3
b
R-
3
b
R-
3
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3
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3
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3
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3
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3
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3
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3
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3
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3
b
R-
3
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R-
3
b
R-
3
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3
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3
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3
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3
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3
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R-
3
a
a
R-
3
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a
R-
3
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a
R-
3
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a
R-
3
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a
R-
3
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3
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R-
3
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3
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3
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3
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3
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3
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3
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3
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3
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3
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3
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3
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3
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3
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3
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3
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a
B-
1
a
B-
1
a
B-
1
a
B-
1
a
B-
1
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B-
1
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B-
1
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1
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B-
1
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1
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1
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1
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1
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1
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1
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1
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1
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B-
1
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P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
P-
1
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1
B-1aB-1aB-1aB-1aB-1aB-1aB-1aB-1aB-1a
B-
1
a
B-
1
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B-
1
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1
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1
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1
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1
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1
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1
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1
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1
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1
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1
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1
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1
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1
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1
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B-
1
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B-
2
a
B-
2
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B-
2
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B-
2
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B-
2
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B-
2
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2
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B-
2
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B-
2
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B-
2
c
B-
2
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B-
2
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B-
2
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B-
2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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2
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B-
2
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B-
2
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B-
2
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2
c
B-
4
B-
4
B-
4
B-
4
B-
4
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4
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4
B-
4
B-
4
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4
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4
B-
4
B-
4
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4
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4
B-4B-4B-4B-4B-4B-4B-4B-4B-4
CB
D
-
6
0
CB
D
-
6
0
CB
D
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6
0
CB
D
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6
0
CB
D
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6
0
CB
D
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6
0
CB
D
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6
0
CB
D
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6
0
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D
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6
0
CBD-60CBD-60CBD-60CBD-60CBD-60CBD-60CBD-60CBD-60CBD-60
CB
D
-
6
0
CB
D
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6
0
CB
D
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0
CB
D
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0
CB
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0
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D
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0
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D
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0
CB
D
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1
0
0
CB
D
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1
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0
CB
D
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1
0
0
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D
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1
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0
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D
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0
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D
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1
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2
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2
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1
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CB
D
-
8
5
CB
D
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8
5
CB
D
-
8
5
CB
D
-
8
5
CB
D
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8
5
CB
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5
CB
D
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8
5
CB
D
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5
CB
D
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8
5
WE
D
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1
b
WE
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1
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1
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CB
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CB
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CB
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5
WE
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Historic District CPOZ Adult Uses Proposed Downtown RezoningBuilding of Historical Significance
Item # 5 b
CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
FEAF Components:
Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it assists in
a review of the analysis that takes place in Parts 2 and 3.
Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to
whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form
also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA IS FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS
Identify the Portions of FEAF completed for this action: X Part 1 X Part 2 __Part 3
Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that:
_XA. The Proposed Action will not result in any large and important impact(s) an is one that will not have a significant impact
on the environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED.
__B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 have been required; therefore, A
CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. *
__C. The proposed action may result in one or more large and important impacts that may have a significant impact on the
environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED.
*A Conditioned Negative Declaration is only valid for Unlisted Actions
Name of Action: Rezoning of Portions of the CBD Districts
Name of Lead Agency: City of Ithaca
Name and Title of Responsible Officer in Lead Agency: Mayor Svante Myrick
Signature of Responsible Officer in Lead Agency:
Signature of Preparer: Jennifer Kusznir
Date: 2/26/13
FULL ENVIRONMENTAL ASSESSMENT FORM
PART 1—PROJECT INFORMATION
NOTICE: This document is designed to assist in determining whether the action proposed may have a
significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these
questions will be considered as part of the application for approval and may be subject to further verification
and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on
information currently available and will not involve new studies, research or investigation. If information
requiring such additional work is unavailable, so indicate and specify each instance.
Name of Action: The establishment of the CBD-50 zoning district and the Rezoning of a portions of the CBD
zoning districts.
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 East Green Street
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone:
Name of Owner(If Different):
Address:
City/Town/Village: State: ZIP:
Business Phone:
Description of Action: Establishment of the CBD-50 zoning district, the rezoning of portions of the
B-2c zoning district to CBD-60, the rezoning of portions of the CBD-60 to CBD -85, the rezoning of portions
of the CBD-60 zoning district to CBD -140, the rezoning of portions of the CBD-60 zoning district to CBD -
100, the rezoning of portions of the CBD-85 zoning district to CBD-60, and the rezoning of portions of the B-
1b, B-1a, and the P-1 district to the newly established CBD-50 zoning district.
2
Please Complete Each Question--Indicate N/A if not applicable
A. SITE DESCRIPTION
(Physical setting of overall project, both developed and undeveloped areas.)
1. Present Land Use: X Urban Industrial Commercial Public Forest
Agricultural Other:
2. Total area of project area: ~27 Acres square feet (Chosen units apply to following section also)
Approximate Area (Units in question 2 apply to this section) Presently After Completion
2a. Meadow or Brushland (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area
2f. Public
2g. Water Surface Area
2h. Unvegetated (rock, earth or fill)
2i. Roads, buildings and other paved surfaces 27 27
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): Howard Chenango/Urban Fill
3b. Soil Drainage: NA Well Drained ______% of Site
Moderately Well Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes X No N/A
4b. What is depth of bedrock? NA (feet)
4c. What is depth to the water table? NA (feet)
5. Approximate percentage of proposed project site
with slopes:
X 0-10% 100 % 10-15% %
15% or greater %
6a. Is project substantially contiguous to, or does it
contain a building, site or district, listed on or
eligible for the National or State Register of
Historic Places?
X Yes No N/A
Commons National District
Dewitt Local and National District
6b. Or designated a local landmark or in a local
landmark district?
Yes X No N/A
7. Do hunting or fishing opportunities presently
exist in the project area? Yes X o N/A If yes, identify each species:
Page 3
SITE DESCRIPTION (Concluded)
8. Does project site contain any species of plant or
animal life that is identified as threatened or
endangered?
Yes X No N/A
According to:
Identify each Species:
9. Are there any unique or unusual landforms on the
project site? (i.e., cliffs, other geological
formations)
Yes X No N/A
Describe:
10. Is the project site presently used by the
community or neighborhood as an open space or
recreation area?
Yes X No N/A
If yes, explain:
11. Does the present site offer or include scenic views
known to be important to the community? Yes X No N/A
Describe:
12. Is project within or contiguous to a site
designated a Unique Natural Area (UNA) or
critical environmental area by a local or state
agency?
Yes X No N/A
Describe:
13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a
tributary: NA
14. Lakes, ponds, wetland areas within or contiguous
to project area: NA
a. Name:
b. Size (in acres):
15. Has the site been used for land disposal of solid
or hazardous wastes? Yes X No N/A
Describe:
16. Is the site served by existing public utilities?
a. If Yes, does sufficient capacity exist to allow
connection?
b. If Yes, will improvements be necessary to
allow connection?
X Yes No N/A
Yes No X N/A
Yes No X N/A
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
1a. Total contiguous area owned by project sponsor in acres: 27
1b. Project acreage developed: 27 Acres initially 27 Acres ultimately
1c. Project acreage to remain undeveloped: NA
1d. Length of project in miles: (if appropriate) __ NA _________ or feet: __ NA ___________
1e. If project is an expansion, indicate percent of change proposed: NA
1f. Number of off-street parking spaces existing: NA proposed: ___ NA ______________
1g.Maximum vehicular trips generated (upon completion of project) per day: __ NA ____ and per hour: _ NA
4
1h. Height of tallest proposed structure: feet. No structures are proposed, the proposed amendment
could allow for the construction of structures up to 140’ in height in some sections of the CBD districts.
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy?_____NA___
2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site:
___ NA _________________________ or added to the site: _____ NA __________________________
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site:
acres:___ NA _ type of vegetation:_______ NA ______________________________________________
4. Will any mature trees or other locally important vegetation be removed by this project? NA
5. Are there any plans for re-vegetation to replace that removed during construction? NA
6. If single phase project, anticipated period of construction NA months, (including demolition)
7. If multi-phased project, anticipated period of construction__NA_______ months, (including demolition)
7a. Total number of phases anticipated: ___________NA_________________
7b. Anticipated date of commencement for first phase NA month year, (including demolition)
7c. Approximate completion date of final phase NA month year.
7d. Is phase one financially dependent on subsequent phases? Yes No X N/A
8. Will blasting occur during construction? Yes No X N/A; if yes, explain:
9. Number of jobs generated: during construction_____0_____ after project is completed__________
10. Number of jobs eliminated by this project: 0 Explain:
11. Will project require relocation of any projects or facilities? Yes X No N/A; if yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes X No N/A; if yes, explain:
12b. If #12a is yes, indicate type of waste (sewage, industrial, etc):NA
12c. If surface disposal, where specifically will effluent be discharged? NA
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes X No N/A; if yes, explain:
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood
plain? Yes No X N/A
14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet
Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply) NA
14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as
described in Article 24 Of the ECL? Yes X No N/A;
14d. If #14a, b or c is yes, explain: NA
15a. Does project involve disposal or solid waste? Yes X No N/A;
15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No X N/A;
15c. If #15b is yes, give name of disposal facility: NA and its location:
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Page 5
Yes No X N/A; if yes, explain:
15e. Will any solid waste be disposed of on site? Yes No X N/A; if yes, explain:
16. Will project use herbicides or pesticides? Yes No X N/A; if yes, specify:
17. Will project affect a building or site listed on or eligible for the National or State Register of Historic
Places or a local landmark or in a landmark district? X Yes No N/A; if yes, explain: Some of
the areas being rezoned are located within the Dewitt nationally and locally designated historic district
and the Commons nationally designated district. The proposal carefully attempts to avoid impacting
nearby historically significant properties.
18. Will project produce odors? Yes No X N/A; if yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No X N/A; After construction? Yes No X N/A
20. Will project result in an increase of energy use? Yes No X N/A; if yes, indicate type(s) NA
21. Total anticipated water usage per day: gals/day. NA Source of water
C. ZONING AND PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? X Yes No N/A; if yes, indicate
the decision required:
X Zoning Amendment Zoning Variance New/revision of master plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other:
2. What is the current zoning classification of site? R-3a and R-3b
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
- Currently, there are approximately 3.6 acres zoned CBD-85that are located in the proposed areas to be
re-zoned. CBD-85 allows for 100% lot coverage and 85’ building height. For these areas the
maximum potential build out is 1.25 million sf of space. This assumes a maximum of 8 stories. The
maximum buildout calculation does not take into consideration requirements for a 10 foot rear yard
setback.
- Currently, there area approximately 4.3 acres zoned CBD-60 that are located in the proposed areas to
be re-zoned. CBD-60 allows for 100% lot coverage and 60’ building height. For these areas the
maximum potential build out is 950,000 sf of space. This assumes a maximum of 5 stories. The
maximum buildout calculation does not take into consideration requirements for a 10 foot rear yard
setback.
- Currently, there area approximately 17 acres zoned B-2c that are located in the proposed areas to be re-
zoned. B-2c allows for 85% lot coverage and 50’ building height. For these areas the maximum
potential build out is 2.5 million sf of space. This assumes a maximum of 4 stories. The maximum
buildout calculation does not take into consideration requirements for a 10 foot side yard setback and a
20’ rear yard setback.
- Currently, there area approximately .5acres zoned B-1b that are located in the proposed areas to be re-
6
zoned. B-1b allows for 90% lot coverage and 50’ building height. For these areas the maximum
potential build out is 86,000sf of space. This assumes a maximum of 4 stories. The maximum
buildout calculation does not take into consideration requirements for a 10 foot rear yard setback.
- Currently, there area approximately 1.38 acres zoned B-1a that are located in the proposed areas to be
re-zoned. B-1a allows for 50% lot coverage and 40’ building height. For these areas the maximum
potential build out is 90,000sf of space. This assumes a maximum of 3 stories. The maximum
buildout calculation does not take into consideration requirements for a 5 foot front yard setback,
sideyard setbacks of 10’ and 5’ and a 20 foot rear yard setback.
- Currently, there area approximately .5 acres zoned P-1 that are located in the proposed areas to be re-
zoned. P-1 allows for 35% lot coverage and no maximum building height. For these areas the
maximum potential build out footprint is 7,500 sf . The maximum buildout calculation does not take
into consideration requirements for a 25 foot front yard setback, sideyard setbacks of 10’ and a 10 foot
rear yard setback.
Zoning
Districts
Square
footage of
District to be
Rezoned
Acres of
District to be
Rezoned
Maximum
Allowable
Height
%lot
coverage stories
Maximum
Potential
Square
Footage
CBD-85 157000 3.604224 85 100% 8 1,256,000.00
CBD-60 188130 4.318871 60 100% 5 940,650.00
B-2c 748,377.00 17.18 50 85% 4 2,544,481.80
B-1b 24000 0.55 50 90% 4 86,400.00
B-1a 60000 1.38 40 50% 3 90,000.00
P-1 21500 0.49 - 35% 1 7,525.00 *
Maximum Buildout Potential 4,917,531.80
*Since there is no maximum height in the P-1 district, this is the maximum building footprint.
4. Is proposed use consistent with present zoning? Yes X No N/A
5. If #4 is no, indicate desired zoning:
from B-2c to CBD-60: 71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15,
71.-1-16, 71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-19.2, 71.-1-
22, 71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-
14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-2.1, 71.-2-20, 71.-2-3, 71.-2-4,
71.-2-5, 71.-3-3, 71.-3-4, 71.-3-5, 71.-3-6, 71.-3-7, 71.-4-1.1, 71.-4-
1.2, 71.-4-10, 71.-4-11, 71.-4-6, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12,
71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-19, 71.-5-2, 71.-5-20, 71.-5-23,
71.-5-24, 71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10,
71.-6-11, 71.-6-12, 71.-6-13, 71.-6-14, 71.-6-17, 71.-6-18, 71.-6-19, 71.-
6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-26, 71.-6-5, 71.-6-6,
71.-6-7, 71.-6-8, 71.-6-9, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14, 72.-3-
15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-
20, 72.-3-23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8,
72.-4-10, 72.-4-13, 72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9;
from CBD-60 to CBD -85:70.-6-1.1, 70.-6-14, 70.-6-15, 70.-6-17, 70.-6-18,
70.-6-19, and 70.-6-20, 70.-6-21;
from CBD-60 to CBD -140: 69.-4-1, 70.-5-3, 70.-5-4, 70.-5-5, 70.-5-7, 70.-
Page 7
5-8, 70.-5-9, 70.-4-4.1, 70.-4-4.2, 70.-4-4.3, 70.-4-4.4, 70.-4-5.1, 70.-
4-5.2, and 70.-5-10;
from CBD-60 to CBD -100: 69.-1-1, 69.-1-11, 69.-1-14, 69.-1-3, 69.-1-4,
69.-1-6.2, 69.-1-7, and 69.-1-8;
from CBD-85 to CBD -60: 70.-3-15.
from B-1b, B-1a, and P-1 to CBD-50: 61.-2-10.2, 61.-2-6, 61.-2-8, 61.-1-16, 61.-1-3, and 61.-
1-4.
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
All properties in the CBD district have a 100% allowable lot coverage, except as required for rear yard
setback requirements.
• For those properties proposed to be rezoned to CBD-60, the maximum allowable height of any
new construction will be 60 feet with 100% lot coverage.
• For those properties proposed to be rezoned to CBD-50, the maximum allowable height of any
new construction will be 50 feet with 100% lot coverage..
• For those properties proposed to be rezoned to CBD-85, the maximum allowable height of any
new construction will be 85 feet with 100% lot coverage..
• For those properties proposed to be rezoned to CBD-100, the maximum allowable height of
any new construction will be 100 feet with 100% lot coverage..
• For those properties proposed to be rezoned to CBD-140, the maximum allowable height of
any new construction will be 140 feet with 100% lot coverage.
Proposed
Zoning
District
Square footage
of District to be
Rezoned
Acres of
District to be
Rezoned
Maximum
Allowable
Height
%lot
coverage stories
Maximum
Potential
Square Footage
CBD-50 106100 2 50 100% 4 424,400.00
CBD-60 607590 14 60 100% 5 3,037,950.00
CBD-85 46,460.00 1 85 100% 8 371,680.00
CBD-100 46670 1 100 100% 9 420,030.00
CBD-140 187240 4 140 100% 12 2,246,880.00
Maximum Buildout Potential 6,500,940.00
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
XYes No N/A; If no, explain:
8. What is the dominant land use and zoning classification within a ¼ mile radius of the project?
(e.g. R-1a or R-1b) B-1a, B-1b, B-2a, B-2c, B-2d, B-4, CBD-100, CBD-120, CBD-60, CBD-85, C-SU,
P-1, R-1a, R-1b, R-2a, R-2b, R-3a, R-3aa, R-3b, SW-2, WEDZ-1b, WF-1, and WF-2
9. Is the proposed action compatible with adjacent land uses? X Yes No N/A Explain:
10a. If the proposed action is the subdivision of land, how many lots are proposed? NA
10b. What is the minimum lot size proposed? NA
8
11. Will the proposed action create a demand for any community-provided services? (recreation, education,
police, fire protection, etc.) ? Yes X No N/A Explain:
If yes, is existing capacity sufficient to handle projected demand? Yes No X N/A
Explain: NA
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes X No N/A If yes, is the existing road network adequate to handle the additional traffic?
X Yes No N/A Explain:
D. APPROVALS
1. Approvals: Council Adoption
2a. Is any Federal permit required? Yes X No N/A; Specify:
2b. Does project involve State or Federal funding or financing? Yes X No N/A; If Yes, Specify:
2c. Local and Regional approvals:
Agency
Yes or No
Type of
Approval Required
Submittal
Date
Approval
Date
Common Council Yes Adoption
Board of Zoning Appeals (BZA) No
Planning & Development Board No
Ithaca Landmarks Preservation
Commission (ILPC)
No
Board of Public Works (BPW) No
Fire Department No
Police Department No
Building Commissioner No
Ithaca Urban Renewal Agency
(IURA)
No
E. INFORMATIONAL DETAILS
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts
associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid
them.
F. VERIFICATION
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: City of Ithaca
Signature: Jennifer Kusznir
Title: Economic Development Planner
Page 9
City of Ithaca Long Environmental Assessment Form
PART 2 – PROJECT IMPACTS AND THEIR MAGNITUDES
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to project
site? Yes X No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Any construction on slopes of 15% or greater, (15 foot rise per 100
foot of length), or where the general slope in the project exceeds
10%.
Yes No
Construction on land where the depth to the water table is less than 3
feet. Yes No
Construction of parking facility/area for 50 or more vehicles. Yes No
Construction on land where bedrock is exposed or generally within 3
feet of existing ground surface. Yes No
Construction that will continue for more than 1 year or involve more
than one phase or stage. Yes No
Evacuation for mining purposes that would remove more than 1,000
tons of natural material (i.e. rock or soil) per year. Yes No
Construction of any new sanitary landfill. Yes No
Construction in a designated floodway. Yes No
Other impacts: existing development is in the 500 year flood plain Yes No
2. Will there be an effect on any unique landforms found on the site?
(i.e. cliffs, gorges, geological formations, etc.)
Yes x No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Specific land forms: Yes No
IMPACT ON WATER
3. Will project affect any water body designated as protected? (Under
article 15 or 24 of the Environmental Conservation Law, E.C.L.)
Yes x No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Developable area of site contains a protected water body Yes No
Dredging more than 100 cubic yards of material from channel of a
protected stream. Yes No
Extension of utility distribution facilities through a protected water
body. Yes No
Construction in a designated freshwater wetland. Yes No
Other impacts: Yes No
4. Will project affect any non-protected existing or new body of
water?
Yes X No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
10
A 10% increase or decrease in the surface area of any body of water
or more than a 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of a body of water that
exceeds 10,000 sq. ft. of surface area. Yes No
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga
Lake or the Cayuga Inlet? Yes x No
Other impacts: Yes No
5. Will project affect surface or groundwater quality?
Yes x No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be
Reduced by
Project Change?
Project will require a discharge permit. Yes No
Project requires use of a source of water that does not have
approval to serve proposed project. Yes No
Construction or operation causing any contamination of a public
water supply system. Yes No
Project will adversely affect groundwater. Yes No
Liquid effluent will be conveyed off the site to facilities which
presently do not exist or have inadequate capacity.
Yes No
Project requiring a facility that would use water in excess of
20,000 gallons per day or 500 gallons per minute.
Yes No
Project will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an obvious
visual contrast to natural conditions.
Yes No
Proposed Action will require the storage of petroleum or chemical
products greater than 1,100 gallons.
Yes No
Other impacts: Yes No
6. Will project alter drainage flow, drainage patterns or
surface water runoff?
Yes X No
Small to
Moderate Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Project would impede floodwater flows. Yes No
Project is likely to cause substantial erosion. Yes No
Project is incompatible with existing drainage patterns. Yes No
Other impacts: Yes No
IMPACT ON AIR
7. Will project affect air quality?
Yes x No
Small to Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Project will induce 500 or more vehicle trips in any 8-hour
period per day. Yes No
Project will result in the incineration of more than 2.5 tons
of refuse per 24-hour day. Yes No
Page 11
Project emission rate of all contaminants will exceed 5 lbs
per hour or a heat source producing more than 10 million
BTUs per hour.
Yes No
Other impacts: Yes No
IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered
species?
Yes x No
Small to Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Reduction of any species listed on the New York or
Federal list, using the site, found over, on, or near site. Yes No
Removal of any portion of a critical or significant
wildlife habitat. Yes No
Application of pesticide or herbicide more than twice a
year other than for agricultural purposes. Yes No
Other impacts: Yes No
9. Will proposed action substantially affect non-
threatened or non-endangered species?
Yes X No
Small to Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Proposed action would substantially interfere with any
resident or migratory fish or wildlife species. Yes No
Proposed action requires the removal or more than 1/2
acre of mature woods or other locally important
vegetation.
Yes No
Other impacts: Yes No
IMPACT ON AESTHETIC RESOURCE – See Part III
10. Will the proposed action affect views, vistas or the
visual character of the neighborhood or community?
X Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by Project
Change?
Proposed land uses, or proposed action components
obviously different from or in sharp contrast to current
surrounding land use patterns, whether man-made or
natural.
Yes No
Proposed land use, or proposed action components
visible to users of aesthetic resources which will
eliminate or significantly reduce their enjoyment of
aesthetic qualities of that resource.
Yes No
Proposed action will result in the elimination or major
screening of scenic views known to be important to the
area.
Yes No
Other impacts: Yes No
12
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES –See Part III
11. Will proposed action impact any site or structure of
historic, prehistoric or paleontological importance?
X Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Proposed action occurring wholly or partially within or
contiguous to any facility or site listed on or eligible for
the National or State Register of Historic Places.
Yes No
Any impact to an archaeological site or fossil bed
located within the project site. Yes No
Proposed action occurring wholly or partially within or
contiguous to any site designated as a local landmark or
in a landmark district.
X Yes No
Other impacts: Yes No
IMPACT ON OPEN SPACE AND RECREATION
12. Will the proposed action affect the quantity or
quality of existing or future open spaces or recreationa
opportunities?
Yes X No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
The permanent foreclosure of a future recreational
opportunity. Yes No
A major reduction of an open space important to the
community. Yes No
Other impacts: x Yes No
IMPACT ON UNIQUE NATURAL AREAS AND CRITICAL ENVIRONMENTAL AREAS
13. Will the proposed action impact the exceptional or unique characteristics of a site designated as a unique
natural area (UNA) or a critical environmental area (CEA)by a local or state agency? Yes x No
Proposed Action to locate within a UNA or CEA? Yes No
Proposed Action will result in a reduction in the quality of the resource Yes No
Proposed Action will impact the use, function or enjoyment of the resource Yes No
Other impacts: Yes No
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing
transportation systems?
Yes x No
Small to
Moderate
Impact
Potential Large Impact
Can Impact be
Reduced by Project
Change?
Alteration of present patterns of movement of
people and/or goods. Yes No
Proposed action will result in major traffic
problems. Yes No
Page 13
Other impacts: Yes No
IMPACT ON ENERGY
15. Will proposed action affect the community's
sources of fuel or energy supply?
Yes x No
Small to
Moderate
Impact
Potential Large Impact
Can Impact be
Reduced by
Project Change?
Proposed action causing greater than 5% increase
in any form of energy used in municipality. Yes No
Proposed action requiring the creation or
extension of an energy transmission or supply
system to serve more than 50 single or two
family residences.
Yes No
Other impacts: Yes No
IMPACT ON NOISE AND ODORS
16. Will there be objectionable odors, noise,
glare, vibration or electrical disturbance during
construction of or after completion of this
proposed action?
Yes X No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced
by Project Change?
Blasting within 1,500 feet of a hospital, school,
or other sensitive facility? Yes No
Odors will occur routinely (more than one hour
per day) Yes No
Proposed action will produce operating noise
exceeding the local ambient noise levels for
noise outside of structure.
Yes No
Proposed action will remove natural barriers that
would act as a noise screen. Yes No
Other impacts: Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety?
Yes x No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be Reduced by
Project Change?
Proposed action will cause a risk of explosion or release of
hazardous substances (i.e. oil, pesticides, chemicals,
radiation, etc.) in the event of accident or upset conditions,
or there will be a chronic low-level discharge or emission.
Yes No
Proposed action may result in the burial of “hazardous
wastes” in any form (i.e. Toxic, poisonous, highly reactive,
radioactive, irritating, infectious, etc.)
Yes No
Proposed action may result in the excavation or other Yes No
14
disturbance within 2,000 feet of a site used for the disposal
of solid or hazardous wastes.
Proposed action will result in the handling or disposal or
hazardous wastes (i.e. toxic, poisonous, highly reactive,
radioactive, irritating, infectious, etc., including wastes that
are solid, semi-solid, liquid or contain gases.)
Yes No
Storage facilities for 50,000 or more gallons of any liquid
fuel. Yes No
Use of any chemical for de-icing, soil stabilization or the
control of vegetation, insects or animal life on the premises
of any residential, commercial or industrial property in
excess of 30,000 square feet.
Yes No
Other impacts: Yes No
IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character
of the existing community?
See Part III x Yes No
Small to
Moderate Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
The population of the City in which the
proposed action is located is likely to grow by
more than 5% of resident human population.
Yes No
The municipal budgets for capital
expenditures or operating services will
increase by more than 5% per year as a result
of this proposed action.
Yes No
Proposed action will conflict with officially
adopted plans or goals: Yes No
Proposed action will cause a change in the
density of land use. Yes No
The proposed action will replace or eliminate
existing facilities, structures, or areas of
historic importance to the community.
Yes No
Development will create a demand for
additional community services (e.g. schools,
police, and fire, etc.
Yes No
Proposed action will set an important
precedent for future actions. X x Yes No
Proposed action will relocate 15 or more
employees in one or more businesses. Yes No
Other impacts: See Part 3 Yes No
19. Is there public controversy concerning the
proposed action? TBD-See Part III
Yes No _
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
Page 15
Either government or citizens of adjacent
communities have expressed opposition or
rejected the proposed action or have not been
contacted.
Yes No
Objections to the proposed action from within
the community. Yes No
If any action in part 2 is identified as a potential large impact, or if you cannot determine the
magnitude of impact, proceed to part 3.
16
City of Ithaca
Full Environmental Assessment Form—Part III
Proposed Rezoning of Portions of the CBD Zoning District
March 15, 2013
PROPOSED ACTION
The proposed action is the rezoning of certain areas of the CBD district in order to support and encourage
dense urban development in the core of downtown, as is expressed in the Downtown Ithaca Alliance’s
Downtown Ithaca 2020 Strategic Plan, which was endorsed by the Common Council. Specifically, this
action includes the following changes to the CBD district: Rezoning from B-2c to CBD-60: 71.-1-11, 71.-
1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16, 71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-19.2, 71.-1-22,
71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-2.1,
71.-2-20, 71.-2-3, 71.-2-4, 71.-2-5, 71.-3-3, 71.-3-4, 71.-3-5, 71.-3-6, 71.-3-7, 71.-4-1.1, 71.-4-1.2, 71.-4-10,
71.-4-11, 71.-4-6, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-19, 71.-5-2, 71.-
5-20, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-12, 71.-
6-13, 71.-6-14, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-26, 71.-6-
5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-3-
18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3-23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8,
72.-4-10, 72.-4-13, 72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9;
from CBD-60 to CBD -85:70.-6-1.1, 70.-6-14, 70.-6-15, 70.-6-17, 70.-6-18, 70.-6-19, and 70.-6-20, 70.-6-21;
from CBD-60 to CBD -140: 69.-4-1, 70.-5-3, 70.-5-4, 70.-5-5, 70.-5-7, 70.-5-8, 70.-5-9, 70.-4-4.1, 70.-4-4.2,
70.-4-4.3, 70.-4-4.4, 70.-4-5.1, 70.-4-5.2, and 70.-5-10;
from CBD-60 to CBD -100: 69.-1-1, 69.-1-11, 69.-1-14, 69.-1-3, 69.-1-4, 69.-1-6.2, 69.-1-7, and 69.-1-8;
from CBD-85 to CBD -60: 70.-3-15.
from B-1b, B-1a, and P-1 to CBD-50: 61.-2-10.2, 61.-2-6, 61.-2-8, 61.-1-16, 61.-1-3, and 61.-1-4.
ENVIRONMENTAL IMPACTS
Impact on Land - No Impact
There are no immediate impacts on land that are anticipated as a result of this change in zoning. The zoning
will allow for taller buildings to be constructed in some locations, however, there will be no immediate
change in the build environment as a result of this action. Any new construction will undergo a separate
environmental review and will assess any impacts on land.
Impact on Water - No Impact
There are no impacts on water anticipated as a result of this action.
Impact of Air - No Impact
There are no impacts on water anticipated as a result of this action.
Impact on Aesthetic Resources – Small to Moderate Impact
The proposed action will allow for taller structures to be constructed in certain areas of downtown. If taller
structures are constructed the views from some areas may be impacted. However, all of the areas being
rezoned are in the central business district and are all built areas. The tallest structure allowed under the
proposed zoning would be 140’. The area proposed for 140’ is located across the street from a 120’ zoning
Page 17
18
district, therefore, the proposed changes are not in sharp contrast from the other allowable heights. New
construction in these districts is not expected to eliminate any scenic views that are significant to the
community. However, any new construction will have to undergo a full environmental review and to
determine the impacts on views.
Impact on Historic and Archaeological Resources – Small to Moderate Impact
Some of the areas that are proposed to be rezoned are located in the nationally and locally designated Dewitt
Historic District and the nationally designated Commons Historic District. All new construction on
properties that are being re-zoned to the newly established CBD50, which is located in the Dewitt Historic
District will have to undergo ILPC review.
For properties that are located in the proposed CBD-140 district beside the Commons Historic District, the
zoning district has been drawn 60’ back from the building fronts on the Commons. All new construction
would be restricted to 60’ on the Commons front.
In addition, there is one property located in the Commons National Historic District that is being proposed to
be rezoned from CBD-85 to CBD-60. This change will allow a maximum allowable height of 60’ for any
new construction fronting on the Commons.
IMPACT ON GROWTH AND CHARACTER OF THE COMMUNITY OR NEIGHBORHOOD—SMALL
TO MODERATE IMPACT
The proposed zoning changes will allow for a greater square footage of buildout in the downtown area. By
encouraging more density in the downtown area, the City can discourage sprawl, create walkable
communities, reduce the reliance on single occupancy vehicular travel, and encourage mixed-use commercial/
residential development. The action being reviewed is the zoning change to allow for greater density. Any
construction projects will have to undergo a separate environmental review in order to consider any
community impacts.
PUBLIC CONTROVERSY
Public controversy for this action has not yet been determined. Affected property owners will be notified of
the proposed action and public hearing will be held before the Commons Council considers the proposed
rezoning.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
TO: Planning & Economic Development Committee Item # 6 a
FROM: Megan Wilson, Planner
DATE: April 4, 2013
RE: Collegetown Area Form Districts – Additional Materials
Attached please find additional materials related to the Collegetown Area Form Districts, dated
March 12, 2013. These materials include a draft ordinance and accompanying map as well as a draft
Full Environmental Assessment Form. The Collegetown Area Form Districts document has not
changed, and the attached materials have been prepared based on the March12th draft. Staff will
attend the April 10th Planning & Economic Development Committee meeting to discuss the
ongoing work on the proposed zoning and seek permission to circulate it for further comment. If
you have any questions or comments, please contact Megan Wilson at mwilson@cityofithaca.org or
274-6560.
4/4/13
Item # 6 a
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning” To Establish the Collegetown Area Form
Districts
WHEREAS, the “2009 Collegetown Urban Plan & Conceptual Design
Guidelines” was endorsed by the Common Council on August 5, 2009, and
the adoption of a form-based code has been considered to be a critical
implementation measure, and
WHEREAS, based on the advise of a consultant, the City has decided to
pursue a hybrid code rather than a true form-based code because (1)
the hybrid code includes regulations of density and use that are not
included in true form-based codes and density continues to be a
critical issue in the Collegetown area and (2) this type of zoning is
new to the City and the hybrid code would ease the transition from
traditional zoning, and
WHEREAS, a working group consisting of Common Council members, a
Planning Board member, and City staff has revised a previous zoning
proposal for Collegetown to create a clarified proposal that reflects
the goals of the “2009 Collegetown Urban Plan & Conceptual Design
Guidelines;” now, therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
ORDINANCE NO. ____
Section 1. Declaration of Legislative Findings and Purpose
The “2009 Collegetown Urban Plan & Conceptual Design Guidelines”
identifies several goals for future development in Collegetown. These
goals include:
• To encourage exceptional urban design and high-quality
construction;
• To regulate elements of building form to ensure a consistent
transition between higher-density and lower-density zoning
districts;
• To concentrate development in the central areas of Collegetown
and protect the character of the established residential
neighborhoods;
• To preserve and enhance green space that is a vital ecological,
recreational, and aesthetic component of the urban environment;
and
• To promote attractive, walkable neighborhoods that prioritize
accommodation of alternate modes of transportation
Page 1 of 4
4/4/13
Item # 6 a
The “2009 Collegetown Urban Plan & Conceptual Design Guidelines”
recommends the adoption of a form-based code to regulate elements of
building form that are not addressed under traditional zoning. The
Collegetown Area Form Districts is a hybrid code that combines
regulations of physical form with regulations of use and density.
The Common Council finds that the establishment of the Collegetown
Area Form Districts will advance the City’s goals for future
development in Collegetown as specified in the “2009 Collegetown Urban
Plan & Conceptual Design Guidelines.”
Section 2. Chapter 325, Sections 325-4 and 325-5 of the Municipal
Code of the City of Ithaca are hereby amended to establish and add the
Collegetown Area Form Districts which include the following zoning
districts: Collegetown Residential 1 (CR-1), Collegetown Residential 2
(CR-2), Collegetown Residential (CR-3), Collegetown Residential (CR-
4), Mixed Use 1 (MU-1), and Mixed Use 2 (MU-2).
Section 3. Chapter 325 of the Municipal Code of the City of Ithaca is
hereby amended to add a new Article to be inserted as Article IX,
entitled “Collegetown Zoning,” and all subsequent articles and
sections shall be hereby renumbered accordingly. “§325-45 Collegetown
Area Form Districts,” dated March 12, 2013, shall be inserted in its
entirety into said Article IX as §325-45.
Section 4. The Official Zoning Map of the City of Ithaca is hereby
amended to change the designation from R-1b, and R-3a to CR-1 for the
following tax parcels: 64.-6-1; 64.-6-2.2; 64.-6-3; 64.-7-1; 64.-7-2;
64.-7-3; 64.-7-4; 64.-7-5; 64.-7-6; 65.-2-1; 65.-2-2; 65.-2-3; 65.-2-
4; 65.-2-5; 67.-2-8; 67.-2-9; 67.-2-10; 67.-2-11; 67.-3-18; 67.-3-19;
67.-3-20; 67.-3-21; 67.-3-22; 83.-6-2; 84.-1-1; and a portion of 67.-
2-5.
The boundaries of this amendment are shown on the map entitled
“Collegetown Area Form Districts - April 2013,” a copy of which shall
be on file in the City Clerk’s office.
Section 5. The Official Zoning Map of the City of Ithaca is hereby
amended to change the designation from R-2a, R-2b, and R-3a to CR-2
for the following tax parcels: 64.-1-1; 64.-1-2; 64.-1-4; 64.-3-1;
64.-3-2; 64.-3-3; 64.-3-4; 64.-3-5; 64.-3-6; 64.-3-7; 64.-3-8; 64.-4-
1; 64.-4-2; 64.-4-3; 64.-4-4; 64.-4-5; 64.-5-1; 64.-5-2; 64.-5-3; 64.-
5-4; 64.-8-7; 64.-8-8; 64.-8-9; 64.-8-10; 65.-1-1; 65.-1-2; 65.-1-3;
65.-1-4; 65.-1-5; 68.-6-12; 68.-6-13; 68.-6-14; 68.-6-15; 68.-7-2;
68.-7-3; 68.-7-4; 68.-7-5; 68.-7-6; 68.-7-7; 68.-7-8; 68.-8-6; 68.-8-
9; 83.-3-2; 83.-3-3; 83.-3-4; 83.-3-5; 83.-3-6.1; 83.-3-6.2; 83.-3-7;
83.-3-8; 83.-3-9; 83.-4-1; 83.-4-3; 83.-4-4; 83.-4-5; 83.-4-6; 83.-6-
1; and 83.-6-3.
The boundaries of this amendment are shown on the map entitled
“Collegetown Area Form Districts - April 2013,” a copy of which shall
be on file in the City Clerk’s office.
Page 2 of 4
4/4/13
Item # 6 a
Section 6. The Official Zoning Map of the City of Ithaca is hereby
amended to change the designation from R-2a, R-2b, R-3a, and R-3b to
CR-3 for the following tax parcels: 64.-2-7; 64.-2-8; 64.-2-9; 64.-2-
11; 64.-2-13; 64.-2-33; 64.-8-1; 64.-8-2; 64.-8-3; 64.-8-4; 64.-8-5;
64.-8-6; 64.-8-11; 64.-9-3; 64.-9-4; 64.-9-5; 64.-9-7; 64.-9-8; 64.-9-
9; 67.-2-3; 67.-2-4; 67.-3-2; 67.-3-3; 67.-3-23; 67.-3-24; 67.-3-25;
67.-3-26; 68.-5-14; 68.-5-15; 68.-5-16; 68.-5-17; 68.-5-18; 68.-5-19;
68.-6-1; 68.-6-16; 68.-6-17; 68.-6-18; 68.-6-19; and a portion of 67.-
2-5.
The boundaries of this amendment are shown on the map entitled
“Collegetown Area Form Districts - April 2013,” a copy of which shall
be on file in the City Clerk’s office.
Section 7. The Official Zoning Map of the City of Ithaca is hereby
amended to change the designation from R-1b, R-3a, and R-3b to CR-4
for the following tax parcels: 64.-2-2; 64.-2-4; 64.-2-5; 64.-2-6;
64.-2-14; 64.-2-15; 64.-2-17; 64.-2-18; 64.-2-19; 64.-2-20; 64.-2-22;
64.-9-1; 64.-9-2; 64.-9-6; 64.-9-10; 64.-10-7; 64.-10-8; 64.-10-9;
64.-10-10; 64.-10-11; 67.-1-4; 67.-1-5; 67.-1-7; 67.-1-8; 67.-2-1;
67.-2-2; 67.-2-12; 67.-2-13; 67.-2-14; 67.-2-15; 67.-2-16; 67.-2-17;
67.-2-18; 67.-3-1; 67.-3-29; 67.-3-30; 67.-3-31; 68.-4-3; 68.-4-9;
68.-4-10; 68.-4-11; 68.-4-12; 68.-4-13; 68.-4-14; 68.-4-15; 68.-5-2;
68.-5-3; 68.-5-4; 68.-5-5; 68.-5-6; 68.-5-7; 68.-5-8; 68.-5-9; 68.-6-
2; 68.-6-3; 68.-6-4; 68.-6-5; 68.-6-6; 68.-6-7; 68.-6-8; 68.-6-9; 68.-
6-10; 68.-6-11; 83.-4-2; and portions of 64.-10-13; 64.-10-15; 67.-1-
1; 67.-1-3; 67.-1-6; and 67.-1-12.
The boundaries of this amendment are shown on the map entitled
“Collegetown Area Form Districts - April 2013,” a copy of which shall
be on file in the City Clerk’s office.
Section 8. The Official Zoning Map of the City of Ithaca is hereby
amended to change the designation from R-3b to MU-1 for the following
tax parcels: 67.-1-9; 67.-1-10; 67.-1-11; 68.-5-10; 68.-5-11; 68.-5-
12; 68.-5-13; and portions of 67.-1-3; 67.-1-6; and 67.-1-12.
The boundaries of this amendment are shown on the map entitled
“Collegetown Area Form Districts - April 2013,” a copy of which shall
be on file in the City Clerk’s office.
Section 9. The Official Zoning Map of the City of Ithaca is hereby
amended to change the designation from R-3a, R-3b, U-1 and B-2b to MU-
2 for the following tax parcels: 63.-5-2; 63.-5-3; 63.-5-5; 63.-5-7;
63.-5-8; 63.-5-9; 63.-6-1; 63.-6-2; 63.-6-3; 63.-6-4; 63.-6-5; 63.-6-
8; 63.-6-14; 63.-6-17; 63.-6-19; 63.-6-20; 63.-6-21; 63.-6-23; 63.-6-
24; 63.-6-25; 63.-6-26; 64.-2-1; 64.-2-23; 64.-2-24; 64.-2-26; 64.-2-
27; 64.-2-28; 64.-2-29; 64.-2-30; 64.-2-31; 64.-2-32; 64.-10-1; 64.-
10-2; 64.-10-3; 64.-10-4; 64.-10-5; 64.-10-6; 64.-10-17.2; 64.-10-18;
Page 3 of 4
4/4/13
Item # 6 a
Page 4 of 4
64.-10-19; 64.-10-20; 64.-10-21; 68.-4-6; 68.-4-7; 68.-4-8; and
portions of 64.-10-13; 64.-10-15; and 67.-1-1.
The boundaries of this amendment are shown on the map entitled
“Collegetown Area Form Districts - April 2013,” a copy of which shall
be on file in the City Clerk’s office.
Section 10. All applicable sections within the Municipal Code of the
City of Ithaca shall be updated in accordance with the amendments made
herewith.
Section 11. Severability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of
this ordinance.
Section 12. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
NY State Plane, Central GRS 80 DatumMap Source: Tompkins County Digital Planimetric Map 1991-2012Data Source: City of Ithaca GIS Planning 2013Map Prepared by: Department of Planning, City of Ithaca, NY, April 4, 2013
OAK AVE
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CR-2
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CR-3
CR-3
CR-3
CR-3
CR-3CR-3 CR-3
CR-4
CR-4
CR-4
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MU-1MU-1
MU-2
MU-2
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0 500 1,000250 Feet
1:4,309±
Collegetown Area Form Districts - April 2013
Legend
CR-1
CR-2
CR-3
CR-4
MU-1
MU-2
No Change
Proposed Historic Designation
East Hill Historic District
Item # 6 a
CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
FEAF Components:
Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it assists in
a review of the analysis that takes place in Parts 2 and 3.
Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to
whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form
also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA IS FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS
Identify the Portions of FEAF completed for this action: _X_Part 1 _X_Part 2 _X_Part 3
Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that:
__A. The Proposed Action will not result in any large and important impact(s) and is one that will not have a significant
impact on the environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED.
__B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 have been required; therefore, A
CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. *
__C. The proposed action may result in one or more large and important impacts that may have a significant impact on the
environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED.
*A Conditioned Negative Declaration is only valid for Unlisted Actions
Name of Action: Establishment of the Collegetown Area Form Districts and Rezoning of Portions of the
R-1b, R-2a, R-2b, R-3a, R-3b, and B-2b Districts to Collegetown Residential (CR) and Mixed Use (MU)
Name of Lead Agency: City of Ithaca Common Council
Name and Title of Responsible Officer in Lead Agency: Mayor Svante Myrick
Signature of Responsible Officer in Lead Agency:
Signature of Preparer:
Date: April 4, 2013
Item # 6 a
2
FULL ENVIRONMENTAL ASSESSMENT FORM
PART 1—PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a
significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these
questions will be considered as part of the application for approval and may be subject to further verification
and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on
information currently available and will not involve new studies, research or investigation. If information
requiring such additional work is unavailable, so indicate and specify each instance.
Name of Action: Establishment of the Collegetown Area Form Districts and Rezoning of Portions of the R-1b,
R-2a, R-2b, R-3a, R-3b, and B-2b Districts to Collegetown Residential (CR) and Mixed Use (MU)
Location of Action: Collegetown area, City of Ithaca (see project description)
Name of Applicant/Sponsor: City of Ithaca
Address: 108 East Green Street
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone: (607) 274-6550
Name of Owner(If Different):
Address:
City/Town/Village: State: ZIP:
Business Phone:
Description of Action:
1. Establishment of the Collegetown Area Form Districts: Collegetown Residential (CR-1, CR-2, CR-3,
and CR-4) and Mixed Use (MU-1, MU-2) zoning districts.
2. Rezoning of portions of the R-1b and R-3a zoning districts to CR-1; rezoning of portions of the R-2a, R-
2b, and R-3a zoning districts to CR-2; rezoning of portions of the R-2a, R-2b, R-3a, and R-3b zoning
districts to CR-3; rezoning of portions of the R-1b, R-3a, and R-3b zoning districts to CR-4; rezoning of
portions of the R-3b zoning district to MU-1; and rezoning of portions of the U-1 and B-2b zoning
districts to MU-2.
Item # 6 a
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Please Complete Each Question--Indicate N/A if not applicable
A. SITE DESCRIPTION
(Physical setting of overall project, both developed and undeveloped areas.)
1. Present Land Use: X Urban Industrial X Commercial X Public Forest
Agricultural Other:
2. Total area of project area: ~ 40 Acres square feet (Chosen units apply to following section also)
Approximate Area (Units in question 2 apply to this section) Presently After Completion
2a. Meadow or Brushland (non-agricultural) 0 0
2b. Forested 0 0
2c. Agricultural 0 0
2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)] 0 0
2e. Water Surface Area 0 0
2f. Public Dryden Park 0.5 0.5
2g. Water Surface Area 0 0
2h. Unvegetated (rock, earth or fill) 0 0
2i. Roads, buildings and other paved surfaces (including yards) 39.5 39.5
2j. Other (indicate type) 0 0
3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): Hudson-Dunkirk; Howard-
Palmyra; Cazenovia-Ovid
3b. Soil Drainage: N/A Well Drained ______% of Site
Moderately Well Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes No X N/A
4b. What is depth of bedrock? N/A (feet)
4c. What is depth to the water table? N/A (feet)
5. Approximate percentage of proposed project site
with slopes:
0-10% 45 % 10-15% 40 %
15% or greater 15 %
6a. Is project substantially contiguous to, or does it
contain a building, site or district, listed on or
eligible for the National or State Register of
Historic Places?
X Yes No N/A Contiguous to East Hill
Historic District
6b. Or designated a local landmark or in a local
landmark district?
X Yes No N/A Grandview House (209
College Ave.); John Snaith House (140 College
Ave.); contiguous to East Hill Historic District
7. Do hunting or fishing opportunities presently
exist in the project area? Yes X No N/A If yes, identify each species:
Item # 6 a
4
SITE DESCRIPTION (Concluded)
8. Does project site contain any species of plant or
animal life that is identified as threatened or
endangered?
Yes X No N/A
According to:
Identify each Species:
9. Are there any unique or unusual landforms on the
project site? (i.e., cliffs, other geological
formations)
Yes X No N/A
Describe: The project site is located within 100 feet
of the Cascadilla Gorge.
10. Is the project site presently used by the
community or neighborhood as an open space or
recreation area?
X Yes No N/A
If yes, explain: Dryden Park
11. Does the present site offer or include scenic views
known to be important to the community? X Yes No N/A
Describe: long view over valley; views of distant
hills, Cascadilla Gorge
12. Is project within or contiguous to a site
designated a Unique Natural Area (UNA) or
critical environmental area by a local or state
agency?
X Yes No N/A
Describe: The project is contiguous to UNA-136
Cascadilla Gorge. There will be no physical change
to the UNA as a result of this action.
13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a
tributary: The project is contiguous to the
Cascadilla Gorge.
14. Lakes, ponds, wetland areas within or contiguous
to project area: N/A
a. Name:
b. Size (in acres):
15. Has the site been used for land disposal of solid
or hazardous wastes? Yes X No N/A
Describe:
16. Is the site served by existing public utilities?
a. If Yes, does sufficient capacity exist to allow
connection?
b. If Yes, will improvements be necessary to
allow connection?
X Yes No N/A
Yes No X N/A
Yes No X N/A
Item # 6 a
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B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
1a. Total contiguous area owned by project sponsor in acres: 40 or square feet:
1b. Project acreage developed: 40 Acres initially 40 Acres ultimately all developed; no change
1c. Project acreage to remain undeveloped: N/A
1d. Length of project in miles: (if appropriate) _______ N/A ____ or feet: _____________
1e. If project is an expansion, indicate percent of change proposed: N/A
1f. Number of off-street parking spaces existing: N/A proposed: _______ N/A ____
1g. Maximum vehicular trips generated (upon completion of project) per day: __N/A__ and per hour: N/A_
1h. Height of tallest proposed structure: No structures are proposed. The proposed zoning would allow
for construction of structures of up to 6 stories and 80 feet in some areas.
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? ___ N/A ____
2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site:
_______ N/A ____ or added to the site: ___________________________________
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site:
acres: _______ N/A ____ type of vegetation:_______________________________________________
4. Will any mature trees or other locally important vegetation be removed by this project? N/A
5. Are there any plans for re-vegetation to replace that removed during construction? N/A
6. If single phase project, anticipated period of construction N/A months, (including demolition)
7. If multi-phased project, anticipated period of construction____ N/A _____ months, (including demolition)
7a. Total number of phases anticipated: _______ N/A _____________________
7b. Anticipated date of commencement for first phase N/A month year, (including demolition)
7c. Approximate completion date of final phase N/A month N/A year.
7d. Is phase one financially dependent on subsequent phases? Yes No X N/A
8. Will blasting occur during construction? Yes No X N/A; if yes, explain:
9. Number of jobs generated: during construction____ 0 ______ after project is completed__ 0____
10. Number of jobs eliminated by this project: 0 Explain:
11. Will project require relocation of any projects or facilities? Yes X No N/A; if yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes X No N/A; if yes, explain:
12b. If #12a is yes, indicate type of waste (sewage, industrial, etc):
12c. If surface disposal, where specifically will effluent be discharged?
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes X No N/A; if yes, explain:
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood
Item # 6 a
6
plain? Yes X No N/A
14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet
Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply)
14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as
described in Article 24 Of the ECL? Yes X No N/A;
14d. If #14a, b or c is yes, explain: Part of the area proposed for re-zoning under this action is located
directly south of Cascadilla Creek. The action will not result in any physical change to Cascadilla
Gorge or Cascadilla Creek. Subsequent development proposals will be subject to their own
separate environmental review that will be no less protective of the environment.
15a. Does project involve disposal or solid waste? Yes X No N/A;
15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No N/A;
15c. If #15b is yes, give name of disposal facility: and its location:
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No X N/A; if yes, explain:
15e. Will any solid waste be disposed of on site? Yes No X N/A; if yes, explain:
16. Will project use herbicides or pesticides? Yes No X N/A; if yes, specify:
17. Will project affect a building or site listed on or eligible for the National or State Register of Historic
Places or a local landmark or in a landmark district? X Yes No N/A; if yes, explain: The area
proposed for re-zoning includes two designated local landmarks, the Grandview House (209
College Ave.) and the John Snaith House (140 College Ave.). The proposed zoning will not be
incompatible with these landmarks. Any new construction and exterior alterations on the same
tax parcel as an individually designated local landmark are subject to review and approval by the
Ithaca Landmarks Preservation Commission for compliance with Sections 228-5 (B) and (C) of the
Municipal Code.
18. Will project produce odors? Yes No X N/A; if yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No X N/A; After construction? Yes No X N/A
20. Will project result in an increase of energy use? Yes No X N/A; if yes, indicate type(s)
21. Total anticipated water usage per day: gals/day. N/A Source of water
Item # 6 a
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C. ZONING AND PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? X Yes No N/A; if yes,
indicate the decision required:
X Zoning Amendment Zoning Variance New/revision of master plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other:
2. What is the current zoning classification of site? R-1b; R-2a; R-2b; R-3a; R-3b; U-1; B-2b
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
• Currently, the area proposed to be re-zoned includes approximately 5.4 acres that are zoned R-1b.
R-1b allows for 25% lot coverage and 3 stories of building height. For these areas, the maximum
potential build out calculation is approximately 177,000 square feet of space. This maximum build
out calculation does not take into consideration requirements for front, side, and rear yard setbacks.
• Currently, the area proposed to be re-zoned includes approximately 4.5 acres that are zoned R-2a.
R-2a allows for 30% lot coverage and 3 stories of building height. For these areas, the maximum
potential build out calculation is approximately 177,000 square feet of space. This maximum build
out calculation does not take into consideration requirements for front, side, and rear yard setbacks.
• Currently, the area proposed to be re-zoned includes approximately 4.3 acres that are zoned R-2b.
R-2b allows for 35% lot coverage and 3 stories of building height. For these areas, the maximum
potential build out calculation is approximately 197,000 square feet of space. This maximum build
out calculation does not take into consideration requirements for front, side, and rear yard setbacks.
• Currently, the area proposed to be re-zoned includes approximately 9.4 acres that are zoned R-3a.
R-3a allows for 35% lot coverage and 4 stories of building height. For these areas, the maximum
potential build out calculation is approximately 571,000 square feet of space. This maximum build
out calculation does not take into consideration requirements for front, side, and rear yard setbacks
or required off-street parking.
• Currently, the area proposed to be re-zoned includes approximately 7.3 acres that are zoned R-3b.
R-3b allows for 40% lot coverage and 4 stories of building height. For these areas, the maximum
potential build out calculation is approximately 509,000 square feet of space. This maximum build
out calculation does not take into consideration requirements for front, side, and rear yard setbacks
or required off-street parking.
• Currently, the area proposed to be re-zoned includes approximately 0.1 acres that are zoned U-1.
U-1 allows for U-1 lot coverage and up to 175’ in building height, except that within 200’ of
residential districts, the maximum building height is limited to 15’ more than the maximum
building height of the adjacent residential district. In this particular case, the area zoned U-1 is
adjacent to an R-3b district and maximum building height is limited to 55’. The maximum
potential build out calculation is approximately 22,000 square feet of space. This assumes a
maximum of 6 stories.
• Currently, the area proposed to be re-zoned includes approximately 8.7 acres that are zoned B-2b.
B-2b allows for 100% lot coverage and 6 stories of building height. For these areas, the maximum
potential build out calculation is approximately 2.26 million square feet of space. This maximum
build out calculation does not take into consideration requirements for a 10’ rear yard setback or
required off-street parking.
Item # 6 a
8
Zoning
District
Square
Footage of
District to be
Rezoned
Acres of
District to
be
Rezoned
Maximum
Allowable
Height (in
feet)
Maximum
Allowable
Height (in
stories)
Maximum
% Lot
Coverage
Maximum
Potential
Square
Footage
R-1b 234,224 5.4 35 3 25% 175,668
R-2a 196,788 4.5 35 3 30% 177,109
R-2b 187,461 4.3 35 3 35% 196,834
R-3a 407,795 9.4 40 4 35% 570,913
R-3b 318,391 7.3 40 4 40% 509,426
U-1 3,665 0.1 55 6 100% 21,990
B-2b 376,839 8.7 60 6 100% 2,261,033
Maximum Build Out Potential 3,912,972
.
4. Is proposed use consistent with present zoning? Yes X No N/A The proposed action is a re-
zoning.
5. If #4 is no, indicate desired zoning:
• Rezoning from R-1b to CR-1 of the following parcels: 64.-6-1; 64.-6-2.2; 64.-6-3; 64.-7-2; 64.-7-
3; 64.-7-4; 64.-7-5; 64.-7-6; 65.-2-1; 65.-2-2; 65.-2-3; 65.-2-4; 65.-2-5; 67.-2-8; 67.-2-9; 67.-2-10;
67.-2-11; 67.-3-18; 67.-3-19; 67.-3-20; 67.-3-21; 67.-3-22; 83.-6-2; 84.-1-1; and a portion of 67.-2-
5.
• Rezoning from R-3a to CR-1 of the following parcel: 64.-7-1.
• Rezoning from R-2a to CR-2 of the following parcels: 64.-3-1; 64.-3-2; 64.-3-3; 64.-3-4; 64.-3-5;
64.-3-6; 64.-3-7; 64.-3-8; 64.-4-1; 64.-4-2; 64.-4-3; 64.-4-4; 64.-4-5; 64.-5-1; 64.-5-2; 64.-5-3; 64.-
5-4; 64.-8-7; 64.-8-8; and 65.-1-1.
• Rezoning from R-2b to CR-2 of the following parcels: 68.-6-12; 68.-6-13; 68.-6-14; 68.-6-15; 68.-
7-2; 68.-7-3; 68.-7-4; 68.-7-5; 68.-7-6; 68.-7-7; 68.-7-8; 68.-8-6; 68.-8-9; 83.-3-2; 83.-3-3; 83.-3-4;
83.-3-5; 83.-3-6.1; 83.-3-6.2; 83.-3-7; 83.-3-8; 83.-3-9; 83.-4-1; 83.-4-3; 83.-4-4; 83.-4-5; 83.-4-6;
83.-6-1; and 83.-6-3.
• Rezoning from R-3a to CR-2 of the following parcels: 64.-1-1; 64.-1-2; 64.-1-4; 64.-8-9; 64.-8-10;
65.-1-2; 65.-1-3; 65.-1-4; and 65.-1-5.
• Rezoning from R-2a to CR-3 of the following parcels: 64.-2-9; 64.-2-11; 64.-2-13; and 64.-8-6.
• Rezoning from R-2b to CR-3 of the following parcels: 67.-2-3; 67.-2-4; 67.-3-23; 67.-3-24; 67.-3-
25; 67.-3-26; and a portion of 67.-2-5.
• Rezoning from R-3a to CR-3 of the following parcels: 64.-2-7; 64.-2-8; 64.-2-33; 64.-8-1; 64.-8-2;
64.-8-3; 64.-8-4; 64.-8-5; 64.-8-11; 64.-9-3; 64.-9-4; 64.-9-5; 67.-3-2; 67.-3-3; 68.-5-14; 68.-5-15;
68.-5-16; 68.-5-17; 68.-5-18; 68.-5-19; 68.-6-1; 68.-6-16; 68.-6-17; 68.-6-18; and 68.-6-19.
• Rezoning from R-3b to CR-3 of the following parcels: 64.-9-7; 64.-9-8; and 64.-9-9.
• Rezoning from R-1b to CR-4 of the following parcels: 67.-2-1; 67.-2-2; 67.-2-12; 67.-2-13; 67.-2-
14; 67.-2-15; 67.-2-16; 67.-2-17; and 67.-2-18.
• Rezoning from R-3a to CR-4 of the following parcels: 64.-2-2; 64.-2-4; 64.-2-5; 64.-2-6; 64.-2-14;
64.-2-15; 64.-2-17; 64.-2-18; 64.-2-19; 64.-2-20; and 64.-2-22.
• Rezoning from R-3b to CR-4 of the following parcels: 64.-9-1; 64.-9-2; 64.-9-6; 64.-9-10; 64.-10-
7; 64.-10-8; 64.-10-9; 64.-10-10; 64.-10-11; 67.-1-4; 67.-1-5; 67.-1-7; 67.-1-8; 67.-3-1; 67.-3-29;
67.-3-30; 67.-3-31; 68.-4-3; 68.-4-9; 68.-4-10; 68.-4-11; 68.-4-12; 68.-4-13; 68.-4-14; 68.-4-15;
68.-5-2; 68.-5-3; 68.-5-4; 68.-5-5; 68.-5-6; 68.-5-7; 68.-5-8; 68.-5-9; 68.-6-2; 68.-6-3; 68.-6-4; 68.-
6-5; 68.-6-6; 68.-6-7; 68.-6-8; 68.-6-9; 68.-6-10; 68.-6-11; 83.-4-2; and portions of 64.-10-13; 64.-
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10-15; 67.-1-1; 67.-1-3; 67.-1-6; and 67.-1-12.
• Rezoning from R-3b to MU-1 of the following parcels: 67.-1-9; 67.-1-10; 67.-1-11; 68.-5-10; 68.-
5-11; 68.-5-12; 68.-5-13; and portions of 67.-1-3; 67.-1-6; and 67.-1-12.
• Rezoning from R-3a to MU-2 of the following parcels: 64.-2-23; 64.-2-24;
• Rezoning from R-3b to MU-2 of the following parcels: 64.-10-6; and a portion of 63.-6-17.
• Rezoning from U-1 to MU-2 of the following parcel: a portion of 64.-2-1.
• Rezoning from B-2b to MU-2 of the following parcels: 63.-5-2; 63.-5-3; 63.-5-5; 63.-5-7; 63.-5-8;
63.-5-9; 63.-6-1; 63.-6-2; 63.-6-3; 63.-6-4; 63.-6-5; 63.-6-8; 63.-6-14; 63.-6-19; 63.-6-20; 63.-6-21;
63.-6-23; 63.-6-24; 63.-6-25; 63.-6-26; 64.-2-26; 64.-2-27; 64.-2-28; 64.-2-29; 64.-2-30; 64.-2-31;
64.-2-32; 64.-10-1; 64.-10-2; 64.-10-3; 64.-10-4; 64.-10-5; 64.-10-17.2; 64.-10-18; 64.-10-19; 64.-
10-20; 64.-10-21; 68.-4-6; 68.-4-7; 68.-4-8; and portions of 63.-6-17; 64.-2-1; 64.-10-13; 64.-10-
15; and 67.-1-1.
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
• The areas proposed to be re-zoned CR-1 include approximately 3.2 acres. The proposed CR-1
district regulations would allow buildings of up to 3 stories and aximum lot coverage of 30%. This
could result in a maximum potential build out of approximately 124,500 square feet within this
district. This maximum build out calculation does not take into consideration requirements for
front, side, and rear yard setbacks.
• The areas proposed to be re-zoned CR-2 include approximately 9.3 acres. The proposed CR-2
district regulations would allow buildings of up to 3 stories and maximum lot coverage of 35%.
This could result in a maximum potential build out of approximately 424,000 square feet within
this district. This maximum build out calculation does not take into consideration requirements for
front, side, and rear yard setbacks.
• The areas proposed to be re-zoned CR-3 include approximately 6.5 acres. The proposed CR-3
district regulations would allow buildings of up to 3 stories and maximum lot coverage of 40%.
This could result in a maximum potential build out of approximately 337,000 square feet within
this district. This maximum build out calculation does not take into consideration requirements for
front, side, and rear yard setbacks or required off-street parking.
• The areas proposed to be re-zoned CR-4 include approximately 9.7 acres. The proposed CR-4
district regulations would allow buildings of up to 4 stories and maximum lot coverage of 50%.
This could result in a maximum potential build out of approximately 842,000 square feet within
this district. This maximum build out calculation does not take into consideration requirements for
front, side, and rear yard setbacks or required off-street parking.
• The areas proposed to be re-zoned MU-1 include approximately 1.4 acres. The proposed MU-1
district regulations would allow buildings of up to 5 stories and maximum lot coverage of 75%.
This could result in a maximum potential build out of approximately 228,000 square feet within
this district. This maximum build out calculation does not take into consideration requirements for
front, side, and rear yard setbacks.
• The areas proposed to be re-zoned MU-2 include approximately 9.2 acres. The proposed MU-2
district regulations would allow buildings of up to 6 stories and maximum lot coverage of 100%.
This could result in a maximum potential build out of approximately 2.4 million square feet within
this district. This maximum build out calculation does not take into consideration requirements for
a 10’ rear yard setback.
Item # 6 a
10
Proposed
Zoning
Districts
Square
Footage of
District to
be
Rezoned
Acres of
District to be
Rezoned
Maximum
Allowable
Height (in feet)
Maximum
Allowable Height
(in stories)
Maximum
% Lot
Coverage
Maximum
Potential
Square
Footage
CR-1 138,398 3.2 35 3 30% 124,558
CR-2 403,940 9.3 35 3 35% 424,137
CR-3 281,031 6.5 35 3 40% 337,238
CR-4 421,123 9.7 45 4 50% 842,246
MU-1 60,797 1.4 70 5 75% 227,989
MU-2 399,991 9.2 80 6 100% 2,399,943
Maximum Build Out Potential 4,356,110
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
X Yes No N/A; If no, explain: See “2009 Collegetown Urban Plan & Conceptual Design
Guidelines”
8. What is the dominant land use and zoning classification within a ¼ mile radius of the project?
(e.g. R-1a or R-1b) R-1a; R-1b; R-2a; R-2b; R-3a; R-3aal R-3b; P-1; U-1; B-2b; B-2d; CBD-60
9. Is the proposed action compatible with adjacent land uses? X Yes No N/A Explain:
10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A
10b. What is the minimum lot size proposed? N/A
11. Will the proposed action create a demand for any community-provided services? (recreation, education,
police, fire protection, etc.) ? Yes X No N/A Explain: The proposed action is a re-zoning.
Any new construction will undergo its own environmental review that will be no less protective of
the environment and will assess any impacts on community-provided services.
If yes, is existing capacity sufficient to handle projected demand? Yes No N/A
Explain:
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes X No N/A If yes, is the existing road network adequate to handle the additional traffic?
Yes No N/A Explain:
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D. APPROVALS
1. Approvals: Common Council Adoption
2a. Is any Federal permit required? Yes X No N/A; Specify:
2b. Does project involve State or Federal funding or financing? Yes X No N/A; If Yes, Specify:
2c. Local and Regional approvals:
Agency
Yes or No
Type of
Approval Required
Submittal
Date
Approval
Date
Common Council Yes Adoption
Board of Zoning Appeals (BZA) No
Planning & Development Board No
Ithaca Landmarks Preservation
Commission (ILPC)
No
Board of Public Works (BPW) No
Fire Department No
Police Department No
Building Commissioner No
Ithaca Urban Renewal Agency
(IURA)
No
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12
E. INFORMATIONAL DETAILS
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts
associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid
them.
F. VERIFICATION
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: City of Ithaca
Signature:
Title: Planner
***************** END OF PART 1 *****************
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City of Ithaca Long Environmental Assessment Form
PART 2 – PROJECT IMPACTS AND THEIR MAGNITUDES
Project Name: Establishment of the Collegetown Area Form Districts and Rezoning of Portions of the
R-1b, R-2a, R-2b, R-3a, R-3b, and B-2b Districts to Collegetown Residential (CR) and Mixed Use (MU)
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to project site?
Yes X No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of
length), or where the general slope in the project exceeds 10%. Yes No
Construction on land where the depth to the water table is less than 3 feet. Yes No
Construction of parking facility/area for 50 or more vehicles. Yes No
Construction on land where bedrock is exposed or generally within 3 feet
of existing ground surface. Yes No
Construction that will continue for more than 1 year or involve more than
one phase or stage. Yes No
Evacuation for mining purposes that would remove more than 1,000 tons
of natural material (i.e. rock or soil) per year. Yes No
Construction of any new sanitary landfill. Yes No
Construction in a designated floodway. Yes No
Other impacts: Yes No
2. Will there be an effect on any unique landforms found on the site? (i.e.
cliffs, gorges, geological formations, etc.)
Yes X No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Specific land forms: Yes No
IMPACT ON WATER
3. Will project affect any water body designated as protected? (Under
article 15 or 24 of the Environmental Conservation Law, E.C.L.)
Yes X No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by Project
Change?
Developable area of site contains a protected water body Yes No
Dredging more than 100 cubic yards of material from channel of a
protected stream. Yes No
Extension of utility distribution facilities through a protected water body. Yes No
Construction in a designated freshwater wetland. Yes No
Item # 6 a
14
Other impacts: Yes No
4. Will project affect any non-protected existing or new body of
water?
Yes X No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be Reduced
by Project Change?
A 10% increase or decrease in the surface area of any body of
water or more than a 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of a body of water that
exceeds 10,000 sq. ft. of surface area. Yes No
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek,
Cayuga Lake or the Cayuga Inlet? Yes No
Other impacts: Yes No
5. Will project affect surface or groundwater quality?
Yes X No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be Reduced
by Project Change?
Project will require a discharge permit. Yes No
Project requires use of a source of water that does not have
approval to serve proposed project. Yes No
Construction or operation causing any contamination of a public
water supply system. Yes No
Project will adversely affect groundwater. Yes No
Liquid effluent will be conveyed off the site to facilities which
presently do not exist or have inadequate capacity.
Yes No
Project requiring a facility that would use water in excess of
20,000 gallons per day or 500 gallons per minute.
Yes No
Project will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an obvious
visual contrast to natural conditions.
Yes No
Proposed Action will require the storage of petroleum or chemical
products greater than 1,100 gallons.
Yes No
Other impacts: Yes No
6. Will project alter drainage flow, drainage patterns or surface
water runoff?
Yes X No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by Project
Change?
Project would impede floodwater flows. Yes No
Project is likely to cause substantial erosion. Yes No
Project is incompatible with existing drainage patterns. Yes No
Other impacts: Other impacts: Yes No
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IMPACT ON AIR
7. Will project affect air quality?
Yes X No
Small to Moderate
Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
Project will induce 500 or more vehicle trips in any
8-hour period per day. Yes No
Project will result in the incineration of more than
2.5 tons of refuse per 24-hour day. Yes No
Project emission rate of all contaminants will exceed
5 lbs per hour or a heat source producing more than
10 million BTUs per hour.
Yes No
Other impacts: Yes No
IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered
species?
Yes X No
Small to Moderate
Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
Reduction of any species listed on the New York or
Federal list, using the site, found over, on, or near
site.
Yes No
Removal of any portion of a critical or significant
wildlife habitat. Yes No
Application of pesticide or herbicide more than
twice a year other than for agricultural purposes. Yes No
Other impacts: Yes No
9. Will proposed action substantially affect non-
threatened or non-endangered species?
Yes X No
Small to Moderate
Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
Proposed action would substantially interfere with
any resident or migratory fish or wildlife species. Yes No
Proposed action requires the removal or more than
1/2 acre of mature woods or other locally important
vegetation.
Yes No
Other impacts: Yes No
IMPACT ON AESTHETIC RESOURCE
10. Will the proposed action affect views, vistas or the
visual character of the neighborhood or community?
X Yes No See Part III
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced by Project
Change?
Item # 6 a
16
Proposed land uses, or proposed action components
obviously different from or in sharp contrast to current
surrounding land use patterns, whether man-made or
natural.
Yes No
Proposed land use, or proposed action components
visible to users of aesthetic resources which will
eliminate or significantly reduce their enjoyment of
aesthetic qualities of that resource.
Yes No
Proposed action will result in the elimination or major
screening of scenic views known to be important to
the area.
Yes No
Other impacts: Yes No
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
11. Will proposed action impact any site or structure
of historic, prehistoric or paleontological importance?
X Yes No See Part III
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced by Project
Change?
Proposed action occurring wholly or partially within
or contiguous to any facility or site listed on or eligible
for the National or State Register of Historic Places.
Yes No
Any impact to an archaeological site or fossil bed
located within the project site. Yes No
Proposed action occurring wholly or partially within
or contiguous to any site designated as a local
landmark or in a landmark district.
X Yes X No
Other impacts: X Yes X No
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IMPACT ON OPEN SPACE AND RECREATION
12. Will the proposed action affect the quantity or quality of
existing or future open spaces or recreational opportunities?
Yes X No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by Project
Change?
The permanent foreclosure of a future recreational opportunity. Yes No
A major reduction of an open space important to the
community. Yes No
Other impacts: Yes No
IMPACT ON UNIQUE NATURAL AREAS AND CRITICAL ENVIRONMENTAL AREAS
13. Will the proposed action impact the exceptional or unique
characteristics of a site designated as a unique natural area
(UNA) or a critical environmental area (CEA) by a local or
state agency?
Yes X No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced
by Project Change?
Proposed Action to locate within a UNA or CEA? Yes No
Proposed Action will result in a reduction in the quality of
the resource Yes No
Proposed Action will impact the use, function or enjoyment
of the resource Yes No
Other impacts: Yes X No
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing transportation
systems?
X Yes No See Part III
Small to
Moderate
Impact
Potential Large Impact Can Impact be Reduced by
Project Change?
Alteration of present patterns of movement of
people and/or goods. Yes No
Proposed action will result in major traffic
problems. Yes No
Other impacts: X Yes No
IMPACT ON ENERGY
15. Will proposed action affect the community's sources
of fuel or energy supply?
Yes X No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be Reduced by Project
Change?
Proposed action causing greater than 5% increase in any Yes No
Item # 6 a
18
form of energy used in municipality.
Proposed action requiring the creation or extension of an
energy transmission or supply system to serve more than
50 single or two family residences.
Yes No
Other impacts: Yes No
IMPACT ON NOISE AND ODORS
16. Will there be objectionable odors, noise, glare,
vibration or electrical disturbance during construction of or
after completion of this proposed action?
Yes X No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be Reduced by Project
Change?
Blasting within 1,500 feet of a hospital, school, or other
sensitive facility? Yes No
Odors will occur routinely (more than one hour per day) Yes No
Proposed action will produce operating noise exceeding
the local ambient noise levels for noise outside of
structure.
Yes No
Proposed action will remove natural barriers that would act
as a noise screen. Yes No
Other impacts: Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety?
Yes X No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be Reduced
by Project Change?
Proposed action will cause a risk of explosion or release of
hazardous substances (i.e. oil, pesticides, chemicals,
radiation, etc.) in the event of accident or upset conditions, or
there will be a chronic low-level discharge or emission.
Yes No
Proposed action may result in the burial of “hazardous
wastes” in any form (i.e. Toxic, poisonous, highly reactive,
radioactive, irritating, infectious, etc.)
Yes No
Proposed action may result in the excavation or other
disturbance within 2,000 feet of a site used for the disposal of
solid or hazardous wastes.
Yes No
Proposed action will result in the handling or disposal or
hazardous wastes (i.e. toxic, poisonous, highly reactive,
radioactive, irritating, infectious, etc., including wastes that
are solid, semi-solid, liquid or contain gases.)
Yes No
Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No
Use of any chemical for de-icing, soil stabilization or the
control of vegetation, insects or animal life on the premises of Yes No
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any residential, commercial or industrial property in excess of
30,000 square feet.
Other impacts: Yes No
IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character of the existing
community?
X Yes No See Part III
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be Reduced by
Project Change?
The population of the City in which the proposed action is
located is likely to grow by more than 5% of resident human
population.
Yes No
The municipal budgets for capital expenditures or operating
services will increase by more than 5% per year as a result of
this proposed action.
Yes No
Proposed action will conflict with officially adopted plans or
goals: Yes No
Proposed action will cause a change in the density of land
use. X Yes X No
The proposed action will replace or eliminate existing
facilities, structures, or areas of historic importance to the
community.
Yes No
Development will create a demand for additional community
services (e.g. schools, police, and fire, etc. Yes No
Proposed action will set an important precedent for future
actions. X Yes X No
Proposed action will relocate 15 or more employees in one or
more businesses. Yes No
Other impacts: Yes No
19. Is there public controversy concerning the proposed action?
Yes No TBD – See Part III
If any action in part 2 is identified as a potential large impact, or if you cannot determine the magnitude of
impact, proceed to part 3.
Item # 6 a
20
City of Ithaca
Full Environmental Assessment Form—Part III
Establishment of the Collegetown Area Form Districts and Rezoning of Portions of the R-1b, R-2a, R-
2b, R-3a, R-3b, and B-2b Districts to Collegetown Residential (CR) and Mixed Use (MU)
PROPOSED ACTION
The proposed Collegetown Area Form Districts is one of the key recommendations of the “2009 Collegetown
Urban Plan & Conceptual Design Guidelines,” endorsed by the Common Council on August 5, 2009. The
proposed zoning is a hybrid code in that it is a mix of a form-based code and traditional Euclidean zoning. It
includes regulation of physical form that is the focus of form-based codes but also includes regulation of use
and density found in traditional zoning. The adoption of the Collegetown Area Form Districts would
establish six new zoning districts and re-zone approximately 245 properties in the Collegetown area. The
principal goals of the proposed code are to: (1) encourage exceptional urban design and high-quality
construction; (2) regulate elements of building form to ensure a consistent transition between higher-density
and lower-density zoning districts; (3) concentrate additional development in the central areas of Collegetown
and protect the character of the established residential neighborhoods; (4) preserve and enhance green space
that is a vital ecological, recreational, and aesthetic component of the urban environment; and (5) promote
attractive, walkable neighborhoods that prioritize accommodation of alternate modes of transportation.
This action is the establishment of the Collegetown Area Form Districts: Collegetown Residential (CR-1,
CR-2, CR-3, and CR-4) and Mixed Use (MU-1, MU-2) zoning districts and the rezoning of the following
parcels:
• From R-1b to CR-1 of the following parcels: 64.-6-1; 64.-6-2.2; 64.-6-3; 64.-7-2; 64.-7-3; 64.-7-4;
64.-7-5; 64.-7-6; 65.-2-1; 65.-2-2; 65.-2-3; 65.-2-4; 65.-2-5; 67.-2-8; 67.-2-9; 67.-2-10; 67.-2-11;
67.-3-18; 67.-3-19; 67.-3-20; 67.-3-21; 67.-3-22; 83.-6-2; 84.-1-1; and a portion of 67.-2-5.
• From R-3a to CR-1 of the following parcel: 64.-7-1.
• From R-2a to CR-2 of the following parcels: 64.-3-1; 64.-3-2; 64.-3-3; 64.-3-4; 64.-3-5; 64.-3-6;
64.-3-7; 64.-3-8; 64.-4-1; 64.-4-2; 64.-4-3; 64.-4-4; 64.-4-5; 64.-5-1; 64.-5-2; 64.-5-3; 64.-5-4; 64.-
8-7; 64.-8-8; and 65.-1-1.
• From R-2b to CR-2 of the following parcels: 68.-6-12; 68.-6-13; 68.-6-14; 68.-6-15; 68.-7-2; 68.-
7-3; 68.-7-4; 68.-7-5; 68.-7-6; 68.-7-7; 68.-7-8; 68.-8-6; 68.-8-9; 83.-3-2; 83.-3-3; 83.-3-4; 83.-3-5;
83.-3-6.1; 83.-3-6.2; 83.-3-7; 83.-3-8; 83.-3-9; 83.-4-1; 83.-4-3; 83.-4-4; 83.-4-5; 83.-4-6; 83.-6-1;
and 83.-6-3.
• From R-3a to CR-2 of the following parcels: 64.-1-1; 64.-1-2; 64.-1-4; 64.-8-9; 64.-8-10; 65.-1-2;
65.-1-3; 65.-1-4; and 65.-1-5.
• From R-2a to CR-3 of the following parcels: 64.-2-9; 64.-2-11; 64.-2-13; and 64.-8-6.
• From R-2b to CR-3 of the following parcels: 67.-2-3; 67.-2-4; 67.-3-23; 67.-3-24; 67.-3-25; 67.-3-
26; and a portion of 67.-2-5.
• From R-3a to CR-3 of the following parcels: 64.-2-7; 64.-2-8; 64.-2-33; 64.-8-1; 64.-8-2; 64.-8-3;
64.-8-4; 64.-8-5; 64.-8-11; 64.-9-3; 64.-9-4; 64.-9-5; 67.-3-2; 67.-3-3; 68.-5-14; 68.-5-15; 68.-5-
16; 68.-5-17; 68.-5-18; 68.-5-19; 68.-6-1; 68.-6-16; 68.-6-17; 68.-6-18; and 68.-6-19.
• From R-3b to CR-3 of the following parcels: 64.-9-7; 64.-9-8; and 64.-9-9.
• From R-1b to CR-4 of the following parcels: 67.-2-1; 67.-2-2; 67.-2-12; 67.-2-13; 67.-2-14; 67.-2-
15; 67.-2-16; 67.-2-17; and 67.-2-18.
• From R-3a to CR-4 of the following parcels: 64.-2-2; 64.-2-4; 64.-2-5; 64.-2-6; 64.-2-14; 64.-2-
15; 64.-2-17; 64.-2-18; 64.-2-19; 64.-2-20; and 64.-2-22.
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• From R-3b to CR-4 of the following parcels: 64.-9-1; 64.-9-2; 64.-9-6; 64.-9-10; 64.-10-7; 64.-10-
8; 64.-10-9; 64.-10-10; 64.-10-11; 67.-1-4; 67.-1-5; 67.-1-7; 67.-1-8; 67.-3-1; 67.-3-29; 67.-3-30;
67.-3-31; 68.-4-3; 68.-4-9; 68.-4-10; 68.-4-11; 68.-4-12; 68.-4-13; 68.-4-14; 68.-4-15; 68.-5-2; 68.-
5-3; 68.-5-4; 68.-5-5; 68.-5-6; 68.-5-7; 68.-5-8; 68.-5-9; 68.-6-2; 68.-6-3; 68.-6-4; 68.-6-5; 68.-6-6;
68.-6-7; 68.-6-8; 68.-6-9; 68.-6-10; 68.-6-11; 83.-4-2; and portions of 64.-10-13; 64.-10-15; 67.-1-
1; 67.-1-3; 67.-1-6; and 67.-1-12.
• From R-3b to MU-1 of the following parcels: 67.-1-9; 67.-1-10; 67.-1-11; 68.-5-10; 68.-5-11; 68.-
5-12; 68.-5-13; and portions of 67.-1-3; 67.-1-6; and 67.-1-12.
• From R-3a to MU-2 of the following parcels: 64.-2-23; 64.-2-24;
• From R-3b to MU-2 of the following parcels: 64.-10-6; and a portion of 63.-6-17.
• From U-1 to MU-2 of the following parcel: a portion of 64.-2-1.
• From B-2b to MU-2 of the following parcels: 63.-5-2; 63.-5-3; 63.-5-5; 63.-5-7; 63.-5-8; 63.-5-9;
63.-6-1; 63.-6-2; 63.-6-3; 63.-6-4; 63.-6-5; 63.-6-8; 63.-6-14; 63.-6-19; 63.-6-20; 63.-6-21; 63.-6-
23; 63.-6-24; 63.-6-25; 63.-6-26; 64.-2-26; 64.-2-27; 64.-2-28; 64.-2-29; 64.-2-30; 64.-2-31; 64.-2-
32; 64.-10-1; 64.-10-2; 64.-10-3; 64.-10-4; 64.-10-5; 64.-10-17.2; 64.-10-18; 64.-10-19; 64.-10-20;
64.-10-21; 68.-4-6; 68.-4-7; 68.-4-8; and portions of 63.-6-17; 64.-2-1; 64.-10-13; 64.-10-15; and
67.-1-1.
ENVIRONMENTAL IMPACTS
Impact on Land – No Impact
There are no immediate impacts on land that are anticipated as a result of this re-zoning. The proposed
zoning will allow for taller buildings and buildings that cover a larger portion of the lot to be constructed in
some locations; however, there will be no immediate change in the built environment as a result of this action.
Any new construction will undergo a separate environmental review that will be no less protective of the
environment and will assess any impacts on land.
Impact on Water – No Impact
There are no impacts on water anticipated as a result of this action.
Impact on Air – No Impact
There are no impacts on air anticipated as a result of this action.
Impact on Plants and Animals – No Impact
There are no impacts on plants or animals anticipated as a result of this action.
Impact on Aesthetic Resources – Small to Moderate Impact
The proposed zoning would allow for taller structures and structures of greater lot coverage to be constructed
in certain areas of Collegetown. The largest change in maximum building height will be from 40’ (existing)
to 70’ (proposed) or 4 stories (existing) to 5 stories (proposed) in the proposed MU-1 district. This district
would also have the greatest change in lot coverage (from 40% to 75%). A maximum façade length of 75’ is
proposed in this district to break up buildings and allow light and views between structures.
The tallest permitted structures will be in the MU-2 district, where a maximum building height of 6 stories
and 80’ is proposed (currently 6 stories and 65’). While a potential increase of 15’ in overall building height
is possible, the district will remain at a maximum of 6 stories. No maximum façade length is proposed, but
the current built environment in this district does not include any breaks between structures. Additional form
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requirements help address viewshed concerns in the dense MU-2 district. An additional 5’-7’ setback along
Dryden Road will open the view through this corridor while achieving the primary objective of providing
additional space for wider sidewalks. Either (1) a 10’ chamfer or (2) a 5’ setback on corner lots within the
MU-2 district will provide additional light and air at busy intersections.
New construction is not expected to eliminate any scenic views that are significant to the community.
However, any new construction will have to undergo a full environmental review that will be no less
protective of the environment and will assess any impacts on views.
See also “Impact on Growth and Character of Community or Neighborhood”
Impact on Historic and Archaeological Resources – Small to Moderate Impact
The project includes the re-zoning of two designated local landmarks, the Grandview House (209 College
Avenue) and the John Snaith House (140 College Avenue). The proposed zoning will not be incompatible
with these landmarks. Regardless of the underlying zoning, all new construction and exterior alterations on
the same tax parcel as an individually designated local landmark are subject to review and approval by the
Ithaca Landmarks Preservation Commission for compliance with Sections 228-5 (B) and (C) of the Municipal
Code.
The project area is also contiguous to the East Hill Historic District, but there is no anticipated impact on the
historic district. Further studies of additional historic resources within the Collegetown Area Form Districts
are anticipated.
Impact on Open Space and Recreation – No Impact
There are no impacts on open space and recreation anticipated as a result of this action.
Impact on Unique Natural Areas and Critical Environmental Areas – No Impact
The project area is contiguous to UNA-136, Cascadilla Gorge, but there are no impacts on the Cascadilla
Gorge or any other unique natural area or critical environmental area anticipated as a result of this action.
Impact on Transportation – Small to Moderate Impact
The proposed zoning regulations include the elimination of minimum off-street parking requirements for
existing structures and new construction within the MU-1 and MU-2 districts. It is estimated that eliminating
minimum off-street parking requirements could immediately allow an additional 88 occupants to inhabit
existing structures within the proposed MU-1 and MU-2 districts (currently zoned R-3b and B-2b).
Additionally, any new construction in these districts would not be required to provide off-street parking;
however, a property owner may continue to provide it if he/she chooses to do so.
While off-street parking would not be required in the MU districts under the proposed zoning, it is anticipated
that alternate transportation modes will accommodate most travel needs. These districts are located in the
central area of Collegetown that is well-served by multiple TCAT routes and is convenient for pedestrian,
bicycle, and carshare travel. The City’s Dryden Road Parking Garage is also available for residents who
choose to bring a car and do not rent a parking space from a private property owner. Alternatively, remote
parking options are available at Cornell University’s A and B lots (which provide a TCAT pass) and the
City’s downtown parking garages (which offers a reduced fee).
The proposed zoning would result in approximately 440,000 square feet of additional development potential.
The majority of this development potential would be concentrated in the MU-1 and MU-2 districts. As noted
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above, these areas are well served by alternate modes of transportation and a public parking garage. It is not
anticipated that the additional development potential allowed under the proposed zoning will have significant
transportation impact. However, any new construction will have to undergo a full environmental review that
will be no less protective of the environment and will consider any impact on transportation.
Impact on Energy – No Impact
There are no impacts on energy anticipated as a result of this action.
Impact on Noise and Odors – No Impact
There are no impacts on noise and odors anticipated as a result of this action.
Impact on Public Health – No Impact
There are no impacts on public health anticipated as a result of this action.
Impact on Growth and Character of Community or Neighborhood – Small to Moderate Impact
Beginning in the mid-1980s, a rapid increase in the Collegetown population created a significant change in
the area’s visual character. This change has had some positive impacts on the character of Collegetown, by
creating an energetic, urban environment at the core, which is especially appealing to the student population.
However, the focus on housing for undergraduate students had its downside, complicating parking and multi-
modal circulation, increasing friction between the lifestyles of student renters and families in adjacent
residential neighborhoods, and an overall concern about the degradation of neighborhood character.
Construction slowed in 2000 with a change in parking regulations intended to increase the off-street parking
requirement for rental housing. In addition to slowing down development, the new regulation has resulted in
an urban form designed to accommodate the automobile, despite the fact that Collegetown has the highest
volume of pedestrian traffic in Tompkins County. By the mid-2000s, individuals and groups, both inside and
outside of City Hall concluded that there was a need to take a new look at Collegetown and its future growth
and improvement. The Collegetown Vision Statement was endorsed by the Common Council in 2007 and
was followed by a neighborhood plan for the area, the “2009 Collegetown Urban Plan & Conceptual Design
Guidelines.” The Collegetown Area Form Districts is a critical implementation measure of the 2009
Collegetown plan; the proposed zoning regulations are designed to accommodate the needs of all those who
live, work, and visit the Collegetown area while improving the urban environment.
If adopted, the Collegetown Area Form Districts will be the City’s first form-based code. The adoption of the
code will have the positive impact of improving the urban character of the Collegetown area. Additionally,
the Common Council endorsed conceptual design guidelines as part of the 2009 Collegetown plan, and the
City is moving forward with the preparation of design standards for the areas included in the Collegetown
Area Form Districts. The design standards will build upon the form-based code by providing clear, defined
specifications for design issues not covered in the new code, such as building materials, architectural design
details, and treatment of the building site. Together, the Collegetown Area Form Districts and the
Collegetown design standards would improve the urban environment, both aesthetically and functionally,
while providing property owners and residents with an understanding of how new construction would impact
their neighborhood.
The proposed zoning would result in approximately 440,000 square feet of additional development potential
within the Collegetown Area Form Districts. The majority of this development potential would be
concentrated in the MU-1 and MU-2 districts. In doing so, the proposed zoning achieves one of the key goals
of the “2009 Collegetown Urban Plan & Conceptual Design Guidelines” to concentrate additional growth and
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development in the central part of Collegetown and limit further expansion into the surrounding
neighborhoods. The adoption of the proposed zoning could cause the density of land use within the proposed
MU-1, MU-2, and, to a lesser degree, CR-4 districts to increase, but this increase would be in keeping with
the endorsed land use plan for the Collegetown area. Furthermore, the permitted increase in density in the
MU-1, MU-2, and CR-4 districts is intended to alleviate development pressure on the adjacent
neighborhoods.
Public controversy for this action has not yet been determined. Affected property owners will be notified of
the proposed action, and a public hearing will be held before the Common Council considers the proposed re-
zoning.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
TO: Planning & Economic Development Committee
FROM: Megan Wilson, Planner Item # 6 b
DATE: April 4, 2013
RE: Proposal to Amend §325-3B, Definitions and Word Usage, to Add a Definition of
“Green Space”
The purpose of this memo is to provide additional information on the proposed ordinance to
amend §325-3B, Definitions and Word Usage, of the City’s Zoning Code to add a definition of
green space. Green space is essential for a healthy and thriving community. Over time, the loss of
green space has had a negative cumulative impact on the city’s neighborhoods. While the City has
mechanisms to control factors such as off-street parking and lot coverage by buildings that
contribute to this loss, there are currently no requirements to provide or preserve green space. The
proposed Collegetown Area Form Districts include requirements for a minimum percentage of
green space to be provided on each property, and it may be desirable to consider similar
requirements in other zoning districts in the future. In order to adopt such requirements, the City
must define green space. The proposed ordinance would amend the City’s Zoning Code to add the
following definition:
Green space: a portion of a lot that is set aside for public or private use without any
construction or parking areas. The space may be used for passive or active
recreation, may be reserved to protect natural areas, or may serve as a buffer between
adjacent lots or uses. The area may be naturally occurring or landscaped. Where a
minimum green space requirement applies, at least 75% of the required area shall be
softscape including trees, shrubs, natural plantings, garden areas, lawns, and other
live vegetative coverings. The remaining area may include pedestrian amenities such
as sidewalks or patios. Required green space must be permanently maintained in a
healthy growing condition at all times.
Attached are the draft ordinance and short environmental assessment form for your review. Staff
will attend the April 10th Planning & Economic Development Committee meeting to discuss the
proposal and seek permission to circulate it for further comment. If you have any questions or
comments, please contact Megan Wilson at mwilson@cityofithaca.org.
4/3/13
Item # 6 b
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning” To Amend the Definitions and Word Usage
to Add a Definition of “Green Space”
WHEREAS, green space is a vital ecological, recreational, and
aesthetic component of the urban environment, and
WHEREAS, as the city continues to densify, it is essential to maintain
adequate green space to ensure the health, wellness, and quality of
life of the city’s residents, and
WHEREAS, the loss of green space has had a negative cumulative impact
on the city’s neighborhoods over time, and the City currently does not
have any requirements to provide green space, and
WHEREAS, the proposed Collegetown Area Form Districts include
requirements for a minimum percentage of green space to be provided on
each property, and this minimum green space requirement may be
considered in other zoning districts within the city in the future;
now, therefore,
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 of the Municipal Code of the City of Ithaca be
amended as follows:
Section 1. Chapter 325, Section 325-3B of the Municipal Code of the
City of Ithaca is hereby amended to read as follows:
GREEN SPACE – A portion of a lot that is set aside for
public or private use without any construction or parking
areas. The space may be used for passive or active
recreation, may be reserved to protect natural areas, or
may serve as a buffer between adjacent lots or uses. The
area may be naturally occurring or landscaped. Where a
minimum green space requirement applies, at least 75% of
the required area shall be softscape including trees,
shrubs, natural plantings, garden areas, lawns, and other
live vegetative coverings. The remaining area may include
pedestrian amenities such as sidewalks or patios. Required
green space must be permanently maintained in a healthy
growing condition at all times.
Section 2. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
Page 1 of 1
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
TO: Planning & Economic Development Committee
FROM: Megan Wilson, Planner Item # 6 c
Mike Niechwiadowicz, Deputy Building Commissioner
DATE: April 1, 2013
RE: Proposal to Amend §325-3B, Definitions and Word Usage, to Modify the Definition
of Building Height
The purpose of this memo is to provide additional information on the proposed ordinance to
amend §325-3B, Definitions and Word Usage, of the City’s Zoning Code to modify the definition of
building height. The proposed ordinance would amend the current definition of “height of
building” and would change the method used to measure a building’s height. Currently, building
height is measured from the average finished grade adjacent to the building to either a) the highest
point of a flat or mansard roof; or b) the average height of a pitched, gabled, hip, or gambrel roof.
This current definition is inconsistent with New York State Building Code. In addition, this method
of measuring building height is not conducive to sloping sites with a significant difference in grade
across the property. It also allows the site to be altered by mounding soil immediately adjacent to
the building in an effort to skew the height measurement. The result, in both cases, can be one or
more facades of a building that are significantly taller than desired.
To address these concerns, the proposed ordinance would change the point on grade from which
building height is measured. Building height would be measured from an established “grade plane.”
On level sites, the grade plane would still be defined as the average grade adjoining the building. On
sloping sites, the grade plane is defined as the lowest point between the building and a point 10 feet
from the building (or the building and the property line, if it is less than 10 feet away). Overall
building height would then be measured from the grade plan to either a) the highest point of a flat
or mansard roof; or b) the average height of a pitched, gabled, hip, or gambrel roof.
Attached is a draft of the proposed ordinance for your review. Staff will attend the April 10th
Planning & Economic Development Committee meeting to discuss the proposal and seek
permission to circulate it for further comment. If you have any questions or comments prior to the
meeting, please feel free to contact Mike Niechwiadowicz at miken@cityofithaca.org or Megan
Wilson at mwilson@cityofithaca.org.
3/8/13
Item # 6 c
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning” To Amend the Definitions and Word Usage
WHEREAS, the City’s current definition of “height of building” is
inconsistent with New York State Building Code, and
WHEREAS, the current definition does not adequately address building
height on sloping sites or the mounding of soil adjacent to the
structure and can allow one or more facades of a building to be
significantly taller than desired, and
WHEREAS, amending the City’s definition of “height of building” will
provide consistency with New York State Building Code while providing
a more effective method for measuring building height on all sites
within the city; now, therefore,
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 of the Municipal Code of the City of Ithaca be
amended as follows:
Section 1. Chapter 325, Section 325-3B of the Municipal Code of the
City of Ithaca is hereby amended to read as follows:
GRADE PLANE - A reference plane representing the average of
finished ground level on each side of the building at
exterior walls. On the sides of the building where grade
is level, the measurement will be taken at a point
adjoining the building. Where the finished ground level
slopes away from the exterior walls, the measurement shall
be taken at the lowest point within the area between the
building and the lot line or, where the lot line is more
than 10 feet from the building, between the building and a
point 10 feet from the building.
HEIGHT OF BUILDING - The vertical distance measured from
the average finished grade grade plane to the highest level
of a flat or mansard roof or to the average height of a
pitched, gabled, hip or gambrel roof, excluding bulkheads,
housing for mechanical equipment, towers and similar
constructions not intended for human occupancy or necessary
equipment carried above roof level. Where a building
contains sections of a roof of varying heights, the height
of that building shall be measured using that section of
the roof that has the highest elevation from the average
finished grade level grade plane. See the definition for
determining grade plane. The average finished grade level
shall be determined from data established by the average
elevation of the finished grade adjoining the exterior
walls of the building.
Page 1 of 2
3/8/13
Item # 6 c
Page 2 of 2
Section 2. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850‐6590
COMMON COUNCIL
Telephone: 607/274‐6570 Fax: 607/272‐7348
Item # 6 d
To: Planning and Economic Development Committee
From: Graham Kerslick, 4th Ward Alderperson
Date: March 29, 2013
Re: Proposed Amendment to City of Ithaca Code Chapter 258 - Rental Housing
What’s the problem?
We are seeing an increasing number of complaints from students, and other rental tenants, that they are
facing unreasonable pressure to sign leases earlier and earlier each year. In many cases renters are
signing leases 12 months before the lease actually starts. Tenants are also experiencing pressure from
landlords to renew existing leases almost as soon as they move into rental units.
Some landlords claim they are simply responding to demands from prospective renters to show properties
earlier each year. Others suggest that these demands can be counterproductive, leading to ill formed
decisions, which can lead to tenants attempting to get out of leases early.
Many groups including the Cornell Collegetown Student Council and the City’s Rental Housing Advisory
Commission have discussed this issue in recent months. The Commission has suggested that a proposal
be developed to provide tenants and landlords with a period of time before leases are renewed or rental
apartments are shown for the next renting period.
An important factor contributing to this problem is high demand for rental housing. According to data from
the 2010 Census 74% of Ithaca’s housing units is renter occupied. The vacancy rate for this rental
housing market is very low (2.4% for the City, 6.8% average for NYS), and in some neighborhoods the
vacancy rate is even lower. While in the long term increased development will alleviate this problem it is
unlikely to resolve the problem, especially in high demand areas, such as Collegetown and South Hill.
What is being proposed?
Landlords will be required to provide a minimum of 60 days written notice before (i) renewing current
lease, (ii) showing property to prospective new tenants or (iii) signing a lease with new tenants. This
notice can be given at any time during the lease period, beginning at the start date of the lease.
This period of notice will not be required if landlord and tenant mutually agree, in writing, that they waive
this requirement. This may happen, for example, when tenants know in advance of signing a rental
agreement that they are not interested in renewing a lease.
What is the intent?
The intent of the proposal is to provide tenants and landlords with an opportunity to make better-informed
decisions regarding rental agreements. The proposed notification to tenants is intended to provide
“breathing space” to both renters and landlords. Renters will have the opportunity to experience their
actual living situation before making longer-term lease commitments. Landlords will have the chance to
learn more about current tenants and will also be able to advise prospective tenants regarding requests to
view apartments and sign leases.
While the proposal requires landlords to provide the notification it is also intended to provide a clear
message to prospective renters that they should not press landlords to show apartments in an untimely
manner.
Will this resolve the problem?
The proposed notification period will help renters and landlords make better-informed decisions before
signing rental agreements. When combined with increased information about rental housing and future
development it will reduce the pressure being experienced in the rental housing market.
Improving access to information and the exchange of information about the rental housing market will
also help alleviate this problem. The Rental Housing Advisory Commission, student organizations, off-
campus housing offices and other groups need to play a significant role in this effort.
In the longer term increased development of well-designed, well-built rental housing will also help reduce
pressures in the rental housing market.
Item # 6 d
Chapter 258. RENTAL HOUSING
[HISTORY: Adopted by the Common Council of the City of Ithaca 10‐7‐1992 by
Ord. No. 92‐12. (Section III of this ordinance provided that it shall apply only to rental
greements entered into or renewed on or after November 1, 1992.) Amendments noted a
where applicable.]
ENERAL REFERENCES
. 100. Fair housing — See Ch. 215, Art. I.
G
Rental Housing Advisory Commission — See Ch
§ 258‐1. Findings of fact; statement of purpose.
A. The City of Ithaca has a significant tenant population.
B. Equitable landlord‐tenant relations are a matter of public welfare.
. Prompt, reasonable return of security deposits is an important factor in tenants being C
able to obtain subsequent housing.
. The issue of return of security deposits is a source of potential conflict between
s which may result in a burdensome effect on the court system.
D
landlords and tenant
§ 258‐2. Definitions.
is chapter, the following terms shall have the meanings indicated:
As used in th
LANDLORD
The person who has the right to exclusive possession of certain premises and who, for
consideration under a rental agreement, agrees to relinquish that right to another
emporarily, retaining a right of reversion of the premises upon termination of such t
agreement.
NORMAL WEAR AND TEAR
The deterioration which occurs, based on the use for which the residential unit is intended,
without negligence, carelessness, accident or abuse of the premises or equipment or
chattels by the tenants or members of his/her household or their invitee or guests. The
term "normal wear‐and‐tear" does not include sums or labor expended by the landlord in
removing from such residential unit articles abandoned by the tenant such as trash. If a
rental unit was leased to a tenant in a habitable condition or if it was put in a habitable
condition by the landlord during the term of the tenancy, "normal wear‐and‐tear" does not
include sums required to be expended by the landlord to return the rental unit to a
habitable condition, unless expenditure of those sums was necessitated by action of the
andlord, events beyond the control of the tenant or actions of someone other than the
is/her household or their invitee or guests.
l
tenant or members of h
RENTAL AGREEMENT
Item # 6 d
A written or oral agreement embodying and fixing the terms and conditions for the transfer
f possession and the use and occupancy of premises, whether or not for a definite period o
of time.
RESIDENTIAL UNIT
ny premises which are used for residential purposes under the terms of a rental A
agreement.
SECURITY DEPOSIT
he total of all payments and deposits given by a tenant to the landlord as security for the
nce of the tenant's obligations.
T
performa
TENANT
A person entitled to exclusive possession and occupancy of a residential unit and the right
of use of the appropriate appurtenances as provided in a rental agreement, including any
ther person 18 years of age or over who shares such unit with the knowledge and consent o
of the landlord.
§ 258‐3. Renewal of rental agreements; notification to tenants.
andlord shall provide a minimum of 60 days written notice to current tenants of a
esin g:
L
r
de tial unit before doing any of the followin
a)renewing the current rental agreement
ants b)showing the residential unit to prospective new ten
c) entering into a rental agreement with new tenants
Such written notice may be provided at any time during the rental agreement period, from
he effective start date onwards. This provision of notice shall not apply under any of the
olloi
t
f
wng conditions:
1)The current rental agreement period is less than nine months.
iled and
s.
2)A summons and complaint to recover possession of the premises has been f
served on the current tenant in accordance with all applicable laws and rule
d tenant mutually agree, in writing, to waive the notice period. 3) Landlord an
§ 258‐4. Penalties.
Any landlord or agent who violates any provision of §258‐3 shall be liable for a civil penalty
f up to $500. Factors to be considered when assessing the fine would include the number o
of tenants, number of units on the property etc.
§ 258‐35. Ownership of security deposit; trust provisions.
Whenever a tenant shall deposit with the landlord a security deposit, such deposit, or any
portion thereof, until repaid or rightfully applied for obligations of the tenant to the
landlord, shall continue to be the money of the tenant and shall be held in trust by the
Item # 6 d
landlord with whom such deposit shall be made and shall not be mingled with the personal
e landlord. moneys or become an asset of th
§ 258‐46. Notification to tenant.
Whenever a tenant shall provide to the landlord a security deposit, the landlord shall
provide to the tenant a written receipt for the security deposit and shall further
inform the tenant, in writing, of the location where the deposit is held; if the deposit is
being held in a banking organization, the name and address of the banking organization in
hich the security deposit is being held; and a statement as to whether or not the deposit is w
being held in an interest‐bearing account.
§ 258‐57. Obligation of tenant to clean premises.
he tenant shall have the obligation of placing the residential unit in an overall clean
g normal wear and tear.
T
condition as it was when the tenancy commenced, exceptin
§ 258‐68. Return of security deposit by landlord to tenant.
A. Within 30 days after the termination of tenancy or the surrender of the premises,
whichever occurs later, the landlord shall return to the tenant the full security deposit
deposited with the landlord by the tenant or, if there is actual cause for retaining the
security deposit or any portion of it, the landlord shall provide to the tenant a written
statement specifying the reasons for such retention, including a good‐faith estimate of the
cost for each item of damage. The written statement specifying the reasons for the
retention of any portion of the security deposit shall be accompanied by a full payment of
the difference between the security deposit and the amount retained. Nothing contained in
this section shall preclude the landlord from retaining all or a portion of the security
deposit to cover the costs of storing and/or disposing of unclaimed property, for
onpayment of rent and for nonpayment of utility charges which the tenant was required n
to pay directly to the landlord.
B. If there is a provision in a rental agreement that a tenant is responsible to reimburse or
apply from a security deposit any amounts due from tickets written pursuant to Chapter
178 of this Code for the property or residential unit being rented, it shall be the landlord's
responsibility to give the tenant notice of that ticket in a timely fashion as a condition to
enforce that provision, and in order to help the tenant correct and prevent the condition for
which the ticket was issued. Timely notice shall be no later than three weeks from the date
the ticket is sent from the court to the landlord. Failure to provide such notice shall serve as
eposit for any ticket for
Editor’s Note: This
the landlord's waiver of reimbursement or application of security d
hich notice was not given. [Added 10‐3‐2012 by Ord. No. 2012‐10w
ordinance also redesignated former Subsection B as Subsection C. ]
C. Nothing in this section shall be construed to imply other than it is the landlord's
responsibility to return the tenant's security deposit or balance as soon as reasonably
possible.
Item # 6 d
§ 258‐79. Wrongful retention of security deposit.
In the event that the landlord willfully and without good cause fails to return all or a
portion of the security deposit, a court may award to the tenant up to triple the amount of
that portion of the security deposit wrongfully withheld from the tenant, together with
reasonable attorney's fees and court costs. In determining whether to award such treble
damages and/or attorney's fees, the court may consider the past practices of the landlord
regarding return of other security deposits. Treble damages and/or attorney's fees shall
not be awarded pursuant to this section where a
landlord has made a good‐faith effort to estimate the amounts which properly should be
withheld from the security deposit and has returned to the tenant the balance of the
security deposit in a timely manner. Should the landlord, within the aforesaid thirty‐day
period, fail to return the entire security deposit or fail to provide the aforesaid written
statement specifying the reasons for the retention of all or a portion of the security deposit,
accompanied by full payment of the difference between the security deposit and the
mount retained, it shall be presumed that the landlord is willfully and without good cause
t.
a
retaining the security deposi
§ 258‐810. Burden of proof.
In any court action brought by a tenant for the return of the security deposit, the landlord
hall bear the burden of proving that the withholding of the security deposit or any portion s
of it was justified.
§ 258‐911. Waiver of provisions void.
Any attempted waiver of the terms of this chapter by a landlord or tenant, by contract or
therwise, shall be deemed to be against public policy and shall be considered void and
nenforceable
o
u
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING & DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
Information for the Elimination of Minimum Parking Requirements Discussion
Memorandum
Item # 7 a
To: Planning Committee Members
From: Phyllis Radke, Director of Zoning Administration
Date: March 28, 2013 – Revised April 5, 2013
Re: Potential for Increased Occupancy in R3 Zones with the Elimination of Minimum Parking
Requirements
In recent months, there has been considerable discussion among elected officials, residents, and city staff
about how best to deal with the proposal to eliminate minimum parking requirements in the City. Of greatest
concern should this move forward, is that occupancy in multiple dwellings (a building with three or more
dwelling units, fraternities and sororities) could increase significantly.
In January of 2013, I compiled a list of properties in the Collegetown Parking Overlay Zone (CPOZ) that are
deficient with respect to parking. This list showed that 338 buildings could increase occupancy if minimum
parking requirements are eliminated. The CPOZ has buildings that are in the B-2b, B2-d, R-3, R-2, and R-1
zones.
When a property no longer meets district regulations because of changes to zoning, the City of Ithaca Zoning
Ordinance Section 325-30 states that the affected property “. . . may be continued as a legal nonconforming
use. . . ”. However, a non-conforming property that is specifically deficient in parking and/or lot area cannot
increase in size or occupancy without a variance from the Board of Zoning Appeals (BZA). Furthermore, the
deficient parking effectively limits the total occupancy that could be allowed in the building
The number of occupants in a building is a function of how much habitable space is in each dwelling unit, as
determined by Ithaca’s Housing Ordinance. A multiple dwelling can have as many occupants as permitted by
the amount of habitable space in each dwelling unit and by the number of parking spaces required by zoning.
Therefore, if parking minimums are eliminated, buildings with additional habitable space will be able to
increase occupancy limited only by specifications in the Housing Ordinance.
The concern over increased occupancy is directly related to inadequate life safety measures in older buildings.
Currently, the building code does not require any increase in life safety systems with increased occupancy.
Many buildings have been converted from single-family homes to multiple dwellings prior to 1984 and are
regulated by the Multiple Residence Law (MRL). This was in effect from 1952 to 1984 in the City of Ithaca. All
buildings are regulated by the building code in effect when the building was erected, substantially changed, or
converted; our State Building Code is not retroactive. Though the MRL was a groundbreaking law when it was
written, the MRL has few life safety requirements. As previously stated, an increase in the occupancy of a
building regulated by the MRL does not require an upgrade to life safety requirements in the building.
2
Unlike the R-1 and R-2 zones, multiple dwellings are a permitted use in R-3 zones. I recently looked at the
number of buildings in all R3 zones that could increase the number of occupants if minimum parking
requirements are eliminated. The finding was there can be approximately 2,077 additional occupants allowed
in existing buildings if minimum parking requirements are removed. The number 2,077 represents the number
of people that may be added to these residential buildings because they have sufficient habitable space to add
more occupants.
There are five areas in the City that include R-3 zoning districts. The specific locations and total number of
additional occupants are listed below. (Also, see the attached zoning map that shows the five areas by color).
• R3 Zone in the CPOZ - approximately 624 additional people. (Shown as violet-lines on the attached
zoning map.)
• “Greater Collegetown” - approximately 467 additional people. (Shown as orange-lines on the
attached zoning map.)
• “The Flats” – approximately 732 additional people. (Shown as blue-lines on the attached zoning
map.)
• “Upper South Hill” – approximately 24 additional people. (Shown as green-lines on the attached
zoning map.)
• “West End” - approximately 230 additional people. (Shown as red-lines on the attached zoning
map.)
The US Census reports that 64% of the housing stock in Ithaca was built prior to 1950 when parking
requirements were first established under the Ithaca Zoning Ordinance. However, prior to 2003, building
codes did not require sprinklers in most residential buildings and according to the US Census data, 98% of
residential buildings in Ithaca were built prior to 2000. If minimum parking requirements are eliminated, all of
these existing buildings will be able to add occupants without enhancing life safety systems.
One solution worthy of consideration is to allow an owner of an existing multiple dwelling, deficient in parking,
to increase occupancy (to the maximum allowed under the Housing Ordinance), if they add a sprinkler system.
According to the Attorney’s Office, to require a sprinkler system in these buildings, the City would need to
adopt a sprinkler ordinance, which would require permission from New York State’s Code Council. New York
State has a uniform code. Therefore, if any municipality wants to add more stringent requirements to the
State Building Code it must first obtain permission from New York State.
Additionally, the elimination of parking minimums could be applied only to new buildings and major
additions/upgrades to existing buildings, requiring existing buildings to comply with existing parking
requirements regardless of whether a sprinkler ordinance is adopted in the City of Ithaca. Without the option
of adding a sprinkler system, a property owner could still increase occupancy if they are granted a variance
from the Board of Zoning Appeals.
It is my recommendation that minimum parking requirements citywide (and at a minimum in all R3 zones) be
limited to new buildings and major additions to existing buildings. Existing buildings must comply with current
parking requirements. Subsequently, the City may want to consider adopting a sprinkler ordinance that would
eliminate parking requirements for existing buildings if sprinkler systems are installed and allowing property
owners a safe means of increasing occupancy in buildings regulated by the Multiple Residence Law.
Item # 8 a
City of Ithaca
Planning & Economic Development Committee
Wednesday, March 14, 2012 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Jennifer Dotson, Chair; Seph Murtagh, Graham
Kerslick, Ellen McCollister, and Eddie Rooker
Committee Members Absent: Mayor Svante Myrick
Other Elected Officials Attending: None
Staff Attending: JoAnn Cornish, Director, Department of
Planning and Development; Dennise
Belmaker, Energy Sustainability Manager,
Department of Planning and Development;
Tom West, City of Ithaca Engineering Office;
Nels Bohn, Director, Ithaca Urban Renewal
Agency; Debbie Grunder, Executive Assistant,
Department of Planning and Development
Others Attending: Alderpersons Cynthia Brock and J.R. Clairborne
Chair Jennifer Dotson called the meeting to order at 6:10 p.m.
A. Agenda Review
The order of the agenda was changed to be:
CHI Resolution of Support
Surplus Property
Parking Ordinance
MH-1 Zone
Energy Action Plan
B. Special Order of Business
There was no special order of business.
C. Public Comment and Response from Committee Members
Item # 8 a
John Schroeder, 618 Stewart Avenue, spoke on the parking ordinance. He
serves on the ordinance committee and explained the suggested changes and
the difficulty that the Planning Development Board has in making decisions
brought to the board without the changes to this ordinance,
Dan Hoffman, 415 Elm Street, also worked on the parking ordinance and agrees
with Schroeder’s comments. Inconsistencies need to be addressed throughout
in order for the ordinance to stand.
He further talked about the surplus property. He is concerned that there isn’t
really any procedure in place. In light of the City working diligently on a new
comprehensive plan, this topic should be considered and stated in this plan.
D. Announcements, Updates and Reports
a. TIGER IV Application
No further information was discussed since the special common council meeting was
held prior to this meeting and it passed unanimously.
b. Commons Update – recent public meetings
JoAnn Cornish updated the group on the public meetings that were recently held. Three
meetings were held in all. All were very well attended except for the Saturday meeting.
It was decided due to the nice weather and it being a weekend event caused the low
attendance.
c. Intermunicipal Planning Update
No update on this as this topic was fully explained in the special common council
meeting held prior to this meeting.
E. Action Items
1. Support for Downtown Combined Heat and Power/District Heating Feasibility Study
Energize Ithaca, a company consisting of four members, presented the study to the group.
The City has been approached for support, not financial, but just support of the project.
JoAnn Cornish further stated that this is a utility. Owners will be purchasing this utility as
an alternative to other types of power. She further stated that it comes at an opportune
time since the Commons redevelopment is underway.
Alderperson Brock asked where the excess heat goes if we have a mild winter or a long,
hot summer.
A member of Energize Ithaca stated that these are questions that still need to be studied.
Alderperson Brock further stated that gas was much cheaper in price when Cornell set
their plan up. Given the economic concerns at this time, is it the best time to do this?
The passing of this resolution does not support the providing any money.
JoAnn Cornish asked what amount of staff time would be expected for this study. The
majority of the work will be providing current utility bills.
Alderperson McCollister asked whether the Ithaca Downtown Alliance (IDA) is on board
with this. IDA is on board with this.
Energize Ithaca stated that they are and in fact 750,000 square feet has been made
available from the downtown businesses. Energize Ithaca was only asking for 500,000.
The projected time line is six months. They were hoping that the redevelopment of the
Commons and this energy feasibility study would run concurrently.
Item # 8 a
Resolution Supporting Feasibility Study of a Downtown Combined Heat and
Power/District Energy Utility Solution
Moved by Alderperson Murtagh; seconded by Alderperson McCollister. Passed unanimously 5-0.
Whereas, the City of Ithaca supports the study for facilitation and implementation of a downtown
Combined Heat and Power (CHP)/District Energy Utility solution to provide electricity and heat to
downtown building owners, their tenants, and to municipal buildings and to provide hydronically-heated
sidewalks to the Commons and select portions of downtown Ithaca, New York;
Whereas, the City of Ithaca believes that a downtown Combined Heat and Power (CHP)/District Energy
Utility solution would qualify the Ithaca Downtown Commons Redesign project for additional federal
funding to implement the Downtown Commons Redesign project as proposed by Sasaki;
Whereas, the City of Ithaca is committed to implementing renewable and sustainable energy solutions
and reducing the City of Ithaca’s carbon footprint;
Whereas, the City of Ithaca, having committed itself to meet or exceed the Kyoto Protocol targets for
reducing global warming pollution by taking action locally and having committed itself to reducing
greenhouse gas emissions for government operations to levels 20% below 2001 levels by the year 2016;
Whereas, Energize Ithaca, LLC proposes to conduct a feasibility study funded by a combination of federal
and private money to determine the feasibility of a downtown Combined Heat and Power (CHP)/District
Energy Utility solution, and has requested the cooperation and non-financial support of the City of Ithaca;
now therefore, be it
RESOLVED, that the City of Ithaca strongly supports completion of a study to determine feasibility of a
Combined Heat and Power(CHP)/District Energy Utility solution for downtown Ithaca.
2. Energy Action Plan (formerly named ‘Local Action Plan’) – Recommendations and
Resolution
JoAnn Cornish stated that this plan would also be given to the consultants to add to
the comprehensive plan.
This item will come back to this committee next month since the report was just
distributed to council, department heads, and senior staff. Time needs to be given for
a thorough review and comment period. Mayor Myrick will be requesting that all
council members, department heads, and senior staff review this report and provide
comments in order to go forward and initiate the recommendations. Dennise Belmaker
suggests that comments come directly to her.
3. Parking Ordinance Resolution – Approval to Circulate
Alderperson McCollister asked about parking in grandfathered areas. Does this
ordinance get to the issue of paving over back yards?
Chair Dotson stated this does set a cap of what and how many parking spaces will be
allowed.
Per JoAnn Cornish, grandfathered areas cannot add to their current parking spaces.
Members of the committee consisted of John Schroeder, Dan Hoffman, Phyllis Radke
(building), Jennifer Dotson, JoAnn Cornish, and Jennifer Kusznir.
Item # 8 a
A motion was moved by Alderperson McCollister; seconded by Alderperson Kerslick.
Motion Passed Unanimously 5-0.
ORDINANCE NO. ___
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is
hereby amended as follows:
Section 1. Chapter 325, Section 325-2, entitled “Statutory authority and
purpose,” is hereby amended to read as follows:
325-2. Statutory Authority and Purpose.
This chapter is enacted pursuant to the
authority and provisions of the General City
Law to promote public health, safety and
welfare and the most desirable use of land
and to conserve the value of buildings and
enhance the value and appearance of land
throughout the City. Each article and
section in this chapter is intended to
operate and be interpreted in the context of
the chapter as a whole, and in relation to
other applicable articles and sections
(including the definitions in §325-3, the
District Regulations Chart, and the special,
overriding limitations that are placed upon
non-conforming uses and structures by Article
III), rather than separately or
independently.
Section 2. Chapter 325, Section 325-3, entitled “Definitions and Word Usage,”
is hereby amended to change the definition of “Structure,” to read as
follows:
325-3. Definitions and Word Usage.
STRUCTURE – Anything that is constructed or erected on the
ground or upon another structure or building. Structure
includes constructed parking spaces, parking areas, and
buildings.
Section 3. Chapter 325, Section 325-8, entitled “District Regulations Chart”
is hereby amended by adding the following:
(10)For special conditions on development of property in R-3 that
directly abuts R-1, See section 325-9B(2)
(11)See Section 325-8A(15) for applicability of minimum height
regulations.
(12)Notwithstanding any provisions contained in this Chart, any non-
conforming use or structure is subject to the special, overriding
limitations placed upon it by Article IVII of this ordinance.
Item # 8 a
Section 4. Chapter 325, Section 325-9,entitled “Standards for Special
Conditions and Special Permits,” is hereby amended to add the following sub-
subsection:
(r) Neighborhood Parking in any district, where such parking is
permitted.
Section 5. Chapter 325, Section 325-20, entitled “Off Street Parking,” is
hereby amended as follows:
§ 325-20. Off-street parking.
(1) Subsection B is hereby amended to read as follows:
B. Applicability. Except as specified in § 325-8, the District
Regulations Chart, which is available in the City Clerk's
office, and as provided for in subsection C, below, § 325-
20 shall, after the effective date, govern the creation,
alteration or expansion of all off-street parking areas.
Section 325-20 shall also govern the maintenance of all off-
street parking areas.
(2) A new subsection “C” is hereby inserted after the existing
subsection “B,” reading as follows, and all subsequent
subsections of §325-20 are hereby re-lettered accordingly:
C. Non-conforming uses. Notwithstanding anything to the contrary
contained in this section or in the District Regulations Chart, the
amount of off-street parking permitted on a property containing a non-
conforming use shall not exceed the amount of parking determined to have
existed on said property at the time it became a non-conforming use, and
shall not be extended onto or relocated to a different part of the lot or
parcel in question, unless a use variance is granted for such additional
parking.
(3) Subsection “D” (previously “C”) is hereby amended as
follows:
D. General requirements.
(1) Required submissions and approvals
(a) Site plans and building permit. In all zoning districts,
no parking area or driveway may be constructed, added to,
altered, or resurfaced (except for routine repairs in kind
or other minor alterations of an existing parking area,
other than resurfacing, that do not change the parking area
or driveway's size, capacity, configuration, or drainage
Item # 8 a
characteristics) until a building permit therefore has been
issued by the Building Commissioner. All such building
permits shall be in accordance with this chapter's
requirements. Prior to obtaining a building permit, the
applicant must submit two dimensioned plans, drawn to
scale, one indicating the existing conditions, and one that
indicates the proposed conditions, including the locations
of all of the green areas, parking areas, associated
maneuvering areas and driveways, any required screening,
direction of ground slope, and drainage provisions, and
includes a calculation in square feet of the area of paving
and the area of the yard in which paving already exists or
is proposed to be constructed.
(b) Certificate of appropriateness. Any proposed parking
development in areas under the jurisdiction of the Ithaca
Landmarks Preservation Commission must obtain a certificate
of appropriateness from the Commission before a building
permit can be issued.
(c) Site plan review. The creation or expansion of certain
larger off-street parking areas is also subject to site
plan review, unless such development falls below the
applicability thresholds set forth in Chapter 276 of this
Code. (See Chapter 276 for the applicability of site plan
review which, if required, must be completed before a
building permit can be issued.)
(d) Neighborhood parking area. Notwithstanding anything to the contrary
contained in this chapter, and in addition to any other generally
applicable requirements, the creation or expansion of a neighborhood
parking area (as defined in 325-3, under “PARKING AREA”) in an R-3 or
R-U district shall require a special permit.
(de) Street permits. No curb cut, driveway entrance and/or
drainpipe in the street right-of-way shall be built or
installed unless a street permit has first been obtained
from the City Engineer.
(ef) City tree removal. There shall be no removal of any tree
located on City property unless approval has first been
granted by the City Forester.
(2) General standards for all off-street parking areas,
driveways and curb cuts.
(a) Parking. All off-street parking must occur in approved
parking spaces, parking areas or parking lots meeting the
Item # 8 a
general standards for all off-street parking areas in
§ 325-20C(2). Parking is specifically not permitted on
lawns, sidewalks, or other spaces not developed as a
parking space.
(b) Clear boundaries. All parking areas, including associated
driveways and vehicle maneuvering areas, shall have clearly
defined boundaries. A "clearly defined boundary" shall
mean, at a minimum, the existence of a distinct edge to the
material used to pave the parking area, such that the yard
area where parking is permitted is clearly distinguished
from the yard area where parking is not permitted. Where
approved parking areas are contiguous with sidewalks or
other paved areas, there shall be a minimum four-inch-high
curb or other equivalent continuous permanent barrier
separating the parking area from other paving, except as
required to allow for accessibility.
(c) Physical character of parking spaces. Each parking space
shall be even-surfaced and internally unobstructed by
structures, walls, landscape elements or other obstructing
features, except that low curbs or wheel stops may be
located within or adjoining a space if they do not impede
vehicular access to or egress from the parking space. The
surface of the parking area and that portion of the access
driveway which is not included in
Subsection C(2)(e)[1] below shall conform to standards and
specifications available at the office of the City Engineer
and shall at a minimum be a maintainable surface which will
support the sustained loads. Acceptable surface materials
include crushed stone, brick, concrete, asphalt, permeable
pavement, or similar materials.
(d) Drainage. All newly constructed or enlarged parking areas,
including associated driveways and vehicle maneuvering
areas, shall have adequate provisions to prevent surface or
runoff water from draining to or across adjoining
properties, sidewalks or streets during, at a minimum, a
two-year storm event, and shall comply with the provisions
of Chapter 282, Stormwater Management and Erosion and
Sediment Control. In the event of inconsistency, the
provisions of Chapter 282 shall prevail. Stormwater runoff
shall not be designed to flow across any public sidewalk as
a primary method of delivering the runoff to a stormwater
facility. All drainage systems in existing parking areas
shall be maintained in good working order. For more
detailed requirements for parking areas with the capacity
for three or more parking spaces on lots within residential
zoning districts see also Section FE(3) and for parking
Item # 8 a
areas on lots in nonresidential zoning districts see also
Section GF(2).
(e) Access requirements. All parking spaces shall have access
to the street by way of a driveway.
[1] The portion of access driveways extending from the street
to the sidewalk, or to the property line if no sidewalk
exists, must be hard-surfaced with concrete, brick,
asphalt or other approved material, as required by the
City Engineer.
[2] Driveways must be at least eight feet in residential
zoning districts and at least 10 feet wide in
nonresidential zoning districts, and must have clear
visibility to the street. Any required screening must be
so designed that it shall not interfere with sight lines
necessary for pedestrian and driver safety.
[a] Maximum driveway grades. Driveways to areas containing
parking spaces for threefour or more vehicles shall be
graded to form a street entry with a maximum grade of 8%
for a distance of 25 feet from the curbline.
[b] Adjacent driveways and combined curb cuts. Driveways on
adjacent lots may be side by side or may be combined.
[3] Driveway aisles. In residential zoning districts,Where
permitted, one-way driveway aisles shall have a minimum
width of 10 feet. In nonresidential zoning districts, one-
way driveway aisles shall have a minimum and a maximum
width of 12 feet, and. In all zoning districts, tTwo-way
driveway aisles shall have a minimum width of 20 feet and
a maximum width of 24 feet.
(f) Required maintenance. So long as they remain in use as
such, all parking areas and associated driveways and
vehicle maneuvering areas as well as any required
screening, plantings and drainage systems must be
maintained to preserve their intended function and to
prevent nuisances or hazards to people, surrounding
properties and public ways. Any planting required by the
provisions of this section (such as planting for the
purpose of screening or shading) that dies or, in the
opinion of the City Forester, becomes too unhealthy to
serve its intended function shall be replaced at the
Item # 8 a
earliest occurring suitable planting season by healthy
planting that satisfies the provisions of this section.
(g) No refuse or litter. All parking areas, including
associated driveways, vehicle maneuvering areas and
interior or peripheral planting areas, must be kept free of
refuse or litter.
(3) Number of off-street parking spaces required (and in R1 and
R2 districts the number of off street parking spaces
permitted) and permitted in the R1 and R2 districts.
(a) Notwithstanding anything contained herein to the contrary,
there are no requirements as to the minimum number of off-
street parking spaces in the following zoning districts:
WEDZ-1a, CBD-60, CBD-85, CBD-100, CBD-120, B-1b, and B-2c.
(b) Parking spaces required for specific uses. Off-street
parking spaces shall be provided and maintained in
accordance with § 325-20C(2) by the property owner for each
use or building which is newly established, erected or
enlarged after the effective date of this section (March 6,
1996), as specified in the following chart below:.
(c) Maximum number of parking spaces in R-1 or R-2 districts. For
each building or use (including parking) on a property within
an R-1 or R-2 zoning district, which building or use that is newly
established,
erected or enlarged after the effective date of this section
(_March 6, 1996), the maximum number of off-street parking
spaces permitted shall be two. For buildings that were not newly
established, erected or enlarged after March 6, 1996, parking requirements
will be determined by review of the property history by the building
department.
Use1 Spaces Required2
Adult day-care home
or group adult day-
care facility
1 for client use, plus 1 per
2 supervisory staff or
employees not residing on
the premises
Dormitory 1 per 4 persons housed
Dwelling unit
1 per 3 bedrooms or sleeping
rooms, plus 1 per 2
additional bedrooms or
sleeping rooms, plus 1 per
additional bedroom or
sleeping room in excess of 5
Item # 8 a
Use1 Spaces Required2
such rooms
Fraternity,
sorority or group
house 1 per 2 persons housed
Rooming or boarding
house 1 per 3 sleeping rooms
Auditorium or
theater 1 per 5 seats
Bar, tavern or
restaurant
1 per 50 square feet of net
floor area of the assembly
space
Bed-and-breakfast
home or bed-and-
breakfast inn 1 per guest room1,3
Bowling alley 2 per bowling lane
Church, funeral
home or mortuary 1 per 10 seating spaces
Fitness center or
health club
1 per 5 persons allowed as
determined by the maximum
occupancy load
Home occupation
requiring special
permit 1 space3
Hospital or nursing
or convalescent
home 1 per 5 patient beds
Hotel or motel 1 per guest room
Medical or dental
office
1 per 250 square feet of net
assignable floor area
Nursery school,
child day-care
center or private
elementary or
secondary school
1 per 2 employees plus 1 per
15 pupils enrolled
Office or bank
1 per 250 square feet of net
assignable floor area
Item # 8 a
Use1 Spaces Required2
Retail store or
neighborhood
commercial facility
1 per 500 square feet of net
assignable floor area
Wholesale or
industry
1 per 2 employees on maximum
work shift
Boat launch 8 per ramp4
Boat storage or
repair
1 per 2 employees on maximum
shift
Boatel 1 per 2 sleeping rooms
Marina 1 per 4 berths
Yacht club 1 per 4 member families
Human service
agencies and
centers
1 per 250 square feet of
floor area
NOTES:
1 In the case of mixed use of a building or
property, the space requirements shall be
computed for each use, and the total
requirements for all uses shall be provided in
accordance with this section.
2 See also the District Regulations
Chart Editor's Note: A copy of the District
Regulations Chart is on file in the City
offices. for districts in which off-street
parking is not required.
3 Unless the Zoning Board of Appeals, upon
consideration of all relevant factors,
including but not limitedto the easy
availability of on-street parking or the
expectation that a lesser parking requirement
will meet the parking needs of the use,
determines during consideration of the special
permit that a lesser off-street parking
requirement is appropriate and will not have a
negative impact on the surrounding
neighborhood.
4 Boat-launching ramps shall maintain 75% of
Item # 8 a
NOTES:
their parking spaces at a size of 10 feet by 40
feet to accommodate boat trailers. Consult the
New York State Parks and Recreation Department
on space requirements for maneuvering.
Footnote 17: Editor's Note: A copy of the District
Regulations Chart is on file in the City offices.
(dc) Parking in the Collegetown Parking Overlay Zone.
[1] Notwithstanding anything to the contrary contained
herein, in the CPOZ, required off-street parking for
residential uses in the R-3a and R-3b Zoning Districts
(Residential) and the B-2a and B-2b Zoning Districts
(Business) shall be one space for every two resident
occupants in the areas designated CPOZ on the map entitled
"Collegetown Parking Overlay Zone," dated June 2000, a
copy of which is on file in the Ithaca City Clerk's
Office.
[2] The requirements contained in § 325-20C(3)(c) shall not
apply to buildings existing within the designated areas,
as of October 4, 2000. Parking requirements for such
buildings within these areas shall remain as specified in
the chart 325-20C(3)(b), provided that there is no
increase in the number of resident occupants.
Notwithstanding anything to the contrary contained in this
Code, in cases where the number of resident occupants is
increased, the parking requirements of the Collegetown
Parking Overlay Zone shall be applied only to the
additional resident occupants.
(ed) Enclosed parking spaces that meet the minimum parking
space size requirements shall be counted toward meeting the
required number of parking spaces.
(fe) Counting of end-to-end parking spaces. When determining
the number of off-street parking spaces provided to fulfill
the number of off-street parking spaces required for a use,
no more than one pair of end-to-end parking spaces shall be
counted, unless all spaces have adequate maneuvering space
or direct street access. This is not to prevent the use of
Item # 8 a
a parking area for more than a single pair of end-to-end
parking spaces if conditions warrant.
(gf) Shared parking. In a case where two or more
establishments on the same lot, or on lots meeting the
distance requirements found in § 325-20C(4)(d) of this
section, have substantially different operating times, the
Building Commissioner (or, in the case of a project subject
to site development plan review, the Planning and
Development Board) may approve the joint use of parking
spaces, provided that the Building Commissioner or the
Board finds that the intent of the requirements of § 325-
20 is fulfilled by reason of variation in the probable time
of maximum use by patrons and employees among such
establishments.
(4) Location requirements; off-street parking areas. All
required parking spaces provided pursuant to this section
shall be on the same lot as the building, use or activity
that they serve, or may be located off site on another lot or
parcel other than the lot or parcel on which the use is
located or conducted provided that such off-site parking
meets the distance and use district limitations as
established below, is not located in an R-1 or R-2 zoning
district, and receives a special permit pursuant to Article
III.
(a) The lot or parcel containing the off-site parking area
must be connected to and accessible by vehicular traffic
from a public street. Off-site parking cannot also be
counted toward compliance with the parking requirement for
any other use except for those uses for which the Building
Commissioner has determined that shared parking is
appropriate, as provided for in § 325-20C(3)(f).
(b) Use district. An off-site parking area must be located on
a lot or parcel located in the zoning district in which the
use which requires the off-street parking is also a
permitted use as a matter of right. Any off-site parking
which is required for compliance with the parking
requirement for a use which is permitted by use variance
from the district regulations must also obtain a use
variance for the off-site parking area; in these instances
the notice requirements of this chapter shall apply to all
lots involved. The notice requirements of this chapter
shall apply to all lots if a use variance is required.
Item # 8 a
(c) Pedestrian way required. A pedestrian way, which in this
case may be private or public, must connect the lots or
parcels of both the use and the off-site parking area. The
pedestrian way must meet the standards of a public sidewalk
or as otherwise approved by the Board of Public Works.
(d) Distance from use. The distance from the lot or parcel
containing the off-site parking area and the lot or parcel
containing the use which requires the off-site parking
shall be measured from parcel to parcel following and along
the pedestrian way that connects the off-site parking area
to the use. Except where no public sidewalk exists or where
no crosswalks or corner-curb aprons exist within 125 feet
of the lot or parcel which requires the off-site parking,
pedestrian ways that cross a public street shall be
measured in a way that only crosses such streets at
crosswalks or corner-curb aprons. The maximum distances of
the pedestrian way shall vary by use and shall be no longer
than as follows:
[1] For mercantile uses, off-site parking lots or parcels
must be within 250 feet of the lot or parcel on which the
use is conducted.
[2] For all other uses, off-site parking lots or parcels must
be within 500 feet of the lot or parcel on which the use
is conducted.
(e) All land which is used to provide off-site parking must be
restricted to that use only, for as long as the building is
occupied by the use which requires off-street parking or
until substitute parking, approved by the Building
Commissioner, is provided. Evidence of such off-site
parking shall be provided in the form of a recorded
covenant, long-term lease or comparable document that is
approved by the Building Commissioner.
(5) Parking space, driveway, and driveway aisle size
requirements.
(a) Parking space size requirements for parking areas with 10
or fewer parking spaces. For such parking areas, a parking
space shall have a minimum dimension of eight feet by 18
feet, exclusive of pedestrian ways, maneuvering space and
driveways appurtenant thereto and giving access thereto.
The edge of the parking space pavement may be up to two
feet inside the outermost line of the parking space where
Item # 8 a
unobstructed vehicle overhang is available. All parking
spaces shall have adequate access.
(b) Parking space size requirements for parking areas with 11
or more parking spaces.
[1] Perpendicular parking. For parking perpendicular to the
driveway aisle, parking spaces shall be eight feet six
inches by 18 feet. The edge of the parking space pavement
may be up to two feet inside the outermost line of the
parking space where unobstructed vehicle overhang is
available
[2] Parallel parking. For parking parallel to the driveway
aisle, parking spaces shall be eight feet six inches by 20
feet.
[3] Angle parking. For angle parking, a standard parking
space shall have a minimum area of 255 square feet, the
length of which shall be measured, at the same angle of
parking, from the center of the outermost edge of the
parking space to the center line of the driveway aisle
giving access to the parking space. The edge of the
parking space pavement may be up to two feet inside the
outermost line of the parking space where unobstructed
vehicle overhang is available.
(c) Possible variation from above standards under site plan
review. The Planning and Development Board may, at its
discretion, allow parking space sizes that vary from the
above standards in those instances where Chapter 276, Site
Plan Review, applies.
(d) Parking for people with disabilities. For parking for
people with disabilities, the combined width of parking and
access aisle shall be in compliance with the New York State
Uniform Fire Prevention and Building Code. Signage as
required by the New York State Uniform Fire Prevention and
Building Code shall be provided for all accessible parking
spaces and associated access aisles.
(4) Subsection “E” (formerly “D”) is amended to read as follows:
DE. Parking in front yards.
Item # 8 a
(1) In all residential districts, all front yard parking within
15 feet of the front property line is restricted to a motor
vehicle orientation that is within 10° of perpendicular to
the street.
(2) In all residential districts, parking in the front yard of
lots which have a width at the street line of 50 feet or less
shall be restricted to parking within a driveway that is
perpendicular to the street or that is within 10° of
perpendicular to the street. Such driveway shall not be more
than 12 feet wide for the portion that passes through the
front yard.
(3) In all residential districts, parking in the front yard of
lots which have a width at the street line of more than 50
feet shall be restricted to an area not greater than 25% of
the total area of the front yard, including turnaround and
other vehicle maneuvering areas and driveways leading to
garages and parking areas. The setback for any such parking
area must meet the minimum front yard setback dimensions
specified in § 325-8, District Regulations Chart, Editor's
Note: (A copy of the District Regulations Chart is on file in
the City offices).for the zoning district in which the
parking area is to be constructed.
(4) In all residential districts, on corner lots with more than
one front yard as defined in this Code, front yard parking
according to the above provisions shall only be permitted on
one of the front yards.
(5) In all residential districts, where a parking area will use
a front yard, the use of the front yard for parking and
associated maneuvering space shall not exceed the amounts
permitted by this section. Any permitted front yard parking
area shall have a clearly defined boundary as required by
§ 325-20C(2)(b), and the remainder of the front yard shall be
landscaped as a green area in keeping with the surrounding
neighborhood.
(6) In all districts, when a parking area is established on a
lot that does not contain a building, an area equivalent to
the front yard that would be required if a building did stand
on the site shall be kept free of parking (except for an
access drive to the parking area). The area equivalent to the
front yard that would be required if a building did stand on
the site shall be landscaped in keeping with the surrounding
neighborhood and shall be separated and protected from the
Item # 8 a
parking area by a suitable fence or safe barrier. (See the
more detailed screening requirements described below for
parking areas within residential zoning districts.)
(5) Subsection “F” (formerly “E”) is hereby amended to read as
follows:
EF. Requirements for new or enlarged parking areas with the
capacity for three or more parking spaces on lots within
residential zoning districts.
(1) Required permits. A new or enlarged parking area with the capacity
for three or more parking spaces, on a lot within a residential zoning
districts, requires site plan approval (see Chapter 276) and a building
permit. Plans submitted must include a site plan drawn to scale with all
existing and proposed green areas, parking areas, associated maneuvering
areas and driveways clearly indicated and dimensioned, must indicate required
screening, ground slope and drainage provisions and must include a
calculation in square feet of the area of paving and the area of the yards in
which paving already exists or is proposed to be constructed. No building
permit shall be issued unless the requirements of § 325-20C(1) are met.
(2) Screening. The entire parking area, except entrances and
exits, shall be screened from public ways and adjacent
properties. Screening devices shall be at least four feet
high, except where they are within 10 feet of the entrance or
exit, or within 20 feet of a property lot corner at a street
intersection. Screening may consist of hedge planting, walls,
fences, trellises or a compatible combination of these
elements. Screening is not required where the parking area is
screened from the view of adjoining properties by buildings
or other accessory structures, or sufficiently dense
vegetation located on the same parcel as the parking area.
Similarly, screening is not required where buildings or
accessory structures without windows or other openings facing
the parking area or other such screening devices exist on
neighboring parcels and effectively screen the parking area.
However, upon removal of said building, accessory structure
or other such screening device by the adjoining property
owner, the required screening shall be installed within one
year.
(a) Planting for the purpose of screening. Planting for the
purpose of screening shall form a year-round dense screen
at least four feet high within two years of the initial
planting. Planting areas shall be curbed or otherwise
protected from vehicle damage on the parking area sides, be
at least eightfive feet wide and have a minimum three-foot-
deep excavation prior to planting.
Item # 8 a
(b) Fences and walls for the purpose of screening. Fences for
the purpose of screening must be sufficiently opaque,
whether alone or in combination with planting or other
design elements, to function as an effective visual
barrier. Walls for the purpose of screening must be
compatible in scale, texture and color with surrounding
structures.
(3) Maximum Parking Area Coverage Compliance Methods. In order
to protect the character of residential areas, plans for
parking areas with the capacity of three or more cars within
residential zoning districts must conform to either the
setback compliance method or the landscaping compliance
method described respectively in 325-20E(5)(a) and (b) below.
Before applying for a variance from this requirement, an
applicant must show that neither method is feasible. Such
plans must also comply with all other general and specific
standards of 325-20 and with the District Regulations Chart.
Where turnarounds, or other maneuvering spaces not required
for access to parking spaces, are provided that meet minimum
size for a parking space, they shall be counted as a parking
space for the purpose of this subsection.
(a) Setback compliance method. Parking areas using the
setback compliance method shall conform to the
following standards
[1] Setbacks. The parking area shall not be located
within the requireda minimum side or rear yard
setback areas established for the applicable
zoning district by the District Regulations
Chart. distance of five feet from any side or
rear interior lot line. These setbacks shall not
apply to any driveway up to 12 feet in width that
provides access for vehicles.
[2] Maximum yard coverage. The parking area,
excluding any driveway up to 12 feet in width
that provides vehicle access to a street, but
including all other turnaround and vehicle
maneuvering areas associated with parking, shall
not cover more than 50% of the any remaining side
or rear yard, as such percentage is calculated
after excluding the required minimum side or rear
yard setback areas specified for the applicable
zoning district by the District Regulations
Chart. For the purposes of this calculation, the
area of a side or rear yard shall not include the
Item # 8 a
building area of any accessory structure located
in the yard.
(b) Landscaping compliance method.
[1] A plan for a parking area using the landscaping
compliance method shall be submitted to the
Planning and Development Board for review, unless
the proposed site is under the jurisdiction of
the Ithaca Landmarks Preservation Commission, in
which case the plan shall be submitted instead to
the Commission for review. The Board may
designate a member of the Department of Planning
and Development to approve such a parking area on
its behalf. The required building permit shall
not be issued until a plan approved by either the
Board or, the Board's designee (and a Certificate
of Appropriateness where applicable-see below)
or the Commission, as appropriate in each case,
is on file in the Building Department.
[2] The Planning and Development BoardThe reviewing
body may, at its discretion, approve a parking
area that covers more than 50% of any side or
rear yard(as calculated after excluding the
minimum setback areas specified for the
applicable zoning district, per the District
Regulations Chart) or that lacks the required
five-foot setback from the property lines, if the
Boardreviewing body finds that mitigating factors
such as, but not limited to, the following exist:
i. Natural land forms or tall vegetation
provide significant shielding of views
toward the parking area from the street
and/or adjacent properties.
ii. The configuration of the parking area
protects and preserves existing healthy and
mature vegetation, especially trees over
eight-inch DBH (diameter at breast height).
iii. One or more curbed and landscaped planting
areas are provided within the parking area.
Any such interior planting area shall be a
minimum of 80 square feet with no dimension
being less than eight feet.
Item # 8 a
iv. The parking area will be substantially
shaded by existing woodland or canopy trees,
or the parking area plans call for the
planting of trees of a species that, at
maturity, will provide canopy shading. Trees
currently or prospectively providing such
shade may be located around the periphery of
the parking area or in interior planting
areas. Any such interior planting area
accommodating such canopy trees shall be a
minimum of 80 square feet with no dimension
being less than eight feet. Such interior
planting areas shall be curbed and have a
minimum three-foot-deep excavation prior to
planting.
[3] All property owners using the
landscapingcompliance method must notify
surrounding property owners by placing a notice
at the project site in a form prescribed by the
Planning and Development Board or the Ithaca
Landmarks Commission as appropriate.
[4] The Board shall be under no obligation to approve
a parking area using he landscape compliance
method; any such approval is discretionary.
[5] In the event that the proposed parking area is
under the jurisdiction of the Ithaca Landmarks
Preservation Commission, the proposed plan shall
also be submitted to the Commission for its
review. The role of the Commission shall be
limited to ruling on the appropriateness of the
plan in relation to any adverse impact on the
aesthetic, historical or architectural
significance or value of the landmark or site in
question. A building permit shall not be issued
for a plan that has not received a Certificate of
Appropriateness by the Commission, where such a
Certificate is required.
(43) Drainage. Surface or runoff water must be collected and
transmitted or piped to the nearest storm sewer or, if a
Item # 8 a
storm sewer is not available, then through underground piping
to the street gutter, or provisions shall be made for
stormwater retention or recharge. Stormwater drainage
systems, including their connections to public stormwater
facilities, shall be in accordance with this Code and with
the provisions of Chapter 282, Stormwater Management and
Erosion and Sediment Control, and shall be subject to
approval by the City Engineer. The applicant must provide
runoff calculations for the parking area for a two-year storm
event and must calculate the appropriate pipe sizes and
additional collection devices necessary to carry the water to
the public stormwater system. When conditions warrant, the
City Engineer may require installation of a sump in the last
structure in a parking area runoff collection system prior to
the delivery of stormwater to a public stormwater facility.
Installation, maintenance and repair of any pipe delivering
stormwater to a public stormwater facility shall be the
responsibility of the property owner. Such installation,
maintenance and repair within a public right-of-way shall
only be performed with the written permission of the City
Engineer.
(54) Maintenance. The landscaping or other elements used to
comply with § 325-20E shall be maintained, replaced or pruned
as required to fulfill this section's standards, including
provision of the required screening and compatibility with
the surrounding residential neighborhood.
Section 6. Chapter 325, Section 325-30,entitled “Conditions of Lawful
Continuation” is hereby amended to read as follows:
C. Legal nonconforming uses of any building or land shall adhere
to the conditions of this article, although even though such uses
may not conform to other provisions of this chapter. The lawful
use of any building or land legally existing at the time of
enactment of this chapter may be continued only subject to the
provisions of this article.
Section 7. Chapter325, Section 325-31, entitled “Construction or use
approved prior to adoption of or amendment to chapter,” is hereby deleted in
entirety.
Nothing herein contained shall require any change in
plans, construction or designated use of a building for which a
building permit has been heretofore issued and which entire
building shall be completed according to such plans as filed
within two years from the effective date of this chapter or any
amendments hereto.
Section 8. Chapter 325, Section 325-32, entitled “Repair, changes in use,
extension or enlargement of nonconforming uses or structures” is hereby
amended to read as follows:
C. Extension or enlargement of nonconforming uses or structures.
Item # 8 a
(1) A nonconforming use may not be extended or enlarged within or in
association with the structure where it is located to other structures, nor
may a nonconforming use be extended or enlarged to all or part of a structure
or structures not already legally other portions of structures not devoted to
such use or to other land not already legally devoted to such use, except by
means of a use variance granted by the Board of Appeals.
(2) A nonconforming structure which is used as permitted in the district in
which it is located, but does not comply with the minimum lot size
requirement and/or parking requirements applicable in the district, may not
be extended or enlarged except by means of an area variance granted by the
Board of Appeals; however, a nonconforming structure may be enlarged without
the necessity of obtaining such a variance, provided that:
(a) The enlargement does not create a new, greater or additional
nonconformity;
(b) The enlargement does not increase the occupancy previously
permitted for the structure unless the structure is, and will continue to be,
a one- or a two-family dwelling; and
(c) The property is, and will continue to be, in compliance with the
minimum lot size and parking requirements of the district in which it is
located.
(3) A nonconforming structure which is used as permitted in the district in
which it is located cannot be extended or enlarged by increasing the numbers
of unrelated individuals residing within such structures or by increasing the
number of dwelling units contained within such structure except by means of
an area variance granted by the Board of Zoning Appeals; however, such a
nonconforming structure may be extended or enlarged without the necessity of
obtaining such a variance if the property, in the enlarged or extended
condition, will comply with the parking and the lot size regulations of this
chapter for the particular district in which it is located.
4) In all districts any legal nonconforming use or structure existing at the
time of enactment of this chapter, as amended, or subsequently constructed in
compliance with a variance, shall not be extended or enlarged except in
compliance with the regulations of this chapter, as amended for each
particular district.
Section 9. Chapter 325, Section 325-33, entitled “Discontinuation of Use,” is
hereby amended to read as follows:
Nonoperation or nonuse for a period of 12 successive months…due to
litigation commenced during said 12-month period, or pursuant to a
building permit issued during said period for repairs or modifications
required by the Building Department, it may be resumed within 12
successive calendar months from the time after such litigation is ended
or such repairs are deemed complete, provided such resumption occurs
within the remainder of the afore-mentioned 12-month period.
Section 10. Chapter 325, Section 325-34, entitled “Restoration after
Damage”, is hereby amended to read as follows:
A nonconforming building structure which is entirely devoted to
a conforming use may be rebuilt or reconstructed, in whole or
in part, when it is damaged by fire or other causes, provided
that the floor area, occupancy and exterior dimensions are not
increased in the new building when compared to the old building
as it existed in an undamaged state.
Item # 8 a
Section 11. Effective date. This ordinance shall take affect immediately and
in accordance with law upon publication of notices as provided in the Ithaca
City Charter.
Item # 8 a
4. Rezoning of a Portion of the SW-1 District to MH-1 – Approval to Circulate
Moved by Alderperson Rooker; seconded by Alderperson Murtagh; Passed
unanimously 5-0.
ORDINANCE NO. 2012
BE IT NOW ORDAINED AND ENACTED by the Common Council of the
City of Ithaca that Chapter 325 (Zoning) of the Municipal Code
of the City of Ithaca is hereby amended as follows:
Section 1. Chapter 325, Section 325-5 of the Municipal Code of the
City of Ithaca and the official Zoning Map of the City of Ithaca
are hereby amended to change the zoning designation from SW-1 to
MH-1 for the following tax parcels: 101.-1-1.11 and 101.-1-1.13.
Section 2. Severability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is held to be invalid
or unconstitutional by a court of competent jurisdiction, then
that decision shall not affect the validity of the remaining
portions of this ordinance.
Section 3. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
Item # 8 a
F. Discussion Items
1. Surplus Properties – Direction on Methods of Divesting of Certain Properties –
Cherry Street, 213-215 West Spencer Street, and 321 Elmira Road
In addition to his memorandum below, Tom West informed the group that these
particular properties were once used by the City of Ithaca but are no longer
needed. While trying to build our tax base, this proposal was developed. He
further stated that the properties could be transferred to the Ithaca Urban
Renewable Agency.
Nels Bohn further stated that there is also a bidding process.
Alderperson Kerslick asked if any other group has had any discussion on this.
JoAnn Cornish stated that since it was just distributed, not many committees have
had time to comment. The Planning Board has not had a formal discussion on this
topic.
Alderperson Murtagh asked whether environmental review has been done and
further asked whether this has been well distributed.
Chair Dotson stated the route we choose would determine how the resolutions
would be written.
Chair Dotson suggested that the Cherry Street be transferred to IURA due to its
industrial use of the property.
Alderpersons McCollister and Kerslick agree that the Spencer Street properties
should be transferred to the INHS rather than to the open market.
Alderperson Clairborne stated that the City Administration Committee will be the
body to handle the financial part of this and Council would handle the usage.
Alderperson Clairborne further stated if we are thinking of a land distribution that it
be used as a taxable use of the property rather than a not-for-profit entity. The
committee agreed.
From: Tom West, Assistant City Engineer
Date: November 17, 2011
Re: Divestiture of City-owned land
______________________________________________________________________
Proposal to divest
As a partial, but significant, mitigation for the City’s financial crunch I have proposed that
the City divest of certain properties that are not utilized and have market value. The
object of this strategy is to reduce maintenance costs, generate income from the sale of
the property, return the property to the tax base and provide an opportunity to create
jobs. On October 19, I presented approximately a dozen such properties. At the
suggestion of Mayor Peterson, the Board was asked to consider five properties.
Process
As I understand the process, divestiture can be initiated at the recommendation of the
Superintendent. Based upon the Superintendent’s recommendation, the Board of Public
Works considers whether there is a public works need for the property. If the BPW
Item # 8 a
determines that there is no public works need for the property, the Board can
recommend divestiture to the Common Council. Council can then decide to divest of the
property.
Disposal
Disposal of the property can happen in a number of ways. The property can be
auctioned, it can be sold to an individual at a negotiated price or it can be transferred to
the Ithaca Urban Renewal Agency for disposal. Each method has merits depending
upon the property and the end result that the City wishes to achieve. Each property
should be appraised and may require an updated survey or subdivision.
Properties considered by the BPW
The BPW is in the process of considering five properties; they are:
213 West Spencer Street
215 West Spencer Street
321 Elmira Road
700 block East Seneca Street
Cherry Street extension
The total assessed value of these five properties exceeds $1,000,000. If simply returned
to the tax roll these properties would generate $12,600 per year after sale. In some
cases, I believe the assessed value exceeds the market value and in others it
underestimates the market value. Given the development potential of these properties I
think we could expect a significantly greater property tax return that could make a
significant dent in our financial problem.
Public concern
There is no doubt that the public has deep concerns over the City’s financial well-being.
Our constituents have an equally strong concern that government be a good steward of
public assets. A big concern is that the property should be developed in the best interest
of the community. This is important but we can not let our concern prevent us from
making good decisions. We can control the development of a property in a number of
different ways.
Method of sale
Properties can be disposed of by public bid. Interested parties can submit sealed bids
for a property and the bids opened in public. The highest bidder wins. This process can
require a minimum bid based upon a current appraisal. In the case of the Cataract (Fall
Creek) Fire Station bidders were required to include a description of their intention with
the bid as a qualification to bid. We can include deed restrictions which preclude certain
uses of the property to be conveyed. We can also rely upon zoning to limit the kind of
development allowed.
We can negotiate directly with an individual in cases where there is a direct relationship
between the buyer and the property which is for sale. For instance, I understand that we
could negotiate with the owner of a property if we were selling the immediately abutting
city land. This would be useful in disposing of pieces of right of way that are of no use to
the public but which are being used (by license) by the abutting owner. Again, we would
rely upon a current appraisal to set the price.
We can work with the Ithaca Urban Renewal Agency to achieve the kind of use that the
Item # 8 a
City intends. IURA can issue a request for proposals that will include a variety of criteria
for the project. These may include type of development, job creation, disadvantaged
business enterprise opportunities, targeted housing needs, etc. This process has been
utilized successfully many times in Ithaca.
There are likely other methods of sale that Planning and Development could propose.
Item # 8 a
Resolution: Parcel 93.-7-3
Whereas, the City of Ithaca owns parcel 93.-7-3 located at 213 West Spencer Street,
and
Whereas, the aforementioned parcel was obtained by the City with the intention of
widening West Spencer Street to accommodate two-way vehicular traffic, and
Whereas, the Superintendent of Public Works has indicated the remainder of the parcel
is not currently used for City public works functions or purposes, and that the
Superintendent does not anticipate a need to use this parcel for any such purpose in the
foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense
for maintenance, without the generation of revenue (e.g., in the form of property taxes)
from it,now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned
property is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of parcel 93.-7-3, unless its continued ownership by the City is needed in
order to serve a non-public works function or purpose.
Resolution: Parcel 93.-7-5.1
Whereas, the City of Ithaca owns parcel 93.-7-5.1 located at 215 West Spencer Street,
and
Whereas, the aforementioned parcel was obtained by the City with the intention of
widening West Spencer Street to accommodate two-way vehicular traffic, and
Whereas, the Superintendent of Public Works has indicated the remainder of the parcel
is not currently used for City public works functions or purposes, and that the
Superintendent does not anticipate a need to use this parcel for any such purpose in the
foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense
for maintenance, without the generation of revenue (e.g., in the form of property taxes)
from it, now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned
property is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of parcel 93.-7-5.1, unless its continued ownership by the City is needed
in order to serve a non-public works function or purpose.
213 West Spencer Street, 215 West Spencer Street; Tax parcels 93.-7-3, 93.-7-5.1
These two properties are 0.47 acre acquired by the City for widening West Spencer
Street to two lanes. The parcels are zoned R-3b. The combined assessed
Item # 8 a
value is $124,000. Prior to acquisition by the City the smaller parcel had a single family
wood frame residence and the larger parcel had a 12-unit wood frame apartment
building. The
parcels have street frontage on West Spencer Street as well as South Cayuga
Street. Although the property has a dramatic elevation difference from
Spencer to Cayuga this did not preclude its earlier uses.
220 West Spencer has a multi-unit residential structure on a 0.21 acre parcel.
It has an assessed value of $350,000 which generates approximately $4,000 in
property taxes.
Update:
The Board of Public Works determined that these properties are not needed for City of
Ithaca public works purposes on November 9, 2011. The City has already received
inquires regarding purchase of these properties.
Revised 11/17/11, tww
Item # 8 a
Resolution: Parcel 122.-2-1
Whereas, the City of Ithaca owns parcel 122.-2-1 located at 321 Elmira Road, and
Whereas, the aforementioned parcel was obtained by the City with the intention of
operating a sewage pump station, and
Whereas, the Superintendent of Public Works has indicated the parcel is no longer used
for City public works functions or purposes, and that the Superintendent does not
anticipate a need to use this parcel for any such purpose in the foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense
for maintenance, without the generation of revenue (e.g., in the form of property taxes)
from it, now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned
property is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of parcel 122.-2-1, unless its continued ownership by the City is needed in
order to serve a non-public works function or purpose.
321 Elmira Road, Tax Parcel 122.-2-1
This 0.4 acre parcel is situated on the south side of Elmira Road between Friendly’s
Restaurant and the Honda dealership. The parcel has an assessed value of $189,000.
The small brick sewage pump station on this parcel was recently de-commissioned. The
parcel has a curb cut on Elmira Road. There is a drainage ditch on the north side of the
property.
Update:
The Board of Public Works determined that this property is not needed for City of
Ithaca public works purposes on November 15, 2011.
Revised 11/17/11, tww
Resolution: Parcel 100.-2-1.2
Whereas, the City of Ithaca owns parcel 100.-2-1.2 located at the south end of Cherry
Street, and
Whereas, the aforementioned parcel was obtained by the City with the intention of
expanding the Cherry Street Industrial Park, and
Whereas, the Superintendent of Public Works recommends reserving a 40 foot wide
temporary (construction) easement and a concurrent 20 foot wide permanent easement
for extension of utilities, and
Whereas, the southerly portion of parcel 100.-2-1.2 contains two designated wetlands of
0.45 acre and 0.32 acre, and
Item # 8 a
Whereas, the Superintendent of Public Works recommends reserving a twenty foot wide
easement for the purpose of extending a pedestrian path, concurrent with the
aforementioned utility easements, and
Whereas, the Superintendent of Public Works has indicated that, with the
aforementioned exceptions, the parcel is no longer used for City public works functions
or purposes, and that the Superintendent does not anticipate a need to use this parcel
for any such purpose in the foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense
for maintenance, without the generation of revenue (e.g., in the form of property taxes)
from it, now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned
property is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of approximately 6 acres of the northerly portion of parcel 122.-2-1, unless
its continued ownership by the City is needed in order to serve a non-public works
function or purpose.
Cherry Street, Tax Parcel 100.-2-1.2
The parcel at the end of Cherry Street contains 8.25 acres and is assessed at
$825,000. The property is bounded on the east by railroad property and on the west
by lands abutting Cayuga Inlet. This wooded parcel is generally flat. The southerly
end of the property contains two designated wetlands of 0.45 acre and 0.32 acre.
The neighboring 2.88 acre parcel at 240 Cherry Street has a land assessment of
$253,000 with a total assessment of $1,290,000; this generates over $16,000 in
property tax annually.
The site could be sub-divided into two parcels. Approximately 6 acres at the north end
of the property would provide a very attractive development parcel consistent with the
current industrial zoning designation. By sub-dividing the north portion as a single
parcel the City would have no obligation to extend the street or utilities beyond the end
of the current street. The City can retain easements along one or more of the
development parcel boundaries to complete the loop of water mains in the southern
part of the City (this is an ongoing, funded capital project).
The remaining acreage at the south end of the property could encompass the two
larger wetlands. The City could also establish easements along one or more of the
development parcel boundaries concurrent with the water main easements to provide
public access to the wetlands without reducing the useful area of the development
parcel.
Revised 11/18/11, tww
wetland
0
Item # 8 a
G. Approval of Minutes – There were no minutes to be approved.
H. Adjournment
Alderperson Kerslick moved to adjourn; Alderperson McCollister seconded
the motion. The meeting adjourned at 8:25 p.m.
Item # 8 b
ittee
Wednesday, April 11, 2012 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
City of Ithaca
Planning & Economic Development Comm
Minutes
Committee Members Attending: Jennifer Dotson, Chair; Seph Murtagh, Graham
Kerslick, Ellen McCollister, and Eddie Rooker
Committee Members Absent:
ls Attend
Staff Attending: artment of
Dennise
ility Manager,
evelopment;
ban Renewal
; Jennifer Kusznir, Senior Planner,
elopment;
ent of
t; Debbie Grunder,
partment of Planning
Others Attending: Phyllisa DeSarno, Deputy Director for Economic
Development; and Debbie Parsons, City
Chamberlain; Carrie Berman and Stacey
Murphy, Tompkins Community Action
e meeting to order at 6:10 p.m.
ere made.
B. Special Order of Business
1. Public Hearing – MH-1 Zoning
Alderperson McCollister moved to open the public hearing; Alderperson Murtagh
seconded it. Passed unanimously 5-0.
No one spoke on this topic.
Alderperson McCollister motioned to close the public hearing; seconded by Alderperson
Rooker. Passed unanimously 5-0.
None
Other Elected Officiaing: Mayor Svante Myrick (arrived at 6:15 p.m.);
Alderperson Cynthia Brock
JoAnn Cornish, Director, Dep
Planning and Development;
Belmaker, Energy Sustainab
Department of Planning and D
Nels Bohn, Director, Ithaca Ur
Agency
Department of Planning and Dev
Megan Wilson, Planner, Departm
Planning and Developmen
Executive Assistant, De
and Development
Chair Jennifer Dotson called th
A. Agenda Review
No changes to the agenda w
Item # 8 b
C. Public Comment and Response from Committee Members
ed the group their
She pointed out a
Belmaker, the City
ing the tax
Avenue not go to
Joel Harland, Newfield, spoke in favor of affordable housing and encouraged the City to take
a good look at this problem. People cannot continue to be homeless and also lead a
tes and Reports
a. Commons Redesign Update
nifer Kusznir informed the committee what the client committee has been done, and
n the status of the
ncil in a few months and
re familiar with the
ublic Works capital
e less than ideal fire
on the
Commons and the numerous injuries that had occurred as a result of extensive surface decomposition.
009, the City hired
ublic. Over the next
works, engineering, fire, the
ich included public
erviews, and having
n that could address
al staff.
The City authorized the funding for the final design and preparation of construction drawings as a part of
the 2011 capital budget. The final design phase began in August of 2011, with a survey of existing
structures, utilities, trees, planters, and accessibility issues on the Commons. In December, the consultants
led a series of public meetings and collected additional public feedback on the schematic design.
There was a great deal of concern raised about the proposed removal and replacement of the trees on the
Commons. In order to address these concerns, the City authorized an Independent arborist Bill Logan of
Urban Arborist, to conduct an evaluation of the health and value of each of the trees on the Commons and
an assessment of their probability of survival after construction, either by transplanting them or protecting
Stacey Murphy, 701 Spencer Road, spoke on behalf TCAction and inform
interest in the 701 Cliff Street property for the YouthBuild Program.
Carolyn Peterson, Buffalo Street, spoke in favor of the local action plan.
number of items or suggested clarifications that she provided Dennise
Energy Sustainability Manager.
Paul Mazzarella, 39 Woodcrest Avenue, spoke on behalf of the INHS regard
delinquent properties. He recommends that property 116 North Titus
auction.
healthy life.
D. Announcements, Upda
Jen
provided the following update:
The Commons Client Committee has asked that staff update the Common Council o
Commons project, since they will be making a design recommendation to the Cou
they wanted to make sure that everyone, especially the new Council members we
project.
As most of you are aware, the Commons project was initiated as a Department of P
project request in 2007 to address concerns regarding the aging underground utilities, th
prevention and response infrastructure, the emergency access issues, the deteriorating structures
The initial design phase was approved as part of the 2008 City capital budget. In 2
Sasaki Associates and established a client committee made up of 16 members of the p
two years the consultants worked with the City staff from planning, public
City clerk and the client committee to conduct an extensive public outreach effort, wh
meetings and workshops, information tables, conducting surveys, and on the street int
focus group meetings. They then to used that feedback to develop a schematic desig
many of the concerns that were expressed from both the public and from the profession
Item # 8 b
ation in order to determine if it would be possible to
erve 4 trees on the
pacts on the utility
ommittee, who has
recommending that
nk Alley. However,
of the trees that Bill
dition to making a
e Committee will also be working with the Consultant over the next
vilions, and seating,
so working with the
ccess issues.
ssociates to develop
recommendation to
ction of this project.
US Department of
gram or TIGER IV.
at would include the
nstruction of the Commons, the reconstruction of Stewart Avenue, and an upgrade of the TCAT bus
loop between downtown and Cornell. We also worked with the County to submit the same grant project
he Bus Livability Grant
d within the next 2
nding opportunities that may arise. We are
construction phasing
options.
stated that if the Commons committee will be relocating the
current trees on the Commons, she suggests they be distributed in the Collegetown
.
and his staff should be reached for support.
b. Comprehensive Plan Update
Megan Wilson gave an update on the consultant’s work being done on the
comprehensive plan
20 meetings and approximately 800 surveys completed.
Ask Megan for her paragraph she read to the group.
them in place. Sasaki Associates used this inform
alter the proposed design to save any of the recommended trees.
They found that it would be possible to slightly alter the design in order to pres
Commons, however, given the additional costs, the probability of survival, and the im
plan and the overall design, they recommended only saving 2 of the trees. The Client C
begun meeting on a weekly basis, after reviewing all of the information, is planning on
the City accept the Sasaki proposal and only retain 2 of the existing trees located in Ba
the Committee also plans on recommending that the City consider transplanting 12
Logan assessed as having a high probability of surviving transplantation. In ad
recommendation regarding the trees, th
few months to develop recommendations for the type size, location and quantity of pa
planters, trees, and other amenities, surface materials, and lighting options. They are al
Fire chief to address fire safety and a
The Committee will continue to meet on a weekly basis in order to work with Sasaki A
a final recommended design plan. They expect to be ready to make their final
Common Council in May or June of this year.
In addition, City staff has been working on exploring funding options for the constru
In March, staff prepared and submitted an application to round four of the
Transportation -Transportation Investment Generating Economic Recovery Grant pro
If successful the grant would supply 12.5 million dollars to be used towards a project th
reco
for two additional grant opportunities from the Federal Transit Administration, t
and the State of Good Repair Grant. All of these grants are expected to be announce
months. Staff is continuing to work on exploring any other fu
also working with the Downtown Ithaca Alliance to discuss mitigation impacts and
Alderperson McCollister
area. The smaller CT trees are vandalized and cannot grow
Mayor Myrick stated that Senator Schrumer
Item # 8 b
s been scheduled for April 25, 2012 at
will be meeting on Monday, April 16, 2012.
art, Cornell University, has put together several different meetings with the
E. Action Items
ce)
cel 78.-3-6 from SW-1
to MH-1 – Declaration of Lead Agency for Environmental Review
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for
ironmental law, and
view, the lead agency
r carrying out the
WHEREAS, the proposed zoning amendment is a “Type I” Action pursuant to the City Environmental
w (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it
thaca does hereby declare itself lead agency for the
1.-1-1.11 and a portion of parcel 78.-
cel 78.-3-6 from SW-1
c. Intermunicipal Planning Update
The joint Intermunicipal planning (city/town) ha
3:30 p.m.
The task force
Gary Stew
town, Emerson, etc.
1. MH-1 Zoning District – Resolutions
(memo, map, GML letter, lead agency, negative declaration, and ordinan
Draft Resolution:
Proposal to Rezone Parcels 101.-1-1.13, 101.-1-1.11 and a portion of par
Alderperson Murtagh moved; seconded by Alderperson Rooker. Passed 5-0.
conducting environmental review of projects in accordance with local and state env
WHEREAS, State Law specifies that for actions governed by local environmental re
shall be that local agency which has primary responsibility for approving and funding o
action, and
Quality Revie
RESOLVED, that Common Council of the City of I
environmental review of the adoption of rezone parcels 101.-1-1.13, 10
3-6 from SW-1 to MH-1.
Draft Resolution:
Proposal to Rezone Parcels 101.-1-1.13, 101.-1-1.11 and a portion of par
to MH-1 – Determination of Environmental Significance
Alderperson Rooker moved; seconded by Alderperson Murtagh. Passed 5-0
WHEREAS, the City of Ithaca is considering a proposal to rezone parcels 101.-1-1.13, 101.-1-1.11 and a
paration of a Full
WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department
Pursuant to §239-l–m of the 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 reviewed by the City of Ithaca Conservation Advisory Council, 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
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
portion of parcel 78.-3-6 from SW-1 to MH-1, and
WHEREAS, appropriate environmental review has been conducted including the pre
Environmental Assessment Form (FEAF), and
Item # 8 b
s its own, the findings
e it further
mmon Council, as lead agency in this matter, hereby determines that the proposed
nvironmental review is
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
e City of Ithaca,
ls 101.-1-1.13, 101.-
1-1.11 and a portion of parcel 78.-3-6 from SW-1 to MH-1
lows:
uncil as
1.
RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts a
and conclusions more fully set forth on the Full Environmental Assessment Form, and b
RESOLVED, that this Co
action at issue will not have a significant effect on the environment, and that further e
unnecessary, and be it further
forward the same to any other parties as required by law.
An Ordinance Amending the Municipal Code of th
Chapter 325, Entitled “Zonig” To Rezone Parcen
The ordinance to be considered shall be as fol
ORDINANCE NO.
Moved by McCollister; seconded by Kerslick. Passed 5-0.
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Co
follows:
Section
amended to change
ls: 101.-1-
aries are
shown on the attached map entitled “Proposed Amendment to the MH-1 Zoning
Section 2.
The Official Zoning Map of the City of Ithaca is hereby
the designation from SW-1 to MH-1for the following tax parce
1.13, 101.-1-1.11 and a portion of parcel 78.-3-6. The bound
District - March 2012.”
y and in
City Charter.
Mayor Myrick left the meeting before this discussion.
Plan’) – Resolution distributed in
March
In the second to the last Resolved, Chair Dotson suggested changing the word,
“adopts” to “endorses”. The revised Resolved reads as follows:
RESOLVED, that the City of Ithaca Common Council hereby endorses the Energy
Action Plan 2012, and be it further
Alderperson Rooker moved the amendment; seconded by Alderperson Kerslick. Passed 5-0.
Alderperson Rooker moved the resolution as amended; seconded by Alderperson Kerslick. Passed 5-0.
Effective Date. This Ordinance shall take effect immediatel
accordance with law after publication of notice as provided in the Ithaca
2. Energy Action Plan (formerly named ‘Local Action
Proposed Resolution: Adoption of the City of Ithaca Energy Action Plan 2012
Item # 8 b
ated its desire and commitment to protect
ironmental Initiatives (2001)
ction to achieve
goals, a Local Action
s (“Local Action
opted by Common Council on July 2006, and
t greenhouse gas
the City of Ithaca could
h reductions, and
mplemented by the City
f the Local Action Plan, however, no formal monitoring of the implementation
d evolving process,
s as needed, and considers new
ouse gas emissions
inventory (2010) for government operations and a baseline inventory for community-wide emissions,
a can take to achieve its
lt and a crucial part of such evolving process, and
012 will further
advance the City’s ongoing efforts of environmental stewardship using methods that are economically
port of the City of Ithaca at all levels of
WHEREAS, this support can be demonstrated at first by the City of Ithaca Common Council through the
n of regulations, policies,
procedures and local legislative decisions in connection with any action on this list”, this action does not
require a City Environmental Quality Review (CEQR); now, therefore, be it
Council hereby endorses the Energy Action Plan 2012,
and be it further
RESOLVED, that the Mayor will work with department heads and city staff, members of the Local
Action Plan Steering Committee, businesses, community groups, academic institutions, organizations,
and other local governments to implement the plan and advance the City’s environmental goals.
3. Transfer of City-Owned (and Possibly Tax Delinquent) Properties
(some materials to be distributed separately later)
WHEREAS, the City of Ithaca Common Council has demonstr
: the environment by passing the following resolutions to
Join the International Council for Local Env
Endorse the US Mayors’ Climate Protection Agreement (2005)
Adopt the Climate Smart Communities Pledge (2009), and
WHEREAS, the above resolutions pledged that the City of Ithaca will take local a
sustainability, energy conservation, and climate protection goals, and
WHEREAS, in order to guide City actions and decision-making to achieve these
Plan: to Reduce Greenhouse Gas Emissions for City of Ithaca Government Operation
Plan”) was developed and ad
WHEREAS, the Local Action Plan included a baseline inventory of City governmen
emissions, a 10 year reduction target, and a number of recommended measures
take to accomplish suc
WHEREAS, many of these measures have been implemented, or continue to be i
since the adoption o
measures have been done, and
WHEREAS, the above resolutions and Local Action Plan commit to a continuous an
which monitors progress and reports results, updates plans and policie
ideas and opportunities, and
WHEREAS, the new Energy Action Plan 2012, which contains an updated greenh
monitors implemented measures, and recommends further steps the City of Ithac
carbon reduction goals, is both a resu
WHEREAS, the information and strategies outlined in the new Energy Action Plan 2
feasible and socially equitable, and
WHEREAS, the Energy Action Plan 2012 must have the sup
government to be successfully implemented, and
adoption of the Energy Action Plan 2012, and
WHEREAS, in accordance with the City of Ithaca Code §176-5 (26) “adoptio
RESOLVED, that the City of Ithaca Common
Item # 8 b
proposed transfer to IURA for development as for-sale taxable single-family home
(lead agency, negative declaration, proposed authorization of transfer)
reclosure –
Ithaca, NY (tax parcel
#35. ‐5‐16) to be acquired through tax foreclosure proceedings to the Ithaca Urban Renewal Agency (IURA) for
ment of the property
the City Environmental
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting
environmental review of proposed actions in accordance with local and state environmental law, and
the Lead Agency shall be
agency which has primary responsibility for approving and funding or carrying out the action, and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be
it
cy for the environmental
l property to be acquired through tax
Authorize Transfer to IURA of 203 Third Street Property Acquired Through Foreclosure –
Moved by Alderperson Kerslick; seconded by Alderperson Murtagh. Passed 5‐0.
WHEREAS, the City of Ithaca Common Council is considering conveyance of 203 Third Street, Ithaca, NY (tax parcel
#35.‐5‐16) to be acquired through tax foreclosure proceedings to the Ithaca Urban Renewal Agency (IURA) for
disposition to a qualified sponsor for residential development, and
WHEREAS, as proposed, the IURA will solicit competitive proposals for purchase and development of the property
and develop a proposed property disposition for Common Council approval, and
WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental
review of this proposed action, and
a. Possible Tax Delinquency – 203 Third Street –
Authorize Transfer to IURA of 203 Third Street Property Acquired Through Fo
Declaration of Lead Agency
Moved by Alderperson Murtagh; seconded by Alderperson Rooker. Passed 5‐0.
WHEREAS, the City of Ithaca Common Council is considering conveyance of 203 Third Street,
disposition to a qualified sponsor for residential development, and
WHEREAS, as proposed, the IURA will solicit competitive proposals for purchase and develop
and develop a proposed property disposition for Common Council approval, and
WHEREAS, the proposed transfer of a 2,850 sq. ft. parcel of land is an Unlisted action under
Quality Review Ordinance (CEQRO), and
WHEREAS, State Law specifies that for actions governed by local environmental review
that local
RESOLVED, that the City of Ithaca Common Council does hereby declare itself Lead Agen
review of the proposed transfer to the IURA of the above listed rea
foreclosure.
Environmental Determination
Item # 8 b
land is an Unlisted
Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under
eview, and
ort Environmental Assessment Form (“SEAF”) and supporting information has been provided to
ments have been
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed
applicant, and Part 2,
RESOLVED, that the City of Ithaca Common Council hereby determines that the proposed transfer to the IURA of
the 203 Third Street property acquired through tax foreclosure proceedings will result in no significant impact on
claration for purposes of Article 8 of the Environmental Conservation Law
of Part 617 of the State Environmental Quality Review Act.
Proposed Resolution
re
sed 5‐0.
5‐0.
perty (tax parcel #35.‐5‐16) by
tax foreclosure through the City’s Tax Foreclosure Proceeding filed with the Tompkins County Clerk, and
the 203 Third Street
10 and 2011, and
quired by the City of Ithaca through foreclosure proceedings may be disposed of
through auction or directed sale to another party without advertising for bids or public hearing, and
ose of properties
red through tax foreclosure through auction in conjunction with the County of Tompkins, which auction is
scheduled for June, 2012, and
it properties to be
vested with title to
real property so
acquired, either with or without advertising for bids, notwithstanding the provisions of any general, special or local
law, and
WHEREAS, Section 1166(2) of the New York Real Property Tax Law further provides that no such sale shall be
effective unless and until such sale shall have been approved and confirmed by a majority vote of the governing
body of the taxing jurisdiction (except that no such approval shall be required when the property is sold at a public
auction to the highest bidder), and
WHEREAS, the various methods available to dispose of property include (1) auction, (2) competitive RFP process,
and (3) a directed sale to a non‐profit organization for a specific end use, and each approach optimizes different
WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of
the State Environmental Quality Review Act (“SEQR”), both of which require environmental r
WHEREAS, the Sh
the City of Ithaca Conservation Advisory Council for review of the proposed action and no com
received to date, and
and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the
prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it
the environment and that a Negative De
accordance with the provisionsbe filed in
Planning & Economic Development Committee
April 11, 2012
Authorize Transfer to IURA of 203 Third Street Property Acquired Through Foreclosu
Over all resolution Moved by Alderperson Rooker; seconded by Alderperson Kerslick. Pas
Amendment made by Alderperson Dotson; seconded by Alderperson Murtagh. Passed
WHEREAS, the City of Ithaca is in the process of acquiring the 203 Third Street pro
WHEREAS, as of March 16, 2012, a total of $1,404.67 of City and School taxes were due on
property for tax years 20
WHEREAS, real property ac
WHEREAS, the City Chamberlain is authorized, without further Common Council action, to disp
acqui
WHEREAS, to properly market properties in the June auction, the City Chamberlain must subm
sold by auction in early May, and
WHEREAS, Section 1166(1) of New York Real Property Tax Law authorizes a taxing jurisdiction
real property by virtue of a foreclosure proceeding under that statute to sell and convey the
Item # 8 b
minimizing
administrative effort & transaction costs, maximizing the purchase price, and transparency and perceived fairness
the 203 Third Street
WHEREAS, public policy objectives are best achieved for disposition of 203 Third Street through a process that
ment the property
petitive RFP process; now, therefore, be it
pending transfer to
bject to advice of the City Attorney, is hereby authorized to enter into a property
mpetitive proposals for
a sales price at least equal to pay all
outstanding City, School and County taxes and any other City liens and all expenses of the City and IURA associated
with the conveyance, and be it further
RESOLVED ns of the property
transfer the IURA.
y – 701 Cliff Street –
or IURA for
development as for-sale taxable single-family home
nsfer)
ugh Foreclosure
considering conveyance of 701 Cliff Street, Ithaca, NY (tax parcel
#38.‐3‐7) to be acquired through tax foreclosure proceedings to Tompkins Community Action, Inc. to be used to
nt of Labor, and
, then the property
ied sponsor for residential
development subject to Common Council approval, and
WHEREAS, the proposed transfer of an approximately 12,600 sq. ft. parcel of land is an Unlisted action under the
City Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting
environmental review of proposed actions in accordance with local and state environmental law, and
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
public policy objectives such as increasing the tax base, expanding affordable housing opportunities,
of the process; and
WHEREAS, given the parcel’s small size and close proximity to existing single‐family homes,
property is most appropriate for development of a detached, for‐sale home, and
provides prospective buyers with an opportunity to submit proposals to acquire and redevelop
through an open com
RESOLVED, that the City Chamberlain is directed to withhold 203 Third Street from the auction
the IURA, and be it further
RESOLVED, that the Mayor, su
transfer agreement for 203 Third Street with the IURA for purposes of the IURA soliciting co
purchase and development of the property for a for‐sale, taxable, home with
, that the Mayor, subject to advice of the City Attorney and the terms and provisio
agreement, is authorized to convey quit claim deed for 203 Third Street to
b. Possible Tax Delinquenc
proposed transfer to TCAction contingent on use as YouthBuild site,
(lead agency, negative declaration, proposed authorization of tra
Proposed Resolution
Planning & Economic Development Committee
April 11, 2012
Authorize Conveyance to TCAction of 701 Cliff Street Property Acquired Thro
– Declaration of Lead Agency
Moved by Alderperson Murtagh; seconded by Alderperson Kerslick. Passed 5‐0.
WHEREAS, the City of Ithaca Common Council is
develop affordable housing as part of a YouthBuild project funded by the U.S. Departme
WHEREAS, if Tompkins Community Action ’s 2012 YouthBuild grant application is not funded
will be transferred to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualif
Item # 8 b
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be
RESOLVED, that the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental
oposed conveyance of the above listed real property to be acquired through tax foreclosure.
Proposed Resolution
ugh Foreclosure
Moved by Alderperson McCollister; seconded by Alderperson Rooker. Passed 5‐0.
NY (tax parcel
rough tax foreclosure proceedings to Tompkins Community Action Inc. (TCAction) to be
used to develop affordable housing as part of a YouthBuild project funded by the U.S. Department of Labor, and
2 YouthBuild grant application is not funded, then the property will be transferred to
development subject
WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental
proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted
isted Action under
view, and
has been provided to
no comments have been
City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed
and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2,
ca Urban Renewal Agency staff; now, therefore, be it
, that the City of Ithaca Common Council hereby determines that the above‐described proposed
conveyance of the 701 Cliff Street property acquired through tax foreclosure proceedings will result in no
rposes of Article 8 of the
State Environmental
Proposed Resolution
Planning & Economic Development Committee
April 11, 2012
Authorize Conveyance to TCAction of 701 Cliff Street Property Acquired Through Foreclosure
Moved by
WHEREAS, the City of Ithaca is in the process of acquiring the 701 Cliff Street property (tax parcel #38.‐3‐7) by tax
foreclosure through the City’s Tax Foreclosure Proceeding filed with the Tompkins County Clerk, and
it
review of the pr
Planning & Economic Development Committee
April 11, 2012
Authorize Conveyance to TCAction of 701 Cliff Street Property Acquired Thro
– Environmental Determination
WHEREAS, the City of Ithaca Common Council is considering conveyance of 701 Cliff Street, Ithaca,
#38.‐3‐7) to be acquired th
WHEREAS, if TCAction’s 201
the Urban Renewal Agency (IURA) for disposition to a qualified sponsor for residential
to Common Council approval, and
Ithaca
review of this proposed action, and
WHEREAS, such
Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unl
the State Environmental Quality Review Act (“SEQR”), both of which require environmental re
WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting information
the City of Ithaca Conservation Advisory Council for review of the proposed action and
received to date, and
WHEREAS, the
prepared by Itha
RESOLVED
significant impact on the environment and that a Negative Declaration for pu
Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the
Quality Review Act.
Item # 8 b
a total of $4,696.01 of City and School taxes were due on the 701 Cliff Street
WHEREAS, real property acquired by the City of Ithaca through foreclosure proceedings may be disposed of
ing, and
WHEREAS, the City Chamberlain is authorized, without further Common Council action, to dispose of properties
s, which auction is
and
properties to be
WHEREAS, Section 1166(1) of New York Real Property Tax Law authorizes a taxing jurisdiction vested with title to
real property so
eral, special or local
ch sale shall be
rity vote of the governing
e property is sold at a public
uction, (2) competitive
n‐profit organization for a specific end use, and each approach
housing
rchase price, and the
transparency and perceived fairness of the process; and
HEREAS, Tompkins County Action, Inc. (TCAction) intends to submit a YouthBuild grant application to the U.S.
WHEREAS, in YouthBuild programs, low‐income young people ages 16 to 24 work full‐time for 6 to 24 months
le housing, and
Build grant application,
rdable housing while young people
learn job skills and earn GEDs or high school diplomas serves a public purpose, and
WHEAS, providing enhances the strength of their
You ca; now, therefore, be it
RESOLVED, that the City Chamberlain is directed to withhold 701 Cliff Street from the auction and be it further
RESOLVED, that the Mayor, subject to advice of the City Attorney, is hereby authorized to enter into a sale
agreement for 701 Cliff Street with Tompkins County Action, Inc. subject to the following terms:
Sales price ‐ an amount sufficient to pay all outstanding City, School and County taxes and any other City
liens due and all out‐of‐pocket expenses associated with conveyance;
Land use – development of affordable housing as part of a YouthBuild project
WHEREAS, as of March 16, 2012,
property for tax years 2010 and 2011, and
through auction or directed sale to another party without advertising for bids or public hear
acquired through tax foreclosure through auction in conjunction with the County of Tompkin
scheduled for June, 2012,
WHEREAS, to properly market properties in the June auction, the City Chamberlain must submit
sold by auction in early May, and
real property by virtue of a foreclosure proceeding under that statute to sell and convey the
acquired, either with or without advertising for bids, notwithstanding the provisions of any gen
law, and
WHEREAS, Section 1166(2) of the New York Real Property Tax Law further provides that no su
effective unless and until such sale shall have been approved and confirmed by a majo
body of the taxing jurisdiction (except that no such approval shall be required when th
auction to the highest bidder), and
WHEREAS, the various methods available to dispose of tax foreclosed property include (1) a
RFP process, and (3) a directed sale to a no
optimizes different public policy objectives such as increasing the tax base, expanding affordable
opportunities, minimize administrative effort & transaction costs, maximizing the pu
W
Department of Labor that is due on May 8, 2012, and
toward their GEDs to high school diplomas while learning job skills by building affordab
WHEREAS, TCAction requires site control of a residential site to be competitive in the Youth
and
WHEREAS, utilization of 701 Cliff Street as a YouthBuild site for creation of affo
ER site control of 701 Cliff Street to TCAction significantly
thBuild grant application that will assist residents of the City of Itha
Item # 8 b
Seller continge is contingent upon approval of TCAction’s 2012 YouthBuild grant application, and
red to the Ithaca Urban
development of the
y for residential development with a sales price at least equal to pay all outstanding City, School and
ed with conveyance, and
RESOLVED, that the Mayor, subject to advice of the City Attorney and the terms and provisions of the sales
agreement, is authorized to convey quit claim deed of 701 Cliff Street.
ncy ‐ sale
be it further
RESOLVED, if the seller contingency is not satisfied, then 701 Cliff Street shall be transfer
Renewal Agency (IURA) for the purpose of soliciting competitive proposals for purchase and
propert
County taxes and any other City liens due and all expenses of the City and IURA associat
be it further
Item # 8 b
c. Possible Tax Delinquency – 116 North Titus –
allow to proceed to auction
Discussion:
The committee agreed to a transfer of INHS at a fair market value. Nels will put
together the resolution for the Council agenda.
d. 213-215 West Spencer Street –
oposed transfer to IURA for development as housing
ntal review, proposed authorization of transfer)
sed Resolution
Authorize Transfer to IURA of 213‐215 W. Spencer Street Property – Declaration of Lead
Moved by Alderperson Rooker; seconded by Alderperson McCollister. Passed 5‐0.
Street, Ithaca, NY (tax
Renewal Agency (IURA) for disposition to a qualified sponsor for
WHEREAS, as proposed, the IURA will solicit competitive proposals for purchase and development of the property
action under the
r conducting
al and state environmental law, and
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, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be
it
RESOLVED, that the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental
review of the proposed transfer to the IURA of the above listed real property.
pr
(lead agency, environme
Propo
Planning & Economic Development Committee
April 11, 2012
Agency
WHEREAS, the City of Ithaca Common Council is considering transfer of 213‐215 W. Spencer
parcels #93.‐7‐3 & 93.‐3‐5.1) to the Ithaca Urban
residential development, and
and develop a proposed property disposition for Common Council approval, and
WHEREAS, the proposed transfer of an approximately 20,700 sq. ft. parcel of land is an Unlisted
City Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established fo
environmental review of proposed actions in accordance with loc
Item # 8 b
solution
Planning & Economic Development Committee
Murtagh; seconded by Alderperson Kerslick. Passed 5‐0.
er Street, Ithaca, NY (tax
a qualified sponsor for
IURA will solicit competitive proposals to purchase and develop the property for a
and
for the environmental
review of this proposed action, and
land is an Unlisted
City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under
view, and
SEAF”) and supporting information has been provided to
the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been
ad Agency for the environmental review, has reviewed
and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2,
prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it
mon Council hereby determines that the proposed transfer to the IURA of
5 W. Spencer Street property will result in no significant impact on the environment and that a Negative
Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the
ct.
WHEREAS, the City of Ithaca Common Council is considering transfer of 213‐215 W. Spencer Street, Ithaca, NY (tax
parcels #93.‐7‐3 & 93.‐3‐5.1) to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for
residential development, and
WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real property at the highest
marketable price at public auction or by sealed bid, and
WHEREAS, pursuant to §507 of General Municipal Law, the City is also authorized to dispose of real property
through the Ithaca Urban Renewal Agency (IURA) to a qualified and eligible sponsor (aka preferred developer) to a
preferred developer (aka a “qualified and eligible sponsor”) at a negotiated sales price for a specific end use. A
Proposed Re
April 11, 2012
Authorize Transfer to IURA of 213‐215 W. Spencer Street Property – Environmental
Determination
Moved by Alderperson
WHEREAS, the City of Ithaca Common Council is considering transfer of 213‐215 W. Spenc
parcels #93.‐7‐3 & 93.‐3‐5.1) to the Ithaca Urban Renewal Agency (IURA) for disposition to
residential development, and
WHEREAS, as proposed, the
residential use and develop a proposed property disposition for Common Council approval,
WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead Agency
WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of
Action under the
the State Environmental Quality Review Act (“SEQR”), both of which require environmental re
WHEREAS, the Short Environmental Assessment Form (“
received to date, and
WHEREAS, the City of Ithaca Common Council, acting as Le
RESOLVED, that the City of Ithaca Com
the 213‐21
provisions of Part 617 of the State Environmental Quality Review A
Proposed Resolution
Planning & Economic Development Committee
April 11, 2012
Authorize Transfer to IURA of 213‐215 W. Spencer Street Property
Moved by Alderperson Kerslick; seconded by Alderperson Murtagh. Passed 5‐0.
Item # 8 b
publication of a notice disclosing the
WHEREAS, the 2012 City budget includes revenues of $120,000 from the sale of City properties, so purchase price
e City’s tax base, expand
Street through a
and development the
it
by authorized to enter into a property
. Spencer Street with the IURA for purposes of the IURA soliciting competitive
t of the property with the following guidance:
ible
• Tenure: for‐sale or rental housing
• Taxable status: taxable, and be it further
RESOLVED, that the Mayor, subject to advice of the City Attorney and the terms and provisions of the property
transfer agreement, is authorized to convey quit claim deed for 213‐215 W. Spencer Street to the IURA.
public hearing must be held on any IURA‐proposed property sale following
terms of the sale and Common Council approval of the proposed sale is required, and
is a consideration in selecting the method of disposition, and
WHEREAS, Common Council has an interest in post‐sale use of the property to enhance th
the supply of affordable housing, and compatibility with the surrounding neighborhood, and
WHEREAS, public policy objectives are best achieved for disposition of 213‐215 W. Spencer
process that provides prospective buyers with an opportunity to submit proposals to acquire
property through an open competitive RFP process; now, therefore, be
RESOLVED, that the Mayor, subject to advice of the City Attorney, is here
transfer agreement for 213‐215 W
proposals for purchase and developmen
• Sales price: seek fair market value
• Use: compatible residential development, including affordable housing if feas
Item # 8 b
ad agency, environmental review, proposed authorization of transfer)
d Resolution
ion of
by Alderperson Kerslick; seconded by Alderperson Murtagh. Passed 5‐0.
NY (tax parcel #122.‐
d disposition method to achieve a sale at the highest marketable
price, and
an Unlisted action under the
City Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting
w, and
ad Agency shall be
e action, and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be
it
mon Council does hereby declare itself Lead Agency for the environmental
proposed sale of 321 Elmira Rd. by public auction or an alternative authorized method to achieve a
sale at the highest marketable price.
April 11, 2012
Authorize Sale of 321 Elmira Road Property for Highest Marketable Price – Negative
Ithaca, NY (tax parcel #122.‐
2‐1) by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable
price, and
WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental
review of this proposed action, and
WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted
Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under
the State Environmental Quality Review Act (“SEQR”), both of which require environmental review, and
e. 321 Elmira Road – proposed public sale for highest marketable price
(le
Propose
Planning & Economic Development Committee
April 11, 2012
Authorize Sale of 321 Elmira Road Property for Highest Marketable Price – Declarat
Lead Agency
Moved
WHEREAS, the City of Ithaca Common Council is considering sale of 321 Elmira Road, Ithaca,
2‐1) by public auction or an alternative authorize
WHEREAS, the proposed transfer of an approximately 18,800 sq. ft. parcel of land is
environmental review of proposed actions in accordance with local and state environmental la
WHEREAS, State Law specifies that for actions governed by local environmental review the Le
that local agency which has primary responsibility for approving and funding or carrying out th
RESOLVED, that the City of Ithaca Com
review of the
Proposed Resolution
Planning & Economic Development Committee
Declaration
Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Passed 5‐0.
WHEREAS, the City of Ithaca Common Council is considering sale of 321 Elmira Road,
Item # 8 b
has been provided to
the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been
Lead Agency for the environmental review, has reviewed
and Part 2,
of 321 Elmira Road,
or an alternative authorized disposition method to achieve a sale at the highest
marketable will result in no significant impact on the environment and that a Negative Declaration for purposes of
Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State
Environmental Quality Review Act.
WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting information
received to date, and
WHEREAS, the City of Ithaca Common Council, acting as
and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant,
prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it
RESOLVED, that the City of Ithaca Common Council hereby determines that the proposed sale
Ithaca, NY by public auction
Item # 8 b
Economic
Development Committee April 11, 2012
ty of Ithaca Common Council is considering sale of 321 Elmira Road, Ithaca, NY (tax parcel
#122.‐2‐1) by public auction or an alternative authorized disposition method to achieve a sale at the highest
at the highest
of real property
ble sponsor (aka preferred developer) to
a preferred developer (aka a “qualified and eligible sponsor”) at a negotiated sales price for a specific end use. A
tice disclosing the
the proposed sale is required, and
WHEREAS, the 2012 City budget includes revenues of $120,000 from the sale of City properties, so purchase price
best achieved for disposition of 321 Elmira Rd. by seeking the
RESOLVED, that the Mayor, subject to advice of the City Attorney, is hereby authorized to enter into agreements
to dispose of 321 Elmira Rd. by public auction or an alternative authorized disposition method to achieve a sale at
the highest marketable price, and be it further
RESOLVED, that the Mayor, subject to advice of the City Attorney, is authorized to convey a quit claim or warranty
deed for 321 Elmira Rd. for a sale at the highest marketable price.
Proposed Resolution Planning &
Authorize Sale of 321 Elmira Road Property for Highest Marketable Price
Moved by Alderperson Rooker; seconded by Alderperson Dotson. Passed 5‐0.
WHEREAS, the Ci
marketable price, and
WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real property
marketable price at public auction or by sealed bid, and
WHEREAS, pursuant to §507 of General Municipal Law, the City is also authorized to dispose
through the Ithaca Urban Renewal Agency (IURA) to a qualified and eligi
public hearing must be held on any IURA‐proposed property sale following publication of a no
terms of the sale and Common Council approval of
is a consideration in selecting the method of disposition, and
WHEREAS, public policy objectives are
highest marketable price; now, therefore, be it
j
Item # 8 b
Item # 8 b
or commercial development
(lead agency, environmental review,)
Proposed Resolution
End of Cherry
8.25 acre parcel
ewal Agency to issue
to undertake an economic development project, and
y Street (Parcel A) to
of approximately 2.25 acres (Parcel B) to be retained by the
ated at Southerly End of
Type I action under the
City Environmental Quality Review Ordinance (CEQRO), and
that a Lead Agency be established for conducting
w, and
ad Agency shall be
primary responsibility for approving and funding or carrying out the action, and
WHEREAS, the City of Ithaca Planning & Development Board is an involved agency that has jurisdiction to fund,
a proposed action; now, therefore, be it
R haca Common Council does hereby declare its Intent to Declare Itself Lead Agency for
the en the proposed subdivision and transfer a portion of City‐owned land at the southerly
end of Cherry Street to the IURA.
Items
G. Approval of Minutes
H. Adjournment
Alderperson McCollister motioned to adjourn; seconded by Alderperson Kerslick.
Passed 5-0.
f. Cherry Street – Parcel 100.-2-1.2 –
proposed transfer to IURA f
Planning & Economic Development Committee
April 11, 2012
Authorize Subdivision and Transfer to IURA of 6 Acre Parcel at the Southerly
Street – Declaration of Intent to be Lead Agency
WHEREAS, the City of Ithaca Common Council is considering transfer of a 6 acre portion of the
located at the southerly end of Cherry Street (tax parcel #100.‐2‐1.2) to the Ithaca Urban Ren
an RFP for sale of the property to a purchaser committing
WHEREAS, the proposed subdivision will result in a 6 acre portion directly accessible to Cherr
be transferred to the IURA and a remainder parcel
City, as further shown on a “Survey Map Showing Lands Owned by the City of Ithaca Loc
Cherry Street”, prepared by T.G. Miller P.C., dated March 5, 2012, and
WHEREAS, the proposed subdivision and transfer of an approximately 6 acres of land is a
WHEREAS, State Law and Section 176.6 of CEQRO require
environmental review of proposed actions in accordance with local and state environmental la
WHEREAS, State Law specifies that for actions governed by local environmental review the Le
that local agency which has
pprove or undertake the
ESOLVED, that the City of It
vironmental review of
F. Discussion
Item # 8 c
City of Ithaca
Planning & Economic Development Committee
Wednesday, October 10, 2012 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Jennifer Dotson, Chair; Seph Murtagh, Graham
Kerslick, and Ellen McCollister
Committee Members Absent: Stephen Smith
Other Elected Officials Attending: Mayor Svante Myrick, and Alderperson Cynthia
Brock
Staff Attending: Phyllisa DeSarno, Deputy Director, Economic
Development; Lisa Nicholas, Senior Planner,
Department of Planning and Development;
Jennifer Kusznir, Senior Planner, Department
of Planning and Development; Debbie
Grunder, Executive Assistant, Department of
Planning and Development; Nels Bohn,
Director, Ithaca Urban Renewal Agency (IURA)
Others Attending: Tom West, City Engineering, Engineering
Department; Aaron Lavine, City Attorney; Gary
Ferguson, Ithaca Downtown Alliance, and
Heather Filiberto,
Chair Jennifer Dotson called the meeting to order at 6:08 p.m.
A. Agenda Review
Item # E2 will be briefly discussed, but no action will be taken. It will be forwarded to
ILPC for action.
B. Special Order of Business
Tom Newton, PO Box 216, Ithaca, spoke on behalf of the Waterfront project and the
changes in the Waterfront Zone. He distributed the decision that was made last year
at the Planning Board. He came seeking clarification to the Waterfront Zoning
changes.
Mickey Roof, property owner in the West End. She had questions regarding the
changes in the Waterfront zoning code. She asked for clarification of the
requirement of 63’ so her project can go through.
John Snyder, spoke regarding the Waterfront Zone. It is poor soil to work with. The
need for parking is crucial. Looking at using most of the first floor as parking but
the new zoning changes might complicate the project. He needs clarification.
Item # 8 c
Public Comment and Response from Committee Members
There was no response from committee members.
C. Announcements, Updates and Reports
1. Intermunicipal Planning Coordination
No new information on this topic to report.
2. Dredging / Hydrilla
Lisa Nicholas stated there would be an update in December on Dredging.
3. Emerson
No new information on this topic to report.
.
4. Commons
No new information on this topic to report.
5. Energy Action Plan
6. Collegetown Zoning
Graham stated that the Collegetown working group is focusing on the form
based code and __________
7. Parking Requirements (minimums and R1/R2 Updates)
No information to report on this topic.
Comment [jcm1]: See tape
Item # 8 c
D. Action Items
1. Neighborhood Improvement Incentive Fund (NIIF) (6:15 pm)
(Fall Creek Neighborhood Block Party: memo, application, resolution)
Item # 8 c
2. Site Plan Review Ordinance (6:20 pm)
(ordinance with non-substantive revisions)
The changes to the ordinance are from the last committee meeting and
discussions with the Board of Public Works.
Ellen stated that Cornell had made comments and asked whether they were
taken into account with these last revisions.
The Planning Board made the decision that Cornell’s comments didn’t
warrant making an additional change to the ordinance.
Lisa had two tiny changes – ask Lisa for these changes before going to the
December council meeting.
Item # 8 c
3. Historic Slate and Stone Sidewalks – Proposed Policy Change (6:25
pm) (resolution)
Chair Dotson stated the ILPC wants to weigh in on this topic before planning
committee acts on it.
Attorney Lavine stated that this came about because the City sidewalk crew
was at a loss when it came to replacing sidewalks when it involved slate
rather than concrete.
As sidewalk season is coming to an end, it is not crucial to act on this
resolution right now.
A permanent easement agreement will bring more assessed value in the City.
Per the county assessment office, if the easement stays separate, it will be
more valuable.
Graham asked about the existing bus shelter and what will happen to it.
Tom West answered that the developer and TCAT have been meeting and
agree with the new location.
Comment [jcm2]: Alderperson
Kerslick?
Item # 8 c
4. Hotel Ithaca – Use of City Land (6:35 pm)
(concept memo, map, lead agency resolution, neg dec resolution,
permanent easement agreement, resolution)
• Nels Bohn explained the project being on the end of the
Commons, it will encroach on City land and requires a
permanent easement approved by Common Council in addition
to the Board of Public Works.
Item # 8 c
5. Changes to Community Investment Incentive Program (6:50 pm)
(List of projects that have received abatements, list of community benefits
targeted in existing program, revised policy form/application, resolution)
Seph Murtagh asked if there are any other projects coming down the pike that
would be interested in this program.
Philly DeSarno stated that all new developments are looking for abatements
and all staff is very adamant that the projects are sustainable, etc.
Graham asked if we are asking ourselves whether the City is getting what it
needs.
Heather Filiberto stated that manufacture and business companies don’t see
a profit of any kind until after the first year. This is where the abatements help
to subsidize these costs.
The approval committee will consist of the City Mayor, Director of Planning
and Development, City Controller, and the Director of IURA.
Graham asked whether these projects could be denied even after the
developer completed all the requirements. Heather stated that any project
could be turned down.
Jennifer Dotson would like to see more incentive for more dense
development. Her example is the area of the City where Pudgies is located.
Three occupiable stories should be redefined. Should the percentage of the
property or project be changed?
Core urban areas of the City – Downtown, Waterfront, South West – these
boundaries were set due to low growth.
Philly DeSarno reported to the group that Bob Sweet, National Development
Council, has been asked to present as seminar to Council during the
November City Administration Committee Meeting.
It was decided that the City Controller would not be added to the approval
committee by this committee but rather the full Council.
Item # 8 c
A. Discussion Items
1. Agenda Planning – potential upcoming items
Landmarks ordinance, public art approval process, downtown density
zoning
Item # 8 c
B. Approval of Minutes
C. Adjournment (7:30 pm)
Graham Kerslick moved to adjourn; seconded by Murtagh. Meeting was
adjourned at 8:30 p.m.