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Home My WebLink About05-13-15 Planning and Economic Development Committee Meeting Agenda 4.. PEDC Meeting DATE: May 13 2015 n � Planning and Economic Development Committee Y , Ithaca Common Council TIME: 6pm LOCATION: 3rd floor City Hall Council Chambers AGENDA ITEMS Item Voting Presenter(s) Time Item? Start 1) Call to Order/Agenda Review No Seph Murtagh, Chair 6:00 2) Public Comment and Response from Committee No 6:05 Members 3) Special Order of Business a) Public Hearing: Proposal to Amend the MH-1 Yes 6:15 Zoning District b) Public Hearing: 2015 Action Plan Yes c) Special Presentation: Form Ithaca No C.J. Randall, Form Ithaca 6:25 4) Announcements, Updates, and Reports a) Commons Update No Staff 6:45 5) Action Items—Voting to Send on to Council a) Proposal to Amend the MH-1 Zoning District Yes Jennifer Kusznir, Planning Staff 7:10 b) Proposal to Withhold Properties Acquired through Tax Foreclosure from Public Auction (401 Lake Street, Lake Street, and Mulberry Street) Yes Nels Bohn, IURA 7:30 c) 2015 Action Plan Yes Lynn Truame, IURA 8:00 d) Resolution Opposing Underground Hydrocarbon Storage Adjacent to Seneca Lake Yes All 8:15 6) Discussion a) Incentive Zoning No Jennifer Kusznir, Planning Staff 8:30 7) Review and Approval of Minutes a) April 2015—sent under separate cover Yes All 9:00 8) Adjournment Yes All 9:05 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, May 12, 2015. FORM ITHACA PART 1: Character Preferences and Focus Areas 4 ^ F '7r r r �l v y M�4 H formithaca.org a ! : ,r+ l Z} a TB 1K- 'Jul yy AN Ira ■ This report summarizes the Form Ithaca Workshop hosted January 16, 2015, at the Tompkins County Library— plus field research, meetings, and design and planning work that occurred both before and after the Workshop. Form Ithaca is an initiative to help support the ongoing efforts of the City and Town of Ithaca, New York, to update land use regulations to meet the goals and objectives of their comprehensive plans. The project supports a full range of housing and lifestyle options within a framework that facilitates transportation choice, a reduction in greenhouse gas emissions, and a strong economy for the region. This report delves into the character of Ithaca's neighborhoods,what aspects resonate with Workshop participants, and how they could be supported with land use regulations. In addition, the report explores focus areas for development and places that could use special attention from a new code. Consultant Team: Better! Cities & Towns The New York State Energy Research and Development Authority is funding Robert Steuteville CNU-A Form Ithaca with matching resources from the Park Foundation, the City, Katie Stoner and the Town. Randall+West Planners Because Ithaca's success will come, partly,from how land use regulations and CJ Randall LEED ND development shape the community,this project offers exciting opportunities David West LEED AP for the City and Town. I feel privileged to be part of the Form Ithaca team and I look forward to more community comments and participation as we STREAM Collaborative move forward Noah Demarest AIA, RLA, LEED AP Key Advisors: Seth Harry and Associates Sandy Sorlien Jessica Millman Chuck Banas Chris Hawley 1 3 Why character is important t Ithaca The "character" of Ithaca's neighborhoods are key to their appeal. Character shapes people's activities and daily lives—such as how often they walk or ride a bike to destinations, and how often they use car-share or transit. Zoning and land use regulations shape the physical components of neighborhoods that contribute to character. Understanding how zoning affects character is therefore critical to quality of life and the future of Ithaca. The character of a place is often equated pride and place. Buildings,sidewalks, large swaths of homes at the same with specific architectural elements, a street trees, roadways and blocks work time.As a result,these neighborhoods particular historical style,or the manner together to create a public realm that are walkable and compact. Diverse in which a single use predominates is pleasant and inviting. Understanding residential buildings are located near an area. While these elements are exactly how these elements work together shops,restaurants,and other businesses. important,character is also shaped by in Ithaca is important in considering the relationship of buildings to streets. how to preserve the uniqueness of In cooperation with the city and town of Most importantly, the way buildings, existing neighborhoods and shape Ithaca, Form Ithaca hosted a Community yards, sidewalks, street trees and future neighborhoods. Character Workshop on January 16.At street widths create public space and this event, Ithacans worked together "outdoor rooms" defines character and creates places where people live, work, and play. Ithaca has a rich urban fabric and our Placemaking and neighborhoods have a strong sense of Local DNA pride and place. Placemaking is the art and craft of making people-centered public spaces. Creating unique places based on local Most of the City of Ithaca's neighborhoods to understand the past, present, and history,community assets, culture and were developed prior to the proliferation future of their neighborhoods. The enterprise has measurable positive of cars, and the dramatic changes purpose was to gather community input impacts on social interaction, public in planning that came into fashion to help write a code for the city and health, and economic stability. in the mid-20th century. Most of our town based on community character. neighborhoods also predate zoning and We are using the SmartCode,the most Ithaca has a rich urban fabric and our were built before the financial industry frequently used "form-based code," as neighborhoods have a strong sense of made it easy for developers to build a basis. The SmartCode is calibrated ,. aL M r. I 41 r r7 # r w ,41 .`s•1 r. 1 1.it .�e�• ► .�r \ f - .: Creating zoning that ref1`6cts each neighborhood's ` unique development-pattern will protect and ' . reserve neighborhood character. to local conditions based on physical surveys of Ithaca' neighborhoods, paying special attention to places that Ithacans find most appealing. Surveys document residential densities,block sizes,lot widths, thoroughfares (including posted speed limit), civic - spaces, lot occupation,setbacks, public and private frontages, and building shape, size, function, and disposition.The measurements help to define Ithaca's DNA; which in turn can shape a zoning code that allows the built environment to reflect both historic character and shared aspirations. Ithaca is made up of neighborhoods Ithaca is a collection of neighborhoods: places with r �, - �� • r �� -, their own character and culture. Neighborhoods have changed in character over the years. Many of the small shops that used to be scattered throughout the neighborhoods have disappeared, replaced by national chains along Route 13 and other locations. Manufacturing in neighborhoods, such as Morse Chain, Ithaca Gun, and Ithaca Calendar Clocks, has declined as well. However, many small businesses Mixed-use, walkable neighborhoods still thrive in the community and other forms of mixed-use, such as schools and churches, thrive. typically measure a quarter mile from center Neighborhoods are coming back in many ways. to edge, a distance that is called a "pedshed." As technology increasingly allows people to work The map above shows pedsheds in Ithaca's remotely from or near their homes,the market for a walkable areas, color-coded by type. car-free or"car-lite" lifestyle is growing. Studying and understanding Ithaca from a neighborhood perspective allows a nuanced approach to guiding future development and redevelopment. We can with more "modern," car-oriented development. identify key opportunities to reintegrate amenities Zoning was enacted to remove commercial and and housing choices into appropriate locations with industrial uses from neighborhoods.Diverse amenities sensitivity to the unique context of each place. within walking distance were not prioritized because automotive transportation was viewed as the inevitable wave of the future.Zoning was also used to separate Impact of zoning on character, housing types and classes in a hierarchy.Single-family community, and performance homes are allowed almost everywhere, duplexes are allowed in fewer places,and multifamily buildings are Zoning regulates what kinds of buildings can be limited to fewer areas still—with added restrictions. built in a particular area, how tall they can be, the Commercial and business development is separated sizes of lots that are allowed, what parts of a lot from most neighborhoods,though many people are can be covered and what uses are allowed. Since unaware of this because there is so much that has Ithaca has great neighborhoods, one may assume been "grandfathered" into existing locations. that the zoning that shaped those neighborhoods is great, but that is not necessarily the case. Most of Because current zoning was originally intended to Ithaca's neighborhoods and the features that make make neighborhoods more car-friendly, it includes up their unique character were designed and built provisions that negatively affect walkability and before zoning. character when new development does occur.Setbacks are one example. Historic development of walkable When zoning was developed, starting in the 1920s human scale streetscapes has very small setbacks; but really taking hold in the mid-20th Century, city yet, zoning in Fall Creek, Southside and Northside leaders sought to retrofit the historic neighborhoods requires that new development be set back from the 6 1 FORM ITHACA street significantly more than the surrounding historic Reflecting community values buildings. Imposing deeper setbacks weakens the The SmartCode helps address the community goals sense of an "outdoor room"as new buildings replace of a reduction in GHG emissions and vehicle miles r the old. Minimum lot sizes are also problematic. Most traveled, preservation of farmland and nature, and City and all Town residential zones require lots that increased tax base. Consultant engagement with are much larger than the fabric of the community's the city's comprehensive plan committee allows for historic neighborhoods. Traditional neighborhoods a holistic, integrated, and value-added approach. have a variety of lot sizes,creating different housing opportunities for people with different needs.When The City of Ithaca Comprehensive Plan draft Future large, uniform lot sizes are required, infill sites Population Scenarios forecasts the current 2010 city become more difficult to develop and new greenfield population rising from 30,014 to 46,240 by 2035, an development lacks the diversity and character that increase in the city's share of the county's population makes historic neighborhoods attractive. from 29.6 percent to 40 percent. This corresponds with the Regional Sustainability Plan's Land Use At the January 16,2015 workshop,the consultant team target of increasing the proportion of Southern Tier used interactive tools like brainwriting, pedestrian residents who live in existing cities and villages. shed delineation, and zoning character `trading cards'to enable participants to visualize and respond The Town of Ithaca adopted a new Comprehensive to how the community is changing. The interactive Plan in September,2014.The plan calls for preservation tools helped the participants understand metrics— of the Town's rural character through compact, like density, housing and transportation costs and mixed-use growth in three areas—one each on East diversity, and GHG emissions per household — of Hill, South Hill, and West Hill. various forms of growth. Ithaca Building Footprints -- Lot Coverage Violations - •- r Most of Ithaca's neighborhoods would not = - Buildings in red could not be allowed under current have been built y' „ under today's zoning code. zoning. 'A This map represents buildings that - exceed the allowed lot coverage in residential zones, this is just one of many zoning parameters that conflict with the built environment that N Ithacan's love. 0 0.25 0.5 Miles Randall-West 2013--NY Central State Plane I i i i -ell A r - y ` } ..: ` Mixed-use Main Street buildings create value and a sense of community, but they,`are not ~ - allowed in most neighborhoods because of , Y outdated zoning. DODD -rij* v - _ -- ��6ReYhY? # ,. 8 1 FORM ITHACA Workshop The SmartCode is a tool for preserving existing character and directing the new growth in a way that enhances community character. One of the SmartCode's strengths as an open-source zoning tool is its ability to be adjusted to reflect and respond to local character.The SmartCode is based on the Transect,a system to analyze and code land use patterns on a rural-to-urban continuum.A prototypical American rural-to-urban transect has been divided into six Transect Zones,or T-zones.This zoning system replaces conventional separated-use zoning systems that have encouraged a car-dependent culture and land-consuming sprawl. Parking lots and garages are placed away from the street and the mix of housing styles,types, and sizes allows for walkability and connectivity. The overall goal of the workshop was for participants to gain a thorough understanding of the project and how they can be involved. Working together, participants ants p weigh in on which development types contribute o positively to Ithaca's unique character and sort cards -� by development intensity. 1 9 Pre-Workshop Activities We invited the planning,zoning,and sustainability staff zoning map to consider focus areas for SmartCode from the City and Town of Ithaca to a pre-workshop implementation. SmartCode author Sandy Sorlien of staff retreat in downtown Ithaca on December 12. Philadelphia, Pennsylvania, presented examples of The retreat was well-attended by the respective how the SmartCode has been implemented across City and Town departments, and offered a chance a variety of locales nationwide. Earlier in November, for staff to interact and discuss big-picture planning SmartCode retail module author Seth Harry visited ideas in an organized but informal atmosphere.After Ithaca for a meeting with the Form Ithaca team to a bus tour around the city and town to examine local evaluate Ithaca's retail landscape and potential examples of development patterns and building future development. types, staff gathered around a large combined 1 City and Town of Ithaca Legend BUITdTng Types GOVERNMENT AND MILITARY _AGRICULTURE FOOD AND LIVESTOCK -HEALTTT AND MEDICAL BANKING AND FINANCE -INDUSTRY BUILDING GENERAL INFORMATION AND COMMUNICATION _COMMERCIAL AND RETAIL MAIL AND SHIPPING -EDUCATION PUBLIC ATTRACTIONS AND LANDMARK BUILDINGS. -EMERGENCY RESPONSE AND LAW ENFORCEMENT TRANSPORTATION FACILITIES ENERGY WATER SUPPLY AND TREATMENT 10 1 FORM ITHACA Workshop Participation Planning and development `trading We used many methods of participation during the card' activities workshop, including a process where participants were asked to become familiar with the characteristics We created two sets of planning and development of existing Ithaca neighborhoods and building types. trading cards: a set of building typology trading Another process asked participants to reply to a series cards and a set of neighborhood unit trading of three placemaking questions using "brainwriting" cards. Building typology trading cards illustrated the Brainwriting builds on the brainstorming process by characteristics of building types common in Ithaca. removing fear of evaluation through eliminating the Each 31/2" x 5" building type trading card included step by which participants publicly state ideas one the name of the neighborhood prominently placed at at a time. Participants are focused on the questions the top left hand corner along with a plan view map presented rather than extraneous chat. Workshop with amenities and diverse uses highlighted.Statistics attendees were asked to quickly(within two minutes) included lot size; lot coverage; frontage length; write down their ideas on three separate index front setback; stories; and housing units. To create cards about three pre-selected questions: 1) What an interactive planning and zoning experience for are your favorite places in the community and why?; practitioners and the public,we asked participants to 2) What's missing from Ithaca? — Draw on some of first decide whether the character of the development your favorite places around the country and world; was inherently compatible with Ithaca neighborhood 3) What are areas in the community you feel need characteristics; after eliminating the building types some work? (Participants turned their answers in not deemed representative of Ithaca,the participants and we compiled feedback from these questions; were asked to assign the remaining trading cards a that information is available below under the section Transect zone, following the local T-2 through T-6 'Lessons Learned')A brief discussion followed, based nomenclature. We have documented this process on what the participants wrote on the cards. in the following photos: uN r � ■ � �� 4 ul � � f � � i .� � n M ;�� -�� -� �� f` .a•, ��r7:: 1 � �. ,� ; �' � �-�' _ .��. � 9 -lea° `_ �' � �� r� � f ,�. s ��rx ,, _ 3 •s+ � e��a �4�. � Me 'r ., 3 .-r Ill d _ k _ e -.-- _ u ' o � 4 .f 12 1 FORM ITHACA Place-based trading cards illustrated the characteristics of Both the neighborhood and building type "trading cards" four neighborhoods centered around a pedestrian shed in engaged the participants, who were split up into four and around Ithaca: Deer Run, Northeast Ithaca,Southside, large (8+ person)tables,for about an hour and a half. We and the Village of Dryden. Each 81/2" x 11" neighborhood received helpful verbal and written feedback from these trading card included the name of the neighborhood at the activities. Participants followed up with suggestions, like top left corner along with a plan view map with amenities the following example,that inform our plans for expanded and diverse uses highlighted. Running along the right and targeted participation: "When we looked at the different side of the trading card are four `action shots,' character building types, we were only shown examples already photo examples from that neighborhood that illustrate within Ithaca. I suggest that you consider inclusion of types the building types of the community. Statistics included that we currently don't have, or have in just small supply, population; amenities; dwelling units/acre; Walk Score; such as:townhouses/row houses; low-rise 4-plex or 6-plex housing and transportation as a percentage of income; styles; "woonerf" styles where the "road" is more like a housing diversity; and carbon emissions in tons per shared driveway." household. To create an interactive planning and zoning experience for both practitioners and the public,we then clipped the pedestrian shed from the neighborhood trading cards for workshop participants to use as hypothetical overlays on areas of Ithaca targeted for redevelopment. We documented this process: Dry 1�oYtheaSt SOLJthsi Cie r�1�l. 3 `N4f A- Ur►� ter,, Ye Pulation:687 A menities: ro sho 4 czr,c t , schools,resta bar pharmacY,lib, shipping gA7 Macre: att ropu�ation- azK 2.75 b h—I t es p Walk S ars A choors ers,co wren" core:57. Aark har_ test fee ustn D��acze-21 Somewhat Walkable D entertai cy lfbra Urants rr 9z3o of c 1, Some errands can b (Jiacre rymeht rY, z artspc tncorn Sc" dent mplished W 6 4.cf rtatto e leper on toot a .4. Caz_ Very Score B Nowt the°rhe Costs 30%ot iTcoi� Most Walkabt6 4Y^e ofn96Tr \S: xo„�zn9 accOjt+AG'shes an b yousiryg'D nc�Orhe nsAottattbh. ,�.... a°n"'ot Ble f,e "eysity: arn"VhorhePtekes s p c�oo�Q house!�t�tohsAer to 16 0 P Se e i�, e ' Imt��b� ^ral oizP � � o ear' 1 13 Lessons Learned Feedback It's a primary recreational spot. Much of the day-to-day Participants provided comments and questions after businesses is transacted there. But vacant buildings the workshop via email, such as the comment in the like the old Tompkins County Library and the Masonic previous paragraph.The next event will be a "charrette" Temple,and vacant storefronts on The Commons rob or intense multi-day planning workshop to be held in the downtown of vibrancy, many residents feel. The early June of 2015. During this event we plan to identify downtown could be improved with more general retail, missing development forms and include measured more residents, and more liveliness at night. character examples from other places. Ithaca's neighborhoods are tremendous assets, The following is participant feedback collected from particularly their diverse character, historic homes, the "brainwriting" index cards: small-scale gathering spots,and walkable scale. More "third places" and corner stores could improve these The Route 13 corridor is both a problem and opportunity, neighborhoods in many cases, residents feel. "There's according to citizens and stakeholders.The waterfront, no small commercial gathering place on West Hill—it Stewart Park, Cass Park,the Waterfront Trail,the Ithaca needs a Gimme Coffee equivalent,"says one resident. Farmer's Market, and important stores like Wegman's "South Hill needs a grocery store," notes another. Many are located on the west side of the highway. Most residents appreciate easy access to small-scale retail residents live on the east side. "Barriers like Route and mixed use, in neighborhoods like Fall Creek and 13 need to be overcome," says one resident. "Better Northside, and downtown. crossings could weave communities together." Connections on foot and by bicycle are valued in Ithaca. In our informal survey, Route 13 was frequently cited as Residents would like more of these connections in places a problem and an opportunity for growth. "The Route like the Southwest, the West End, and across Route 13 corridor doesn't have to be suburban form—it could 13. Most comments relate in some way to walkability be more urban, pedestrian-oriented," and "Route 13 in neighborhoods, downtown, across corridors, and shopping could be more mixed-use and walkable," connecting to nature. are typical comments. The waterfalls and gorges are huge assets—particularly By making the road more pedestrian friendly, residents Ithaca Falls, Cascadilla, and Six Mile Creek, which would be connected to the city's greatest natural asset, residents can easily reach in a few minutes on foot. the lake. Residents call for"lakefront access,"an "urban In the Town of Ithaca, Forest Home is singled out as waterfront," "restaurants on the water," "waterfront neighborhoods," and a "waterfront district with cafes/ �! bookstores/mixed-use, and the density to make that ?=® happen" Says one resident, "I miss having a good connection to the lake." ' The West End, where Route 13 is split into Meadow and Fulton streets, "could be cool some day. It has a ton of potential but is so pedestrian unfriendly." Inlet Island is underutilized. The coordination,and quantity, of traffic lights may add to automobile congestion. One resident of West Hill notes that"when the signals are out,traffic flows better." Downtown is a favorite place for many Ithacans. The Commons, Restaurant Row,and the area around Dewitt Park were singled out as places of particular importance. Downtown is the community's chief gathering place. 14 1 FORM ITHACA Favorite Places v place Si 'S'IeCrecl�� ,.,I I Aurora t Il natureltnacar AS =° StewartPa' rk",71-. ve s�xi-1 Scommunity 5autlUjpMSuScutIaihde b C iaGorge Commons people �d ntown Park g OW R estaurantF Qv architecture great C� 0 U Hundreds of responses to the brain writing activity have been archived digitally. To briefly understand the most significant responses we have created word clouds of the top 50 responses for Favorite Places and Places That Need Work. Text size is relative to how frequently each word or phrase was repeated by multiple respondents. Responses were minimally edited to use consistent language when referring to the same location, for example Restaurant Row was inserted whenever a respondent mentioned the block of Aurora St. between State and Seneca. Places That Need Work tuLkiing Sidewalks'ccnnect land- pedestrian, walkable 111ccllic shc�gp>�tg Cityneed [e4A.'[{Erark, Y alkability uthHi1 "' eate&ont area areas auth Town Police ommunityRelatiom W et nd awuneedyAffordableHousin housing BikeInfiastructuremany Ccommercial n across corridor date& build Wesfflill Routei empty 1 15 a striking, appealing community. Many cite the natural assets of the town—the farms, The Plantations, and farm stands— as important. Problems noted include sprawl and limited public access to the lake. East Hill Plaza is an opportunity for mixed-use development. The universities are assets to many—particularly East Hill with its intellectual life and adjacent neighborhoods like the 1920s Belle Sherman area, Collegetown, and gathering places like the Chapter House. Many residents call for more affordable housing—in particular housing that is integrated into existing neighborhoods and amenities. Transit access to West Village is problematic, one resident notes. More diversity in housing is missed. Residents mentioned condominiums, townhouses and rowhouses, bungalows, duplexes and other multiplexes, stacked flats, and apartments in short supply. More frequent transit and better connections to outlying areas is desired. Examples of Positive Character Workshop participants rated places highly when they had: -- Shallow Setbacks Small Lots High Lot Coverage Pedestrian Scale Detail ` Neighborhood Retail Walkable Streets Relatively Dense and Diverse Housing Workshop participants rated places poorly when they had: Off street parking along the sidewalk - X Deep Setbacks i = Large Lots Low Lot Coverage i Monoculture Development Auto-Dependent Strip Retail 16 1 FORM ITHACA Mixed-use development focus areas The project team used a multifaceted approach to create 3) Danby Road and King Road. This lower-intensity focus the map of development focus areas.These are the areas area is centered on an important gateway to the community of the City and the Town where mixed-use development near Ithaca College. is desired and most likely to occur—and therefore are places of special attention for code reform. In this report, 4) Cayuga Medical Center.This lower-intensity mixed-use the mixed-use development focus areas map is a draft— focus area is adjacent to the county's fifth-largest employer. subject to refinement, if necessary, based upon further input from citizens and community leaders. 5)Waterfront District.This higher-intensity mixed-use area is among the most promising sites for development in the city, The city's draft Comprehensive Plan and the Town's centered along the waterfront and Route 13.The attention of adopted Comprehensive Plan are the documents that Workshop participants gravitated to this area. set the parameters for this work. The city's plan calls for significant mixed-use growth in its existing mixed-use 6) Inlet Island/West End. This area already has significant centers of downtown (including the State Street corridor), mixed-use and is becoming more diverse. Workshop and Collegetown.Additional mixed-use growth is called for participants viewed this area as having tremendous potential along the Route 13 corridor from Southwest to the waterfront for higher-intensity mixed-use development. area. The town's plan calls for areas of higher density on East Hill near Cornell University and South Hill near Ithaca 7) Meadow Street/Old Elmira Road.This commercial area College, and medium density walkable development on is beginning to attract new development and is an area West Hill, some adjacent to Cayuga Medical Center, the where the city's draft Comprehensive Plan calls for more county's fifth largest employer. residential. The city recently invested in streetscape infrastructure along Old Elmira Road. The team conducted field research with mixed-use development expert Seth Harry, who was active in the 8)Southwest Development Area.This area behind Walmart January 16 workshop. In addition,a bus tour on December and Lowe's has long been slated for development. 12 with City and Town planning staff toured potential areas of growth and focus areas for SmartCode implementation. This map provides a framework for the SmartCode process but also, potentially, clarifies future development patterns During the January Workshop, participants placed in Ithaca's urbanized area in a way that could guide hypothetical overlays of four different development infrastructure investment that boosts quality of life. patterns,two mixed-use and two single-use. Participants overwhelmingly preferred the mixed-use patterns, one lower intensity and one higher intensity. In the map at right we see the outcome of this process. The gray areas are the existing urban centers of downtown and Collegetown. The black concentric circles are eight potential mixed-use focus areas—four are in the city,three are in the town, and one is shared between the city and the town. 1) East Hill Plaza.This high-intensity mixed-use focus area is adjacent to Tompkins County's major employer, Cornell University. Cornell has located some of its facilities in this shopping area that includes a supermarket and other neighborhood-serving shops, businesses,and restaurants, and a hotel. This area could be transformed into a walkable urban center with a significant residential component. 2) Chain Works District. This lower-intensity mixed-use focus area is centered on the redevelopment of Ithaca's largest former industrial site, a prime location between downtown and Tompkins County's second largest employer, Ithaca College. r � _ f. a j C l Town of Ithaca City of Ithaca 1/2 1/2 1/2 1. East Hill Plaza 2. Chain Works District 2. Chain Works District 5. Waterfront District 1/4 1/4 1/4 3. a King Road Intersection 6. Inlet Island/West End C 4. Cayuga Medical Center 7. Meadow Street/Old Elmira Road 8. Southwest Development Area 0 MILES 0 MILES 0 MILES LOWER INTENSITY HIGHER INTENSITY EXISTING MIXED-USE MIXED-USE FOCUS ARE A MIXED-USE FOCUS AREA 18 1 FORM ITHACA f Next S Plans for expanded and targeted participation The next major event in the development of a better zoning code for the City and Town of Ithaca will be a 4-day long intensive"charrette"focused on key areas for the new mixed-use centers that were identified in the I� January 16th Community Workshop.The charrette is a dynamic collaborative process that brings together representatives from a mix of established planning, architecture, engineering, and development disciplines. This process is open to all members of the community, regardless of expertise. It helps to bring out the generalist in practitioners, and gives the public - the benefit of expert opinion in an open, inclusive forum. _ — t A charrette is divided into two phases: creative phase and the production phase. The creative phase includes a host of community engagement techniques including a welcome message from the city mayor and town supervisor, respectively, prior to presentations giving an overview of the entire project process and important existing conditions.We anticipate that the charrette will be held at a highly visible public location refashioned as a `studio.' In the lead up to the charrette, the Form Ithaca Team will be meeting frequently with neighborhood groups and other local organizations. These meetings are an opportunity to build support for better zoning and a chance for the team to hear concerns and new ideas that can be --� incorporated into the code. Form Ithaca will be working closely with city and town staff to develop draft definitions of each zone based on the historic fabric of Ithaca's neighborhoods. These definitions will be the '��_ starting point for more specific urban design and planning work for new =— and existing neighborhoods during the charrette process. _ Once we have a draft code, Form Ithaca is planning a `Crack the Code' event,where the public and planning design practitioners are invited to a _ --w- public event to test the worst development possible under the proposed a+r' guidelines. Participants will be encouraged to `crack the code' —to find gaps in the existing and proposed zoning code that permit undesirable community character. This participation helps further the production of a i feasible,working code developed in an engaging,transparent, interactive, n and even fun environment. It allows for the public review of the zoning code's strengths and weaknesses and promotes the assessment of the code in relation to the respective comprehensive plans. Presentation of character examples alongside the code increases confidence that the renderings are representative examples of what may actually get built. Examination of the proposed zoning on a constrained 1 4 site, balanced alongside factors such as market conditions, is essential in a project that seeks to connect sustainability metrics to fundamental aspects in design of the built environment. ;. dr 5. lo Yw ��J s .`•!,•"€'' � tidy'. .a AMK 'Ito IL vt r yr c' _ - � , , �w -'��+� � �' �".[r' i i r •*.}.r�la ��+_•ram f.• f �1 1 There are a number of ways you can ask questions and share your thoughts about the Form Ithaca project, including sending us a message or contacting your local municipal planning staff and representatives. Better Cities &Towns Robert Steuteville, Executive Director (607) 275-3087 mail@newurbannews.com Better Cities & Towns 218 Utica St. Ithaca, NY 14850 You can also call or write your local planning staff and/or representatives: Town of Ithaca Susan Ritter, Director of Planning (607) 273-1736 x120 Town Hall 215 North Tioga St Ithaca, NY 14850 City of Ithaca JoAnn Cornish, Director of Planning & Economic Development (607) 274-6550 City Hall 108 E. Green Street Ithaca, NY 14850 June 3-6, 2015 Focus Area Planning Charrette September 2015 Consultant Presentations to City and Town December 2015 Anticipated City Common Council and Town Board formal acceptance of draft zoning report Early 2016 Formal municipal review process of re-zoning gets underway HFi formithaca.org CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 DEPARTMENT OF PLANNING,BUILDING,ZONING, & ECONOMIC DEVELOPMENT Division of Planning& Economic Development JOANN CORNISH,DIRECTOR OF PLANNING&ECONOMIC 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 and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: February 19, 2015 Re: Proposal to Amend Setback Requirements in the MH-1 Zoning District The purpose of this memo is to provide information regarding a proposal to amend the setback requirements in the MH-1 zoning district. The City of Ithaca has one area zoned for mobile homes, Nate's Floral Estates, located in the Southwest Area of the City. Increased property taxes, the scarcity of quality affordable housing, and the desire to live in the City, have created a renewed interest and demand for mobile home sites. The current MH-1 Zoning District has a restriction that states "For mobile home parks: No mobile home lot shall be located within 50 feet on any existing public way, nor within 30 feet of any other existing property line. " (Italics added for emphasis.) As part of the approved site plan for Lowe's, Benderson, the property owner, was required to place and maintain a wood fence along its northern property line (Nate's southern property line). Additionally, there is an approximately 60 foot wide vegetated storm water retention swale on the Lowe's side of the fence. This vegetated swale and fence create a visual buffer between the commercial property and Nate's,the original intent of the restriction in question. Staff is proposing that the requirement that does not allow a mobile home within 30 feet of any other existing property line be eliminated and to the rear yard setback be reduced from "20% or 25 feet, but not less than 20 feet" to a 10 foot minimum. This would allow several more mobile homes to be added to the park along the southern property line. (See attached map.) This proposal was previously discussed at the April Planning and Economic Development meeting. At that meeting staff was directed to draft and circulate the ordinance for comments. At the request of the Committee an environmental review of this action has been completed, and the draft Short Environmental Assessment Form and ordinance are enclosed. The proposed ordinance and environmental assessment have been circulated to the City Planning Board, the Conservation Advisory Council, the Board of Zoning Appeals, the Tompkins County Planning Department and various other City staff and departments. Enclosed are comments that have been received from the County, which states that this action is not expected to have inter-municipal or countywide impacts. Also enclosed for your consideration is a resolution establishing lead agency for this action and a resolution for environmental significance. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. Draft Resolution 5/7/15 An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled "Zoning" to Amend the Setback Requirements of the Mobile Home (MH-1) Zoning - 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 zoning amendment is an "Unlisted" Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to Amend the Setback Requirements of the Mobile Home (MH-1) Zoning District in Order to Reduce the Rear Yard Setback Requirement to 10' and to Elminate the Requirement that States that No Mobile Home May Locate Within 50' of Any Existing Right of Way or Within 30 Feet of Any Other Property Line amend the I-1 zoning district in order to require a minimum of two stories for new non-industrial construction. Draft Resolution 5/7/15 An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325 , Entitled "Zoning" to Amend the Setback Requirements of the Mobile Home (MH-1) Zoning - Declaration of Environmental Significance 1 . WHEREAS, The Common Council is considering to amend the MH-1 zoning district in order reduce the rear yard setback requirement to 10' and to eliminate the requirement that states that no mobile home may locate within 50' of any existing right of way or within 30' of any other property line, and 2 . WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF) , dated April 22, 2015, and 3 . WHEREAS, the proposed action is a "Unlisted" Action under the City Environmental Quality Review Ordinance, and 4 . WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it 1 . RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated April 22, 2015, and be it further 2 . 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 3 . 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. CITY OF ITHACA SHORT ENVIRONMENTAL ASSESSMENT FORM (SERF) �baPoedii%'� Proiect Information (to be completed by applicant or project sponsor) 1. Applicant/Sponsor: City of Ithaca 2. Project Name: Amendment to Setback Requirements in MH-1 Zoning District 3. Project Location: MH-1 Zoning District 4. Is Proposed Action: 0 New O Expansion 2 Modification/Alteration 5. Describe project briefly: Proposed amendment is to eliminate the front yard setback requirement in the MH-1 district that states that mobile homes cannot locate within 50 feet of any public right of way or within 30 feet of any other existing property line; and to also reduce the rear yard setback to a 10-foot minimum 6. Precise Location (road intersections, prominent landmarks, etc., or provide map): MH-1 Zoning District 7. Amount of Land Affected: Initially: —30 Acres Ultimately: —30 Acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? 0 Yes 0 No If no, describe briefly: Action is an amendment to the current zoning requirements 9. What is present land use in vicinity of project: ❑ Residential Q Industrial O Agricultural ❑ Parkland/Open Space 0 Commercial O Other Describe: 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency (federal/state/local): 0 Yes O No If yes, list agency name and permit/approval type: Common Council Adoption 11. Does any aspect of the action have a currently valid permit or approval? O Yes Q No If yes, list agency name and permit/approval type: 12. As a result of proposed action, will existing permit/approval require modification? O Yes Q No I certify the information provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: '` - DATE: 4/22/15 PREPARER'S TITLE: Senior Planner REPRESENTING: —City of Ithaca SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff In order to answer the questions in this Short Environmental Assessment Form(SEAF),the preparer is to use currently available information concerning the project and the likely impacts of the action. Yes No 1. Will project result in a large physical change to the project site or physically alter ❑ X more than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any ❑ X site designated a unique natural area or critical environmental area by a local or state agency? 3. Will the project alter or have any effect on an existing waterway? ❑ X 4. Will the project have an impact on groundwater quality? ❑ X 5. Will the project affect drainage flow on adjacent sites? ❑ X 6. Will the project affect any threatened or endangered plant or animal species? ❑ X 7. Will the project result in an adverse effect on air quality? ❑ X 8. Will the project have an effect on visual character of the community or scenic views ❑ X or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic,pre-historic, or ❑ X paleontological importance or any site designated a local landmark or in a landmark district? 10. Will the project have an effect on existing or future recreational opportunities? ❑ X 11. Will the project result in traffic problems or cause a major effect to existing ❑ X transportation systems? 12. Will the project cause objectionable odors,noise, glare,vibration, or electrical ❑ X disturbance as a result of the project's operation during construction or after completion? 13. Will the project have any impact on public health or safety? ❑ X 14. Will the project affect the existing community by directly causing a growth in ❑ X permanent populations of more than 5 percent over a one-year period OR have a negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning theproject? ❑ X If any question has been answered YES, a completed Full Environmental Assessment Form(FEAF) is necessary. PREPARER'S SIGNATURE: - DATE: 4/22/15 PREPARER'S TITLE: _Senior Planner REPRESENTING: City of Ithaca ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED "ZONING" IN ORDER TO AMEND THE REQUIRED REAR YARD SETBACK IN THE MH-1 ZONING DISTRICT WHEREAS,the City of Ithaca has one area zoned for mobile homes,Nate's Floral Estates, located in the Southwest Area of the City, and WHERAS,the current MH-1 Zoning District restricts mobile home parks from locating any new mobile homes within 50 feet on any existing public way or within 30 feet of any other existing property line, and WHEREAS, when the MH-1 district was established the required setback was intended to create a visual buffer between the commercial property and the mobile home residential area, and WHERAS, as a part of the approved site plan for Lowe's, Benderson, the property owner, was required to place and maintain a wood fence along the property line between Nates Floral Estate, with an additional 60 foot vegetative storm water retention swale on the commercial side of the fence, and WHEREAS, the vegetated swale and fence create a visual buffer between the commercial property and Nate's, and WHEREAS, increased property taxes, the scarcity of quality affordable housing, and the desire to live in the City, have created a renewed interest and demand for mobile home sites, and WHEREAS, given that physical buffers exist to provide visual protection to the residential area from the commercial district, and given that there is a high demand for additional mobile homes on the one mobile home park in the City, Planning staff has recommended removing the additional setback requirement and reducing the rear yard setback requirement to 10', therefore 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 325-8, of the Municipal Code of the City of Ithaca is hereby amended in order to amend the district regulations chart, column 11, yard dimensions, in order to eliminate the front yard setback requirement in the MH-1 district, that states that no mobile home may be located within 50 feet of any existing public right of way or within 30 feet of any other property line; and to amend column 14/15, rear yard setback in order to reduce the required setback from 200 or 25' to 10' in the MH-1 zoning district. 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. 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'• • • • Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Ithaca,New York 14850 Edward C.Marx,AICP Telephone(607)274-5560 Commissioner of Planning Fax(607)274-5578 May 7,2015 Jennifer Kusznir,Economic Development Planner Department of Planning and Development City of Ithaca 108 East Green Street Ithaca,NY 14850 Re: Review Pursuant to §239-1 and-m of the New York State General Municipal Law Action: Proposal to Amend Setback Requirements in MH-1 Zoning District Dear Ms.Kusznir: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239-1 and-m of the New York State General Municipal Law. The Department has reviewed the proposal,as submitted, and has determined that it has no negative inter- community, or county-wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, t Edward C.Marx,AICP Commissioner of Planning Inclusion through Diversity DRAFT Action Plan 2015 HUD Entitlement Program,City of Ithaca, NY Last updated 4127/15 Funding FUNDING Project Sponsor Request Match 2015 CDBG 2013 CDBG 2012 CDBG 2014 CDBG PI 2015 CDBG PI 2015 HOME Total Summary Description $671,646 $37,868.27 $6,000.00 $11,636.61 $120,000.00 $368,661 $1,215,812 1 210 Hancock Street Ithaca Neighborhood $457,326 $16,828,29 $140,158.68 $120,000.00 $197.167.32 $457,326.00 Housing ServicesINHS Construct 11 new affordable rental housing units as part of a planned 53 unit projec 2 Mini Repair Program 2015 INHS $35,000 $58,128 $35,000.00 $35,000.00 Small emergency repairs for 45low-income seniors and people with disabilities 3 Security Deposit Assistance Program Catholic Charities $41,832 $0 $40,000.00 $40,000.00 70 security deposits for low-income tenants 4 Housing Scholarship Program Learning Web $24,600 $55,300 $24,600.00 $24,600.00 Tenant-based rental assistance for 8 homeless youths 5 Housing First TCAction $30,000 $10,922 $30,000.00 $30,000.00 Security deposit,rental and utility assistance for 4 homeless households 8 Temporary Ramp Loan Program Finger Lakes Ind Ctr $10,000 $7,000 $14,000.00 $6,000.00 $20,000.00 Ramps to provide access for 3 disabled households 3.a.HOME unit inspections for Security Deposits TCAction $0 $4,000.00 $4,000.00 HOS inspections for 35,non-section 8 units receiving security deposit assistance no 9 rHo.pt.aI,1yF.'p!yment Training Program Greater Ithaca Activities $109,417 $15,545 $73,912.12 $23,868.27 $11,636.61 $109,417.00 Job training and paid work experience for 16 individuals with employment barriers, Center(GIAC) job placements for at least 4 individuals 10 Work Preserve Job Training Program Historic Ithaca $87,500 $75.500 $87,500.00 $87,500.00 Training in job readiness skillls for 20 individual,entry level job placements forat lea t 3 individuals 11 Spencer Road Sidewalks City of Ithaca $100,000 $90,000 $100,000.00 $100,000.00 Provide a safe pedestrian connection from Spencer Rd to the City's network of Sidewalks 14 2-1-1/18R Service Human Services Coalition $20,000 $201,830 $20,000.00 $20,000.00 Support for the 2-1-1 Call Center 15 Building for the Future Southside Comm Ctr $28,292 $16,000 $23,577.00 $23,577.00 Provide hardware and software for computers used in computer lab to serve 25 LMI individuals 16 Immigrant Services Catholic Charities $16,000 $21,455 $16,000.00 $16,000.00 Case management for 80 immigrants to access employment,services,legal aid,et 17 A+Tuition Assistance BJM Enrichment Program $27,410 $131,875 $17,410.00 $17,410.00 Scholarships for 10 academically vulnerable BJM students to attend Academic Plus 20 ReSET Job Training Expansion Finger Lakes ReUse $75,015 $154,447 $23,759.00 $23,759.00 Training for 45 individuals in basic skills in technology and construction fields,paid apprenticeships for 3 individuals 22 CDBG Admin. IURA $134,329.20 $0 $134,329.20 $134,329.20 Planning,administration and monitoring for the CDBG program 23 HOME Admin. IURA $36,866.10 $0 $36,866.10 $36,866.10 Planning,administration and monitoring for the HOME program Totals: $1,233,587 $17,666,301 $671,646.00 $37,868.27 $6,000.00 $11,636.61 $120,000.00 $332,633.42 $1,179,784.30 $0.00 $0.00 $0.00 $0.00 $36,027.58 unallocated Minimum Required Set-aside of HOME funds for CHDO Activities: $55,299.15 CDHO Set-aside Funding(INHS 210 Hancock): $197,167.32 CHDO Setaside compliance: Y/N Proposed Resolution Planning & Economic Development Committee May 13, 2015 2015 Action Plan— HUD Entitlement Program WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of funds to address community development needs through the U.S. Department of Housing & Urban Development (HUD) Entitlement program from the Community Development Block Grant (CDBG) program and the Home Investment Partnerships (HOME) program funding sources, and WHERAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer, implement and monitor the City's HUD Entitlement program in compliance with all applicable regulations, and WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access HUD Entitlement program funding allocated to the City, and WHEREAS, the 2015 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2015 HUD Entitlement program allocation and associated funds administered by the IURA, and WHEREAS, funding available to be allocated through the 2015 Action Plan funding process is anticipated to include the following: $671,646.00 CDBG 2015 allocation $37,868.27 CDBG 2013 carryover $6,000.00 CDBG 2012 recaptured funds $11,636.61 CDBG 2014 carryover program income $120,000.00 CDBG 2015 projected program income $368,661.00 HOME 2015 allocation $1,215,811.88 Total, and WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2015 Action Plan in accordance with the City of Ithaca Citizen Participation Plan, and WHEREAS, at their April 2, 2015 meeting, the IURA adopted a recommended 2015 Action Plan; now, therefore, be it RESOLVED, that the Common Council for the City of Ithaca hereby adopts the IURA-recommended 2015 Action Plan, dated April 2, 2015 for allocation of the City's 2015 HUD Entitlement Program award along with additional funds listed above totaling $1,215,811.88, and be it further RESOLVED,that the Urban Renewal Plan shall be amended to include activities funded in the adopted 2015 Action Plan. j:\community development\entitlement grants\cdbg 2015\action plan\reso p&ed adopt 2015 action plan 5-13-15.doc Resolution of the City of Ithaca's Natural Areas Commission Approved unanimously on May 5, 2015 Natural Areas Commission Recommendation to Withhold Certain Properties Acquired Through Tax Foreclosure from Public Auction WHEREAS, the Natural Areas Commission (NAC)for the City of Ithaca is charged with advising various City entities (including "the appropriate committee of Common Council") of threats to the natural areas of the City, as well as opportunities to improve their protection; and WHEREAS, the NAC is aware that three properties adjacent to designated natural areas in the City are subject to imminent foreclosure for non-payment of taxes: -Tax Parcel 110-5-9 (vacant; entirely surrounded by the Six Mile Creek Natural Area); -Tax Parcel 12-1-1 (vacant; adjacent to Lake Street and the Ithaca Falls Natural Area); and -Tax Parcel 12-1-2 (includes house; adjacent to Lake Street and the Ithaca Falls Natural Area); and WHEREAS, regarding the properties adjacent to the Ithaca Falls Natural Area, the NAC has concerns based on the following: 1. Ithaca Falls is the City's iconic front door-a premier natural attraction and a perennial favorite destination for neighbors, other local residents,visitors and tourists. 2. The City is in process of undertaking enhancements intended to improve the accessibility and functionality of the Lake Street entrance to the Ithaca Falls area. Proposed work includes adding a concrete walkway and falls overlook, installing metal guardrails behind the existing stone retaining wall, installing a movable gate to discourage access to the Falls itself during times when it could be unsafe, replacing the existing bike racks, adding an accessible curb ramp, improving the landscaping, and other site improvements. In order to secure this investment, the immediately surrounding and visible land should be protected, including the viewshed of the Falls overlook. 3. The City,Tompkins County and New York State have all recognized the value, importance and ecological sensitivity of Ithaca Falls and the broader Fall Creek corridor, by supporting designation of the corridor as a Recreational River, by designating much of the corridor as a Unique Natural Area, and, in the City's case, by purchasing or otherwise acquiring a number of properties within the corridor, including the dramatic overlook area to be created on the "island" between Fall Creek and the former raceway, on the former Ithaca Gun site. In addition,The 2020 Tompkins County Strategic Tourism Plan emphasizes the key role that local gorges, creeks and waterfalls play in bolstering the local tourism economy. 4. The City's draft, new Comprehensive Plan calls for the entire Ithaca Falls/Recreational River area—including both parcels in question -to be part of a new, Conservation District for environmentally sensitive areas. [Page 17] The draft Plan calls for gorges throughout the City to be protected "to ensure their continuation as critical natural assets for current and future use,"for steep slopes (which are a prominent feature of Parcel 12-1-1)to be preserved to protect environmentally sensitive areas and to enhance the character and aesthetics of the city," and for"opportunities for additional green space [in the City] to be strategically considered" [Page 54] 5. The two tax-delinquent parcels in question are both within the designated Recreational River corridor for Fall Creek; Parcel 12-1-1 is within the Unique Natural Area. 6. The City has not fulfilled its obligation to produce and adopt a management plan for the Fall Creek Recreational River corridor, as required by the Department of Environmental Conservation (DEC). 7. Since the Recreational River designation of Fall Creek appears to be unique-with responsibility for administration of the designated area being delegated to the City(rather than the DEC, as is typical), and in the absence of a management plan, it is not clear whether the regulations to be enforced for the corridor are the same as those used by the DEC. Even if the DEC's regulations are applicable, an area-type variance, and/or a use-type variance, from those regulations, could be granted by the City's Planning and Development Board. 8. The NAC is concerned that inappropriate new development that would have a negative impact on the beauty and character of the resource could occur on one or both parcels. It seems likely that a new buyer would wish to redevelop the properties, in a more intensive way(e.g., consistent with their current zoning as R-3b). 9. The NAC believes that the existing, one-bedroom house at 410 Lake Street, while of relatively modest size, already detracts from the beauty and character of the Ithaca Falls Natural Area, by inserting a highly visible, inconsistent, non-natural element into the otherwise spectacular viewshed (from Lake Street,from the entrance area of the Natural Area, and from vantage points and overlooks upstream, including the one to be developed by the City at the "island" site). 10. Assuming that the properties are not redeemed prior to foreclosure,this situation presents a unique and historic opportunity for the City to gain proactive control over the future of these parcels (and the character and potential of the Ithaca Falls area, for the benefit of future generations), at a fraction of the parcels'value. 11. Allowing one or both of the Fall Creek parcels to be auctioned to the highest bidder at the 2015 tax auction (tentatively scheduled for June) effectively eliminates the option of having no building on these parcels, and does not provide adequate time for either the public to learn about and offer informed feedback on this important issue, or for Common Council and the City to study and consider carefully the situation, and to evaluate the options and their long-term implications. 12. The high cultural, economic, natural area value, and sensitive location of these parcels signifies the importance of this land and warrants designation as parkland, with the overlay of natural area designation. It is clear from the Recreational River Designation that the City has recognized the importance of this land. Parkland designation offers the most protective, long-term approach to maintaining the natural character of a resource as it cannot be "alienated" (i.e., used for or converted to non-park purposes) without an act of the State legislature. A natural area designation is not as protective and can be changed or revoked at any time by Common Council, with no requirement for replacement. and WHEREAS, in preliminary discussions, the County has indicated it may agree to forego taxes due on these parcels if retained by the City for public use, in the total amount of$2,696. (12.4-1 (vacant) -$900.07; 12.4-2, (house) -$1,795.94); and WHEREAS, the NAC offers to work with the City to try to find other, creative ways to reduce potential costs associated with City ownership of the properties. NOW THEREFORE,the Natural Areas Commission strongly urges the Planning and Economic Development Committee and the Common Council to take the following steps,as to the three, afore- mentioned properties: 1. Withhold all three properties from the upcoming tax auction. 2. Retain Parcel 110-5-9 for public use, designate it as parkland, and add it to the surrounding Six Mile Creek Natural Area. 3. Retain Parcel 12-1-1 for public use,designate it as parkland, rezone it to P-1,and add it to the adjacent Ithaca Falls Natural Area. 4. As for Parcel 12-1-2(which includes the house at 410 Lake Street), use the period up until the 2016 tax auction to gather public input and to study and consider the City's options for this property, including parkland designation and/or inclusion in the Ithaca Falls Natural Area. CITY OF ITHACA O C 108 E. Green Street—3rd Floor Ithaca NY 14850-5690 DEPARTMENT OF PLANNING,BUILDING,ZONING, & ECONOMIC DEVELOPMENT V' S ,'' Division of Planning& Economic Development JOANN CORNISH, DIRECTOR OF PLANNING&DEVELOPMENT RAT Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org MEMORANDUM To: Common Council FROM: Planning & Development Board DATE: May 8, 2015 SUBJECT: City Retention of Tax Parcels#12.-1.1 & #12.-1.2 (401 Lake St.) The Planning Board understands Common Council is considering a decision that would allow the public auction of Tax Parcel #12.4.2 (401 Lake St.). The Board urges Common Council to retain both adjacent parcels under City ownership for the purpose of expanding and protecting the Fall Creek Gorge and Natural Area. Members of the Board feel that acquiring both parcels is a rare opportunity that would produce a lasting benefit to our community —far outweighing any possible cost off-set from selling 401 Lake Street. Proposed Resolution Planning & Economic Development Committee May 13, 2015 Tax Foreclosure Property, Withhold Mulberry Street parcel from Public Auction— Declaration of Lead Agency WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single Z400 $110,000 $18,382.28 family dwelling and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, due to its location within the Six Mile Creek Natural Area and close proximity to Six Mile Creek, action to acquire or sell the Mulberry Street parcel is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, 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 the Lead Agency shall be that local agency which has primary responsibility for approving, 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 withholding of tax parcel #110.-5-9, Mulberry Street, from the public auction. j:\community development\dispositions\city tax foreclosures\2015\mulberry st\reso p&ed 401 mulberry st -lead agency.doc Proposed Resolution Planning & Economic Development Committee May 13, 2015 Tax Foreclosure Property, Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction - Environmental Determination WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single 2,400 $110,000 $18,382.28 family dwelling and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED,that the City of Ithaca Common Council hereby determines that the proposed withholding of tax parcel #110.-5-9, Mulberry Street, from public auction 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. j:\community development\dispositions\city tax foreclosures\2015\mulberry st\reso p&ed mulberry st.-neg dec 5-13-15.doc Proposed Resolution Planning & Economic Development Committee City of Ithaca Common Council May 13, 2015 Tax Foreclosure Property, Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction -Action WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single Z400 $110,000 $18,382.28 family dwelling and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, the parcel is located within the Six Mile Creek Natural Area, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to another party with or without advertising for bids if confirmed by a majority vote of the Common Council or at public auction to the highest bidder without Common Council approval, and WHEREAS, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, the Natural Areas Commission (NAC) is the City's advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends the City withhold tax parcel #110.-5-9, Mulberry Street, from the auction and retain it for "public use, designate it as parkland, and add it to the surrounding Six Mile Creek Natural Area", and 1 WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental review, determined that the proposed action will result in no significant impact on the environment and issued a Negative Declaration in accordance the City of Ithaca Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, that the Common Council for the City of Ithaca hereby directs the Chamberlain to withhold tax map parcel #110.-5-9, Mulberry Street, from the public auction, and be it further RESOLVED, that the parcel shall be retained for public use and designated for inclusion in the Six Mile Creek Natural Area, and be it further RESOLVED,that the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #110.-5-9, Mulberry Street. j:\community development\dispositions\city tax foreclosures\2015\mulberry st\reso pedc mulberry st-action-5-13-15.doc 2 z CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: This 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 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 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: Provides 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: Focuses 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: OPart 1 Part 2 QPart 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: [X-]A. The Proposed Action will not result in any large and important impact(s)and will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL BE PREPARED. FIB. 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. F-1C. 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: Withhold Tax Parcel 110.-5-9, Mulberry Street, from Public Auction Name of Lead Agency: City of Ithaca Common Council Name and Title of Responsible Officer in Lead Agency: Nels Bohn, IURA Director of CD Signature of Responsible Officer in Lead Agency: Signature of Preparer: 11 ';bgn� Date: May 7, 2015 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART I—PROJECT INFORMATION (prepared by project sponsor/applicant) 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 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 FEAF will depend 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: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction FLocation of Action: Tax Parcel #110.-5-9, Mulberry Street Name of Applicant/Sponsor: City of Ithaca Address: 108 E. Green Street City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: (607) 274-6550 Name of Owner (if different): Same Address: City/Town/Village: State: ZIP: Business Phone: 2 r;� ription of Action: City is considering retention of the following parcels scheduled to be acquired through 2015 foreclosure proceedings for nonpayment of taxes and fees: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single Z400 $110,000 $18,382.28 family dwelling Tax Parcel #110.-5-9, Mulberry Street is proposed to be withheld from the public auction and designated for inclusion in the Six Mile Creek Natural Area. 3 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: Urban [3 Industrial Commercial K3 PublicX-11Forest []Agricultural Agricultural [] Other: 2. Total area of project area: acres 5,000 square feet (Chosen units apply to following section also.) Approximate Area (Units in Question 2 apply to this section.) Currently FAfter Completion 2a. Meadow or Brushland (non-agricultural) 2b.Forested ,000 51000 2c. Agricultural 2d.Wetland [as per Article 24 of Environmental Conservation Law(ECL)] =2e. Water Surface Area [2f. Public 2g. Water Surface Area 2h.Unvegetated (rock, earth, or fill) e8t7F 2i. Roads, buildings, and other paved surfaces 2j. Other(indicate type) 3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Unmapped 3b. Soil Drainage: Well-Drained % of Site Moderately Well-Drained 100 % of Site LJ Poorly Drained %of Site 14a. Are there bedrock outcroppings on project site?J Yes [:]No LIN/A J4b. What is depth of bedrock? <1 (feet) [4e. What is depth to the water table? 3+ (feet) 5. Approximate percentage of proposed project site 0-10% 30 % 10-15% 70 with slopes: 0 15% or greater % 6a. Is project substantially contiguous to, or does it Yes o OW�A contain a building, site or district, listed on or eligible for the National or State Register of Historic Places? 6b. ...Or a designated local landmark or located in a [L]Yes �No []N/A local landmark district? 7. Do hunting and/or fishing opportunities currently exist in the project area? Yes [:]No []N/A If yes, identify each species: Six Mile Creek 4 SITE DESCRIPTI c® c 8. Does project site contain any species of plant yes [K]No []N/A and/or animal life identified as threatened or endangered? According to: UNA-156 each species: 9. Are there any unique or unusual landforms on the Yes ❑No []N/A project site(i.e., cliffs, other geological formations)? Describe: Six Mile Creek corridor r Is project site currently used by the community or ❑Yes [KNo []N/A neighborhood as an open space or recreation area? If yes, explain: 11. Does present site offer or include scenic views FZIYes [:]No ❑N/A known to be important to the community? Describe: Six Mile Creek Natural Area 12. Is project within or contiguous to a site ❑yes ❑No ❑N/A designated a Unique Natural Area(UNA) or critical environmental area by a local or state Describe: Parcel is located within UNA-156—Six agency? Mile Creek Valley. 13. Streams within or contiguous to project area: a. Names of stream(s) or name(s) of river(s)to which it is a tributary: Fall Creek 14. Lakes,ponds, or wetland areas within or a. Name(s): NA contiguous to project area: b. Size(s) (in acres): 15. Has site been used for land disposal of solid []Yes ❑No []N/A and/or hazardous wastes? Describe: 16. Is the site served by existing public utilities? [—]Yes ❑No ON/A a. If Yes, does sufficient capacity exist to allow connection? DYes ❑No LN/A b. If Yes, will improvements be necessary to ❑yes L�CNO ❑N/A allow connection? 5 B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project(fill in dimensions as appropriate): acquisition of vacant Ian la. Total contiguous area owned by project sponsor in acres: or square feet: _ ,000 SF lb.Project acreage developed: 0 Acres initially: 0 Acres ultimately: 0 lc. Project acreage to remain undeveloped: ,000 SF Eld.Length of project in miles (if appropriate): NA or feet: El:e7. 1f project is an expansion�ind�icate�perc�entf change proposed: N lf. Number of off-street parking spaces existing: 0 proposed: 0 1g. Maximum vehicular trips generated(upon completion of project)per day: NA and per hour: lh.Height of tallest proposed structure in feet. 0 1 j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? 0 2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: 0 or added to the site: 0 3. Specify what type of vegetation(trees, shrubs, ground cover) and how much will be removed from the site: acres: 0 type of vegetation: E4. Will any mature trees�oroth�erocally important vegetation be removed for this project? No 5. Are there any plans for re-vegetation to replace vegetation removed during construction? No single-phase project, anticipated period of construction: NA months (including demolition) 7. If multi-phased project, anticipated period of construction: months (including demolition) 7a. Total number of phases anticipated: 1 7b.Anticipated date of commencement for first phase: July month 2015 year(including demolition) 7c. Approximate completion date of final phase: July month 2015 year. 7d.Is phase one financially dependent on subsequent phases? ❑Yes ONo /A 8. Will blasting occur during construction? [3Yes Mo❑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 C-- No❑N/A If yes, explain: F2a. Is surface or subsurface liquid waste disposal involved?DYes �o ON/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? DYes o�/A If yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100-year floo plain?OYes�o M/A 6 PROJECT DESCRIPTION (concluded) 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 Creel 4, or Silver Creek? (Circle all that apply.) 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as $111 described in Article 24 of the ECL? 0 C]N/A; [ Mile e 1 Mile 4(d. If#14a., b., or c. is yes, explain: Parcel is located within the Six Creek Natural Area F15a. Does project involve disposal of solid waste? E]Yes �o M/A [15 b. If#15a. is yes, will an existing solid waste disposal facility be used? E]Yes [-]No ON/A 1��5e. If#I��5b�. i syes, o f disposal facility: and its location:�� 15 . Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? 1UYes o CON/A If yes, explain: 15e. Will any solid waste be disposed of on site? OYes �o M/A If yes, explain: 16. Will project use herbicides or pesticides? E3Yes �o M/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? OYes o Q /A; if yes, explain: F18. Will project produce odors? [3Yes )C o E3N/A if yes, explain: -- 19. Will project product operating noise exceed the local ambient noise level during construction? r3Yes o ON/A After construction?[]Yes �o M/A 20. Will project result in an increase of energy use?Oyes CQNo M/A If yes, indicate type(s): 21. Total anticipated water usage per day in gals./day: 0 Source of water: C. ZONING AND PLANNING 1. Does the proposed action involve a planning or zoning decision? ®Yes QQNo /A If yes, indicate the decision required: ®Zoning Amendment 0 Zoning Variance New/Revision of Master Plan C] Subdivision 0 Site Plan ® Special Use Permit Resource Management Plan ®Other: F2. What is the current zoning classification of site? P- 3. If the site is developed as permitted by the present zoning, what is the maximum potential development? Municipal buildings and facilities; residential development is not permitted in the P-1 district. Is proposed use consistent with present zoning? Yes A 5. If#4 is no, indicate desired zoning: 6. If the site is developed by the proposed zoning, at is the maximum potential development of the site? NA 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? ❑Yes ONo ]N/A If no, explain: 8. What is the dominant land use and zoning classification within a 1/4 mile radius of the project? (e.g., R-la or R-lb) P-1. 9. Is the proposed action compatible with adjacent land uses? L�J]Yes Mo M/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 11. Will the proposed action create a demand for any community-provided services? (e.g., recreation, education,police, fire protection, etc.)? ❑Yes �o M/A Explain: If yes, is existing capacity sufficient to handle projected demand? Yes ONo ONUA Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? ®Yes �o /A If yes, is existing road network adequate to handle additional traffic? [ Yes ❑ o M/A Explain: 8 D. APPROVALS 1® Approvals: Common CounciI approval required to withholdtax-foreclosed r rty from sale at public auction 2ao Is any Federal permit required? ❑Yes o [:]N/A Specify: b. Does project involve State or Federal funding or financing? YesL[K:Xjo ON/A If Yes, Specify: 2co Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required ate Date Common Council Yes Authorize retention 4/15 6/15 Board of Zoning Appeals (BZA) No Planning& Development Board No Ithaca Landmarks Preservation Commission (ILPC) Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) 9 E. INFORMATIONAL 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: Nels Rohn Signature: Title: 1URA Director of Community Development END KKXKX7�C7:7:K'�KXYXXKY FPART I 10 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? ❑ Yes ❑No Any construction on slopes of 15% or greater(1 5-footrise per 100 feet of length) or where general slope in the project ❑ ❑ ❑ Yes ❑ No exceeds 10%. Construction on land where depth to the water table is less ❑ ❑ Yes ❑ No than 3 feet. Construction of parking facility/area for 50 or more vehicles. ❑ ❑ ❑ Yes ❑ No Construction on land where bedrock is exposed or generally ❑ ❑ ❑ Yes ❑ No within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve ❑ ❑ Yes ❑ No more than one phase or stage. Evacuation for mining purposes that would remove more than ❑ ❑ Yes ❑ No 1,000 tons of natural material (i.e., rock or soil) per year. Construction of any new sanitary landfill. ❑ ❑ ❑ Yes ❑ No Construction in designated floodway. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? ❑ Yes ❑ No Specific land forms (if any): ❑ ❑ ❑ Yes ❑ No 1 of 11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? ❑ Yes ® No Developable area of site contains protected water body. ❑ ❑ ❑ Yes ❑ No Dredging more than 100 cubic yards of material from channel ❑ ❑ Yes ❑ No of protected stream. Extension of utility distribution facilities through protected ❑ ❑ Yes ❑ No water body. Construction in designated freshwater wetland. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4. Will project affect any non-protected existing or new body of water? ❑ Yes ® No A 10% increase or decrease in surface area of any body of ❑ ❑ Yes ❑ No water or more than 10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that ❑ ❑ Yes ❑ No exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, ❑ ❑ Yes ❑ No Cayuga Lake, or Cayuga Inlet? Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 5. Will project affect surface or groundwater quality? ❑ Yes ® No Project will require discharge permit. ❑ ❑ ❑ Yes ❑ No Project requires use of source of water that does not have ❑ ❑ Yes ❑ No approval to serve proposed project. Construction or operation causing any contamination of a ❑ ❑ Yes ❑ No public water supply system. Project will adversely affect groundwater. ❑ ❑ ❑ Yes ❑ No Liquid effluent will be conveyed off the site to facilities which ❑ El ❑ Yes ❑ No do not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of ❑ ❑ Yes ❑ No 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an ❑ ❑ ❑ Yes ❑ No obvious visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical ❑ ❑ Yes ❑ No products greater than 1,100 gallons. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 3of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? ❑ Yes ® No 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 (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON AIR 7. Will project affect air quality? ❑ Yes ❑ No Project will induce 500 or more vehicle trips in any 8-hour ❑ ❑ Yes ❑ No period per day. Project will result in the incineration of more than 2.5 tons of ❑ ❑ Yes ❑ No refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million ❑ ❑ ❑ Yes ❑ No BTUs per hour. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? ❑ Yes ❑ No Reduction of any species, listed on New York or Federal list, ❑ ❑ ❑ Yes ❑ No using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife ❑ ❑ ❑ Yes ❑ No habitat. Application of pesticide or herbicide more than twice a year El ❑ ❑ Yes ❑ No other than for agricultural purposes. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 9. Will proposed action substantially affect non-threatened or non-endangered species? ❑ Yes ❑ No Proposed action would substantially interfere with any El ❑ ❑ Yes ❑ No resident or migratory fish, or wildlife species. Proposed action requires removal or more than '/2 acre of El ❑ ❑ Yes ❑ No mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 5of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? ❑ Yes ❑ No Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current ❑ ❑ ❑ Yes ❑ No surrounding land use patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or ❑ ❑ Yes ❑ No significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening ❑ ❑ Yes ❑ No of scenic views known to be important to the area. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? [:] Yes ❑ No Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the ❑ ❑ ❑ Yes ❑ No National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located El ❑ Yes ❑ No within the project site. Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a ❑ ❑ ❑ Yes ❑ No landmark district. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 6of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? 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 ❑ No The permanent foreclosure of a future recreational ❑ ❑ Yes ❑ No opportunity. A major reduction of an open space important to the community. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): Proposed public ownership of this parcel will protect the natural area and expand recreational opportunities. ® ❑ ® Yes ❑ No IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will 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 ❑ No Proposed action to locate within a UNA or CEA? ® ❑ ® Yes ❑ No Proposed action will result in reduction in the quality of the ❑ ❑ ❑ Yes ❑ No resource. Proposed action will impact use, function, or enjoyment of the resource. Proposed public ownership of this parcel included in ® ❑ ® Yes ❑ No UNA-156, Six Mile Creek Valley, will positively impact and protect the UNA and expand opportunities for enjoyment of the resource. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 7of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? ❑ Yes ❑ No Alteration of present patterns of movement of people and/or ❑ ❑ ❑ Yes ❑ No goods. Proposed action will result in major traffic problems. ❑ ❑ ❑ Yes ❑ No Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? ❑ Yes ® No Proposed action causing greater than 5% increase in any ❑ ❑ ❑ Yes ❑ No form of energy used in municipality. Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- ❑ ❑ ❑ Yes ❑ No or two-family residences. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 8of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? 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 ® No Blasting within 1,500 feet of a hospital, school, or other ❑ ❑ Yes ❑ No sensitive facility? Odors will occur routinely(more than one hour per day). ❑ ❑ ❑ Yes ❑ No Proposed action will produce operating noise exceeding local ❑ ❑ Yes ❑ No ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act as ❑ ❑ ❑ Yes ❑ No noise screen. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? ❑ Yes ❑ No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, ❑ ❑ Yes ❑ No radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Proposed action may result in burial of"hazardous wastes" in any form (i.e., toxic, poisonous, highly reactive, radioactive, ❑ ❑ ❑ Yes ❑ No irritating, infectious, etc.) Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of ❑ ❑ ❑ Yes ❑ No solid or hazardous wastes. Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, ❑ ❑ ❑ Yes ❑ No radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). 9of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON PUBLIC HEALTH (cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. ❑ ❑ ❑ Yes ❑ No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any ❑ ❑ Yes ❑ No residential, commercial, or industrial property in excess of 30,000 square feet. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? ❑ Yes ❑ No The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human ❑ ❑ ❑ Yes ❑ No population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of ❑ ❑ ❑ Yes ❑ No this proposed action. Proposed action will conflict with officially adopted plans or ❑ ❑ ❑ Yes ❑ No goals. Proposed action will cause a change in the density of land ❑ ❑ ❑ Yes ❑ No use. Proposed action will replace or eliminate existing facilities, ❑ ❑ Yes ❑ No structures, or areas of historic importance to the community. Development will create demand for additional community ❑ ❑ Yes ❑ No services (e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future ❑ ❑ Yes ❑ No actions. Proposed action will relocate 15 or more employees in one or ❑ ❑ Yes ❑ No more businesses. 10 of 11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 19. Is there public controversy concerning the proposed action? ❑ Yes ❑ No ❑ Unknown — 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 — 11 of 11 5/8/2015 Tompkins County Property Viewer 209 207 109 111 1104 06 = , 211-13 88. 2 3 88. 2 4 88.-2-7.2 ' 111. 1 1 107 1� r 88.-2-2 - - r- ----- 1025-27 . 107 110.-2-1 1108-10 111.-21 +•1 !'`E 1 111 ;. i• . ;f -; 50408 88.-2-7.12 111.-1-2 111.-2-2 ' end 88.-2-16 107 10 y Legend 88. 2 7.12 119 �. ` Address 111 2 3 I` 110 12 - - curbs .t. -�' Parcels 710 108 _ a '' Tax Map *. -.:.-.-.... 110. 150 110.-2-4 •.� �r 1 - 1 Hydrology ;r 15 f ` 1107 - ` 11 rIntermittent Streams - - 202 c�- , °% Perennial Streams by _, 110. 1 6 110.-3-4 ,. m _ �_;1109 :� ,� Muni Citations 1 110.-3-5 r 806 N .- 110.-3-13 ?� 705 110. 5 2.2 ! J I 210 �¢ k ; F{`. r'f 110.-3-10 #- l + +` ."�• '"f�"'tom t.`_ '.v�l u � I �. y``- ��''-�.6°'. r, / 6 { � 906 110.-4-2r ^7r 501 03 7 ' 1 912 1005 to 9 109.-2-2 -~ i 110.-4 4 111.-10-6 if 310 501-03 1001 1215 109.-1 3 109.-2-2 111.-9 1 111.-9-6 1105 110.-5-9 111.-9-3 1303-05 111.-9-9.2 1529 1529 {r 5�5 55.-1-1 55.-1-1 1:2,257 58.-1-6.2 376.2 0 188.08 376.2 Feet d, Notes This map was automatically generated WGS_1984_Web_Mercator_Auxiliary_Sphere using Geocortex Essentials.Your tax ©Tompkins County GIS Map is user generated and is to be used as a reference only.Data layers are not guranteed to be accurate or up-to-date. DO NOT USE FOR CONVEYANCE OR NAVIGATION dollars at work! Proposed Resolution Planning & Economic Development Committee May 13, 2015 Tax Foreclosure Property, Withhold Tax Parcel #12.4-1 from Public Auction— Declaration of Lead Agency WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single Z400 $110,000 $18,382.28 family dwelling and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, due to its close proximity to Fall Creek and the Ithaca Falls Natural Area, action to acquire or sell #12.-1-1 is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, 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 the Lead Agency shall be that local agency which has primary responsibility for approving, 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 withholding of tax parcel #12.4-1, Lake Street, from the public auction. j:\community development\dispositions\city tax foreclosures\2015\12-1-1\reso p&ed 12-1-1 -lead agency.doc Proposed Resolution Planning & Economic Development Committee May 13, 2015 Tax Foreclosure Property, Withhold Tax Parcel #12.4-1 from Public Auction - Environmental Determination WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single 2,400 $110,000 $18,382.28 family dwelling and, WHEREAS, #12.4-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED,that the City of Ithaca Common Council hereby determines that the proposed withholding of tax parcel #12.-1-1, Lake Street, from public auction 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. j:\community development\dispositions\city tax foreclosures\2015\12-1-1\reso p&ed 12-1-1-neg dec 5-13-15.doc Proposed Resolution Planning & Economic Development Committee City of Ithaca Common Council May 13, 2015 Tax Foreclosure Property, Withhold Tax Parcel #12.4-1 from Public Auction -Action WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single Z400 $110,000 $18,382.28 family dwelling and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, the parcel is located adjacent to the Ithaca Falls Natural Area and within the boundary area of the river corridor of lower Fall Creek that is designated as a New York State Recreational River, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to another party with or without advertising for bids if confirmed by a majority vote of the Common Council or at public auction to the highest bidder without Common Council approval, and WHEREAS, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, the Natural Areas Commission (NAC) is the City's advisory body to coordinate city and public concerns regarding natural areas, and 1 WHEREAS, the NAC recommends the City withhold tax parcel #12.-1-1 from the auction and retain it for "public use, designate it as parkland, rezone it to P-1, and add it to the adjacent Ithaca Falls Natural Area", and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental review, determined that the proposed action will result in no significant impact on the environment and issued a Negative Declaration in accordance the City of Ithaca Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, that the Common Council for the City of Ithaca hereby directs the Chamberlain to withhold tax map parcel #12.4-1, Lake Street, from the public auction, and be it further RESOLVED, that the parcel shall be retained for public use and designated for inclusion in the Ithaca Falls Natural Area, and be it further RESOLVED,that the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #12.4-1, Lake Street. j:\community development\dispositions\city tax foreclosures\2015\401 lake st\reso pedc 12-1-1 action-5-13-15.doc 2 .. z ►R°�� CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: This 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 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 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: Provides 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: Focuses 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: F7% Part 1 F 7XPart 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: DA. The Proposed Action will not result in any large and important impact(s)and will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL BE PREPARED. nB. 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 Y CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. FIC. 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: Withholding Tax Parcel 12.4-1, Lake Street from Public Auction Name of Lead Agency: City of Ithaca Common Council Name and Title of Responsible Officer in Lead Agency: Nels Bohn, IURA Director of CD Signature of Responsib7A, r in Lead Agency: Signature of Preparers Date: May 7, 2015 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART I—PROJECT INFORMATION (prepared by project sponsor/applicant) 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 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 FEAF will depend 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: Withhold Tax Parcel 12.4-1, Lake Street,from Public Auction Location of Action: Tax Parcel #12.4-1, Lake Street Name of Applicant/Sponsor: City of Ithaca Address: 108 E. Green Street City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: (607) 274-6550 Name of Owner (if different): Same Address: City/TownNillage: State: ZIP: Business Phone: 2 Description of Action: City is considering retention of the following parcels scheduled to be acquired through 2015 foreclosure proceedings for nonpayment of taxes and fees: Tax Map Address Use Approx. Size Assessed Total Due as (sq.f t.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single 2,400 $110,000 $18,382.28 family dwelling Tax Parcel #12.-1-1 is proposed to be withheld from the public auction and designated for inclusion in the Ithaca Falls Natural Area. 3 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: Urban E3 Industrial E3 Commercial E3 Public IX-11 Forest Agricultural []Other: Total area of project area: acres 28,000 square feet (Chosen units apply to following section also.) Approximate Area (Units in Question 2 apply to this section.) Currently After Completion 2a. Meadow or Brushland (non-agricultural) 2b.Forested 28,00. 28,000 c. Agricultural 2d.Wetland [as per Article 24 of Environmental Conservation Law(ECL)] 2e. Water Surface Area 2f. Public 7:1 2g. Water Surface Area 1E7777 2h.Unvegetated (rock, earth, or fill) 2i. Roads, buildings, and other paved surfaces 2j. Other (indicate type) 3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Unmapped 3b. Soil Drainage: Well-Drained % of Site j Moderately Well-Drained 100 % of Site Poorly Drained %of Site 4a. Are there bedrock outcroppings on project site? Yes E]No LIN/A Rb_-_*Yhat is depth of bedrock? <1 (feet) 4c. What is depth to the water table? 3+ (feet) 5. Approximate percentage of proposed project site 0-10% 10 % 10-15% 50 with slopes: 0 15% or greater 40 6a. Is project substantially contiguous to, or does it Yes ❑No /A contain a building, site or district, listed on or eligible for the National or State Register of Historic Places? 6b. ...Or a designated local landmark or located in a ❑Yes ONo []N/A local landmark district? 7. Do hunting and/or fishing opportunities currently exist in the project area? Yes [::]No �N/A If yes, identify each species: Fall Creek 4 SITE DESCRIPT c® c u e 8. Does project site contain any species of plant [::]No NNo L]N/A Unknown and/or animal life identified as threatened or endangered? According to: U A- 4 Identify each species: Canadian Primrose, Bird's Eye Primrose 9. Are there any unique or unusual landforms on the yes []No N/A project site (i.e., cliffs, other geological formations)? Describe: Fall Creek Gorge cliffs overlooking Ithaca Falls, Recreational River corridor 10. Is project site currently used by the community or yes [KNo FIN/A neighborhood as an open space or recreation If yes, explain: area? 11. Does present site offer or include scenic views PYes [:]No [JN/A known to be important to the community? 11 Describe: High Quality Views of Ithaca Falls 12. Is project within or contiguous to a site ❑Yes F�No []N/A designated a Unique Natural Area(UNA) or critical environmental area by a local or state Describe: lake St. Parcel#12.-1-1 is located within agency? 11 UNA-134- Fall Creek Gorge, Ithaca Falls. 13. Streams within or contiguous to project area: a. Names of stream(s) or name(s) of river(s)to which it is a tributary: Fall Creek 14. Lakes,ponds, or wetland areas within or a. Name(s): NA contiguous to project area: b. Size(s) (in acres): 15. Has site been used for land disposal of solid []Yes [_]No FN/A and/or hazardous wastes? Describe: 16. Is the site served by existing public utilities? Yes ❑No []N/A a. If Yes, does sufficient capacity exist to allow 7 connection? DYes rLJNo []N/A b. If Yes, will improvements be necessary to ❑Yes [*No ❑N/A allow connection? 5 B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate): acquisition of vacant Ian la. Total contiguous area owned by project sponsor in acres: or square feet: _ 8,000 SF 771 lb.Project acreage developed: 0 Acres mitlally: Acres ultimately: 0 lc. Project acreage to remain undeveloped: 28,000 SF ld.Length of project in miles (if appropriate): NA or feet: le. If project is an expansion, indicate percent of change proposed: NA lf. Number of off-street parking spaces existing: 0 proposed: 0 lg. Maximum vehicular trips generated(upon completion of project)per day: NA and per hour: lh.Height of tallest proposed structure in feet. 0 lj. Linear feet of frontage along a public street or thoroughfare that the project will occupy? 0 2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: 0 or added to the site: 0 3. Specify what type of vegetation(trees, shrubs, ground cover) and how much will be removed from the site: acres: 0 type of vegetation: 4. Will any mature trees or other locally important vegetation be removed for this project? No r5. Are there any plans for re-vegetation to replace vegetation removed during construction? No 6. If single-phase project, anticipated period of construction: NA months (including demolition) multi-phased project, anticipated period of construction: months (including demolition) 7a. Total number of phases anticipated: 1 771 7b.Anticipated date of commencement for first phase: July month 2015 year(including demolition) 7c. Approximate completion date of final phase: July month 2015 year. 7d.Is phase one financially dependent on subsequent phases? []Yes ONo /A 8. Will blasting occur during construction? ®Yes []No /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 �o M/A If yes, explain: 12a. Is surface or subsurface liquid waste disposal involved?®Yes E[ELN:CJ�No /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 o /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?MYes[]No M/A Site is located adjacent to a floodway, but site is not in a flood zone 6 PROJECT DESCRIPTION (concluded, 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet [Fall Creeg, Cascadilla Creek, Cayuga Lake, Six Mile Creek, or Silver Creek? (Circle all that apply.) 1c. 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 EX o ON/A; 1d. If#14a., b., or c. is yes, explain: Lake St. parcel is located adjacent to Fall Creek 15a. Does project involve disposal of solid waste? ❑Yes FW�N o [�N/A 15b. If#15a. is yes, will an existing solid waste disposal facility be used? Joyes ONo []N/A [15:c. :�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 �o /A If yes, explain: 15e. Will any solid waste be disposed of on site? OYes �o /A If yes, explain: 16. Will project use herbicides or pesticides? OYes �o ❑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? ❑Yes QQNo M/A; if yes, explain: 18. Will project produce odors? [_]Yes [X---]No M/A If yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? ❑Yes [X7]No M/A After construction?❑Yes X o QN/A 20. Will project result in an increase of energy use?[3Yes NQNo M/A If yes, indicate type(s): 1. Total anticipated water usage per day in gals./day: 0 Source of water: 7 U. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? ®Yes EQNo /A If yes, indicate the decision required: Zoning Amendment Zoning Variance New/Revision of Master Plan Q Subdivision E3 Site Plan ❑ Special Use Permit [3 Resource Management Plan ❑ Other: E2. What is the current zoning classification of site? R- b &with Recreational River verlay; 3. If the site is developed as permitted by the resent zoning, what is the maximum potential development? Recreational River regulations prohibit new residential construction within 150 feet of Fall Creek. No portion of the parcel is greater than 150 feet from Fall Creek, therefore no new residential development is permitted on parcel #1 .4-1. --]4. Is proposed use consistent with present zoning? Yes ❑No /A is no, indicate desired zoning: :77-1 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? NA 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? ❑Yes QNo NN/A If no, explain: 8. What is the dominant land use and zoning classification within a 1/4 mile radius of the project? (e.g., R-la or R-lb) R-3b and P-1. In addition, Recreational River Corridor overlay regulations extend along the Fall Creek corridor. 9. Is the proposed action compatible with adjacent land uses? MYes �o M/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 11. Will the proposed action create a demand for any community-provided services? (e.g., recreation, education, police, fire protection, etc.)? [3Yes o /A Explain: If yes, is existing capacity sufficient to handle projected demand? E]Yes ONo [D:]N/A Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? []Yes a]No ON/A If yes, is existing road network adequate to handle additional traffic? ❑Yes ❑ o M/A Explain: 8 A APPROVALS 1. Approvals: Common Council proval required withhold r cl ro rty from sale at public auction 2a. Is any Federal permit required? ❑Yes o /A Specify: b. Does project involve State or Federal funding or financing?oyes o ON/A If Yes, Specify: c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council Yes Authorize retention 4/15 6/15 Board of Zoning Appeals (BZA) No Planning& Development Board No Ithaca Landmarks Preservation Commission(ILPC) Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) 9 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: Nels Bohn Signature: Title: IURA Director of Community Development Y'Kxx7:XYKYYXKXYKKX END rj T 1 7�G'?�CYx?�C?�CxX?�CK?�CX?�CK?�CXX 10 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? ❑ Yes ❑No Any construction on slopes of 15% or greater(1 5-footrise per 100 feet of length) or where general slope in the project ❑ ❑ ❑ Yes ❑ No exceeds 10%. Construction on land where depth to the water table is less ❑ ❑ Yes ❑ No than 3 feet. Construction of parking facility/area for 50 or more vehicles. ❑ ❑ ❑ Yes ❑ No Construction on land where bedrock is exposed or generally ❑ ❑ ❑ Yes ❑ No within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve ❑ ❑ Yes ❑ No more than one phase or stage. Evacuation for mining purposes that would remove more than ❑ ❑ Yes ❑ No 1,000 tons of natural material (i.e., rock or soil) per year. Construction of any new sanitary landfill. ❑ ❑ ❑ Yes ❑ No Construction in designated floodway. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? ❑ Yes ❑ No Specific land forms (if any): ❑ ❑ ❑ Yes ❑ No 1 of 11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? ❑ Yes ® No Developable area of site contains protected water body. ❑ ❑ ❑ Yes ❑ No Dredging more than 100 cubic yards of material from channel ❑ ❑ Yes ❑ No of protected stream. Extension of utility distribution facilities through protected ❑ ❑ Yes ❑ No water body. Construction in designated freshwater wetland. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4. Will project affect any non-protected existing or new body of water? ❑ Yes ® No A 10% increase or decrease in surface area of any body of ❑ ❑ Yes ❑ No water or more than 10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that ❑ ❑ Yes ❑ No exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, ❑ ❑ Yes ❑ No Cayuga Lake, or Cayuga Inlet? Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 5. Will project affect surface or groundwater quality? ❑ Yes ® No Project will require discharge permit. ❑ ❑ ❑ Yes ❑ No Project requires use of source of water that does not have ❑ ❑ Yes ❑ No approval to serve proposed project. Construction or operation causing any contamination of a ❑ ❑ Yes ❑ No public water supply system. Project will adversely affect groundwater. ❑ ❑ ❑ Yes ❑ No Liquid effluent will be conveyed off the site to facilities which ❑ El ❑ Yes ❑ No do not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of ❑ ❑ Yes ❑ No 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an ❑ ❑ ❑ Yes ❑ No obvious visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical ❑ ❑ Yes ❑ No products greater than 1,100 gallons. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 3of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? ❑ Yes ® No 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 (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON AIR 7. Will project affect air quality? ❑ Yes ❑ No Project will induce 500 or more vehicle trips in any 8-hour ❑ ❑ Yes ❑ No period per day. Project will result in the incineration of more than 2.5 tons of ❑ ❑ Yes ❑ No refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million ❑ ❑ ❑ Yes ❑ No BTUs per hour. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? ❑ Yes ❑ No Reduction of any species, listed on New York or Federal list, ❑ ❑ ❑ Yes ❑ No using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife ❑ ❑ ❑ Yes ❑ No habitat. Application of pesticide or herbicide more than twice a year El ❑ ❑ Yes ❑ No other than for agricultural purposes. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 9. Will proposed action substantially affect non-threatened or non-endangered species? ❑ Yes ❑ No Proposed action would substantially interfere with any El ❑ ❑ Yes ❑ No resident or migratory fish, or wildlife species. Proposed action requires removal or more than '/2 acre of El ❑ ❑ Yes ❑ No mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 5of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? ❑ Yes ❑ No Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current ❑ ❑ ❑ Yes ❑ No surrounding land use patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or ❑ ❑ Yes ❑ No significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening ❑ ❑ Yes ❑ No of scenic views known to be important to the area. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? [:] Yes ❑ No Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the ❑ ❑ ❑ Yes ❑ No National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located El ❑ Yes ❑ No within the project site. Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a ❑ ❑ ❑ Yes ❑ No landmark district. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 6of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? 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 ❑ No The permanent foreclosure of a future recreational ❑ ❑ Yes ❑ No opportunity. A major reduction of an open space important to the community. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): Proposed public ownership of this parcel will protect the natural area and expand recreational opportunities. ® ❑ ® Yes ❑ No IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will 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 ❑ No Proposed action to locate within a UNA or CEA? ® ❑ ® Yes ❑ No Proposed action will result in reduction in the quality of the ❑ ❑ ❑ Yes ❑ No resource. Proposed action will impact use, function, or enjoyment of the resource. Proposed public ownership of this parcel included in ® ❑ ® Yes ❑ No UNA-134, Ithaca Falls Gorge, will positively impact and protect the UNA and expand opportunities for enjoyment of the resource. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 7of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? ❑ Yes ❑ No Alteration of present patterns of movement of people and/or ❑ ❑ ❑ Yes ❑ No goods. Proposed action will result in major traffic problems. ❑ ❑ ❑ Yes ❑ No Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? ❑ Yes ® No Proposed action causing greater than 5% increase in any ❑ ❑ ❑ Yes ❑ No form of energy used in municipality. Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- ❑ ❑ ❑ Yes ❑ No or two-family residences. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 8of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? 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 ® No Blasting within 1,500 feet of a hospital, school, or other ❑ ❑ Yes ❑ No sensitive facility? Odors will occur routinely(more than one hour per day). ❑ ❑ ❑ Yes ❑ No Proposed action will produce operating noise exceeding local ❑ ❑ Yes ❑ No ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act as ❑ ❑ ❑ Yes ❑ No noise screen. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? ❑ Yes ❑ No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, ❑ ❑ Yes ❑ No radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Proposed action may result in burial of"hazardous wastes" in any form (i.e., toxic, poisonous, highly reactive, radioactive, ❑ ❑ ❑ Yes ❑ No irritating, infectious, etc.) Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of ❑ ❑ ❑ Yes ❑ No solid or hazardous wastes. Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, ❑ ❑ ❑ Yes ❑ No radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). 9of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON PUBLIC HEALTH (cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. ❑ ❑ ❑ Yes ❑ No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any ❑ ❑ Yes ❑ No residential, commercial, or industrial property in excess of 30,000 square feet. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? ❑ Yes ❑ No The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human ❑ ❑ ❑ Yes ❑ No population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of ❑ ❑ ❑ Yes ❑ No this proposed action. Proposed action will conflict with officially adopted plans or ❑ ❑ ❑ Yes ❑ No goals. Proposed action will cause a change in the density of land ❑ ❑ ❑ Yes ❑ No use. Proposed action will replace or eliminate existing facilities, ❑ ❑ Yes ❑ No structures, or areas of historic importance to the community. Development will create demand for additional community ❑ ❑ Yes ❑ No services (e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future ❑ ❑ Yes ❑ No actions. Proposed action will relocate 15 or more employees in one or ❑ ❑ Yes ❑ No more businesses. 10 of 11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 19. Is there public controversy concerning the proposed action? ❑ Yes ❑ No ❑ Unknown — 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 — 11 of 11 5/8/2015 (1*11g) City of Ithaca, NY 2014 CLIFFSIDE TERRA CE LEGEND A PITS-A&B THACA HIGH CLIFFSID�4�[pT BRACE R-2a ❑ Tax Parcels SCHOOL APES-C — Primary Commons Zone Secondary Commons Zon( ❑ Historic District p-1 ❑ Zoning District R-a b Certificate of AppropriatenE Buildings + Railroad Parcel Border Parcels Scheduled for ax e Waterway Park 401 p-1 0 02 304 308�310 312Ri 23i6L 18 322 324 326 Ithaca Falls NaturalArea F FALLS ST P-1 300 305 309 313 311 321 I 9 303 � b 315 7+ rn R-2 I) CM 7 4 FALL CRE K 4 30 2)LI S 402 f 410 414 418418 302 408 Printed: 4/6/2015 http://geo.tompkins-co.org/SL/Viewer.html? 1-1,493 171.08 Feet Viewer=cityproperties Data contained on this map was provided or derived from data developed or 401 Lake Street compiled by the City of Ithaca,and is the best available to date. The originators do not warrant the accuracy or completeness of the information V portrayed by the data. Proposed Resolution Planning & Economic Development Committee May 13, 2015 Tax Foreclosure Property, Sale of 401 Lake Street at Public Auction—Declaration of Lead Agency WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single Z400 $110,000 $18,382.28 family dwelling and, WHEREAS, 401 Lake St. (#12.-1-2) is proposed to be sold for the highest price at public auction, and WHEREAS, due to its close proximity to Fall Creek and the Ithaca Falls Natural Area, the proposed sale of 401 Lake Street is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, 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 the Lead Agency shall be that local agency which has primary responsibility for approving, 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 sale of 401 Lake Street, #12.-1-2, at public auction. jAcommunity development\dispositions\city tax foreclosures\2015\401 lake st\reso p&ed 401 lake st -lead agency.doc Proposed Resolution Planning & Economic Development Committee May 13, 2015 Tax Foreclosure Property, Sale of 401 Lake Street at Public Auction—Environmental Determination WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single 2,400 $110,000 $18,382.28 family dwelling and, WHEREAS, 401 Lake St. (#12.-1-2) is proposed to be sold for the highest price at public auction, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2, 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 of 401 Lake Street (#12.-1-2) at public auction 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. Proposed Resolution Planning & Economic Development Committee City of Ithaca Common Council May 13, 2015 Tax Foreclosure Property, Sale of 401 Lake Street at Public Auction -Action WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.4-2 401 Lake St. vacant single Z400 $110,000 $18,382.28 family dwelling and, WHEREAS, 401 Lake Street (#12.-1-2) is proposed to be sold for the highest price at public auction, and WHEREAS, 410 Lake Street is located adjacent to the Ithaca Falls Natural Area and within the boundary area of the river corridor of lower Fall Creek that is designated as a New York State Recreational River, and WHEREAS, Recreational River regulations prohibit new residential construction within 150 feet of Fall Creek for parcels located within the Recreational River boundary area, effectively prohibiting new residential construction on the parcel, and WHEREAS, Recreation River regulations authorize rehabilitation, restoration, replacement or reconstruction of lawfully existing residential structures and expansion of up to 500 square feet of such residential structures, and WHEREAS, the vacant, boarded-up, single family dwelling at 401 Lake Street is a lawfully existing residence, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and 1 WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to another party with or without advertising for bids if confirmed by a majority vote of the Common Council or at public auction to the highest bidder without Common Council approval, and WHEREAS, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, should the City retain 401 Lake Street it will forego approximately $18,000 in taxes due, incur an additional $5,400 in future taxes due until tax-exempt status is established, and need to make decisions about the future of the vacant residence, and WHEREAS, to return the site to a natural character would require demolition, clearance and site restoration at an estimated cost of up to $40,000, depending on the presence of asbestos, and WHEREAS, the Natural Areas Commission (NAC) is the City's advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends withholding 401 Lake Street from the tax auction and "use the period up until the 2016 tax auction to gather public input and to study and consider the City's options for this property, including parkland designation and inclusion in the Ithaca Falls Natural Area", and WHEREAS, the decision to retain or sell this parcel sets public objectives to maximize tax collection, expand the property tax base and increase housing choices against competing objectives to protect the integrity of a Natural Area and support the tourism industry, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental review, determined that the proposed action will result in no significant impact on the environment and issued a Negative Declaration in accordance the City of Ithaca Environmental Quality Review Ordinance; now, therefore, be it RESOLVED,that the Common Council for the City of Ithaca hereby authorizes the City Chamberlain to sell property located at 401 Lake Street, tax map parcel #12.-1-2, at public auction to the highest bidder, with any net proceeds received from the sale in excess of the amount due to be applied to retire taxes due on other foreclosed properties retained by the City. j:\community development\dispositions\city tax foreclosures\2015\401 lake st\reso pedc 401 lake st.action-5-13-15.doc 2 i �t .K CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: This 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 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 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: Provides 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: Focuses 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: FX Part 1 �% Part 2 OPart 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: QA. The Proposed Action will not result in any large and important impact(s)and will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL BE PREPARED. F_]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. F_1C. 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: Sell tax map parcel #12.4-2, 401 Lake Street at Public Auction Name of Lead Agency: City of Ithaca Common Council Name and Title of Responsible Officer in Lead Agency: Nels Bohn, IURA Director of CD Signature of Responsible Officer in Lead Age cy: --)J I J"-- --�-'d Signature of Preparer: Date: May 7, 2015 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART I—PROJECT INFORMATION (prepared by project sponsor/applicant) 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 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 FEAF will depend 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: Sell tax map parcel#12.-1-2, 401 Lake Street at Public Auction Location of Action: Tax Map#12.4-2, 401 Lake Street Name of Applicant/Sponsor: City of Ithaca Address: 108 E. Green Street City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: (607) 274-6550 Name of Owner (if different): Same Address: City/Town/Village: State: ZIP: Business Phone: i 2 I Description of Action: City is considering retention of the following parcels scheduled to be acquired through 2015 foreclosure proceedings for nonpayment of taxes and fees: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single 2,400 $110,000 $18,382.28 family dwelling Per City policy, tax foreclosed properties are sold via public auction unless the Common Council directs staff to follow a different course of action. Tax map parcel #12.-1-2, 401 Lake Street is proposed for sale at public auction. J 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: Urban Industrial Commercial 0 Public Forest L3 Agricultural Other: 2. Total area of project area: acres 2,400 square feet(Chosen units apply to following section also.) ----] Approximate Area (Units in Question 2 apply to this section.) Currently After Completion 2a. Meadow or Brushland (non-agricultural) _ 2b.Forested _ 11200 1,200 2c. Agricultural [::2:d.Wetland [as per Article 24 of Environmental Conservation Law(ECL)] --------------- 2e. Water Surface Area s F2L Public 2g. Water Surface Area 2h.Unvegetated (rock, earth, or fill) 2i: Roads, buildings, and other paved surfaces 1,200_ 1,200 2j. Other(indicate type) 3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Unmapped 3b. Soil Drainage: Well-Drained % of Site ® Moderately Well-Drained 100 % of Site Poorly Drained % of Site FF_�Yes []No []N/Aa. Are there bedrock outcroppings on project site? 4b. What is depth of bedrock? <1 (feet) 4c. What is depth to the water table? 3+ (feet) 5. Approximate percentage of proposed project site EK 0-10% 40 % 10-15% 40 with slopes: 15% or greater 20 6a. Is project substantially contiguous to, or does it Yes o /A contain a building, site or district, listed on or eligible for the National or State Register of Historic Places? ff ...Or a designated local landmark or located in a ❑Yes �o []N/Alocal landmark district? 7. Do hunting and/or fishing opportunities currently exist in the project area? Yes [::]No []N/A If yes, identify each species: Fall Creek 4 SITE DESCRIPTION (concluded) wn 8. Does project site contain any species of plant Yes [:]No ❑N/A iTnkn® and/or animal life identified as threatened or endangered? According to: NA-14 Identify each species: Canadian Primrose, Bird's Eye Primrose are identified in the adjacent UNA 9. Are there any unique or unusual landforms on the Kyes ❑No []N/A project site (i.e., cliffs, other geological formations)? Describe: Fall Creek Gorge cliffs overlooking Ithaca Falls, Recreational River corridor 10. Is project site currently used by the community or yes [X]No []N/A neighborhood as an open space or recreation area? If yes, explain: 11. Does present site offer or include scenic views ❑yes []No []N/A known to be important to the community? Describe: High quality views of Ithaca Falls 12. Is project within or contiguous to a site "---'Yes L]No []N/A designated a Unique Natural Area(UNA) or critical environmental area by a local or state Describe: Lake St. Parcel #12.4-2 is located agency? contiguous to UNA-134. 13. Streams within or contiguous to project area: a. Names of stream(s) or name(s) of river(s)to which it is a tributary: Fall Creek 14. Lakes,ponds, or wetland areas within or a. Name(s): NA contiguous to project area: b. Size(s) (in acres): 15. Has site been used for land disposal of solid []Yes ONo []N/A and/or hazardous wastes? Describe: 16. Is the site served by existing public utilities? [�]Yes ❑No ❑N/A a. If Yes, does sufficient capacity exist to allow connection? ❑Yes No ❑N/A b. If Yes, will improvements be necessary to ❑yes o QN/A allow connection? 5 -B. PROJECT DESCRIPTION . Physical dimensions and scale of project (fill in dimensions as appropriate): 4 ' x ' la. Total contiguous area owned by project sponsor in acres: or square feet: _2,400 S lb.Project acreage developed: 0 Acres initially: 0 Acres ultimately: 0 le. Project acreage to remain undeveloped: 2,400 SF ld.Length of project in miles (if appropriate): NA or feet: le. If project is an expansion, indicate percent of change proposed: NA lf. Number of off-street parking spaces existing: 1 proposed: 1 lg. Maximum vehicular trips generated (upon completion of project)per day: NA and per hour: lh.Height of tallest proposed structure in feet. 0 No new structures proposed 1 j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? 0 2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: 0 or added to the site: 0 3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres: 0 type of vegetation: 4. Will any mature trees or other locally important vegetation be removed for this project? No 15. Are there any plans for re-vegetation to replace vegetation removed during construction? No 6. If single-phase project, anticipated period of construction: NA months (including demolition) 7. If multi-phased project, anticipated period of construction: months (including demolition) 7a. Total number of phases anticipated: 1 [:7—b—.Anticipated date of commencement for first phase: July month 2015 year(including demolition) 7c. Approximate completion date of final phase: July month 2015 year. 7d.Is phase one financially dependent on subsequent phases? ®Yes [3NoJ[X]�/A 8. Will blasting occur during construction? ®Yes QNo EUN/A If yes, explain: 9. :Number of jobs generated during construction: 0 After project is completed: 0 110.Number of jobs eliminated by this project: 0 Explain: 11. Will project require relocation of any projects or facilities?❑Yes �o /A If yes, explain: [12a7. 1ssurface or subsurface liquid waste disposal involved?❑Yes OKXNo M/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? DO Yes o[7]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 M/A Site is located adjacent to a floodway, but site is not in a flood zone 6 PROJECT T' conc e ) 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Cr°ee , Cascadilla Creels, Cayuga Lake, Six Mile Creek, or Silver Creek? (Circle all that apply.) 1c. 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 �Xo /A; 14 . If#14a., b., or c. is yes, explain: Parcel is located adjacent to Fall Creek 15a. Does project involve disposal of solid waste? ❑Yes o /A L15b. If#15a. is yes, will an existing solid waste disposal facility be used? []Yes ❑No [:]]N/A E15 . I�#1 �b. iyes, 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? CJ Yes �o M/A If yes, explain: 15e. Will any solid waste be disposed of on site? K3Yes �o /A If yes, explain: 16. Will project use herbicides or pesticides? ❑Yes �o M/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? E3Yes �Xo ON/A; if yes, explain: 18. Will project produce odors? []Yes 1C o M/A If yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? ❑Yes oM/A After construction?❑Yes X o M/A 20. Will project result in an increase of energy use?❑Yes NQNo M/A If yes, indicate type(s): 1. Total anticipated water usage per day in gals./day: 0 Source of water: 7 C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? []Yes EQNo /A If yes, indicate the decision required: E3 Zoning Amendment FE-J]Zoning Variance ❑New/Revision of Master Plan [E--J] Subdivision ® Site Plan [3 Special Use Permit 0 Resource Management Plan ®Other: [2. What is the current zoning classification of site? R- b with Recreational River Overlay 3. If the site is developed as permitted by the present zoning, what is the maximum potential development? Recreational River regulations prohibit new residential construction within 10 feet of Fall Creek, but allow legally existing residential structures to remain and be expanded by up to 50 sq. ft.Therefore, present zoning allows a 500 sq. ft. expansion of the existing 800 sq. ft. residential structure. . Is proposed use consistent with present zoning? Yes ONo []N/A . If#4 is no, indicate desired zoning: 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? NA 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? ■Yes ONo /A If no, explain: 8. What is the dominant land use and zoning classification within a 1/4 mile radius of the project? (e.g., R-la or R-lb) R-3b and P-1 9. Is the proposed action compatible with adjacent land uses? Yes �o M/A Explain: Action is sale of land 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 11. Will the proposed action create a demand for any community-provided services? (e.g., recreation, education, police, fire protection, etc.)? [3Yes �o M/A Explain: If yes, is existing capacity sufficient to handle projected demand? E]Yes [3N0 ONUA Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes WNo ON/A If yes, is existing road network adequate to handle additional traffic? Yes ❑ o M/A Explain: 8 D. APPROVALS 1. Approvals: Common Council approval is required to withholdtax-foreclosed pr r r sale public auction 2a. Is any Federal permit required? OYes o /A Specify: b. Does project involve State or Federal funding or financing?❑YesJ[KNo [3N/A If Yes, Specify: c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council Yes Authorize sale 4/15 6/15 Board of Zoning Appeals (BZA) No Planning & Development Board No Ithaca Landmarks Preservation Commission (ILPC} Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) 9 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: Nels Rohn Signature: Title: 1URA Director of Community Development xxx�xxxxxxr�xxrrxEND OF PART1 xxxxxxxxxx�xxxxxx 10 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Sell Tax Map Parcel #12.-1-2, 401 Lake Street, at Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? ❑ Yes ❑No Any construction on slopes of 15% or greater(1 5-footrise per 100 feet of length) or where general slope in the project ❑ ❑ ❑ Yes ❑ No exceeds 10%. Construction on land where depth to the water table is less ❑ ❑ Yes ❑ No than 3 feet. Construction of parking facility/area for 50 or more vehicles. ❑ ❑ ❑ Yes ❑ No Construction on land where bedrock is exposed or generally ❑ ❑ ❑ Yes ❑ No within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve ❑ ❑ Yes ❑ No more than one phase or stage. Evacuation for mining purposes that would remove more than ❑ ❑ Yes ❑ No 1,000 tons of natural material (i.e., rock or soil) per year. Construction of any new sanitary landfill. ❑ ❑ ❑ Yes ❑ No Construction in designated floodway. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? ❑ Yes ❑ No Specific land forms (if any): ❑ ❑ ❑ Yes ❑ No 1 of 11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Sell Tax Map Parcel #12.-1-2, 401 Lake Street, at Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? ❑ Yes ® No Developable area of site contains protected water body. ❑ ❑ ❑ Yes ❑ No Dredging more than 100 cubic yards of material from channel ❑ ❑ Yes ❑ No of protected stream. Extension of utility distribution facilities through protected ❑ ❑ Yes ❑ No water body. Construction in designated freshwater wetland. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4. Will project affect any non-protected existing or new body of water? ❑ Yes ® No A 10% increase or decrease in surface area of any body of ❑ ❑ Yes ❑ No water or more than 10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that ❑ ❑ Yes ❑ No exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, ❑ ❑ Yes ❑ No Cayuga Lake, or Cayuga Inlet? Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Sell Tax Map Parcel #12.-1-2, 401 Lake Street, at Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 5. Will project affect surface or groundwater quality? ❑ Yes ® No Project will require discharge permit. ❑ ❑ ❑ Yes ❑ No Project requires use of source of water that does not have ❑ ❑ Yes ❑ No approval to serve proposed project. Construction or operation causing any contamination of a ❑ ❑ Yes ❑ No public water supply system. Project will adversely affect groundwater. ❑ ❑ ❑ Yes ❑ No Liquid effluent will be conveyed off the site to facilities which ❑ El ❑ Yes ❑ No do not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of ❑ ❑ Yes ❑ No 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an ❑ ❑ ❑ Yes ❑ No obvious visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical ❑ ❑ Yes ❑ No products greater than 1,100 gallons. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 3of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Sell Tax Map Parcel #12.-1-2, 401 Lake Street, at Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? ❑ Yes ® No 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 (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON AIR 7. Will project affect air quality? ❑ Yes ❑ No Project will induce 500 or more vehicle trips in any 8-hour ❑ ❑ Yes ❑ No period per day. Project will result in the incineration of more than 2.5 tons of ❑ ❑ Yes ❑ No refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million ❑ ❑ ❑ Yes ❑ No BTUs per hour. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Sell Tax Map Parcel #12.-1-2, 401 Lake Street, at Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? ❑ Yes ® No Reduction of any species, listed on New York or Federal list, ❑ ❑ Yes ❑ No using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife ❑ ❑ Yes ❑ No habitat. Application of pesticide or herbicide more than twice a year ❑ ❑ Yes ❑ No other than for agricultural purposes. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 9. Will proposed action substantially affect non-threatened or non-endangered species? ❑ Yes ❑ No Proposed action would substantially interfere with any El ❑ Yes ❑ No resident or migratory fish, or wildlife species. Proposed action requires removal or more than '/z acre of ❑ ❑ Yes ❑ No mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 5of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Sell Tax Map Parcel #12.-1-2, 401 Lake Street, at Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? ® Yes ❑ No Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current ❑ ❑ ❑ Yes ❑ No surrounding land use patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or ❑ ❑ Yes ❑ No significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening ❑ ❑ Yes ❑ No of scenic views known to be important to the area. Other impacts (if any): The existing residential structure on the parcel is located immediately adjacent to the Fall Creek cliff and prominently visible at key public viewing points of Ithaca Falls. The currently vacant and boarded- ® ❑ ❑ Yes ❑ No up residential structure detracts from the quality of the scenic views. Sale of the property will not directly affect existing scenic views. IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? [:] Yes ❑ No Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the ❑ ❑ ❑ Yes ❑ No National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located ❑ ❑ Yes ❑ No within the project site. Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a ❑ ❑ ❑ Yes ❑ No landmark district. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 6of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Sell Tax Map Parcel #12.-1-2, 401 Lake Street, at Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? 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 ❑ No The permanent foreclosure of a future recreational ❑ ❑ Yes ❑ No opportunity. A major reduction of an open space important to the community. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): The existing residential structure on the parcel is located immediately adjacent to the Fall Creek cliff and prominently visible at key public viewing points of Ithaca Falls. The currently vacant and boarded- up residential structure detracts from the quality of the z ❑ ❑ Yes ❑ No adjacent open space. Sale of the property will not directly affect existing character of the area. IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will 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 ❑ No Proposed action to locate within a UNA or CEA? ❑ ❑ ❑ Yes ❑ No Proposed action will result in reduction in the quality of the resource. (visual quality and character of Fall Creek ® ❑ ® Yes ❑ No Gorge could be improved by removal or rehabilitation of the residential structure. Proposed action will impact use, function, or enjoyment of the ❑ ❑ ❑ Yes ❑ No resource. Other impacts (if any): ❑ ❑ [—] Yes ❑ No 7of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Sell Tax Map Parcel #12.-1-2, 401 Lake Street, at Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? ❑ Yes ❑ No Alteration of present patterns of movement of people and/or ❑ ❑ ❑ Yes ❑ No goods. Proposed action will result in major traffic problems. ❑ ❑ ❑ Yes ❑ No Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? ❑ Yes ® No Proposed action causing greater than 5% increase in any ❑ ❑ ❑ Yes ❑ No form of energy used in municipality. Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- ❑ ❑ ❑ Yes ❑ No or two-family residences. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 8of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Sell Tax Map Parcel #12.-1-2, 401 Lake Street, at Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? 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 ® No Blasting within 1,500 feet of a hospital, school, or other ❑ ❑ Yes ❑ No sensitive facility? Odors will occur routinely(more than one hour per day). ❑ ❑ ❑ Yes ❑ No Proposed action will produce operating noise exceeding local ❑ ❑ Yes ❑ No ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act as ❑ ❑ ❑ Yes ❑ No noise screen. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? ❑ Yes ❑ No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, ❑ ❑ Yes ❑ No radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Proposed action may result in burial of"hazardous wastes" in any form (i.e., toxic, poisonous, highly reactive, radioactive, ❑ ❑ ❑ Yes ❑ No irritating, infectious, etc.) Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of ❑ ❑ ❑ Yes ❑ No solid or hazardous wastes. Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, ❑ ❑ ❑ Yes ❑ No radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). 9of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Sell Tax Map Parcel #12.-1-2, 401 Lake Street, at Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON PUBLIC HEALTH (cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. ❑ ❑ ❑ Yes ❑ No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any ❑ ❑ Yes ❑ No residential, commercial, or industrial property in excess of 30,000 square feet. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? ❑ Yes ❑ No The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human ❑ ❑ ❑ Yes ❑ No population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of ❑ ❑ ❑ Yes ❑ No this proposed action. Proposed action will conflict with officially adopted plans or ❑ ❑ ❑ Yes ❑ No goals. Proposed action will cause a change in the density of land ❑ ❑ ❑ Yes ❑ No use. Proposed action will replace or eliminate existing facilities, ❑ ❑ Yes ❑ No structures, or areas of historic importance to the community. Development will create demand for additional community ❑ ❑ Yes ❑ No services (e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future ❑ ❑ Yes ❑ No actions. Proposed action will relocate 15 or more employees in one or ❑ ❑ Yes ❑ No more businesses. 10 of 11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Sell Tax Map Parcel #12.-1-2, 401 Lake Street, at Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 19. Is there public controversy concerning the proposed action? ❑ Yes ❑ No ❑ Unknown — 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 — 11 of 11 5/8/2015 City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM - Part III Sell Tax Map Parcel 12.4-2,401 Lake Street at Public Auction May 7, 2015 PROJECT DESCRIPTION By standing City policy, properties acquired through tax foreclosure are sold to the highest bidder through the annual tax foreclosure auction, unless Common Council directs the City Chamberlain to take an alternative course of action. 401 Lake Street (#12.-1-2) contains a vacant, small residential structure, located adjacent to Fall Creek and the Ithaca Falls Natural Area. The house is currently unoccupied and boarded-up. This parcel is proposed to be offered for sale to the highest bidder at public auction. This action is a type I classification is due to the site's location contiguous to Fall Creek and the Ithaca Falls Natural Area. Public Comment The City of Ithaca Natural Areas Commission submitted comment dated 5/5/15 that recommends that this parcel be withheld from the tax auction and "use the period up until the 2016 tax auction to gather public input and to study and consider the City's options for the property, including parkland designation and/or inclusion in the Ithaca Falls Natural Area". The City of Ithaca Planning& Development Board submitted comment dated 5/5/15. The Board urges Common Council to retain#12.-1-2,401 Lake Street, as well as the adjacent parcel#12.-1-1 in city ownership for the purpose of expanding and protecting Fall Creek Gorge and Natural Area. The Board notes that acquiring both parcels (#12.-1-1 and#12.-1-2) is a rare opportunity that will have a lasting benefit to the community—far outweighing any possible cost offset of selling 401 Lake Street. Aesthetic&Open Space Resources The existing residential structure on the parcel is located immediately adjacent to Fall Creek and prominently visible at key public viewing points of Ithaca Falls. The currently vacant and boarded-up residential structure on the site detracts from the quality of the scenic views and open space character. Future use of the parcel will impact aesthetic and open space resources. Scenic views and community character could be improved if the structure were removed or rehabilitated. As the house has been in place for at least 50 years, sale of the property to recover back taxes will not diminish existing resources. The property is regulated by the Recreational River regulations that prohibits new residential development within 150 feet of Fall Creek and limits existing residential structures to a cumulative expansion of 500 square feet, so reasonable land use regulatory protection is in place to protect against significant adverse environmental impact. Sale of the property will not have a significant impact on existing the scenic or open space resources. Prepared by: Nels Bohn, Director of Community Development, IURA 5/8/2015 Page 1 of 1 City of Ithaca , NY 2014 LEGEND ❑ Tax Parcels Primary Commons Zone Secondary Commons ZonE ❑ Historic District ❑ Zoning District Certificate of AppropriatenE 1 Railroad Parcel Border Tr I � t 22 3 . J� Printed: 4/6/2015 http://geo.tompkins-co.org/SL/Viewer.html? 1-747 85.54 Feet Viewer=cityproperties Data contained on this map was provided or derived from data developed or 401 Lake Street-aerial photo compiled by the City of Ithaca, and is the best available to date. The originators do not warrant the accuracy or completeness of the information portrayed by the data. C 4u RM _ IlkIf_�ll I fir.. 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Department of Environmental Conservation AM Division of Fish and Wildlife Bureau of Environmental Protection PART 666 Regulatlion f .._ Administration and Managenie-nt of the Wild, Seenic and Recreational R-I' ver System I'm, New York State Excepting the Adfirondack S[aftittory Authority: Environmental Conservation Law Article 15 , Title 27 June 1994 c New York State Depa&nent of Environmental Conservation MARIO M. CUOMO, Governor LANGDON MARSH, Commissioner area° GrOGoa Permits. (a) The procedures and schedules for applications for rivers system permits are governed by Article 70 (Uniform Procedures Act) of the Environmental Conservation Law "ECLAO and its implementing regulations contained in Parts 621 and 624 of this Title. An application for a permit will be filed by the applicant with the regional permit administrator on a form prescribed by the Department. Such application must set forth the purpose, character and extent of the proposed regulated activity and shall set forth in detail the reasons the applicant seeks a permit. The application will include: 1. a detailed description of the regulated activity; 20 a map showing the area affected, with the location of the proposed regulated activity and the river; 3 . a statement addressing feasible alternatives which do not affect river area resource values or on a site that is not regulated by this Part; 4 . a statement identifying the owner of the subject property and, where applicable, written permission of said owner for the applicant to seek permission for, and to carry out, the proposed activity; 5. a description of the planned use of the subject property once the proposed regulated activity is completed; 6. a plan at a scale acceptable to the Department which identifies the lot boundary and the river; 7. clearly labeled photographs of the site; 8 . a variance request when applicable as specified in Section 666. 9; and 9 . such additional information as the regional permit administrator deems necessary to enable the department to make the findings and determinations required under this Part. For example, the applicant may be required to submit a list of the names of the owners of record of lands adjacent to the subject property upon which the regulated activity is to be undertaken. (b) The Department may require the applicant to provide a reasonable number of copies of the application, including associated documents and maps, for the purpose of public review. (c) The Department may treat the application as a request for a determination that the proposed project is an action which does not require a permit under this Part. (d) The date of expiration of any permit issued pursuant to this part will be not more than five years from the date such permit was issued. (e) Review procedures are governed by article 8 (State Environmental Quality Review Act) of the ECL and its implementing 13 regulations contained in Part 617 of -this Title. Peviews and determination of any permit application from a state agai-icy 'must bc�- conducted by the department, and must not be delegated to any local government. (f) Before a river system permit is issued, it must first be determined that: (1) The proposed land use or development is consistent with the purposes and policies of the Act and with the provisions of this Part; (2) The resources specified in Section 666 . 2 (e) of this Part will be protected and the proposed activity will not have an undue adverse environmental impact; (3) No reasonable alternative exists for modifying or locating the proposed activity outside of the designated river area; and (4) Actions proposed to be undertaken by state agencies are designed to preserve, protect or enhance the resources and values of designated rivers. (g) Any permit issued pursuant to this Part may be issued with conditions as are necessary to assure the preservation and protection of affected river area resources and to assure compliance with the policy and provisions of the Act and the standards and provisions of this Part. (h) Any permit issued pursuant to this Part may authorize the undertaking of the authorized regulated activity on a periodic basis, as specified in the permit, over a period of time not exceeding five years from the date of issuance of the permit. Such permit shall contain a condition requiring the permittee to notify the Department at least fourteen days in advance of each occasion upon which the permitted activity will be conducted. 666- 9. Variances from the regulations. (a) No variance may authorize any development or improvement prohibited by the Act. The Department, upon receipt of a written request made in conjunction with a permit application pursuant to this Part, may vary or modify any provision of this Part relating to allowable land uses or development so long as it is the minimum variance necessary and only if: (1) in the case of a request for a use variance, the provision(s) to be varied or modified would cause an unnecessary hardship for the applicant. In order to prove such unnecessary hardship the applicant must demonstrate that: (i) the provision (s) to be varied or modified deprive the applicant of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence; (ii) the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the river corridor; (iii) the requested use variance, if granted, will 666 , .a 3 , gable Of use guidelines The table and listing of uses, restrictions and standards in this section is incomplete. It includes many of the most often used provisions of this Panto Notes in the tables provide additional standards, restrictions and references. 19 WILD, SCENIC AND RECREATIONAL RIVERS SYSTEM 6NYCRR PART 666 USE GUIDELINES Classes of Rivers: Procedural Requirements: Mild Rivers NPN No permit necessary. Scenic Rivers NR Notification required. Recreational Rivers P Permit required. Communities P1 Presumed incompatible. X Prohibited use. LAND USES AND DEVELOPMENTS WILD SCENIC RECREATIONAL CO1.9MU- NITY A. EXISTING LAND USES 1. Continuation, without change, of Land uses Lawfully existing on the date upon which this Part first takes effect in the river area. NPN 14PN NPN ON 2. Maintenance, rehabilitation, restoration, replacement or reconstruction without change of lawfully existing structures or their improvements. NPN NPN NPN NPN 3. Resumption of a Land use after it is discontinued for one year. [See Note (i)] P P P P 4. Development of any lawfully existing Lot for Land uses or developments allowed in the river area notwithstanding that the Lot may not satisfy the specified minimum lot area or shoreline frontage widths. [See Note (ii)] P P P P NOTE: (i) This requirement is not applicable to agricultural Land which has been farmed in two of the preceding five years or which is enrolled in a federal set-aside program as part of a certified farm plan. (ii) ALI contiguous parcels held in actual or effective ownership on or after the date upon which this Part first takes effect in a given river area shall be deemed a single lot. B. DAMS, IMPOUNDMENTS AND WATER WITHDRAWALS 1. Modification of the waterway by impoundment, diversion, rip-rap, bulkheads, structures or improvements impeding or altering the natural flow of water or free-flowing condition of the river. [See Part 666.11(a) & Note] X X X X 2. Water withdrawals from the river subject to the provisions of Part 666.11(b). X P P P 3. Surface water diversions subject to the provisions of Part 666.11(b). X P P P 4. Groundwater withdrawals subject to the provisions of Part 666.11(b)(2). X P P P 5. Water releases from impoundments in the watershed of the designated segment subject to the provisions of Part 666.11(b). X P P P 6. Water-related or water-dependent land uses or developments in the watershed of a designated river segment and which affect all or part of the flow in the designated river subject to the provisions of Part 666.11(b). X P P P NOTE: New construction or operation of hydroelectric generation facilities wiLL be permitted at existing dams on scenic and recreational rivers subject to the provisions in Part 666.11(a)(3). 20 WILD SCENIC RECR COMM C. RESIDENTIAL STRUCTURES 1. Private dwellings, mobile homes, and multiple family dwellings Located within the 100-year floodplain or within 150 feet of the river and/or tributary bank. X X X X 2. Private dwellings and mobile homes dwellings: a) located between 150 and 250 feet of the river or tributary bank. [See Notes (i)-(vi)] X X P NPN b) located more than 250 feet from the river or tributary bank. [See Notes (i)-(vi)] X P P NPN 3. Multiple family dwellings located more than 150 feet from the river bank. [See Notes (i), (iv)-(vi)] X X P P 4. Conversions of existing principal buildings associated with resort hotels, rental. cottages and group camps to residential use. X X P P 5. Expansions of Lawfully existing residential structures which do not exceed any standard in this Part up to a cumulative total of 500 square feet from the date this Part first takes effect. X NPN NPN NPN NOTE: (i) All new residential structures constructed within 500 feet of the bank must be screened by vegetation or topographic features as viewed from the river; must not exceed 34 feet in height; and must not be constructed on a slope greater than 15 percent. (ii) Each private dwelling or mobile home in a scenic river area must be on a lot of at least 4 acres and have, when applicable, a shoreline frontage of at least 300.feet. (iii) Each private dwelling or mobile home in a recreational river area must be on a lot of at least 2 acres and have, when applicable, a shoreline frontage of at least 200 feet. (iv) Multiple family dwellings must be on a lot of at least one acre per living unit and have, when applicable, a shoreline frontage of at least 200 feet. (v) Clustering will be encouraged and may be allowed by rivers system permit in order to maintain undeveloped and undisturbed open areas. (vi) When clustering is permitted, the minimum cumulative, developable acreage, density and, when applicable, shoreline lot width must be satisfied for the parcel as a whole. For scenic and recreational river areas, not less than 40 percent or 30 percent of the clustered subdivision respectively will be retained in an undisturbed condition during and after development. D. NON-RESIDENTIAL STRUCTURES 1. Agricultural use structures located 100 feet or more from the river bank. [See Notes (i) & (ii)] X NPN NPN NPN 2. Forest management and accessory structures (other than docks and boathouses) located on slopes of. 15% or less, beyond the 100-year floodplain and: a) 150 feet or more from the river bank, whichever is greater. [See Notes (i)-(iii)] X X NPN NPN b) 250 feet or more from the river bank, whichever is greater. [See Notes (i)-(iii)] X NPN NPN NPN 3. Lean-tos a) with less than 200 sq.ft. of floor space. [See Notes (i)- X NPN NPN NPN (iii)] b) with 200 sq.ft. or more of floor space. [See Note (ii)] X P P P 4. Docks. [See Note (iv)] X P P P 5. Boathouses for boat storage or shelterage only.[See Note (ii)] X P P P 6. Stream improvement structures for fishery management purposes. X P P P - 7. Fences. X P P P NOTE: (i) Structures listed above as NPN are P when located less than 500 feet from the river bank or 250 feet from the bank of a tributary but beyond the setbacks specified above. (ii) No new non-residential structure shall exceed 34 feet in height except agricultural silos. (iii) New forest management and accessory structures constructed within 500 feet of the bank of the river shall be screened by vegetation or topographic features as viewed from the river. (iv) Any new dock will be designated and developed so as to minimize its intrusion, if any, into the river and will not impede its natural flow or, if applicable, its navigability. 21 I »� WILD SCENIC RECR COMM E. ROADS, TRAILS, BRIDGES AND MOTORIZED ACCESS 1. Private or public roads and private driveways greater than 100 ft. long- [See (dotes 1, 2, and 3(i)] P P P € 2. Forest management roads and tributary bridges: a) located less than 150 feet from the bank of the designated river. x X 9 X b) located 150 feet or more from the bank of the designated river. NPN NPN NPN NPN 3. Trails. [See Notes 300 and (iii)] P P P P 4. The use and operation of motor vehicles or motorized equipment a) for forest management purposes only. NPN NPN NPN NPN b) required for any other allowable use. X NPN NPN NPN 5. Bridges: a) other than over a designated river, for non-motorized open space recreational uses. [See Notes 1(i) and 2(i)] X NPN NPN NPPJ b) over a designated river for public roads or for non- motorized open space recreational uses. [See Notes 1(i), 20) and 3(iii)] X P P P NOTE: 1. For Areas With A Scenic River Designation: (i) New or extended public roads, private roads open to the public, and any bridges necessary thereto may be constructed only to provide access for the public to the shoreline of a portion of a scenic river area that is at least 2 land-miles, as measured along the river, from the nearest existing public access on the same side of the river. Except for that portion of a public road uhich provides access to a river, all such new or extended roads shall be constructed no closer than 500 feet from the river bank. (ii) If no vehicle access exists to a new or existing water- dependent residential or agricultural Land-use or development, within a scenic river area, a new private road may be allowed provided that it is not open to the general public, is located at all points at least as far from the river as the Land-use or development, and is not located inside or within 100 feet of the river bank. 2. For Areas with a Recreational or Community Designation: (i) All roads, bridges, and motorized access customarily associated with allowable uses in recreational river areas shall be allowed inside or within 500 feet of the river bank only as such uses are necessary for access to or for crossing the designated river. (ii) If there is no vehicle access to a new or existing land use or development within a recreational river area, a new private road may be developed only if it is not open to the general public, is located at all points at least as far from the river as the land use or development to which it will provide access, and is not located inside or within 100 feet of the river bank. (iii) If there is no vehicle access to a new or existing cortinerciaL, industrial or institutional land use or development dependent upon river access within a community, a new private road providing access to the river may be developed only if it is located at all points at least as far from the river as the land use or development to which it will provide access and is not located inside or within 100 feet of the riverbank, except for single points of access. 3. For ALL Designated Areas: (i) Any new public or private road for non-motorized open space recreation uses shall be reasonable and necessary; be Located, designed, and constructed to minimize its visibility from the river, to minimize alteration of the natural environment, and to avoid undue adverse environmental impacts; have its uses effectively restricted to those specified by the person undertaking such activity; and have any associated bridges designed so as to not interfere with the recreational use of the river. (ii) Any new trail for non-motorized open space recreation uses shall be located, designed, and constructed to minimize its visibility from the river, to minimize alteration of the natural environment, and to avoid undue adverse environmental impacts; have its uses effectively restricted to those specified by the person undertaking such activity; and have any associated bridges designed so as to not interfere with the recreational use of the river. (iii) Any bridge associated with a new trail shall be constructed, to the greatest extent, of naturally occurring materials. 22 WILD SCENIC RECR COON F. WATER DUALITY, WASTEWATER TREATMENT, AND WASTE DISPOSAL 1. Private water supply wells. X P P P 2. Private sewage disposal systems. X P P P 3. Waste treatment, storage or disposal except in temporary containers specifically intended for storage of such refuse. X X X X NOTE: For additional concerns, standards and requirements, see Section 666.12 on preservation of water quality. G. SIGNS AND COMMERCIAL SIGN DIRECTORIES 1. Public safety or regulatory signs by any authorized state or local government agency or public utility, where otherwise allowed by Law. X NPN NPN NPN 2. Posting signs pursuant to Sections 11-2109 and 11-2111 of the Environmental Conservation Law that: a) do not exceed 3 sq.ft. in size or 10 feet in height; X NPN NPN NPN b) exceed 3 sq. ft. in size or 10 feet in height. X P P P 3. Informational and directional signs as are necessary to the continuance of any existing use that: a) do not exceed 1 sq.ft. in size or 10 feet in height. X NPN NPN NPN b) exceed 1 sq. ft. in size or 10 feet in height. X P P P 4. All other signs which are located more than 500 ft. from the river bank, do not contain nor are lighted by any flashing or intermittent lights, and: a) are no larger than 3 sq. ft. in size and are located only upon the property with which the subject of the sign is associated. X P P P b) are no larger than 10 sq. ft. in size. X X P P N. PUBLIC UTILITY USES _J. Public utility uses which are subject to review pursuant to Articles VII, Vill, and X of the Public Service Law. X NPN NPN NPN 2. Public utility uses which do not constitute major public utility uses, do not cross the designated river and are pro posed to be located more than 500 feet from the river bank. X NPN NPN NPN 3. Public utility uses which are not subject to Articles VII, VIII, and X of the Public Service Law which a) are major public utility uses. [see Notes (iii)-(iv)] X P P P b) are proposed to cross the river, or located within 500 feet of the river bank. [see Notes (i)-(iv)] X P P P NOTE: (i) River crossings by public utility uses shall be located only where the impacts on the scenic qualities of the river area, as seen from other parts of the river area, are minimized. (ii) River crossings by public utility uses shall be limited in number and location, to the extent feasible, to those points along a river where crossings are now made, or in conjunction with bridges, but in no case shall they be more frequent than once every 2 miles, as measured along the course of the river. (iii) A river area public utility use shall be so located, designed and constructed as to avoid undue adverse environmental impacts and to minimize visibility from the river and from other parts of the river area. (iv) No pole erected for any public utility use, other than those utility uses under the jurisdiction of Article VII or Article VIII of the Public Service Law, shall exceed 40 feet in height. 23 WILD SCENIC RECR COMM 1. FOREST MANAGEMENT, VEGETATIVE CUTTING AND AGRICULTURE 1. Forest management practices, excluding forest management roads, and other vegetative cutting: a) located less than 100 Meet from the river bank. (see Notes below) X P P P b) located 100 feet or more from the river bank. NPN NPN NPN NPN 2. Clearcutting a) areas less than 25 acres. NPN NPN NPN NPN b) areas 25 acres or more, aggregating areas of 8 acres or more which are separated by less than 300 feet at any point by an intervening area with an average basal area of at Least 60 sq.ft. per acre of trees one inch or more in diameter at breast height. (see Notes below) P P P P 3. Harvesting, cutting, culling, removal, thinning or other disturbance of vegetation, not associated with development. a) located less than 100 feet from the river bank. (see Notes below) X P P P b) located 100 feet or more from the river bank. X NPN NPN NPN 4. Agricultural uses a) less than 100 feet from the river bank. [See Note (xvi)] X NR NR NR b) 100 feet or more from the river bank. X NPN NPN NPN NOTE- (i) Trees must be felled, where possible, so tops land away from streams. (ii) Logging debris must be removed from streams immediately. (iii) Tributary crossings may be no closer than 300 feet apart and must be at right angles to the stream channel. (iv) Tributary crossings are prohibited where stream bank slopes exceed 10 percent or the stream bottom is not composed substantially of rock. (v) Skidding or winching of logs or trees in or along the axis of tributary channels or across wild rivers is prohibited. (vi) Log landings must be located on well drained sites 200 feet or more from the river bank and on slopes of less than 10 percent. (vii) Road grades may exceed 30 percent for no more than 150 feet. (viii) CLearcuttings must leave a 50 foot uncut strip along streams, ponds and wetlands and must be conducted under a harvesting plan approved by the Department. (ix) All roads, including skidways, must be regraded after Logging is completed. (x) Diversion devices must be installed during construction of roads on slopes exceeding 10 percent in such a way that water is diverted from the road and is not discharged directly into the designated river or its tributaries. (xi) Any debris resulting from forest management must, if such debris consists of hardwoods, be lopped so that no such debris is piled higher than 4 feet abavp ground level or, if such debris consists of conifers, lopped so that all limbs are removed up to a point where the tree trunk has a diameter not exceeding 3 inches. (xii) Forest management roads must be located so as to minimize their visibility from the river. (xiii) Logging equipment must not be stored within the banks of the river or abandoned within the river area. (xiv) No forest management roads will be allowed inside or within 150 feet of the river bank, except those forest management roads necessary for crossing the designated river and developed pursuant to a rivers system permit. (xv) The harvesting, cutting, culling, removal or thinning of vegetation inside or within 100 feet of the bank of the river, that is allowed with a rivers system permit, must be undertaken in a manner that preserves the stability of the river bank and minimizes erosion and direct runoff to the river. Such cutting must be performed in recreational river areas for the purpose of creating a view provided that it occurs only in association with a residential structure and that screening of the structure is maintained as viewed from the river. (xvi) New agricultural uses within 100 feet of the river bank must be done in accordance with the best management practices (KIP's) contained in the certified county Soil and Water Conservation District conservation plan for the farm. A letter of notification and a copy of the certified farm plan must be submitted to the regional DEC permit administrator prior to commencement of any clearing or removal activities. Failure to comply with the applicable BMP's will be considered a violation of this Part. 24 WILD SCENIC RECR COMM J. RECREATIONAL USES AND DEVELOPMENTS 1. Boat launching sites, water access parking areas.(See Note (03 X P P P 2. Transient lodging facilities including campgrounds. [See Note 003 X X P P 3. Wildlife preserves and private parks. (See Note 003 X NPN P P 4. Non-motorized open space recreation uses. NPN NPN NPN NPN 5. Public parks and beaches. [See Note 003 X X P P 6. Golf courses which are operated in full compliance with the provisions of an approved vegetative and integrated pest management (IPM) control plan that includes protection for water quality, wildlife habitats and wildlife travel corridors. [See Note 003 X X P P 7. Accessory uses for any authorized land use or development. X NPN NPN NPN NOTE: (i) Any new boat launching site or water access area will be designated and developed so as to minimize its intrusion, if any, into the river and will not impede its natural flow or, if applicable, its navigability.. (ii) In scenic and recreational river areas, new structures other than fences, leantos, docks, bridges, water access parking areas, boat lauching sites, and agricultural-use structures shall not be constructed on slopes of 15 percent or greater and shall be constructed beyond either: (a) the limit of the 100-year floodplain; or (b)(1) in scenic river areas, two hundred and fifty feet (250) feet from the river bank or any tributary; (2) in recreational river areas, one hundred and fifty (150) feet from the river bank or any tributary; whichever is greater. 25 WILD SCENIC RECR Comm K. MISCELLANEOUS USES AND DEVELOPMENTS 1. Railroad and appurtenant facilities. X X P P 2. Retail or rental facilities directly associated with river recreation with 10% or less lot coverage on 3 or more acres. X X P P 3. Other commercial, industrial, or institutional uses. (See Notes (i)-(xi)] X X X P 4. Subdividing of land: a) one and two lot subdivisions for residential development. X P P NPN b) all other subdivision of land. X P P P 5. Disturbances of the bed or banks of the river including fill, excavation or permanant structures. X P P P 6. Disposal of refuse and human waste of any nature in a river area except in temporary containers specifically intended for storage of such refuse until collection from its point of generation. X X X X NOTE: (i) New development must be screened from the view of the river. It must not detract or interfere with the quality of the view, or exceed 34 feet in height unless it is not visible from other points in the river corridor. (ii) New lots must be 3 acres or more of which 30% must remain in an undisturbed condition during and after construction. (iii) Existing lots that are smaller than 3 acres may be developed for industrial, commercial and institutional uses so long as they are able to conform to the other provisions in these notes. (iv) Lot coverage may not exceed 10% of the lot area. Wetland, 100-year floodplain, and open water land is excluded from Lot coverage calculations, except open space calculations. Potential future development must be addressed by the applicant at the time of applying for approval of the initial development. (v) Developments must be setback a minimum of 100 feet from public roads except where such setback would interfere with the setback from the river or other resources. (vi) Development must not occur on slopes of 15% or greater. (vii) Natural drainage systems, including perennial and intermittent streams, swales, and drainage ditches in an open, undisturbed condition, along with adjacent vegetated filter strips must be maintained. (viii) Priority must be given to providing and maintaining Wildlife travel corridors and areas to support important wildlife and botanical values identified in the river corridor designation and final river corridor studies. (ix) New activities are limited to those which do not release harmful effluent into the groundwater or substantially and cumulatively alter associated water table or streamflow Levels. No discharge will be permitted at any point from any private or public sewage disposal system, in such a way or of such a nature or temperature, as can harm river corridor values. (x) Commercial, industrial and institutional uses may not exceed water usage equivalent to that of the residential development permitted on the lot under this Part (e.g. limited to dry stores or equivalent facilities). (xi) New commercial, industrial and institutional uses must be set back 500 feet from the river bank, 100 year flood plain, wetlands and tributaries. L. OTHER LAND USES AND DEVELOPMENTS NOT SPECIFICALLY LISTED P1 PI PI PI 26 Resolution Opposing Underground Hydrocarbon Storage Adjacent to Seneca Lake WHEREAS,the City of Ithaca Common Council recognizes the importance of the Finger Lakes region as a whole and its economy,tourism, and watershed to the vitality of Tompkins County, and WHEREAS,the City of Ithaca Common Council is aware of the critical role played by Seneca Lake in particular for its designation as a scenic byway,its role as a recreational asset and in promotion of tourism and viticulture, its importance to fish and wildlife, and for its role in providing drinking water for large segments of the adjacent population, and WHEREAS, the City of Ithaca Common Council has become aware that plans have been proposed for storage of liquefied propane gas and additional compressed natural gas in large quantities in abandoned salt caverns,never designed for such purposes, adjacent to Seneca Lake, and WHEREAS, it is the opinion of the City of Ithaca Common Council that the proposed industrialization of the west shore of Seneca Lake would adversely affect the economic future of the viticulture,tourism, and agricultural-based economy of the Finger Lakes region as a whole including those of Tompkins County, now therefore be it RESOLVED, on recommendation of the Planning&Economic Development Committee,that the City of Ithaca Common Council joins other municipalities in respectfully requesting that the New York State Department of Environmental Conservation withhold or rescind approval of any plan for gas storage adjacent to Seneca Lake, and be it further RESOLVED,that a copy of this resolution be forwarded to the United States Environmental Protection Agency,the Federal Energy Regulatory Commission,United States Senator Charles Schumer,United States Senator Kirsten Gillibrand,New York Governor Andrew Cuomo,New York Senate Leaders Dan Skelos, Jeff Klein, and Andrea Stewart-Cousins,New York Assembly Leaders Sheldon Silver and Brian Kolb,New York State Senators Michael Nozzolio, Thomas O'Mara, and James Seward,New York State Assemblyperson Barbara Lifton, Seneca County Board of Supervisors,Village of Watkins Glen Mayor and Trustees, and to the Tompkins County Council of Governments. CITY OF ITHACA A .o 7 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 DEPARTMENT OF PLANNING,BUILDING,ZONING, & ECONOMIC DEVELOPMENT U, �;� p:. ► Division of Planning&Development JOANN CORNISH,DIRECTOR OF PLANNING&ECONOMIC DEVELOPMENT �c®9poRa�Eo�� 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 and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: May 8, 2015 RE: Proposal to Create and Incentive Zoning District At the April meeting of the Planning Committee a proposal was brought forward requesting consideration of up zoning parcels in the CBD-60 along Aurora Street. At that meeting an alternative option of creating an incentive zoning district was discussed. At the direction of the Committee staff has begun exploring incentive zoning districts. Enclosed is a summary of the definitions and requirements of establishing an incentive zoning district according to the New York State General Municipal Law. Also enclosed is a map that shows location of the CBD-60 district. Incentive zoning is tool that allows a municipality to realize certain community-wide benefits in exchange for building incentives, such as additional floor area, or building height or a reduction in zoning requirements, such as parking. In order to establish an incentive zoning district the Common Council must clearly establish the incentives that can be acquired if pre-established benefits are provided to the community. The Common Council must also determine that the incentives being offered will not create significant environmental impacts and must also evaluate the impact that the potential incentive zoning will have on the potential development of affordable housing that will be gained or lost by the proposed development. Required benefits in order to qualify for incentives may include, providing affordable housing community amenities, such as day care centers, or parks; or payment in lieu of benefits. This proposal should be considered along with the enclosed memo from Lynn Truame regarding inclusionary zoning. An incentive district could allow the Council to establish additional community-wide benefits that they would like to obtain, however, a mandatory program would likely be more successful in creating additional affordable units in the City. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. Incentive Zoning Incentive zoning is an effective tool that can create strong public/private partnerships and can allow for the City to share the cost of Community-wide benefits with developers, in exchange for development incentives. Overview Incentive Zoning provides a pre-established bonus, such as reduced zoning restrictions, in exchange for amenities that the City determines to have community wide benefit. Definitions-NYS GML "Incentives or bonuses" - shall mean adjustments to the permissible population density, area, height, open space, use, or other provisions of a zoning ordinance, local law, or regulation for a specific purpose authorized by the legislative body of a city. "Community benefits or amenities" - shall mean open space, housing for persons of low or moderate income, parks, elder care, day care, or other specific physical, social, or cultural amenities, or cash in lieu thereof, of benefit to the residents of the community authorized by the legislative body of a city. "Incentive zoning" - shall mean the system by which specific incentives or bonuses are granted, pursuant to this section, on condition that specific physical, social, or cultural benefits or amenities would inure to the community. Requirements According to the NYS General Municipal Law a legislative body of a city is empowered, to provide for a system of zoning incentives, or bonuses, in order to advance the city's specific physical, cultural and social policies in accordance with the city's comprehensive plan and in coordination with other community planning mechanisms or land use techniques. Implementation(Summarized from NYS GML) Common Council may establish a zoning incentive system subject to the following conditions, according to NYS GML: • Council must follow the procedure for adopting and amending its zoning ordinance, local law, or regulations, including all provisions for notice and public hearing applicable for changes or amendments to such ordinances, laws, or regulations. • Each zoning district in which incentives or bonuses may be awarded must be designated in the city zoning ordinance. • Before establishing an incentive district, the Council must evaluate the effects of any potential incentives which are possible, including adequate transportation, water supply, waste disposal and fire protection. In addition, the Council will also need to determine that there will be no significant environmentally damaging consequences and that such incentives or bonuses are compatible with the development otherwise permitted. • If the granting of incentives is determined to have a significant effect on the environment Council must prepare a GEIS before the district can be established • In addition to designating a district that is eligible for incentive zoning, the Council will need to adopt a procedure by which incentives may be provided to specific lands, which should include the following: ■ Incentives, or bonuses, which may be granted ■ Community benefits or amenities which may be accepted ■ Criteria for approval, including methods required for determining the adequacy of community amenities ■ The procedure for obtaining bonuses, including applications and the review process, any terms and conditions attached to approval ■ Public Hearing Requirements • Prior to adopting a zoning incentive district, Council must evaluate the impact of the proposed district on the potential development of affordable housing gained or lost by the proposed development. ■ Council must determine that there is approximate equivalence between potential affordable housing lost or gained or that the city has or will take reasonable action to compensate provision of community amenities, to contain adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection. Further, the legislative body of a city shall, in designating such districts, determine that there will be no significant environmentally damaging consequences and that such incentives or bonuses are compatible with the development otherwise permitted. • If the Common Council determines that the desired benefits are not immediately feasible, they may accept payment in lieu, which must be deposited in a trust fund to be used exclusively or specific community benefits. LL - . � City- , \ I STR,EET - I met Iway � � , � �� _ -, ,, �� - Ce ery � � o,vrH - -- I _ I I I �G —1 J I _ I I - --� - I ■I - z L _ I m ' I I - � I I Y _ J -- - - Mun. 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Map Source: Tompkins County Digital Planimetric Map 1991-2005 City of Ithaca Zoning Map 2014 Map Prepared by: GIS Planning, City of Ithaca, NY, 2 March 2015 ■ ■ ■ Ithaca ■ ■ ■ Urban Renewal E Agency 108 East Green Street Ithaca, New York 14850 (607) 274-6559 MEMO To: Planning and Economic Development Committee From: Lynn Truame, Community Development Planner Re.: Incentive/Inclusionary Zoning for Affordable Housing The City may be interested in exploring the idea of incentive or inclusionary zoning for the purpose of stimulating the development of affordable housing. This memo describes the fundamentals of such an approach and looks briefly at how such zoning might be implemented in Ithaca. This is a starting point for the discussion; if Council is interested in pursuing the idea further, IURA staff will develop a more detailed analysis and proposal. Definitions Incentive zoning provides inducements to developers for development projects that provide some type of a community benefit, such as affordable housing. Such inducements typically include a reduction or relaxation of normal zoning requirements, such as density bonuses, height bonuses, reductions in parking requirements, reductions in set-back or open space requirements, or an expedited approval process. Inclusionary zoning is a local land use policy that links approvals for the development of market-rate housing to the creation of affordable housing for low-and moderate-income households. Inclusionary zoning may be voluntary, in which case it is a form of incentive zoning, or it may be mandatory. Prevalence Inclusionary housing policies exist in nearly 500 local jurisdictions in 27 states and the District of Columbia. The vast majority of these programs are mandatory and apply to the development of both rental and for- sale housing. Voluntary programs have produced virtually no affordable units and some programs that were originally voluntary have been made mandatory as a result. Typically, 10%-25% of the units in the proposed development are required to be affordable to households earning between 50% and 80% of Area Median Income (AMI). The required affordability period is most often perpetual, or for the life of the building. Many programs offer alternatives to the inclusion of affordable units in the proposed development. Such alternatives include a cash payment in lieu, construction of the affordable units at a different site, and conversion of existing market rate units at a different site to affordable units. Ithaca's Housing Problem Ithaca is experiencing a housing affordability crisis. Over half of all renting households in the city spend more than 30% of their gross income on housing costs; over one third spend more than half of their gross income on housing costs. Ithaca has a very low rate of homeownership, at 27%. Over one fifth of our homeowners spend at least 30% of their gross income on monthly housing costs with 10% spending over half their gross income on housing costs. This does not include costs related to maintenance and repair. The Low Income Housing Coalition publishes a "housing wage", which calculates the hourly wage required to afford a typical unit of housing, with "affordable" being defined as requiring expenditure of less than 30% of gross income. The housing wage for a studio apartment at Ithaca's current Fair Market Rent (FMR) is $14.79 per hour. That rate rises to $18.13 per hour for a one-bedroom, $21.73 for a two-bedroom, and $30.10 for a three bedroom. Looked at another way, an individual earning minimum wage would need to work 74 hours per week to be able to afford an FMR studio, 91 hours per week for a one-bedroom, 109 hours per week for a two-bedroom, and 150 hours per week for a three-bedroom. The Fair Market Rent is calculated by HUD and represents the 40t" percentile rate of rent for the locality (that is, 40% of units in the market, in theory, rent below the FMR rate while 60% rent above that rate). Ithaca's FMR is calculated for our Metropolitan Statistical Area, which includes areas outside the city. A brief and entirely unscientific review of current (April 2015) published rental ads reveals the following relationship between HUD FMR and actual advertised apartments for rent in the downtown Ithaca area: Unit Size HUD FMR Median Cost of Advertised Unit Downtown Studio $769 $825 1-bed $943 $1,123 2-bed $1,130 $1,300 3-bed $1,565 $1,897 4-bed $1,571 none advertised during the period reviewed The recently-released American Institute for Economic Research's 2014/2015 College Destination's Index lists the "Top Twenty College Towns"with populations under 250,000 residents. One data point in the index is the cost of housing, based on the HUD FMR for a two-bedroom apartment. Ithaca is the second most costly town on the list, surpassed only by Fairbanks, Alaska. Accompanying this memo are two charts with information taken from the Department of Labor website which show labor market information for workforce planning purposes. The DoL chart is many pages long; the attachment is the first two pages, color coded to indicate which listed occupations pay enough to afford housing in Ithaca at the HUD FMR for various unit sizes (Chart 1) and the median advertised rental rate in downtown Ithaca (Chart 2). Red coloration in a cell indicates that no units in Ithaca would be affordable to a worker with the listed level of experience in the listed occupation, dark pink indicates that only a studio would be affordable, light pink indicates a one bedroom would be affordable, yellow a two-bedroom, and blue a three-bedroom. There is a notable preponderance of red in both these charts, and no instances of blue in Chart 2 (median advertised rents in downtown Ithaca). Ithaca's housing affordability problem will not be solved by any single program. The City will need to think and act creatively to expand housing options for our low-and moderate-income residents. One option to expand the supply of affordable units would be an inclusionary zoning ordinance. How Might an Inclusionary Zoning Ordinance Work in Ithaca Mandatory or voluntary? If mandatory, the developer would be required to include the minimum number of affordable units in the project in order to proceed with their project; if voluntary, they would be provided with incentives for 2 including a minimum number of affordable units. In theory, voluntary programs should work in areas where there is high development pressure and relatively restrictive zoning. In practice, voluntary programs have produced virtually no units. Only two studies appear to have been published that look at the impact of mandatory programs on overall housing production and cost. Both of these found only weak, mixed effects on the market, but in a small community there is always the potential for developers to move their project outside the jurisdiction to avoid a particular regulation. For these reasons, a program that is mandatory only in those areas that are experiencing the strongest development pressure, but is voluntary elsewhere in the city, may be worth considering. Rental, for-sale, or both? Inclusionary zoning is commonly used for either, but in the Ithaca market rental may make the most sense. There is very little land for the construction of large numbers of new for-sale properties and INHS's Community Land Trust is already producing a small but steady stream of affordable for-sale units. Minimum #of affordable units required? Twenty percent affordable units is a common requirement. One existing program incentivizes large family units by allowing developers to count the creation of one three-bedroom unit as the equivalent of two smaller units. A minimum number of units might also be included so that very small projects could access the incentive, if it is voluntary (for example, 20% of the units in the development or 1 unit, whichever is greater.) Income levels targeted? Typically incomes between 50-80% of AMI are targeted, with some programs tying the required number of units to the target income level (fewer units being required if lower income levels are targeted). For our market and for sake of simplicity, a good target might be 50% AMI, with no link between the required number of units and target income levels. A single worker at 50% AMI currently earns $27,050 annually, or just over$13 per hour. This is slightly higher than AFCU's most recent calculated Living Wage, but lower than the National Low Income Housing Coalition's calculated Housing Wage for a studio apartment in Ithaca. Development size applicability? (required only if the program is mandatory) A wide variety of approaches to this exist, but one common standard is to apply the requirement to new construction of 5 or more units. One program also mandates the inclusion of affordable units in renovations that will increase the existing building floor area by 50% or more. Affordability period? Most programs are either perpetual, or for the life of the building, or have a term that resets whenever the building changes ownership; a few programs have 30 or 50 year terms. Perpetual (or life of building) affordability probably makes the most sense for Ithaca, given our limited opportunity to create new units. Alternatives to on-site development of affordable units? Payment in lieu of new unit creation could be included as an option in either a mandatory or voluntary program, though it raises questions about who controls the funds generated and how they are used to create new affordable units. The construction of units at another location, or the conversion of existing 3 market rate units to affordable, could be very attractive in our market. If we were to allow these off-site options, we would want to specify area criteria for the newly-created affordable units (ie., an area that does not already contain a concentration of LMI units). One of the major benefits of inclusionary zoning is the opportunity to disperse affordable housing throughout the community. Potential incentives? Reduction of off-street parking requirements; area variance (lot coverage); area variance (setbacks); area variance (height); density bonus (more units than zoning would allow); reduction in open space requirements; expedited approval process; accessory dwelling unit as-of-right without a special permit if that accessory unit will be affordable. Zones where the incentives/requirements would be applicable? The program could be limited to areas that are experiencing the greatest development pressure, or it could be citywide if the incentives were tailored to the characteristics of particular zones (ie., in R-1 &2, we might allow only the expedited approval, accessory dwelling unit, and parking reduction options; in R-3 we might allow those incentives, plus lot coverage and set-back flexibility; height bonuses might only be allowed in CBD and MU, etc.) Another option would be to make the program mandatory in those zones that are experiencing the greatest development pressure and voluntary elsewhere. Administration and Enforcement Finally, if a program of this sort is pursued, the City would need to decide how it would be administered and what enforcement mechanism to adopt. Options for administration include in-house (including advertising and maintenance of a waiting list, tenant income verification, and annual recertification), contracting with an experienced affordable housing provider, or requiring administration by the for-profit property manager with the City performing annual audits of their records, processes, and procedures. 4 Chart 1 : Affordability by Unit Size and Occupation at HUD Fair Market Rent Southern Tier Region NYS 2013 Annual 2013 Annual Monthly Online Job Typical Affordable Rent @ Monthly Affordable Occupational Titles Career Center Wage Wage s o 0 Postings' 2 3 Education 30/o of gross Rent @ 30/o of gross Participants (Entry) (Experienced)3 earnings - entry earnings -experienced Bus Drivers,School or Special Client -- 50 $ 21,910 $ 35,400 High school diploma or equivalent 547. Helpers--Carpenters -- 34 $ 17,510 $ 31,990 Less than high school 437. Cooks, Fast Food -- 27 $ 16,840 $ 21,440 Less than high school 421 Personal Care and Service Workers,All Other -- 27 $ 24,800 $ 35,600 High school diploma orequivalent 620 Tax Preparers -- 25 $ 21,700 $ 35,100 High school diploma or equivalent 542.5 877.5 FarmwAnimalorkers, Farm, Ranch,and Aquacultural 23 $ 17,080 $ 29,320 Less than high school 427 Sheet Metal Workers -- 17 $ 27,910 $ 45,750 High school diploma or equivalent 697.75 1143.75 High school diploma or Highway Maintenance Workers -- 15 $ 29,290 $ 39,660 equivalent 732.25 991.5 Helpers--Pipelayers, Plumbers, Pipefitters,and 11 $ 24,250 $ 31,850 High school diploma or Steamfitters equivalent 606.25 796.25 Painters,Transportation Equipment -- 11 $ 24,900 $ 45,450 High school diploma orequivalent 622.5 1136.25 Cabinetmakers and Bench Carpenters -- 11 $ 18,830 $ 29,990 High school diploma orequivalent 470.75 749.75 Refuse and Recyclable Material Collectors -- 10 $ 19,730 $ 36,930 Less than high school 493.25 923.25 Postal Service Mail Sorters, Processors,and 9 $ 23,600 51,710 High school diploma or $ Processing Machine Operators equivalent 5901 1292.75 Helpers--Roofers -- 7 $ 18,880 $ 26,950 Less than high school 472 673.75 Community Health Workers -- 6 $ 30,370 $ 50,870 High school diploma or equivalent 1271.75 Firefighters -- 6 $ 48,640 $ 65,840 Postsecondary non- degree award 1216 1646 Architectural and Civil Drafters -- 4 $ 33,760 $ 54,990 Associate's degree $44 1374.75 LEGEND Postal Service Clerks -- 3 $ 41,220 $ 54,860 High school diploma or earner can equivalent 1030.51 1371.5 any size�FM Parking Lot Attendants -- 3 $ 17,150 $ 23,910 Less than high school 7singleeearner can afford studio @FMR Kindergarten Teachers, Except Special 2 $ 33,510 $ 66,670 Bachelor's degree Education 837.75 1666.75 single earner can afford 1 bed @ FMR Home Appliance Repairers -- 2 $ 19,320 $ 39,800 High school diploma or equivalent 995 single earner can afford 2 bed @ FMR High school diploma or Dental Laboratory Technicians -- 1 $ 23,600 $ 49,050 equivalent 1226.25 single earner can afford 3 bed @ FMR 1 of 2 Chart 1 : Affordability by Unit Size and Occupation at HUD Fair Market Rent NYS 2013 Annual 2013 Annual Monthly Online Job Typical Affordable Rent @ Monthly Affordable Occupational Titles 1 Career Center Wage Wage a 30% of gross Rent 30% of gross Postings z a a Education g @ Participants (Entry) (Experienced) earnings -entry earnings -experienced Heavy and Tractor-Trailer Truck Drivers 537 120 $ 27,520 $ 45,750 Postsecondary non- degree award 1143.75 Registered Nurses 352 42 $ 48,110 $ 71,470 Associate's degree 1202.75 1786.75 Retail Salespersons 333 286 $ 17,120 $ 28,550 Less than high school Customer Service Representatives 207 510 $ 20,250 $ 39,740 High school diploma orequivalent 993.5 Secretaries and Administrative Assistants, High school diploma or 142 142 $ 23,480 $ 38,670 Except Legal, Medical,and Executive equivalent 587 966.75 Postsecondary Teachers,All Other 104 7 $ 38,440 $ 71,290 Doctoral or professionaldegree 961 1782.25 Maintenance and Repair Workers,General 96 133 $ 25,450 $ 42,270 High school diploma orequivalent 636.25 N Combined Food Preparation and Serving Workers, Including Fast Food l 80 180 $ 16,920 $ 19,030 Less than high school 423 Cashiers 1 68 561 $ 17,080 $ 20,130 Less than high school 427 Nursing Assistants 1 68 212 $ 21,870 $ 33,290 Postsecondary non- degree award 546.75 832.25 Light Truck or Delivery Services Drivers 67 163 $ 18,010 $ 36,160 High school diploma orequivalent 904 Licensed Practical and Licensed Vocational 65 67 $ 31,060 $ 41,510 Postsecondary non- Nurses degree award 776.5 1037.75 Computer User Support Specialists 58 63 $ 30,450 $ 51,610 Some college, no degree 761.2 1290.25 High school diploma or Tellers 58 35 $ 21,120 $ 27,930 equivalent 528 High school diploma or Bookkeeping,Accounting,and Auditing Clerks 53 134 $ 23,620 $ 39,210 equivalent 590.5 980.25 Cooks, Restaurant 43 122 $ 19,280 $ 26,670 Less than high school 482 666 Office Clerks,General 42 283 $ 17,670 $ 30,180 High school diploma or equivalent 441.75 754.5 6jLEGEND Janitors and Cleaners, Except Maids and 36 248 $ 17,270 $ 27,910 Less than high schoolME Housekeeping Cleaners 431.75 697.75 � High school diploma or Automotive Service Technicians and Mechanics 36 119 $ 22,860 $ 41,120 equivalent 571.5 1028 single earner can afford studio @ FMR Waiters and Waitresses 33 169 $ 16,970T $ 22,010 Less than high school 424.25 550.25 single earner can afford 1 bed @ FMR Personal Care Aides 28 196 $ 17,580 $ 30,550 Less than high school 439.5 763!0single earner can afford 2 bed @ FMR High school diploma or Medical Secretaries 28 62 $ 21,830 $ 33,190 equivalent 545.751 829.75 single earner can afford 3 bed @ FMR 2of2 Chart 2: Affordability by Unit Size and Occupation at the Median Advertised Rent in Downtown Ithaca Southern Tier Region NYS 2013 Annual 2013 Annual Monthly Affordable Monthly Affordable Online Job Typical Rent @ 30% of Rent @ 30% of gross Occupational Titles 1 Career Center Wage Wage Postings 2 3 3 Education gross earnings - earnings - Participants (Entry) (Experienced) entry experienced Bus Drivers, School or Special Client -- 50 $ 21,910 $ 35,400 High school diploma orequivalent 547.7 Helpers--Carpenters -- 34 $ 17,510 $ 31,990 Less than high school 437.75 Cooks, Fast Food -- 27 $ 16,840 $ 21,440 Less than high school 421 536 Personal Care and Service Workers,All Other -- 27 $ 24,800 $ 35,600 High school diploma orequivalent 620 890 Tax Preparers -- 25 $ 21,700 $ 35,100 High school diploma or equivalent 542.5 877.5 FarmwAnimalorkers, Farm, Ranch,and Aquacultural 23 $ 17,080 $ 29,320 Less than high school 427 Sheet Metal Workers -- 17 $ 27,910 $ 45,750 High school diploma or equivalent 697.75 1143.75 High school diploma or Highway Maintenance Workers -- 15 $ 29,290 $ 39,660 equivalent 732.25 991.5 Helpers--Pipelayers, Plumbers, Pipefitters,and 11 $ 24,250 $ 31850 High school diploma or Steamfitters equivalent 606.25 Painters,Transportation Equipment -- 11 $ 24,900 $ 45,450 High school diploma orequivalent 622.5 1136.25 Cabinetmakers and Bench Carpenters -- 11 $ 18,830 $ 29,990 High school diploma orequivalent 470.75 749.75 Refuse and Recyclable Material Collectors -- 10 $ 19,730 $ 36,930 Less than high school 493.25 923.25 Postal Service Mail Sorters, Processors,and 9 $ 23,600 $ 51,710 High school diploma or Processing Machine Operators equivalent 590 1292.75 Helpers--Roofers -- 7 $ 18,880 $ 26,950 Less than high school 472 High school diploma or Community Health Workers -- 6 $ 30,370 $ 50,870 equivalent 759.25 1271.75 Firefighters -- 6 $ 48,640 $ 65,840 Postsecondary non- degree award 1216 1646 Architectural and Civil Drafters -- 4 $ 33,760 $ 54,990 Associate's degree 844 1374.751 LEGEND Postal Service Clerks 3 $ 41,220 $ 54,860 High school diploma or gle earner cannot afford a unit of -- equivalent 1030.5 1371.5 any size @ FMR Parking Lot Attendants -- 3 $ 17,150 $ 23,910 Less than high school single earner can afford studio @ 75 FMR Kindergarten Teachers, Except Special single earner can afford 1 bed @ Education -- 2 $ 33,510 $ 66,670 Bachelor's degree 1666.75 FMR Home Appliance Repairers -- 2 $ 19,320 $ 39,800 High school diploma or single earner can afford 2 bed @ equivalent 995 FMR Dental Laboratory Technicians 1 $ 23,600 $ 49,050 High school diploma or single earner can afford 3 bed @ -- equivalent 1226.25 FMR 1 of 2 Chart 2: Affordability by Unit Size and Occupation at the Median Advertised Rent in Downtown Ithaca NYS 2013 Annual 2013 Annual Monthly Affordable Monthly Affordable Online Job Typical Rent @ 30% of Rent @ 30% of gross Occupational Titles 1 Career Center Wage Wage s Postings z 3 Participants (Entry) (Experienced) entry experienced Heavy and Tractor-Trailer Truck Drivers 537 120 $ 27,520 $ 45,750 Postsecondary non- degree award 688 1143.75 Registered Nurses 352 42 $ 48,110 $ 71,470 Associate's degree 1202.75 1786.75 Retail Salespersons 333 286 $ 17,120 $ 28,550 Less than high school 428 713.75 Customer Service Representatives 207 510 $ 20,250 $ 39,740 High school diploma or equivalent 506.25 993.5 Secretaries and Administrative Assistants, 142 142 $ 23 High school diploma or Except Legal, Medical,and Executive ,480 $ 38,670 equivalent 587 966.75 Postsecondary Teachers,All Other 104 7 $ 38,440 $ 71,290 Doctoral or professionaldegree 961 1782.25 Maintenance and Repair Workers,General 96 133 $ 25,450 $ 42,270 High school diploma orequivalent 636.25 1056.75 Combined Food Preparation and Serving Workers, Including Fast Food 80 180 $ 16,920 $ 19,030 Less than high school 423 475.75 Cashiers 68 561 $ 17,080 $ 20,130 Less than high school 427 503.25 Nursing Assistants 68 212 $ 21,870 $ 33,290 Postsecondary non- degree award 546.75 832.25 Light Truck or Delivery Services Drivers 67 163 $ 18,010 $ 36,160 High school diploma orequivalent 450.25 904 Licensed Practical and Licensed Vocational 65 67 $ 31,060 $ 41,510 Postsecondary non- Nurses degree award 776.5 1037.75 Computer User Support Specialists 58 63 $ 30,450 $ 51,610 Some college, no degree 761.25 1290.25 High school diploma or Tellers 58 35 $ 21,120 $ 27,930 equivalent 528 698.25 Bookkeeping,Accounting, and Auditing Clerks 53 134 $ 23,620 $ 39,210 High school diploma orequivalent 590.5 980.25 Cooks, Restaurant 43 122 $ 19,280 $ 26,670 Less than high school 482 666.75 Office Clerks,General 42 283 $ 17,670 $ 30,180 High school diploma or equivalent 441.75 754.5 LEGEND Janitors and Cleaners, Except Maids and gle earner cannot afford a unit of Housekeeping Cleaners 36 248 $ 17,270 $ 27,910 Less than high school 431.75 697.75 any size @ FMR Automotive Service Technicians and Mechanics 36 119 $ 22,860 $ 41,120 High school diploma or single earner can afford studio @equivalent 571.5 1028 FMR Waiters and Waitresses 33 169 $ 16,970 $ 22,010 Less than high school single earner can afford 1 bed @ 424.25 550.25 FMR Personal Care Aides 28 196 $ 17,580 $ 30,550 Less than high school single earner can afford 2 bed @ 439.5 763.75 FMR Medical Secretaries 28 62 $ 21,830 $ 33,190 High school diploma or single earner can afford 3 bed @ equivalent 545.75 829.75 FMR 2 of 2