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HomeMy WebLinkAbout06-11-14 Planning and Economic Development Committee Meeting Agenda PEDC Meeting Planning and Economic Development Committee DATE:June 11, 2014 1�5 _' 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 Chair, Seph Murtagh 6:00 2) Special Order of Business 3) Public Comment and Response from No 6:05 Committee Members 4) Announcements, Updates, and Reports No 6:30 5) Action Items—Voting to Send on to Council a) Disposition of 707 East Seneca Street— Yes Nels Bohn, IURA 6:35 Reconsideration of Environmental Significance b) Collegetown Area Form Districts-- Non- Yes Megan Wilson, Planning Staff 6:45 substantive Revisions c) Planned Unit Development Zoning District Yes Jennifer Kusznir, Planning Staff 7:00 (Industrial Zones Only) 6) Discussion a) Noise Ordinance Reform No Ari Lavine, City Attorney 7:30 b) Burying Utility Lines in Collegetown No JoAnn Cornish, Planning Director 8:00 7) Review and Approval of Minutes No minutes ready for approval 8:25 8) Adjournment Yes 8:30 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,June 10, 2014. Proposed Resolution Planning & Economic Development Committee June 11, 2014 Disposition of City-Owned Property at 707 E. Seneca Street— Revised Environmental Determination WHEREAS, the City of Ithaca Common Council is considering sale of vacant property located at 707 E. Seneca Street, Ithaca, NY (tax parcel #68.-2-9.2) for the highest marketable price, and WHEREAS, as proposed, the Ithaca Urban Renewal Agency will act as agent for the City of Ithaca to market the property for sale through a real estate broker for the highest marketable price, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance ("CEQR") and an Unlisted Action under the State Environmental Quality Review Act ("SEQR"), both of which require environmental review, and WHEREAS, on May 14, 2014, the Planning & Economic Development Committee ("PEDC") reviewed a Short Environmental Assessment Form ("SEAF") for the proposed action and determined that the project will result in no significant impact on the environmental, and approved disposition of City-owned property at 707 E. Seneca St., and WHEREAS, after the May PEDC meeting, new information became available resulting in preparation of a revised SEAF, and WHEREAS, minutes of the Common Council and Board of Public Works from 1982 suggest that the City intended to use the newly acquired 707 E. Seneca Street property for public open space, therefore the revised SEAF identifies the proposed action as having an "effect on existing or future recreational opportunities", which triggers the requirement for a Full Environmental Assessment Form ("FEAF"), and WHEREAS, a FEAF and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a revised Short Environmental Assessment Form, Part 1 and Part 2, and the 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 vacant City-owned property located at 707 E. Seneca Street, Ithaca, NY (tax parcel #68.-2-9.2) for the highest marketable price 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, and be it further RESOLVED,that the Planning & Economic Development Committee reaffirms its May 14, 2014 action to authorize disposition of property located at 707 E. Seneca Street (tax map# 68.-2-9.2). j:\community development\dispositions\707 e seneca\reso p&ed 707 a seneca st-neg dec 6-11-14.doc CITY SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information: To be completed by applicant or project sponsor. Date: 5/7/14 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Common Council Disposition of 707 E. Seneca Street for the highest marketable price 3. Project Location: 707 E. Seneca Street 4. Is Proposed Action: X New o Expansion o Modification/Alteration 5. Describe project briefly: Disposition of surplus City-owned vacant property located at 707 E. Seneca Street (tax map parcel #68.-2-9.2)for the highest marketable price 6. Precise Location (Road Intersections, Prominent Landmarks, etc. or provide map) 707 E. Seneca Street, Ithaca, NY 14850 Located between Stewart Avenue and Quarry Street 7. Amount of Land Affected: Initially 7,128 Sq. Ft. Ultimately 7,128 Sq. Ft. 8. Will proposed action comply with existing zoning or other existing land use restrictions? X Yes o No If No, describe briefly: R-3a 9. What is present land use in vicinity of project: X Residential o Industrial o Agricultural o Parkland/Open Space o Commercial o Other Describe: Residential neighborhood in East Hill Historic District 10. Does action involve a permit/approval, or funding, now or ultimately, from governmental agency (Federal, State or Local): X Yes o No If Yes, List Agency Name and Permit/Approval Type: City of Ithaca Common Council approval for conveyance 11. Does any aspect of the action have a currently valid permit or approval? o Yes X 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 X No I certify that the information provided above is rue to the best of my knowledge. PREPARER'S SIGNATURE: DATE: May 14, 2014 PREPARER'S TITLE: Nels Bohn, IU A Director of Community Development REPRESENTING: City of Ithaca j:\community development\dispositions\707 e seneca\seaf part i-707 e seneca st 5-14-14.doc SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff REVISED:5/22/14 Name of Project: Disposition of Surplus City-Owned Property at 707 E. Seneca Street (tax map parcel#68.-2-9.2) Yes No 1. Will project result in a large physical change to the project site or physically alter ❑ ■ 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 ❑ ■ 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? ❑ ■ 4. Will the project have an impact on groundwater quality? ❑ ■ 5. Will the project affect drainage flow on adjacent sites? ❑ ■ 6. Will the project affect any threatened or endangered plant or animal species? ❑ ■ 7. Will the project result in an adverse effect on air quality? ❑ ■ 8. Will the project have an effect on visual character of the community or scenic views ❑ ■ or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic,pre-historic, or ❑ ■ 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? ■ El 11. Will the project result in traffic problems or cause a major effect to existing ❑ ■ transportation systems? 12. Will the project cause objectionable odors,noise, glare,vibration, or electrical ❑ ■ 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? ❑ ■ 14. Will the project affect the existing community by directly causing a growth in ❑ ■ 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 the project? ❑ ■ If any question has been answered YES,a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE: DATE: 5/22/14 PREPARER'S TITLE: Nels Bohn, IU1� irec or of Community Development REPRESENTING: City of Ithaca j:\community development\dispositions\707 e seneca\leaf part ii-707 e. seneca street-5-21-14 revised.doc g Tx� CITY OF ITHACA a�roo�ttc• 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: Part 1 OPart 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: [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. [_1B. 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. [_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: Disposition of City-Owned Property at 707 E. Seneca Street 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 Offi r in Lead gency: -� , Signature of Preparer: Date: M ay 22, 2014 FULL ENVIRONMENTAL ASSESSMENT F (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: Disposition of City-Owned Property at 707 E. Seneca Street Location of Action: 707 E. Seneca Street, Ithaca, NY [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: Description of Action: Disposition of property located at 707 E. Seneca Street (tax map parcel#68.-2-9.2) for the highest marketable price, subject to a restriction against use of the property for a parking use without new residential construction. 2 Please complete each question (indicate N/A, if not applicable). A. SITE Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: Urban n Industrial ❑ Commercial ❑Public ❑Forest Agricultural ®Other: 2. Total area of project area: acres 7,12.8 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) F _7 [_i_b_._ Forested g 2c. Agricultural 2d.Wetland [as per Article 24 of Environmental Conservation Law(ECL)] 2e. Water Surface Area w 2f. Public w.: 7,128 0 2g. Water Surface Area 2h.Unvegetated (rock, earth, or fill) 21. 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.): urban fill 3b. Soil Drainage: Well-Drained % of Site Moderately Well-Drained 100 % of Site Poorly Drained %of Site E. Are there bedrock outcroppings on project site? FLYes XNo LJN/A F b. What is depth of bedrock? 1-4 (feet) 14c. What is depth to the water table? 8+ (feet) 5. Approximate percentage of proposed project site ®0-10% 80 % X 10-15% 20 % with slopes: ❑ 15%or greater % 6a. Is project substantially contiguous to, or does it Ll Yes X o /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 []No L]N/A local landmark district? 7. Do hunting and/or fishing opportunities currently ❑Yes LKNo []N/A If yes, identify each species: exist in the project area? 3 SITE DESCRIPTION (concluded) Does project site contain any species of plant ❑Yes [X]No []N/A and/or animal life identified as threatened or endangered? According to: Identify each species: 9. Are there any unique or unusual landforms on the []Yes [KNNo []N/A project site (i.e., cliffs, other geological formations)? Describe: 10. Is project site currently used by the community or Yes []No []N/A neighborhood as an open space or recreation area? If yes, explain: Site is publicly owned. Front of site is maintained as a mowed grass lawn with a concrete walkway leading to the rear of the site. The walkway leads to abandoned and crumbled, unsafe stairs leading to a lower terrace where various playground equipment remains from the prior school use of the property prior to 1982. The lower terrace is not maintained for safe public use. Empty wine and beer bottles suggest site is used for consumption of alcohol. 11. Does present site offer or include scenic views []Yes �No []N/A known to be important to the community? Describe: 12. Is project within or contiguous to a site Yes F-*No FIN/A designated a Unique Natural Area(UNA) or critical environmental area by a local or state Describe: agency? 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: NA 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 Fx--]No LN/A and/or hazardous wastes? Describe: 16. Is the site served by existing public utilities? F=Yes []No []N/Aa. If Yes, does sufficient capacity exist to allow connection? ®Yes ❑No []N/A b. If Yes, will improvements be necessary to []Yes �No []N/A allow connection? 4 B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project(fill in dimensions as appropriate): None 1 a. Total contiguous area owned by project sponsor in acres: or square feet: 7,128 lb.Project acreage developed: 0 Acres initially: 0 Acres ultimately: 0 lc. Project acreage to remain undeveloped: 7.128 SF ld.Length of project in miles (if appropriate): NA or feet: [Te.-If project is an expansion, indicate percent of change proposed: NA lf. Number of off-street parking spaces existing: 0 proposed: 0 1 g. Maximum vehicular trips generated (upon completion of project)per day: 0 and per hour: lh.Height of tallest proposed structure in feet. 0 [1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? 54 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 5. Are there any plans for re-vegetation to replace vegetation removed during construction? No 16. If single-phase project, anticipated period of construction: 8 months (including demolition) 7. If multi-phased project, anticipated period of construction: months (including demolitFo7n7) 7 7a. Total number of phases anticipated: 1 7b.Anticipated date of commencement for first phase: Sept month 2014 year(including demolition) 7c. Approximate completion date of final phase: April month 2015 year. 7d.Is phase one financially dependent on subsequent phases? ❑Yes ONo 0� /A 8. Will blasting occur during construction? ❑Yes Mo EUN/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?oYes �o M/A; if yes, explain: [1-2b. If#12a is yes, indicate type of waste (sewage, industrial, etc): [172c.----f 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 W o ON/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? Dyes �o❑N/A 5 DESCRIPTIONconclude 1b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, 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 described in Article 24 of the ECL? ®Yes X o ON/A; 14d. If#14a., b., or c. is yes, explain: 15a. Does project involve disposal of solid waste? El YesFXF]No ON/A 15b. If#15a. is yes, will an existing solid waste disposal facility be used? ®Yes ONo ON/A 15c. If#15b. is yes, give name of disposal facility: and its location: 15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? ■Yes �Xo M/A If yes, explain: 15e. Will any solid waste be disposed of on site? ❑Yes ❑No �N/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? ❑Yes )t o AMN/A; if yes, explain: 118. Will project produce odors? ❑Yes )C o M/A If yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? ❑Yes )C o M/A After construction?OYes ❑No M/A 20. Will project result in an increase of energy use?❑Yes QQNo M/A If yes, indicate type(s): 1. Total anticipated water usage per day in gals./day: 0 Source of water: 6 U. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? ❑Yes QQNo /A If yes, indicate the decision required: Zoning Amendment FE--1]Zoning Variance ®New/Revision of Master Plan ❑ Subdivision Site Plan ❑ Special Use Permit ❑Resource Management Plan ❑ Other: E2. What is the current zoning classification of site? R-3a 3. If the site is developed as permitted by the present zoning, what is the maximum potential development? 4-unit multi-unit residential building [4. Is proposed use consistent with present zoning? WYes UNo UN/A =1f 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/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-3a 9. Is the proposed action compatible with adjacent land uses? 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? nYes ❑No CIN/A Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes �o ON/A If yes, is existing road network adequate to handle additional traffic? ❑Yes ❑ o ON/A Explain: 7 ® APPROVALS 1. Approvals: Common Council approval requires for disposition of City-owned property 2a. Is any Federal permit required? ❑Yes �o ON/A Specify: b. Does project involve State or Federal funding or financing?®Yes o /A If Yes, Specify: 2c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council Yes Authorize sale May July 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) 8 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. Impact on Open Space and Recreation (Question#12) On 5/12/14,Alderperson Brock provided copies of historical minutes of the Common Council and Board of Public Works regarding City acquisition of 707 E. Seneca Street from the Ithaca Board of Education in 1982. The attached minutes suggest that the City intended to use the property for a public open green space use. Disposition of the property will eliminate use of 707 E.Seneca Street for public open space. Based on this information,the preparer has identified that the proposed action would have a "small-to- moderate impact" on open space and recreation because the sale of the property would foreclose future use of the site for public recreational and open space use. The existing public recreational use of the site appears to be very modest. The property is not included on the City of Ithaca Parks Inventory. On 1/10/12 the City of Ithaca Parks Commission resolved that the property is not needed in order to serve park purposes and recommended sale of the parcel. The current state of the property offers only a low-quality recreational and open space experience as the rear of the site is not safely accessible due to complete deterioration of the concrete stairs. Remnant playground equipment from the prior school use is not maintained for safe use and the area is overgrown and littered from parties held at an adjacent apartment building with a porch overlooking the site. The front portion of the site is maintained as a mowed grass lawn and offers a small, mid-block open green space between two residential apartment buildings. It appears that two surface parking spaces used by tenants at an adjacent apartment building encroach onto 707 E.Seneca Street. Developing the site for a higher quality recreational and open space will require significant investment and on-going maintenance. Currently,the City incurs expense for maintenance of the property without a commensurate public benefit. F. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: Nels Bohn Signature: X! z t4L^� Title: IURA Dire for of Community Development xxxxxxxxxxxxxxxxx END OF PART 1 xxxxxxxxxxxxxxxxx 9 --5- jul.y 7, 1.982 4r1•' CITY ATTORNEY'S REPORT: Al erman Banfield asked the status of the Cornell. Heights case and City Attorney Tavelli informed him the case is still pending, will not be resolved until 1983. At Alderman Killeen's request, City Attorney 'ra.vel.li explained the problem caused-by redistricting. fie said lie, the County Attorney and the Board of Elections will have discussions to resolve the problem. Alderman Clynes asked the status of the problem concerning Conrail and City Attorney Tavelli replied that lie had tiri.tt:en to Conrai.l explaining that Council had passed a resolution asking, that the problem be looked into. lie has not yet had any response Groin Conrail and i3: lie doesn't hear within the next few days he will. :follow tip on the matter, PLANNING AND DEVELOPMENT CON1ITTFE: Hydropower By Alderman Dennis: Seconded by Alderman Myers WHEREAS, the Planning f Development Committee has reviewed the options available to the City concerning the Fall. Creel,-. Hydropower plant, and WHEREAS, the Committee believes it most appropriate to pursue City control of the hydropower plant; NOW, THEREFORE, BE IT RESOLVED, That Common Coul,cil authorize tb.e Planning & Development Department to• pursue City control of the hydropower plant, and BE IT FURTHER RESOLVED, That the Budget and Administration Committee be directed to take up the question of authorization of funds for the hiring of an engineering consultant firm to initiate preparation of the City of Ithaca license application. Discussion followed on the .Floor. A vote on the resolution resulted as FoIJovJs: Ayes (9) - Iioffman, Killeen, Schuler, Dennis, Myers, Clynes, Schlather, Holman, Holdsworth Nay (1) - Banfield East Itill Park By Alderman Dennis: Seconded by Alderman Schuler WHEREAS, the East Hill'Civic Association has long petitioned the City of Ithaca to provide open space in the -East Hill area, and WHEREAS, there exists a small tract of land now owned by 'the City of Ithaca School District, which lies between Seneca Street and the old East Hill School , and WHEREAS, the School District his expressed a willinpness to sell. such land to the City for one dollar, and WHEREAS, the Ithaca Urban Renewal Agency has allocated certain funds for the improvement of that land; NOW, TfIEREFORE, BE IT RESOLVED, That the Common Council, upon recom- mendation of the Planning F Development Committee and the Budget $ Administration Committee, direct and authorize the Mayor and' City Attorney to take all necessary steps to acquire the above described land from the City of Ithaca School District. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Intergovernmental Relations Alderman Dennis commented that he didn't have a resolution for this item. The committee talked about it two weeks previous; there was a resolution from one member of the committee who would like to dis- cuss it. � i i June 23, 1.981 A vote on 1T IS RESOLW-,D, '1'liat August 11, 198Z at 4:0 established ate public hearing on sidewalks, at which time the oI,mers of property receiving a ' Ayes P g s notice will be given an opportuntiy to show cause before this Board of Public Nays the sidewalk abutting their premises should not be reparied by the City at the expense and the expense thereof collected in accordance with Section 5.30 of Bids - N. City Charter. y C" Discussion followed on the floor. RESOLVED, N. Ti oga S A vote on the resolution resulted as follows: as possibl Carried Unanimously Ac uisition of Pro erty on East Seneca Street Awar of 13 Coin. Brown reporte tiat erman Schuler has requested the Board of Public row to acquire a parcel of property that is available to the City from the I fliaca Adjus tment District which is located on East Seneca Street. The matter has been brought discussion by the Planning and Development Committee of Conemon Council who ha Resol Lition expressed their support for this acquisition, and the Board has indicated to Cc M. 13 Schuler that acquiring this green space will incur additional budgetary costs RESOI VED, operation and maintenance. ,to N tiona Disci ssion Resolution pai tment By Comm. Browal: Seconded by Cones. Sturtevant RESOLVED, That the Board of Public Works authorize the City Attorney to f.i.nal' to t lk tc negotiations with the Ithaca Board of Education to acquire this property for ;JA vol a on stun. of $1.00, and IT IS FURTI111-R RESOLVED, Iliat the Mayor be authorized to accept the necessary ' as approved by the City Attorney for this acquisition. PI C8, 1 MU i A vote on the resolution resulted as follows: RI:SO UD, Ayes (4) - Brown, Sturtevant, Schickel, Shaw >Abst act P Nay (1) - Walker :oft a Wat Carried IT I FUR] Transfer of Funds By Comm. Brown: Seconded by Cotnm. Sturtevant RESOLVED, That the Common Council transfer $8,500 from Capital Account H-890-1i Sewer Lines, to Account F1-890-190, South Aurora Street and Prospect Street I Amendment said cost to cover construction of a sanitary sewer main which was part of the, yam•� construction contract recently let, but which funding for had riot been cone RESOLVED, the original project estimate. Arrestor Carried Unanimously funds and � Invoice--V. Giordano Construction and BE IT FtJ1Y S 1 Carp. Parts F S� Y Cam . Brown: Seconded y Conan. Sturtevant RESOLVED, That an invoice from V. Giordano Construction and Supply Corp., in piscussio) amount of $6,791.32 for the general construction of the Pass Park Lobby `xl* project: be approved. A vote on Discussion followed m the floor. PARKINGy T A vote on ow the resolution resulted as follows: p -awa Carried Unanimously Bra ,with the Increase of Estimate-41cl�ariand-Johnson Engineers, Inc. It is the Corson. Brown reporte tat a request as been receive from McFarland-Johnson Engineers, Inc., to increase the estimate .for engineering fees in connection 1. float preliminary plans and contract documents for tile A e N.Tioga Street Bridge reps Al 5: from $25,200 to $29,900. It is their contention that much more detailed eng' of, has been required For the surrounding area in order to increase the bridge c* 2. ]fiat over the stream. fi Dearb I Resolution 'neat By Comnn. [Broti,n-►: Seconded by Comm. Walker i RESOLVk'•.D, 'neat the request be approved. Resolutio t; Discussion followed on the floor. y Cann. RESOLVED, i CITY OF ITHACA PARKS COMMISSIONRESOLUTION —January 1 Recommendation for the Sale of Surplus City Land - Parcel 9.- - — 700 Block, East Seneca Street WHEREAS, the City of Ithaca owns parcel 68.-2-9.2 located on the south side of the 700 block of East Seneca Street, and WHEREAS, the aforementioned parcel was obtained by the City as an opportunity to acquire green space, and WHEREAS, the aforementioned parcel has not been developed or maintained or designated as park, and WHEREAS, members of the Parks Commission have witnessed the continuous shrinking of city resources including reduced budgets and reduced staff, resulting in a lack of maintenance and little to no improvements in our City parks, and WHEREAS, members of the Parks Commission are in favor of reducing the number of properties the city must maintain and putting properties back on the tax roles, and WHEREAS, the Superintendent of Public Works has indicated that this parcel is not currently used in any way for City public works functions or purposes, and that he does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and WHEREAS, on November 16, 2011, the Board of Public Works determined that the aforementioned property is not needed for City of Ithaca public works purposes and recommended that the Common Council consider the sale of parcel 93.-7-3, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose, and WHEREAS, continued City ownership of this parcel requires that the City incur expense for maintenance, without the generation of revenue (e.g., in the form of property taxes) from it, now therefore be it RESOLVED, that the City of Ithaca Parks Commission hereby determines that the aforementioned property is not needed in order to serve a park purpose, and be it further RESOLVED, that the Parks Commission hereby recommends the sale of parcel 68.-2-9.2, located on the 700 block of East Seneca Street in the City of Ithaca. Moved by Hobbie Seconded by Vandermark In Favor: Hobbie, Klein, Krall, Moudry, Vandermark, Against: 0 Abstain: 0 City of Ithaca Full Environmental Assessment Form ( F) Part 2® Project Impacts Project Name: Disposition of City-OwnedProperty at 707 E. Seneca St. Date re / /1 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 5/22/2014 City of Ithaca Full Environmental Assessment For ( F) Part 2® Project Impacts ProjectName: Disposition of City-Owned Property at 77 E. Seneca St. Date eat / /1 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 5/22/2014 City of Ithaca Full Environmental Assessment For ( F) PartProject Impacts Project Name: Disposition of City-Owned ropery at 707 E. Senecat. Date Created: / /14 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) . 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 ❑ 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 5/22/2014 City of Ithaca Full Environmental Assessment Form ( F) Part Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca Date Created: / /1 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cone.) 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 5/22/2014 City of Ithaca Full Environmental Assessment Form ( F) Part 2® Project Impacts ProjectName: Disposition of City-Owned Property at 707Seneca St. DateCreated: / /1 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 ❑ R 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 ❑ Yes ❑ No resident or migratory fish, or wildlife species. Proposed action requires removal or more than 1/2 acre of ❑ Yes ❑ No mature woods or other locally important vegetation. Other impacts(if any): ❑ ❑ ❑ Yes ❑ No 5of11 5/22/2014 City of Ithaca Full Environmental Assessment Form ( F) Part 2® Project Impacts ProjectName: Disposition of City-Owned roerty at 707 E. Seneca Date Created: / /1 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 ❑ 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): ❑ ❑ F] Yes ❑ No 6 of 11 5/22/2014 City of Ithaca Full Environmental Assessment For ( ) Part 2® Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. DateCreated: / /1 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 ❑ ❑ ❑ Yes ❑ No community. Other impacts (if any): ❑ ❑ ❑ 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 ❑ ❑ ❑ Yes ❑ No resource. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 7of11 5/22/2014 City of Ithaca Full Environmental Assessment Form ( F) Part 2® Project Impacts Project Name: Disposition of City-Owned roperty at 707 E. Seneca St. Date Created: / /1 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 8 of 11 5/22/2014 City of Ithaca Full Environmental Assessment Form ( ) Part 2® Project Impacts Project Name: Disposition of City-Owned roperty at 707 E. Seneca St. Date Created: / /1 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 5/22/2014 City of Ithaca Full Environmental Assessment Form (F ) Part 2® Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. Date Created: / /1 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 5/22/2014 City of Ithaca Full Environmental Assessment For ( F) PartProject Impacts ProjectName: Disposition of City-Owned Property at 707 E. Seneca St. DateCreated: / /14 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 5/22/2014 Trt CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT r�+p JOANN CORNISH,DIRECTOR OF PLANNING&DEVELOPMENT >° PHYLLISA A. DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT �CD-OR Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning&Economic Development Committee From: Megan Wilson,Planner Date: June 4, 2014 RE: Proposed Non-Substantive Revisions to the Collegetown Area Form Districts Following the adoption of the Collegetown Area Form Districts in March 2014, staff identified several non-substantive revisions that should be made to the adopted zoning. The proposed revisions would correct small inconsistencies and clarify the intent of various regulations. These recommended revisions are as follows: • Correct the maximum and minimum height table (pg. 7) to make the minimum heights for the residential districts consistent with the minimum height requirements in the district regulations. • Revise the text of the minimum off-street parking requirements for the CR districts (pgs. 10, 12, 14, & 18) to clarify that the residential requirement applies per dwelling unit, as in other zoning districts within the city. • Revise the text of the "Use Table" (pg. 28) for permitted primary uses in CR-3 and CR-4 to combine Bed and Breakfast Home and Inn to make it consistent with other zoning districts within the city. • Revise the text of"Street-Level Actives Uses Required" (pg. 31) to clarify that an active use is required on the entire street-level story for all buildings fronting on the highlighted street on the map. Attached please find a draft ordinance and the revised Collegetown Area Form Districts document, dated June 4, 2014, that further detail these proposed revisions. In the Collegetown Area Form Districts document, the revisions can be found in highlighted text on the pages noted above. Because the revisions are non-substantive, this proposal is not subject to environmental review. Staff will attend the Planning & Economic Development Committee meeting on June 11, 2014 to answer any questions. If you have any questions, feel free to contact me at mwilson(kcityofithaca.org or 274-6560. 6/4/14 An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning" To Make Non-Substantive Revisions to §325-45, Collegetown Area Form Districts WHEREAS, following the adoption of the Collegetown Area Form Districts in March 2014, staff identified several non-substantive revisions that should be made to the adopted zoning, and WHEREAS, the proposed revisions would correct small inconsistencies and clarify the intent of various regulations; now, erefore, ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows : Section 1. Chapter 325, Section 325-45 .2D (1) lof the Municipal Code of the City of Ithaca is hereby amended to.. read as, follows : „BU oS„ (1) Building heights in the CR and MU districts are regulated using feet and stories . A table illustrating the range of height appears below: MAX. & MIN. HEIGHT IN STORIES & FEET Max. Min. Max. Min. District Stories Stories Feet Feet CR-1 3* 2 35' 4-9� 20' CR-2 3* 2 35' 4-9' 20' CR-3 3* 2 35' 3-S� 20' CR-4 4 2 45' 4$ 20' MU-1 5 3 70' 30' MU-2 1 6 4 80' 45' *Top Story Limitation - A habitable 3rd story in CR-1, CR-2, and CR-3 districts must be fully contained within a pitched roof. Section 2. Chapter 325, Section 325-45.2E (1) , Section 325-45.2E (2) , and Section 325-45 .2E (3) of the Municipal Code of the City of Ithaca is hereby amended to read as follows : MIN OFF-STREET PARKING 1. Residence a. Up to 3 bed or sleeping rooms per dwlg. unit 1 space b. 4 and 5 bed or sleeping rooms per dwlg. unit 2 spaces c. Each add'I bed or sleeping room per dwlg. unit 1 space 2. Home occupation 1 space Page] of 3 6/4/14 See §325- 3. Other uses 20D(3)(b) Section 3. Chapter 325, Section 325-45 .2F (1) of the Municipal Code of the City of Ithaca is hereby amended to read as follows : MIN OFF-STREET PARKING Buildings that fully comply with the New York State Building Code or Residential Code for new construction: None, provided that a transportation demand management plan is accepted by the Planning and Development Board during site plan review. All other structures: 1. Residence a. Up to 3 bed or sleeping rooms per dwlg. unit 1 space b. 4 and 5 bed or sleeping rooms per dwlg. unit 2 spaces c. Each add'I bed or sleeping room per dwlg. unit 1 space 2. Home occupation 1 space See §325- 3. Other uses 201)(3)(b) Section 4 . Chapter 325, Section 325-45 . 3A of the Municipal Code of the City of Ithaca is hereby amended to read as follows : District Permitted Primary Use CR-3 By Special Permit of Board of Zoning Appeals: 11. Bed and Breakfast Homes and Inns 12. Cemetery and related buildings 13. Hospital or sanatorium 14.45�Neighborhood Commercial Facility(see §325-3) 15.4&. Public utility structure except office 16.4-7-. Schools (all) and related buildings CR-4 By Special Permit of Board of Zoning Appeals: 11. Bed and Breakfast Homes and Inns 12. Cemetery and related buildings 13. Hospital or sanatorium Page 2 of 3 6/4/14 14-IRIS 14.45— Neighborhood Commercial Facility(see §325-3) 15.36,Public utility structure except office 16.4-7,Schools (all) and related buildings Section 5. Chapter 325, Section 325-45 .3B (1) of the Municipal Code of the City of Ithaca is hereby amended to read as follows : (1) Within the MU-2 district, active uses are required on the entire street-level of all buildings fronting on those portions of College Avenue, Dryden Road, and Eddy Street designated on the map below. Section 6. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Page 3 of 3 i 1 e �, �� 11111.. .11 �■■■BUFFALO -■�I .--. .. . 1 ■ � LU COOKST 00 §325-45 COLLEGETOWN AREA FORM DISTRICTS DRAFT 1 �Al �_� THIS PAGE LEFT INTENTIONALLY BLANK §325-45. COLLEGETOWN AREA FORM DISTRICTS CONTENTS 325-45.1 GENERAL PROVISIONS......................................................................I A. Short Title...........................................................................................................I B. Intent..................................................................................................................1 C. Applicability .......................................................................................................1 D. Design Review and Approval Required................................................................1 E. Landmarks Preservation Commission..................................................................1 E Other Applicable Sections...................................................................................2 325-45.2 DISTRICT STANDARDS......................................................................3 A. Establishment of Districts...................................................................................3 B. Definitions and Related Standards.......................................................................3 C. Collegetown Area Form Districts.........................................................................6 D. Maximum Height(in stories) Map.....................................................................7 E. Collegetown Residential (CR-1, CR-2, CR-3).....................................................9 E Collegetown Residential 4 (CR-4).....................................................................17 G. Mixed Use (MU-1,MU-2) ...............................................................................21 325-45.3 ALLOWED USES ................................................................................27 A. Use Table...........................................................................................................27 B. Street-Level Active Uses Required......................................................................31 Collegetown Area Form Districts E O LA NOS-�'�S��ROR HO F- w E BUFFALO ST N RD MAPL AVE r RV CR 1 CR-1 CR 1 a E SENECA ST j _ ARD PL _ a C N w COOK ST OXFORD J Lu m �co PL O N � 3 3 W 0 ITCHELL S O - U EL 00 00 g. Legend CR-1 -CR-2 -CR3 -CR-4 MU-1 MU-2 No Change Proposed Historic Designation East.Hill Historic District 325-45.1 General Provisions A. Short Title This section shall be known as the"Collegetown Area Form Districts." B. Intent The intent of this section is to implement the 2009 Collegetown Urban Plan&Conceptual Design Guidelines,endorsed by the Common Council on August 5,2009. This section establishes the zoning regulations necessary to guide imple- mentation of the City-endorsed vision for the redevelopment of property within the Collegetown area. Specifically,the Collegetown Area Form Districts are intended to: (1) Encourage exceptional urban design and high-quality construction; (2) Regulate elements of building form to ensure a consistent transition between districts; (3) Concentrate additional development in the central areas of Collegetown and protect the character of the established residential neighborhoods; (4) Preserve and enhance green space that is a vital ecological,recreational,and aesthetic component of the urban environment;and (5) Promote attractive,walkable neighborhoods that prioritize accommodation of modes of transportation other than single-occupancy automobiles. C. Applicability (1) No building or part thereof within any district of the Collegetown Area Form Districts shall be erected,moved, or altered on its exterior unless in conformity with the regulations herein specified for the district in which it is located. (2) In the event that provisions of the Collegetown Area Form Districts conflict with other sections of the City Municipal Code,the Collegetown Area Form Districts shall prevail. (3) In cases of nonconforming uses,buildings,and lots,refer to Chapter 325 Zoning,Article VI. D. Design Review and Approval Required (1) All new construction(including parking lot construction or expansion)is subject to the design review process set forth in Chapter 160,Design Review,of the City Municipal Code. (2) No building permit shall be issued or structure or building shall be erected,and no exterior of an existing building or structure shall be altered,remodeled,enlarged or extended until the project or development has design review approval. E. Landmarks Preservation Commission Regardless of the underlying zoning,all new construction(including additions)within a designated local historic district or on the same tax parcel as an individually designated local landmark is subject to review and approval by the Ithaca Landmarks Preservation Commission for compliance with Sections 228-5(B) and(C) of the City Municipal Code. June 4,2014 Collegetown Area Form Districts DRAFT E Other Applicable Sections The following sections of Chapter 325 shall apply in the CR and MU districts.Those sections of Chapter 325 not listed below do not apply within the CR and MU districts. (1) §325-2. Statutory authority,and purpose. (2) §325-3. Definitions,and word usage,except as modified in g 325-45.2 (B),Definitions and Related Standards. (3) g 325-4.Establishment of districts. (4) g 325-5.Zoning Map. (5) g 325-6. Interpretation of boundaries. (6) g 325-7.Application of regulations. (7) g 325-8. District regulations. (8) g 325-9. Standards. (Special Permits) (9) g 325-10.Accessory Apartments. (10) g 325-14.Application. (11) g 325-15. Use regulations. (12) g 325-16. Height regulations,except as expressly modified in this section. (13) g 325-17.Area regulations. (14) g 325-18.Yard regulations. (15) g 325-20. Off-street parking. (16) g 325-23. General standards applying to all land uses. (17) g 325-25.Location of accessory structures. (18) g 325-26.New structures along streams or inlets. (19) g 325-29.Landmarks. (20) g 325-29.1.Adult uses. (21) g 325-29.3. Dumpsters. (22) ARTICLE VA.Telecommunications Facilities,and Services. (23) ARTICLE VI.Nonconforming Uses,Buildings,and Lots. (24) ARTICLE VII.Administration and Enforcement. (25) ARTICLE IX.Amendments. (26) ARTICLE X. Penalties. © Collegetown Area Form Districts June 4,2014 DRAFT 325-45.2 District Standards A. Establishment of Districts Six zoning districts are established for the Collegetown area.These districts are as follows: Abbreviation District CR-1 Collegetown Residential 1 CR-2 Collegetown Residential 2 CR-3 Collegetown Residential 3 CR-4 Collegetown Residential 4 MU-1 Mixed Use 1 MU-2 Mixed Use 2 B. Definitions and Related Standards The definitions of§325-3 shall control,except where a definition is provided below. (1) Blank Wall (a) Length of blank wall area means a portion of the exterior facade of the building that does not include: windows or doors;columns or pilasters;other articulation greater than 12 inches in depth;or a substantial material change(paint color is not considered a substantial change). (b) Maximum length of blank wall applies in both a vertical and horizontal direction on street-facing facades. The shortest dimension of any rectangular area of blank wall shall not exceed the maximum length for the district(8'in all Collegetown Residential districts and 12'in both Mixed Use districts). F7M --- ---- an Blank Wall I ' Wall —Blank Wall (2) Building Height (a) The existing definition of building height shall apply(refer to§325-3-"Height of Building"). (b) Building heights in the CR and MU districts are regulated using feet and stories. (c) The only parts of the building which may exceed the maximum building height are bulkheads,housing for mechanical equipment,towers and similar constructions not intended for human occupancy,provided that the requirements of§325-45.2B(10) are met. (3) Building Projections No part of any building shall encroach into any setback,except as described below: (a) Overhanging eaves and bay windows may project up to 2 feet into any required setback (b) In CR districts,awnings and balconies may extend up to 5 feet into any required setback provided that such extension is at least 2 feet from the vertical plane of any lot line. June 4,2014 Collegetown Area Form Districts DRAFT (4) Doors and Entries (a) An entrance providing both ingress and egress,operable to residents or customers,is required to meet the street-facing entrance requirements.Additional entrances off another street,pedestrian area or internal parking area are permitted. (b) The entrance spacing requirements must be met for each building. (5) Front Porches (a) A front porch must be a minimum of 6 feet deep,not including steps. (b) A front porch must cover at least 33%of the street-level story facade width of the building. (c) A front porch must be roofed and edged by balustrades(railings) or low walls,and posts that extend up to the roof. The entire front porch must be of open air construction with all exterior faces being at least 50% open. VI ML)i ml al �I �I jMin33% .. -0I (6) Front Stoops (a) A front stoop shall be a maximum of 5 feet deep,not including steps,and a maximum of 6 feet wide. (b) A front stoop may be roofed but not enclosed. YI nI al CnI I I 1 I I I I _ I I " NN max max (7) Glazing (a) When required,glazing is the minimum percentage of transparent windows and doors that must cover a street-level storys street-facing facade. (b) Glazing is considered transparent where it has a transparency higher than 80%and external reflectance of less than 15%. Collegetown Area Form Districts June 4,2014 DRAFT (c) Glazing is measured between 2 and 12 feet above the abutting sidewalk. m --- - - 2, (8) Infill Development in MU Districts (a) More than one principal structure is permitted on a parcel in the MU districts provided that the first principal structure meets all requirements of§325-45. (b) Any additional principal structure placed behind a principal structure that abuts the street and sidewalk must meet all requirements of§325-45 except: (1) Front setback; (2) Distance between functioning entries; (3) Glazing(MU-2 district only);and (4) Street-level active uses required(MU-2 district only) (c) If the above requirements are met,§325-813(1)shall not apply to additional structures on a parcel in the MU districts. (9) Parking Setback (a) Definition: A line which extends vertically and parallel to the street,in front of which parking on the site is not allowed. (b) All parking areas shall be located behind the parking setback line. (c) The parking setback line does not apply to on-street parking. (10) Required Vegetative Buffer (a) A minimum 10 foot vegetative buffer from the rear property line is required for all properties within CR- 1,CR-2,and CR-3 districts. (b) Accessory structures can be located within the vegetative buffer but must conform to required rear and side yard setbacks. (c) Required landscaping must be permanently maintained in a healthy growing condition at all times. (11) Top Story Limitation A habitable 3rd story in CR-1,CR-2,and CR-3 districts must be fully contained within a pitched roof. Project- ing eaves and dormers are permitted.The aggregate width of the dormers cannot exceed 50%of the width of the roof on the side where the dormer(s) are located,except as may be allowed by design review. (12) Row House (a) Definition: A residential structure composed of three or more attached modules with shared sidewalls,the facade of each module measuring no more than 25-feet in length and maintaining a uniform setback from the street line. Modules within a row house may consist of a single dwelling unit or may contain multiple vertically-stacked dwelling units. Each module must have one street-facing entry. (13) Utilities and Mechanical Equipment All utilities and mechanical equipment must be screened from public view. (a) Incorporation of mechanicals into stories with occupiable space is encouraged;if this is done,mechanicals will be calculated as part of building height. (b) Alternatively,mechanicals will not be measured as part of building height,provided that: (1) The mechanical equipment is not incorporated into stories with occupiable space; (2) The mechanical equipment is architecturally integrated into the building;and (3) The mechanical equipment is less than one-third of the building footprint and does not exceed 9 feet in height above the roof. June 4,2014 Collegetown Area Form Districts DRAFT C. Collegetown Area Form Districts R LA _ NOV�\S.1ER OR HOy R I LLJ I - - � w > A E BUFFALO ST N RD O J O 3 w O ¢ w PLEAVE -1, 1 0 E SENECA ST _ -- - w RVARD PL y z j6 � > � rr LL _ o m FROSH ALL_E- COOK ST OXFORD J ¢ O m O N\ P� U r I m w ri m Q w w Z I CHEL w U EC � F 00 00 O Legend ®CR-1 -CR-2 -CR3 -CRA MU-1 MU-2 No Change ®Proposed Historic Designation East Hill Historic District Collegetown Area Form Districts June 4,2014 DRAFT D. Maximum Height (in stories) Map 1110105 - HOVRD - 'I gCAO- AfA � a 6 j 4 3 ` E BUFFALO ST � 3 i 6 MAP D YDEN RD � z ESENECAST, _ 4 m; ARVARD PL LL N 4 Ti 4 v 0 4 m D w q1'T IFROSH ALLElij COOK ST qLF - -- D X�ORQPL WO I LO RCHARD PL 0 � N C'PL r J co 3 l z �\ MITCHELL ST O Sp ITCHELL ST i (1) Building heights in the CR and MU districts are regulated using feet and stories. A table illustrating the range of height appears below: MAX.&MIN.HEIGHT IN STORIES&FEET District Max. Min. Max. Feet Min. Feet Stories Stories CR-1 3* 2 35' 20' CR-2 3* 2 35' 20' CR-3 3* 2 35' 20' CR-4 4 2 45' 20' MU-1 5 3 70' 30' MU-2 6 4 80' 45' *Top Story Limitation-A habitable 3rd story in CR-1,CR-2,and CR-3 districts must be fully contained within a pitched roof. June 4,2014 Collegetown Area Form Districts DRAFT THIS PAGE LEFT INTENTIONALLY BLANK Collegetown Area Form Districts June 4,2014 DRAFT E. Collegetown Residential (CR-1, CR-2, CR-3) o .® e , oil ® a 0 hs � PURPOSE &INTENT AD`l OAKAVE \ r The Collegetown Residential 1-3 (CR-1,CR-2, �� CR-3) districts contain predominantly residential structures occupied as single-family homes,as duplexes,or as multiple residences often rented by ORYDEN RD %� university students.The intent is to maintain the existing housing stock.Significant redevelopment ARVARDPL _ - within these districts is neither anticipated nor _ encouraged. w sqy ST 9� Any new construction shall be similar in form and FOPOP scale,and the zoning requirements of these dis- tricts are intended to protect the character of the W I.PL P` established residential neighborhoods.Mandatory architectural elements,such as front porches and MITCHELLST O pitched roofs,ensure that new construction is in \sr ELLS keeping with the existing built environment. All three districts have a maximum building height H Viewpoint of intent illustration above of three stories,provided that the third story is completely contained within the required pitched A-- roof In addition,buildings cannot exceed 35 feet in height. The Collegetown Residential 1-3 districts accom- modate single-family,two-family,and multi- family uses,depending on the district.Denser residential uses are permitted in those areas closer to central Collegetown. June 4,2014 Collegetown Area Form Districts DRAFT (1) Collegetown Residential 1 (CR-1) LOT CRITERIA SITING LOT SIZE PRINCIPAL BUILDING Area,min Front setback,min 10, 1. One-family detached dwelling 4,000 sf Side setback,min 5' 2. Other uses 5,500 sf 20'or 20% Rear setback(whichever is less),min of lot depth Width at street line,min 1. One-family detached dwelling 45' Spacing between primary structures on 20' 2. Other uses 50' same parcel,min LOT COVERAGE ACCESSORY STRUCTURE 0 Lot coverage by buildings,max 30% 0 Side setback,min 5' ( Green space,min 35% © Rear setback,min 5' Square footage of footprint,max 500 sf MIN OFF-STREET PARKING 1. Residence PARKING LOCATION a.Up to 3 bed or sleeping rooms per I space : 0 Garage setback from front facade,min 20' dwlg. unit Q Parking setback at front b.4 and 5 bed or sleeping rooms per 2 spaces facade dwlg. unit c. Each add'l bed or sleeping room 1 space per dwlg.unit 2. Home occupation 1 space 3. Other uses See§325- 20D(3)(b) mCollegetown Area Form Districts June 4,2014 DRAFT (1) Collegetown Residential 1 (CR-1) HEIGHT ACTIVATION i `��` �•,�. � � / .`,,sg,�.��' `�f, � 0 0 /, cam,tom' PRINCIPAL BUILDING STREET FACADE Height(stories/feet),max 3/35' Q Length of blank wall,max 8' Height(stories/feet),min 2/20' Habitable space in the 3rd story must be fully DOORS AND ENTRIES contained within the pitched roof. See§325- Q Functioning entry on the street-facing 1 45.213(11) facade,min For corner lots,one functioning entry is required on ACCESSORY STRUCTURE a street-facing facade 0 Height, (stories/feet),max 2/20' PORCH FLOOR HEIGHT(PRINCIPAL BUILDING) 0 Front porch Required 0 Street-level (floor to floor),min 9' © 2nd story(floor to floor),min 9' ROOF 0 Pitched roof Required Shed roof not allowed as primary roof 0 Pitch of principal gable,min/max 6:12/12:12 June 4,2014 Collegetown Area Form Districts m DRAFT (2) Collegetown Residential 2 (CR-2) LOT CRITERIA SITING LOT SIZE PRINCIPAL BUILDING Area,min Front setback,min 10, 1. One-family or two-family dwelling 4,000 sf Q Side setback,min 5' 2. Other uses 5,500 sf 20'or 20% Rear setback(whichever is less),min 0 of lot depth Width at street line,min 1. One-family or two-family dwelling 45' Spacing between primary structures 20' 2. Other uses 50' on same parcel,min LOT COVERAGE ACCESSORY STRUCTURE Q Lot coverage by buildings,max 35% Side setback,min 3' Q Green space,min 35% © Rear setback,min 3' © Square footage of footprint,max 500 sf MIN OFF-STREET PARKING 1. Residence PARKING LOCATION a.Up to 3 bed or sleeping rooms per 1 space Garage setback from front facade,min 20' dwlg. unit Q Parking setback at front b.4 and 5 bed or sleeping rooms per 2 spaces facade dwlg. unit c. Each add'l bed or sleeping room per 1 space dwlg.unit 2. Home occupation 1 space 3. Other uses See§325- 20D(3)(b) ' ® Collegetown Area Form Districts June 4,2014 DRAFT (2) Collegetown Residential 2 (CR-2) HEIGHT ACTIVATION 00 PRINCIPAL BUILDING STREET FACADE Height(stories/feet),max 3/35' Q Length of blank wall,max 8' Height(stories/feet),min 2/20' Habitable space in the 3rd story must be fully DOORS AND ENTRIES contained within the pitched roof. See g325- Q Functioning entry on the street-facing 1 45.2B(11) facade,min For corner lots,one functioning entry is required on ACCESSORY STRUCTURE a street-facing facade Q Height, (stories/feet),max 2/20' PORCH FLOOR HEIGHT(PRINCIPAL BUILDING) 0 Front porch Required Street-level(floor to floor),min 9' © 2nd story(floor to floor),min 9' ROOF Pitched roof Required Shed roof not allowed as primary roof Q Pitch of principal gable,min/max 6:12/12:12 June 4,2014 Collegetown Area Form Districts DRAFT (3) Collegetown Residential 3 (CR-3) LOT CRITERIA SITING O ' 0 �f LOT SIZE PRINCIPAL BUILDING Area,min Front setback,min 10, 1. One-family or two-family dwelling 3,000 sf Q Side setback,min 5' 2. Multiple dwelling and other uses 3,500 sf 20'or 20% Rear setback(whichever is less),min of lot depth Width at street line,min 1. One-family or two-family dwelling 30' Spacing between primary structures 10' 2. Multiple dwelling and other uses 40' on same parcel,min LOT COVERAGE ACCESSORY STRUCTURE Q Lot coverage by buildings,max 40% Side setback,min 3' (D Green space,min 30% © Rear setback,min 3' © Square footage of footprint per unit, 500 sf max MIN OFF-STREET PARKING 1. Residence PARKING LOCATION a. Up to 3 bed or sleeping rooms per 1 space dwlg. unit 0 Garage setback from front facade,min 20' b.4 and 5 bed or sleeping rooms per 2 spaces © Parking setback at front dwlg. unit facade c. Each add'l bed or sleeping room per 1 space dwlg. unit 2. Home occupation 1 space 3. Other uses See 4325- 20D(3)(b) mCollegetown Area Form Districts June 4,2014 DRAFT (3) Collegetown Residential 3 (CR-3) HEIGHT ACTIVATION PRINCIPAL BUILDING STREET FACADE * Height(stories/feet),max 3/35' Q Facade length,max 45' Height(stories/feet),min 2/20' Q Length of blank wall,max 8' Habitable space in the 3rd story must be fully contained within the pitched roof. See§325- DOORS AND ENTRIES 45.2B(11) Functioning entry on the street-facing 1 facade,min ACCESSORY STRUCTURE For corner lots,one functioning entry is required on © Height, (stories/feet),max 2/20' a street-facing facade FLOOR HEIGHT(PRINCIPAL BUILDING) PORCH Street-level(floor to floor),min 9' Front porch Required © 2nd story(floor to floor),min 9' ROOF Pitched roof Required Shed roof not allowed as primary roof Q) Pitch of principal gable,min/max 6:12/12:12 June 4,2014 Collegetown Area Form Districts DRAFT THIS PAGE LEFT INTENTIONALLY BLANK Collegetown Area Form Districts June 4,2014 DRAFT E Collegetown Residential 4 (CR-4) 1s u® M21JMMJM11WN Mosul 00m0 moo F o El0 fl PURPOSE&INTENT The Collegetown Residential 4 district primarily w\WILLIAMS ST I 6 contains multi-family dwelling units,and while single-family and two-family residential uses EDUFFALO SI are permitted,it is expected that multi-family residential will remain the predominant use.The "°H intent is this will be a medium-density residential ESEHE°AST' ARVARO PL district,consistent with the vision outlined in the o A 2009 Collegetown Urban Plan&Conceptual eqY Design Guidelines to concentrate additional de- FROSH ALLEY COOK ST w velopment in the central areas of Collegetown. � DxFDaDe This district serves as an essential bridge,both in a HARD PL density and built form,between the Collegetown Fs Residential 1-3 and Mixed Use districts. Rede- velopment is encouraged,but it is essential that 1 MR0" S HEL new construction meet the district requirements to ensure a consistent transition between the H Viewpoint of intent illustration above higher-density and lower-density zoning districts. District regulations permit buildings of up to 4 stories and 45 feet in height;a building must meet both requirements.Maximum lot coverage by buildings is greater than in the Collegetown Residential Districts 1-3 but not as high as al- J= lowed in the Mixed Use Districts.In terms of form,the district requirements provide prop- erty owners with choices between architectural features intended to create buildings compatible with those in adjacent zoning districts. June 4,2014 Collegetown Area Form Districts m DRAFT (1) Collegetown Residential 4 (CR-4) LOT CRITERIA SITING LOT SIZE PRINCIPAL BUILDING 10 Area,min 0 Front setback,min 10' 1. One-family or two-family dwelling 3,000 sf 0 Side setback,min 2. Multiple dwelling and other uses 3,500 sf 1. Row house 0' 0 Width at street line,min 2.All other structures 5' 1. One-family or two-family dwelling 30' 20'or 20% 2. Multiple dwelling and other uses 40' 0 Rear setback(whichever is less),min of lot depth Spacing between primary structures on 5, LOT COVERAGE same parcel,min Lot coverage by buildings,max 50% ACCESSORY STRUCTURE Green space,min 25% Side setback,min 3' MIN OFF-STREET PARKING Rear setback,min 3' Square footage of footprint per unit, 500 sf Buildings that fully comply with the New York State max Building Code or Residential Code for new construction: None,provided a transportation demand manage- ment plan is accepted by the Planning and Develop- O Garage setback from front facade,min 20' ment Board during site plan review g All other structures: Q Parking setback at front LResidence facade a. Up to 3 bed or sleeping rooms per 1 space Internal or underground parking must be wrapped dwlg. unit by residential on street-facing facades (except for b.4 and 5 bed or sleeping rooms per 2 spaces entries/exits) and may not be visible from a public street. dwlg. unit c. Each add'l bed or sleeping room per 1 space dwlg. unit 2. Home occupation 1 space 3. Other uses See§325- 201)(3)(b) Collegetown Area Form Districts June 4,2014 DRAFT (1) Collegetown Residential 4 (CR-4) HEIGHT ACTIVATION PRINCIPAL BUILDING STREET FACADE 0 Height(stories/feet),max 4/45' Q Facade length,max 0 Height(stories/feet),min 2/20' 1. Row house 100, 2.All other structures 45' ACCESSORY STRUCTURE Q Length of blank wall,max 8' Height, (stories/feet),max 2/20' DOORS AND ENTRIES FLOOR HEIGHT(PRINCIPAL BUILDING) Q Functioning entry on the street-facing 1 0 Street-level(floor to floor),min 9' facade,min For corner lots,one functioningentry is required on 0 Upper-story(floor to floor),min 9' ry q a street-facing facade ROOF PORCH,STOOP OR RECESSED © Pitched or flat roof Allowed ENTRY O Front porch,stoop or recessed entry required for each functional entry June 4,2014 Collegetown Area Form Districts DRAFT THIS PAGE LEFT INTENTIONALLY BLANK mCollegetown Area Form Districts June 4,2014 DRAFT G. Mixed Use (MU-1, MU-2) PURPOSE &INTENT I The Mixed Use districts accommodate retail, I,¢�S�" -- OAK A- office,service,hotel,and residential uses,and in most cases,multiple uses will be combined within MO the same building.The purpose is to create a dy- EBUF ALD ST namic urban environment in which uses reinforce M� DRVDEN RD each other and promote an attractive,walkable neighborhood. ESENECAST, WAR_ _ D PL a Located in central Collegetown,the Mixed Use BR districts allow the highest density within the Col- COOK ST legetown Area Form Districts. Redevelopment is anticipated and encouraged(with the exception of designated local landmarks),and the intent is y ORCHARD PL GP to concentrate the majority of additional develop- ment within these districts. '= MITCHEL -`RST MIT ELL The Mixed Use district regulations have been designed to encourage exceptional urban design f-* Viewpoint of intent illustration above and high-quality construction.The Mixed Use district permits buildings of up to 5 stories and An objective of both Mixed Use districts is to create an urban form 1 1 feet in height while the Mixed Use district that gives priority to pedestrians and encourages year-round com- allows buildings of up to 6 stories and 80 feet in mercial activity at the street level. Required form elements,such as a maximum distance between entries and a maximum length of height.A building cannot exceed either require- ment.While it may be feasible to design abuild- blank wall,activate the street-level of buildings to engage pedestri- ing with a greater number of stories within the ans through this highly-traveled section of Collegetown.In addi- tion,front setback requirements have been incorporated to ensure maximum allowed height in feet,the intent of the adequate space to provide wider sidewalks,and a safer pedestrian district regulations is to meet both requirements. The additional building height in feet has been environment. A required 10 foot chamfer or additional setback at allowed for the purpose of providing adequate corner lots within the Mixed Use 2 district will allow greater vis- e ibility and natural light at busy intersections. space for mechanicals and accommodating h quality design features and finishes. June 4,2014 Collegetown Area Form Districts DRAFT (1) Mixed Use 1 (MU-1) LOT CRITERIA SITING T' LOT SIZE PRINCIPAL BUILDING Area,min 0 Front setback,min 5' 1. One-family or two-family dwelling 3,000 sf Q Side setback,min 5' 2. Multiple dwelling and other uses 3,500 sf 1.Row house 0' Width at street line,min 2.All other structures 5' 1. One-family or two-family dwelling 30' 0 Rear setback,min 10, 2. Multiple dwelling and other uses 40' Spacing between primary structures 5, on same parcel,min LOT COVERAGE 0 Lot coverage by buildings,max 70% ACCESSORY STRUCTURE Q Green space,min 10% Side setback,min 0' Rear setback,min 0' MIN OFF-STREET PARKING Square footage of footprint per unit, 500 sf None max PARKING LOCATION Q Parking setback,from front facade, 30' min Internal or underground parking must be wrapped by residential on street-facing facades (except for entries/exits) and may not be visible from a public street. ® Collegetown Area Form Districts June 4,2014 DRAFT (1) Mixed Use 1 (MU-1) HEIGHT ACTIVATION o / PRINCIPAL BUILDING STREET FACADE 0 Height(stories/feet),max 5/70' Q Facade length,max Height(stories/feet),min 3/30' 1. Row house 150' 2.All other structures 75' ACCESSORY STRUCTURE Q Length of blank wall,max 12' Height, (stories/feet),max 2/20' DOORS AND ENTRIES FLOOR HEIGHT(PRINCIPAL BUILDING) Q Distance between functioning street- 35' 0 Street-level(floor to floor), min facing entries,max 1. Residential 10' Commercial entries must be functioning and usable 2. Commercial 12' during business hours. Upper-story(floor to floor),min 10' RECESSED ENTRY Recessed entry required for each functional entry ROOF © Pitched or flat roof Allowed June 4,2014 Collegetown Area Form Districts DRAFT (2) Mixed Use 2 (MU-2) LOT CRITERIA SITING* 0 f LOT SIZE PRINCIPAL BUILDING* Area,min 2,500 sf Front setback,min/max 0'/2' Width at street line,min 25' Side setback,min 0' 0 Rear setback,min 10, LOT COVERAGE 0 Lot coverage by buildings,max 100%,except as ACCESSORY STRUCTURE required for rear yard Side setback,min 0' Q Green space,min 0% Rear setback,min 0' Square footage of footprint per unit, 500 sf MIN OFF-STREET PARKING max None PARKING Q Parking setback,from front facade, 30' min Internal or underground parking must be wrapped by residential on street-facing facades(except for entries/exits)and may not be visible from a public street. *See§325-45.2G(3) Siting Exceptions mCollegetown Area Form Districts June 4,2014 DRAFT (2) Mixed Use 2 (MU-2) HEIGHT ACTIVATION PRINCIPAL BUILDING STREET FACADE 10 Height(stories/feet),max 6/80' Q Glazing,street-level story facade, min 65% 0 Height(stories/feet),min 4/45' Length of blank wall,max 12' ACCESSORY STRUCTURE DOORS AND ENTRIES Height, (stories/feet), max 2/20' Q Distance between functioning street- 60' facing entries, max FLOOR HEIGHT Commercial entries must be functioning and usable Street-level(floor to floor), min 12' during business hours. 0 Upper-story(floor to floor),min 10' ROOF © Flat roof Required June 4,2014 Collegetown Area Form Districts DRAFT (3) Siting Exceptions The siting requirements for the MU-2 district are subject to the following exceptions: (a) In order to accommodate wider sidewalks and create a more pedestrian-friendly environment,a setback of a minimum of 5 feet and a maximum of 7 feet from the property line that abuts Dryden Road is required for all properties on the south side of the 100 and 200 blocks of Dryden Road as designated on the map below. it OPS�PO\`�PP` OAKAVE i w Q r - MU-2 � MU-2 O z � - - w m A D IZi m -.---y MU-2 (b) Buildings at all corner lots within the MU-2 district shall be chamfered at least 10 feet from the corner or setback a minimum of 5 feet from both street frontages. If chamferred,the chamfer shall extend from the ground to the top of the building,except for any stories that are stepped back beyond that dimension. (c) All street-facing facades on corner lots shall be considered front facades. Collegetown Area Form Districts June 4,2014 DRAFT 325-45.3 Allowed Uses A. Use Table District Permitted Primary Use Permitted Accessory Use CR-1 1. One-family detached dwelling occupied 1. Required off-street parking by: 2. Private garage for not more than 3 cars a. An individual or family or func- 3. Structures for construction purposes,not to remain tional family(see§325-3)plus not more over 2 years than one unrelated occupant,or 4. Sign in connection with permitted use(see Sign b. If dwelling is owner occupied,an Ordinance, Ch.272 City Municipal Code) individual or family plus not more than 5. By Special Permit:Towers or structures for receipt two unrelated occupants or transmission of electronic signals for commercial 2. Church and related buildings purposes or for generation of electricity to be used 3. Public park or playground on the premises where generated in any district 4. Library or fire station (see§325-9).Except for personal wireless services facilities. By Special Permit of Board of Zoning Ap- 6. By Special Permit:An accessory apartment(see peals (§325-9): §325-10).Permit required in all use districts. 5. Cemetery and related buildings 7. Adult day care home 6. Public utility structure except office 8. Home occupations: Special Permits required in 7. Schools (all) and related buildings certain situations (see§325-9C{i}). CR-2 1. One-family detached or semi-detached 1. Required off-street parking dwelling occupied by an individual or 2. Private garage for not more than 3 cars family or functional family plus not 3. Structures for construction purposes,not to remain more than two unrelated occupants over two years 2. Two-family dwelling,each unit of which 4. Sign in connection with permitted use(see Sign may be occupied by an individual or Ordinance, Ch.272 City Municipal Code) family plus not more than two unrelated 5. By Special Permit:Towers or structures for receipt occupants. or transmission of electronic signals for commercial 3. Church and related buildings purposes or for generation of electricity to be used 4. Library or fire station on the premises where generated in any district 5. Public park or playground (see§325-9).Except for personal wireless services facilities. By Special Permit of Board of Zoning Ap- 6. By Special Permit:An accessory apartment(see peals: §325-10).Permit required in all use districts. 6. Bed and breakfast home 7. Adult day care home 7. Cemetery and related buildings 8. Home occupations:Special Permits required in 8. Neighborhood commercial facility(see certain situations(see§325-9COD. §325-3) 9. Nursery school,child day care center, group adult day care facility 10. Public utility structure except office 11. Schools (all) and related buildings June 4,2014 Collegetown Area Form Districts DRAFT District Permitted Primary Use Permitted Accessory Use CR-3 1. One-family detached,semi-detached, 1. Required off-street parking or attached dwelling or two-family 2. Private garage for not more than 4 cars dwelling 3. Structures for construction purposes,not to remain 2. Cooperative household(see 4325-3) over two years 3. Multiple dwelling(see§325-3) 4. Sign in connection with permitted use(see Sign 4. Rooming or boarding house Ordinance,Ch.272 City Municipal Code) 5. Row house,townhouse or garden 5. By Special Permit:Towers or structures for receipt apartment housing or transmission of electronic signals for commercial 6. Church and related buildings purposes or for generation of electricity to be used 7. Library or fire station on the premises where generated in any district 8. Nursery school,child day care center, (see§325-9).Except for personal wireless services group adult day care facilities. 9. Nursing,convalescent or rest home 6. By Special Permit:An accessory apartment(see 10. Public park or playground §325-10).Permit required in all use districts. 7. Adult day care home By Special Permit of Board of Zoning Ap- 8. Home occupations: Special Permits required in peals: certain situations(see 5325-9C{i}). 11. Bed and Breakfast Home and Inns 9. Neighborhood parking area subject to regulations of 12. Cemetery and related buildings §325-20(B) 13. Hospital or sanatorium 14. Neighborhood commercial facility(see 4325-3) 15. Public utility structure except office 16. Schools (all) and related buildings 1. One-family detached,semi-detached, 1. Required off-street parking or attached dwelling or two-family 2. Private garage for not more than 4 cars dwelling 3. Structures for construction purposes,not to remain 2. Cooperative household(see§325-3) over two years 3. Multiple dwelling(see§325-3) 4. Sign in connection with permitted use(see Sign 4. Rooming or boarding house Ordinance,Ch.272 City Municipal Code) 5. Row house,townhouse or garden 5. By Special Permit:Towers or structures for receipt apartment housing or transmission of electronic signals for commercial 6. Church and related buildings purposes or for generation of electricity to be used 7. Library or fire station on the premises where generated in any district 8. Nursery school,child day care center, (see§325-9). Except for personal wireless services CR-4 group adult day care facilities. 9. Nursing,convalescent or rest home 6. By Special Permit:An accessory apartment(see 10. Public park or playground 4325-10). Permit required in all use districts. 7. Adult day care home By Special Permit of Board of Zoning Ap- 8. Home occupations: Special Permits required in peals: certain situations(see§325-9C{i}). 11. Bed and Breakfast Home and Inns 9. Neighborhood parking area subject to regulations of 12. Cemetery and related buildings §325-20(B) 13. Hospital or sanatorium 14. Neighborhood commercial facility(see §325-3) 15. Public utility structure except office 16. Schools (all) and related buildings Collegetown Area Form Districts June 4,2014 DRAFT District Permitted Primary Use Permitted Accessory Use 1. One-family detached,semi-detached, 1. Required off-street parking or attached dwelling or two-family 2. Private garage for not more than 4 cars dwelling 3. Structures for construction purposes,not to remain 2. Bed and breakfast homes over two years 3. Cooperative household(see§325-3) 4. Sign in connection with permitted use(see Sign 4. Multiple dwelling(see§325-3) Ordinance, Ch.272 City Municipal Code) 5. Rooming or boarding house 5. By Special Permit:Towers or structures for receipt 6. Row house,townhouse or garden or transmission of electronic signals for commercial apartment housing purposes or for generation of electricity to be used 7. Cemetery and related buildings on the premises where generated in any district 8. Church and related buildings (see§325-9). Except for personal wireless services 9. Library or fire station facilities. 10. Nursery school,child day care center, 6. By Special Permit:An accessory apartment(see group adult day care §325-10). Permit required in all use districts. 11. Nursing,convalescent or rest home 7. Adult day care home 12. Public utility structure except office 8. Home occupations: Special Permits required in 13. Public park or playground certain situations(see§325-9C{i}). 14. Schools (all)and related buildings 9. Neighborhood parking area subject to regulations of MU-1 15. Business or professional office §325-20(B) 16. Bank or monetary institution 17. Club,lodge,or private social center 18. Confectionery,millinery,dressmaking and other activities involving light hand fabrication as well as sales 19. Funeral home or mortuary 20. Hospital or sanatorium 21. Hotel 22. Inn 23. Neighborhood commercial facility(see §325-3) 24. Office of government 25. Public,private,or parochial school 26. Retail store or service commercial facility 27. Restaurant,fast food establishment, tavern 28. Theater,bowling alley,auditorium or other similar place of public assembly June 4,2014 Collegetown Area Form Districts DRAFT District Permitted Primary Use Permitted Accessory Use 1. One-family detached,semi-detached, 1. Required off-street parking or attached dwelling or two-family 2. Private garage for not more than 4 cars dwelling 3. Structures for construction purposes,not to remain 2. Bed and breakfast home over two years 3. Cooperative household(see§325-3) 4. Sign in connection with permitted use(see Sign 4. Multiple dwelling(see§325-3) Ordinance, Ch.272 City Municipal Code) 5. Rooming or boarding house 5. By Special Permit:Towers or structures for receipt 6. Row house,townhouse or garden or transmission of electronic signals for commercial apartment housing purposes or for generation of electricity to be used 7. Cemetery and related buildings on the premises where generated in any district 8. Church and related buildings (see§325-9). Except for personal wireless services 9. Library or fire station facilities. 10. Nursery school,child day care center, 6. By Special Permit:An accessory apartment(see group adult day care §325-10). Permit required in all use districts. 11. Nursing,convalescent or rest home 7. Adult day care home 12. Public utility structure except office 8. Home occupations: Special Permits required in 13. Public park or playground certain situations(see§325-9C{i}). 14. Schools (all)and related buildings 9. Neighborhood parking area subject to regulations of 15. Business or professional office §325-20(B) MU-2 16. Bank or monetary institution 10. Employee,customer,or public parking areas (see 17. Club,lodge,or private social center 4325-20) 18. Confectionery,millinery,dressmaking and other activities involving light hand fabrication as well as sales 19. Funeral home or mortuary 20. Hospital or sanatorium 21. Hotel 22. Inn 23. Neighborhood commercial facility(see §325-3) 24. Office of government 25. Parking garage 26. Public,private,or parochial school 27. Retail store or service commercial facility 28. Restaurant,fast food establishment, tavern 29. Theater,bowling alley,auditorium or other similar place of public assembly mCollegetown Area Form Districts June 4,2014 DRAFT B. Street-Level Active Uses Required (1) Within the MU-2 district,active uses are required on the entire street-level of all buildings fronting on those portions of College Avenue,Dryden Road,and Eddy Street designated on the map below. (2) Active street-level uses are one of the keys to vitality of the Collegetown core area.Active uses are defined as: (a) Retail store or service commercial facility (b) Restaurant,fast food establishment,or tavern (c) Theater,bowling alley,auditorium or other similar places of public assembly (d) Hotel (e) Library or fire station (f) Public park or playground (g) Bank or monetary institution Street-level active uses required in areas shown in solid red. June 4,2014 Collegetown Area Form Districts DRAFT �•rx9 CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 Vie` x DEPARTMENT OF PLANNING,BUILDING&ECONOMIC DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING&DEVELOPMENT i � PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT �pORACd�� 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: June 3, 2014 RE: Proposed Planned Unit Development Floating Zoning District The purpose of this memo is to provide information regarding a proposal to create a Planned Unit Development (PUD) floating zoning district. Enclosed for your consideration is a draft ordinance that would allow for the Common Council to establish a PUD within industrial zoned parcels located in the City of Ithaca. The PUD is a tool intended to be used to encourage mixed-use or unique single use projects that require more creative and imaginative design of land development than is possible under industrial zoning district regulations. A PUD allows for flexibility in planning and design, while through the process of review and discussion, ensures efficient investment in public improvements, a more suitable environment, and protection of community interest. A PUD should be used only when long-term community benefits will be achieved through high quality development, including, but not limited to, reduced traffic demands, greater quality and quantity of public and/or private open space, community recreational amenities, needed housing types and/or mix, innovative designs; and for the protection and/or preservation of natural resources. A property owner or developer wishing to have their project considered for a PUD will have to complete an application and work with staff, Common Council, and the Planning Board to be considered. The enactment and establishment of such a zone shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such zone. In reaching its decision on whether to rezone a PUD the Common Council will consider an application for any PUD on the following criteria, among others: ■ Does the project further the health and welfare of the community ■ Is the project in accordance with the City Comprehensive Plan ■ Does the project create at least one long term community benefit ■ Is the property located in an area of the City that is currently zoned industrial All development restrictions, including, but not limited to, yard size, height restriction, building coverage, and lot size, shall be as set forth in the legislation rezoning the area to a PUD established by the Common Council. In addition, the Common Council may impose any conditions or limitations that are determined to be necessary or desirable to ensure that the development conforms with the City Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, requiring acoustical or visual screening, construction sequencing, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. An application form with suggested guidelines and community benefits is enclosed. An environmental review of this action has been completed and the draft full environmental review form is enclosed, along with the draft ordinance. This concept was circulated and the comments that were received from the County are enclosed. Also enclosed for your consideration is a draft resolution for declaration of lead agency and a resolution for a negative declaration of environmental significance. If you have any questions, please feel free to contact me at 274-6410. Draft Resolution 6/5/14 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning, " in order to establish the Planned Unit Development (PUD) District- 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 proposed amendments to Chapter 325, Entitled "Zoning, " in order to create a floating Planned Unit Development overlay district that may be established by the Common Council in any industrially zoned parcel located within the City. j:\groups\planning and econ dev committee\2014 planning and economic development committee\06 june\5c2- 2014-pudlead agency.06-05.doc Draft Resolution 6/5/14 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning, " in order to establish the Planned Unit Development (PUD) District - Declaration of Environmental Significance 1 . WHEREAS, The Common Council is considering a proposal to create a floating Planned Unit Development overlay district that may be established by the Common Council in any industrially zoned parcel located within the City, and 2 . WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF) , dated June 3, 2014 3 . WHEREAS, the proposed action is an "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 FEAF 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 Full Environmental Assessment Form, dated May 6, 2014, 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. j:\groups\planning and econ dev committee\2014 planning and economic development committee\06 june\5c3 -2014-pud-negdec.06-05.doc j:\groups\planning and econ dev committee\2014 planning and economic development committee\06 june\5c3 -2014-pud-negdec.06-05.doc 0 CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: The Full Environmental Assessment Form(FEAF) is designed to help applicants and agencies determine, in an orderly manner,whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly,comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. FEAF Components: Part 1: Provide objective data and information about a given action and its site. By identifying basic project data,it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is use,00,evaluate whether or not the impact is actually important. ."'golf 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: ® Part I ❑Part 2 ❑ Part 3 Upon review of the information recorded on this FEAF(Parts,2,and 3,if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact,it is reasonably determined by the Lead Agency that: ®A. The Proposed Action will not result in any large and important impact(s)an is one that will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL BE PREPARED. ❑ B. Although the proposed action could have a significant impact on the environment,there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required;therefore,A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED.* ❑ C. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment;therefore,A POSITIVE DECLARATION WILL BE PREPARED. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action: Proposal to Create Planned Unit Development(PLTD)Floating Zone District Name of Lead Agency: City of Ithaca Name & Title of Responsible Officer in Lead Agency: Mayor Svante Myrick Signature of Responsible Officer in Lead Agency: Name & Title of Preparer: Jennifer Kusznir, Economic Development Planner Signature of Preparer: f -��gS — Date: June 3, 2014 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART 1—PROJECT INFORMATION NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. I' „ . ,42w H' ame of Action: Proposal to Create Planned Unit Develop m PUD) Floating Zone District Location of Action: City of Ithaca ame of Applicant/Sponsor: City of Ithaca lAddress: 108 E. Green St. (City Hall) City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: 607-274-6550 ame of Owner(if different): n/a lAddress: n/a City/Town/Village: n/a State: n/a ZIP: n/a Business Phone: n/a Description of Action: Proposal to Create Planned Unit Development(PUD) Floating Zone District A PUD is a floating overlay zone, which may be placed within industrial zoned parcels located within the City boundaries, anywhere deemed appropriate by Common Council. The purpose of the PUD is to encourage and allow more creative and imaginative design of land development than is possible under standard zoning district regulations. A PUD allows for flexibility in planning and design, while, through the process of review, discussion, and law change, ensures efficient investment in public improvements, a more suitable environment, and protection of community interest. Page 2 Please Complete Each Question (indicate N/A, if not applicable): A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: ❑® Urban ©Industrial 0 Commercial E3 Public 0 Forest Agricultural ❑❑ Other: 2. Total area of project area: Chosen units apply to following section also Approximate Area (Units in question 2 apply to this section) C After Completion BG 2a. Meadow or Brushland(non-agricultural) 2b. Forested ' ##u u, qg 2c. Agricultural ' 2d. Wetland [as per Articles 24 of Environmental Conservation Law(E e. Water Surface Area hhhhhh �" 2f. Public 2 . Water Surface Area IL 2h. Unve etated(rock, earth or fill i. Roads, buildings and other paved surfaces 5 acres. —105 acres 2'. Other(indicate e) RR a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): n/a 3b. Soil Drainage: tVa L] Well-Drained ° of Site E] Moderately Well Drained % of Site L Poorly Drained % of Site 4a. Are there bedrock outcroppings on project site? LJYes o L]N/A 4b. What is depth of bedrock?v a (feet) 4c. at is depth to the water table? n1a (feet) rApproximate percentage of proposed project site]F-10%—% 10-15% % ith slopes: _ or greater % 6a. Is project substantially contiguous to, or does it contain a building, site or district, listed on or es L]No �/A eligible for the National or State Register of Historic Places? 6b. Or designated a local landmark or in a local es []No X /A landmark district? 7. Do hunting or fishing opportunities presently exist in the project area? es ®No L]N/A If yes, identify each species: Page 3 SITE DESCRIPTION (concluded) 8. Does project site contain any species of plant or es [XNo []N/A animal life that is identified as threatened or According to: endangered? Identify each Species: 9. Are there any unique or unusual landforms on the es ZNo L]N/A project site? (i.e., cliffs, other geological formations) Describe: 10. Is the project site presently used by the es FX No [JN/A community or neighborhood as an open space or If yes, explain ..... recreation area? 11. Does the present site offer or include scenic views known to be important to the community? es o Des 12. Is project within or contiguous to a site designated a Unique Natural Area(UNA) or es �X 1�ToN/A critical environmental area by a local or sta Describe: I agency? r -- 13. Streams within or contiguous to project area: a. Names of stream or name of river to which it i"Al s a t;butary: N/A 14. Lakes,ponds, wetland areas within or contiguous a. ame: to project area: tVa b. Size (in acres): 15. Has the site been used for land disposal of solid Yes [�No []N/A or hazardous wastes? Describe: 16. Is the site served by existing public utilities? es ❑No �X N/A a. If Yes, does sufficient capacity exist to allow connection? es []No QN/A b. If Yes, will improvements be necessary to es ❑No i�uv�,�/A allow connection? PyB. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) la. Total contiguous area owned by project sponsor in acres: N/A lb. Project acreage developed: —105 acres initially —105 acres.ultimately Ile. Project acreage to remain undeveloped: N/A ld. Length of project in miles: if appropriate) N/A or feet: N/A Ile. If project is an expansion, indicate percent of change proposed: N/A IL Number of off-street parking spaces existing: N/A ro osed: N/A 1 .Maximum vehicular trips generated(upon completion ofproject)per day: N/A and per hour: N/A Page 4 11h. Height of tallest proposed structure: feet. N/A 1'. Linear feet of frontage along a public street or thoroughfare that the project will occupy?N/A 2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site: N/A or added to the site: N/A 3. Specify what type of vegetation(trees, shrubs, ground cover) and how much will be removed from the site: acres: N/A type of vegetation: N/A 4. Will any mature trees or other locally important vegetation be removed by this project? N/A 5. Are there any plans for re-vegetation to replace that removed during construction`? N/A 6. If single phase project, anticipated period of construction N/Amonths, (including demolition) 7. If multi-phased project, anticipated period of construction N/A months, (including demolition) 7a. Total number of phases anticipated: N/A 7b. Anticipated date of commencement for first phase N/A month% . A year(includingdemolition) 7c. Approximate completion date of final phase N/A month N/A year. 7d. Is phase one financially dependent on subsequent phases? I�Yes o XE /A 18. Will blasting occur during construction? Dyes ONo X N/A; if yes, explain: 9. Number of jobs generated: during construction 0 after project Wcompleted 0 10.Number of jobs eliminated by this project: 0 Explain: 11.Will project require relocation of any projects or facilities? Yes o�T/A; if yes, explain: .aa66666aw. 12a. Is surface or subsurface liquid waste disposal involved?13Yes Do M/A; if yes, explain: 12b. If#12a is yes, indicate type of waste (sewage, industrial, etc): N/A 12c. If surface disposal, where specifically will effluent be discharged?N/A 13.Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased by proposal?MYes No _N/A; if yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood plain? Yes UNo X /A 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply.)N/A 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 Of the ECL?OYes ® o ©N/A; 14d. If#14a,b or c is yes, explain: N/A 15a. Does project involve disposal or solid waste? Yes � o �UA 15b. If#15a is yes, will an existing solid waste disposal facility be used? ©Yes ONo D/A 15c. If#15b is yes, give name of disposal facility: N/A and its location: Inthere there be an wastes that will not go into a sewage disposal system or into a sanitary landfill? ❑❑Yes �o a/A; if yes, explain: Page 5 115e. Will any solid waste be disposed of on site? ©Yes Mo &/A; if yes, explain: 116. Will project use herbicides or pesticides?1Yes Mo ® /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 Mo E /A; if yes, explain: 18. Will project produce odors? Dyes Mo FNFA, if yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? Dyes Mo E /A; After construction? Yes [3No FEJ /A 120. Will project result in an increase of energy use?©Yes CNo FX_ /A; if yes, indicate type(s) N/A 1. Total anticipated water usage per day: gals/day. N/A Source of water N/A C. ZONING & PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? X Yes Mo M/A; if yes, indicate the decision required: Zoning Amendment 13 Zoning Variance New/Revision of Master Plan [3 Subdivision Site Plan © Special Use Permit Resource Management Plan ©Other: 2. What is the current zoning classification of site? I-1 3. If the site is developed as permitted by the rese oning,what is the maximum potential development? N/A 14. Is proposed use consistent with present zoning? ,Yes EEJ]No WX /A 5. If#4 is no, indicate desired zoning: N/A 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? N/A 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? es L._No[3NUA; If no, explain: 8. What is the dominant land use and zoning classification within a 1/4 mile radius of the project? N/A 9. Is the proposed action compatible with adjacent land uses? ® es ONo M/A Explain: 10a. If the proposed action is the subdivision of land, how many lots are proposed?N/A 10b. What is the minimum lot size proposed? N/A Page 6 11. Will the proposed action create a demand for any community-provided services? (recreation, education, police, fire protection, etc.) ? OYes MNo FOIN/A Explain: If yes, is existing capacity sufficient to handle projected demand? ©Yes ONo QN/A Explain: N/A 12. Will the roposed action result in the generation of traffic significantly above prelt levels? OYes 0 o ON/A If yes, is the existing road network adequate to hanie additional traffic? Oyes © o ON/A Explain: A APPROVALS # . 11. Approvals: Common Council Adoption 2a. Is any Federal permit required? Oyes WNo ON/A; Specify: kb. Does project involve State or Federal funding or financing?_Yes XM o ON/A; If Yes, Specify: 2c. Local and Regional approvals: Type of Submittal Approval Agency Yes/No Approval Required Date Date COMMON COUNCIL YES ADOPTION Board of Zoning Appeals BZA No Planning &Development Board No Ithaca Landmarks Preservation No Commission ILPC) Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) 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 the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: City of Ithaca Signature: — Title: Economic Development Planner Page 7 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on land. Any potential impacts on land will have to be evaluated if and when a planned unit development district is created. Any construction on slopes of 15% or greater(1 5-foot rise 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 El ❑ ❑ 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on unique land forms. Any potential impacts on unique land forms will have to be evaluated if and when a planned unit development district is created. 1 of 15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Specific land forms (if any): ❑ ❑ ❑ Yes ❑ No 2of15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on water. Any potential impacts on water will have to be evaluated if and when a planned unit development district is created. 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on water. Any potential impacts on water will have to be evaluated if and when a planned unit development district is created. 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 3of15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on groundwater. Any potential impacts on groundwater will have to be evaluated if and when a planned unit development district is created. 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 ❑ ❑ ❑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 4of15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on drainage or runoff. Any potential impacts on drainage or runoff will have to be evaluated if and when a planned unit development district is created. 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on air quality. Any potential impacts on air quality will have to be evaluated if and when a planned unit development district is created. Project will induce 500 or more vehicle trips in any 8-hour El ❑ [:] 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 5of15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on plants and animals. Any potential impacts on plants and animals will have to be evaluated if and when a planned unit development district is created. 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on plants and animals. Any potential impacts on plants and animals will have to be evaluated if and when a planned unit development district is created. Proposed action would substantially interfere with any ❑ ❑ [:] Yes ❑ No resident or migratory fish, or wildlife species. Proposed action requires removal or more than '/Z acre of El ❑ ❑ Yes ❑ No mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 6of15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on aesthetic resources. Any potential impacts on aesthetic resources will have to be evaluated if and when a planned unit development district is created. 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 El ❑ ❑ 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 Qhe proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on historic resources. Any potential impacts on historic resources will have to be evaluated if and when a planned unit development district is created. 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. 7of15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 8of15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District 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 proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on open spaces or recreational opportunities. Any potential impacts on open spaces or recreational opportunities will have to be evaluated if and when a planned unit development district is created. The permanent foreclosure of a future recreational El ❑ [:] Yes ❑ No opportunity. A major reduction of an open space important to the community. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ [—] 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on unique natural areas or critical environmental areas. Any potential impacts on unique natural areas or critical environmental areas will have to be evaluated if and when a planned unit development district is created. 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 ❑ ❑ [:] Yes ❑ No resource. 9of15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 10 of 15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on transportation. Any potential impacts on transportation will have to be evaluated if and when a planned unit development district is created. 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on the community's sources of fuel or energy supply. Any potential impacts on the community's sources of fuel or energy supply will have to be evaluated if and when a planned unit development district is created. 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 11 of 15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on noise or odors. Any potential impacts on noise or odors will have to be evaluated if and when a planned unit development district is created. 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 El ❑ [:] 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 The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on public health and safety. Any potential impacts on public health and safety will have to be evaluated if and when a planned unit development district is created. Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, El ❑ [:] 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.) 12of15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District 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). 13 of 15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District 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 proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on growth and character of the community. Any potential impacts on growth and character of the community will have to be evaluated if and when a planned unit development district is created. 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, El ❑ ❑ 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 14of15 6/11/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District actions. Proposed action will relocate 15 or more employees in one or ❑ ❑ [:] Yes ❑ No more businesses. 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— 15 of 15 6/11/2014 1'rFI,� AORASEO� The M of Ithaca is committed to creating a work environment and community that values and supports diversity and inclusion and to developing laws,policies and procedures that are mindful and inclusive of our diverse community. The Planned Unit Development Zone is a floating zone, which is intended to allow flexibility in zoning regulations for projects that are found to be beneficial to the community and that are expected to further the goals of the City Comprehensive Plan. I. Objective A Planned Unit Development(PUD)is a floating overlay zone,which may be placed within any industrial zoned property located within the City boundaries, if deemed appropriate by the Common Council. The purpose of the PUD is to encourage and allow more creative development of land than is possible under standard zoning district regulations.A PUD allows for flexibility in planning and design. Through the process of review, discussion, and legislative change, efficient investment in public improvements,a more appropriate environment,and protection of community interest is ensured. II. Requirements With the approval of the City Common Council, a PUD may be established in any industrially zoned parcel within the City boundary. The establishment of any such zone shall lie in the sole discretion of the City Common Council, as a legislative body. It shall be established by amending the Zoning Ordinance to permit such establishment. The enactment and establishment of such a zone shall be a legislative act.No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such zone. In a PUD, buildings and land may be used for any lawful purpose permitted in the zone where it is located, plus any other uses which the Common Council may authorize upon findings that such additional uses: • Further the health and welfare of the community;and • Are in accordance with the City Comprehensive Plan • Does the project create at least one long term community benefit All development restrictions, including, but not limited to, yard size, height restriction, building coverage, and lot size, shall be as set forth in the legislation rezoning the area to a PUD established by the City Common Council. In addition,the City Common Council may impose any conditions or limitations that are determined to be necessary or desirable to ensure that the development is in conformance with the City's Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. No structure shall be erected or placed within a PUD, no building permit shall be issued for a building or structure within a PUD, and no existing building, structure or use in a PUD shall be changed, unless the proposed building and/or use is in accordance with a site plan approval. III.Application Process A developer proposing a project that does not conform to the existing zoning requirements may apply for a PUD to be placed on property under their control. The application process is as follows: 1. Staff/Developer Pre-Application Meeting. A developer seeking alternate zoning for their property must first contact the Department of Planning,Building, Zoning, and Economic Development for a pre-application meeting. Staff will explain the requirements, the application process, the timeline, and the fees associated with a PUD request. 2. Application Submission. The developer must submit a completed PUD application along with the required fee. The application must include a conceptual development plan and an explanation of the request for alternate zoning. The conceptual plan must include the proposed sizes of yards,maximum heights and stories of all proposed buildings, maximum lot coverage, adjacent uses and adjacent zoning. 3. Planning Committee. The Planning Committee of the Common Council will- Formatted:Indent:Left: 18 pt,Tab stops: consider the application for completion and will schedule a public information 36 pt,List tab+Not at 144 pt session. The developer will be expected to be present at this meeting. The Planning Committee will authorize circulation of the proposal for review and comment from City Boards/Committees, the Tompkins County Planning Department,and any neighboring property owners within 500 feet of the proposed project Comments and concerns will be forwarded to the developer and to the Commons Council for their consideration. 4. Public Information Session. Within 30 days of receiving a completed application the City will schedule a Public Information Session, at which the developer will be responsible for presenting information about the project and answering questions from the public. The City will advertise the public information session with a press release to the local media. The developer is responsible for posting the property at least 5 days prior to the Public Information Session,with the date,time,and location of the meeting. 5. Committee Recommendation. Once the comments have been received the Planning Committee will consider the proposal along with the comments and will make a recommendation to the Common Council. The recommendation may include additional requirements or limitations to either mitigate undesirable 2 impacts or to ensure that the development conforms to the goals of the City's Comprehensive Plan. 6. Conditional Approval. The Common Council will consider the request and may pass a resolution granting a conditional approval subject to further site plan review approval and instructing staff to take the project through the environmental review process. 7. Site Plan Review Application—Applicant submits a site plan review application and begins the environmental review process 8. Declaration of Intent to Act as Lead Agency—Planning Board declares its intent to be the lead agency for the environmental review of the project and the PUD and notifies all other involved agencies,including the Common Council. 9. Common Council Involvement—As a part of the environmental review process for the project and the PUD,the Planning Board will update the Common Council after each Planning Board meeting where the project is considered and will request ongoing written comments from the Common Council. 10.Environmental Review/Site Plan Review—The Planning Board will be the lead agency for the environmental review and site plan review of the project. The project will undergo the normal site plan review process 11.Common Council Consideration of the PUD—When and if the project has received a negative declaration of environmental significance and site plan approval, it will return to the Common Council for final consideration of the adoption of the PUD. Final Council approval, if any, shall be granted via ordinance. IV.Expiration A developer who receives PUD approval will have 24 months to begin construction of their project. If construction on the property has not been developed in accordance with the approved plan after 24 months, the PUD will automatically be revoked, unless otherwise stated by the Common Council, and the property will return to the previously approved zoning restrictions. In the case of extenuating circumstances the developer may apply to the Common Council for an extension of PUD approval. If the site plan changes significantly, as determined by the Director of Planning and Development, it may require re-consideration by the Common Council. The Director of Planning and Development may determine that the changes are minor and do not require re-approval. V. Application and Processing Fees A developer wishing to apply for a PUD will pay a flat fee of$1,200.00(twelve hundred dollars). This fee will cover all advertising costs, as well as staff processing time. The application fee is due at the time that the full application is submitted. 3 PoRASED Part 1.—Applicant Information Application Date: 1. Applicant Information Applicant Name(All principal owners of 15%, or more must be listed): Address: City: State: Zip: Phone: Email: Property Owner(If different from applicant): Address: City: State: Zip: Phone: Email: 2. Property Information Formatted:Indent:Hanging: 36 pt,Space (Applicant must provide either proof of ownership or an owner's authorization) After: 0 pt,Tab stops: 18 pt,List tab+Not at 36 pt Property Street Address: Tax Parcel Number: Legal description of Property: Zoning District: Area: Frontage: Current Uses: 4 3. Proiect Information Project Name: Project Narrative and Summary of Community Benefits(attach additional sheets as needed): Project Location: Property Size(acres)—both existing&proposed: Building Size(square feet)—both existing&proposed: Formatted:Font:Times New Roman,Bold Formatted:Font:Times New Roman,Bold Proposed Project Start&Completion Dates: / Formatted:Font:Times New Roman,Bold Ap1rOX.#Of rental hOUSing Un1tS: /� Formatted:Font:Times New Roman,Bold / Formatted:Font:Times New Roman,Bold Approx.#of for-sale housing units' Formatted:Font:Times New Roman,Bold Formatted:Font:Times New Roman,Bold Approx.SF of office: Formatted:Font:Times New Roman,Bold Formatted:Font:Times New Roman,Bold Approx.SF of retail/commercial: Formatted:Font:Times New Roman,Bold Approx.SF of�community/non-profit use: Formatted:Font:Times New Roman,Bold Formatted:Font:Times New Roman,Bold Approx.SF of light industrial/high-tech: Formatted:Font:Times New Roman,Bold Formatted:Font:Times New Roman,Bold Approx.SF of industrial/manufacturing: Formatted:Font:Times New Roman,Bold Approx.SF of other uses specify: Formatted:Font:Times New Roman,Bold Formatted:Font:Times New Roman,Bold Formatted:Font:Times New Roman,Bold Formatted:Font:Times New Roman,Bold Part 4.—Proiect Costs Formatted:Font:Times New Roman,Bold 5 Cost of New Construction: Value of Improvements: Value of Equipment to Be Acquired: Other: Total: Part 5.—Criteria and Potential Project Benefits Minimum Qualification Criteria A PUD can only be established if the following criteria are all determined to have been met: • Does the project further the health and welfare of the community; and • Is the project in accordance with the City Comprehensive Plan • Does the project create at least one long term community benefit • Is the property located in an area of the City currently zoned industrial PUD Approval Considerations In addition to meeting the minimum criteria, the following will also be considered when evaluating whether to grant a PUD for a proposed project: (1) Please demonstrate why this project can't move forward under existing zoning. Why should a PUD be a desirable way to regulate development on this site? (2) Will the project provide for public access pedestrian linkages (active recreation)? (3) What are the heights of buildings in this project?How do building masses and locations compare to each other and to other structures in the vicinity? (4) Are there available and adequate transportation systems within the PUD for pedestrians,bicycles,and motor vehicles,including transit?What is the impact on the external transportation network? (5) What is the character of the neighborhood in which the PUD is being proposed?Are there safeguards provided to minimize possible detrimental 6 effects of the proposed use on adjacent properties and the neighborhood in general? (6) How do the proposed open space and recreational systems function within the PUD and in relation to the City's overall open space and recreational systems? (7) What is the general ability of the land to support the development,including such factors as slope,depth to bedrock,depth to water table and soil type? (8) What potential impacts are there on environmental,historical,and architectural resources?Does the proposed PUD serve to protect these resources? (9) What potential impacts are there on local government services? (10) Is there available and adequate water service? (11) Is there available and adequate sewer service? (12) Will the PUD provide several of the community benefits listed below that contribute to making the project a long-term asset for the community? Potential Community Benefits Resulting from the PUD Project Formatted:Indent:Left: 0 pt,Pattern:Clear (White) (1) What will be the increase to the tax roll value of new real property? (2) How many FTE jobs will be created as a result of the project?Will the project result in job creation of positions that pay at least a living wage? (3) Will the project result in job creation of which at least 5 1% will be held by persons earning 80%or less of Area Median Income? (4) Will the applicant provide affordable housing at rents that do not exceed Fair Market Rents occupied by households earning no more than 80% of Area Median Income,adjusted for family size(must determine duration)? (5) Will the project fill vacant store fronts? (6) Will the project involve environmental remediation? (7) Is the project a historic preservation project(in accordance with the Secretary of Interior's standards)? (8) Will the project be assisting/contracting/renting to MWBEs? (9) Will the project provide free (reduced cost) community space in the project (for example to a 501c3 non-profit)? (10) Will the project produce large-scale alternative energy,local energy or combined heat/power that results in a significant reduction in greenhouse gas emission? (11) Will the project result in high tech job creation? (12) Does the project contain the redevelopment of a Brownfield site? (13) Will this project provide any other community wide benefits? 7 An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325, Entitled "Zoning, " to Establish the Planned Unit Development Zoning District (PUD) ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED "ZONING" IN ORDER TO CREATE A FLOATING PLANNED UNIT DEVELOPMENT ZONING DISTRICT. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, of the Municipal Code of the City of Ithaca be amended as follows : Section 1. Chapter 325 ("Zoning"), Article IV is hereby amended to change the title from "Cluster Subdivision Development"to "Cluster Sub-division, Floating Zones, and Planned Unit Development Zones" and to be re-numbered to read as follows: Article IV. Cluster Subdivision Development, Floating Zones, and Planned Unit Development Zones §325-11. Cluster Subdivisions A. Purpose and intent. This article authorizes the Planning and Development Board, during the process of subdivision plat approval pursuant to Chapter 290, Subdivision of Land, of the Code, to make reasonable changes in the existing zoning regulations for the property affected so as to enable the development of a cluster subdivision. This authorization permits deviations in the district regulations applicable to the affected property, subject to the limitations contained in this section. Cluster subdivisions may be approved in order to promote the following purposes: (L) The preservation and enhancement of open spaces, watercourses, wetlands and areas designated as critical environmental areas. (2.) The development of active and passive recreation areas. (3.) The development of residential dwelling units in forms which are consistent with the public welfare and which provide reasonable safeguards to the appropriate use of adjoining land. (4.) Efficient and cost-effective development of roads, sidewalks, utilities, water- and sewer lines and other forms of public and private infrastructure. (5.) The development of housing that is more affordable than that normally developed under conventional zoning regulations. Page 1 6/11/2014 B. Authorization and Minimum Requirements. The Planning and Development Board is authorized, upon petition by an applicant for subdivision approval, to approve a cluster subdivision that includes reasonable deviations from the existing regulations of that zoning district in which the subdivision is located in accordance with the following limitations: (L) Cluster subdivisions may only be permitted in the R-la, R-lb, R-2a, R-2b, R-3a and R-3b Zoning Districts. (2.) Cluster subdivisions shall contain only those primary uses and accessory uses which are permitted in the zoning district in which the cluster subdivision is proposed, except as permitted by Subsection 325-11B. (3). (3.) The following types of deviations from the zoning regulations of the district in which the cluster subdivision is proposed are permitted: a. Building type for residential uses, provided that, in the R-la and R-lb Districts, only one-family detached dwellings are permitted as primary uses, and in the R-2a and R-2b Districts, no more than two dwelling units may be attached to form a single building, provided that each dwelling unit shall have a separate ground-level entrance. b. Lot area. C. Lot width at street line. d. Maximum percentage of land coverage by buildings on any individual lot within the cluster subdivision, provided that the total percentage of land coverage by all buildings in the cluster subdivision shall not exceed the following percentages for the zoning district in which the cluster subdivision is located: Maximum Land Coverage District (percent) R-1 a 20 R-lb 25 R-2a 30 R-2b 35 R-3a 35 R-3b 40 Page 2 6/11/2014 C. Front, side and rear yard dimensions, provided that all buildings in a cluster subdivision shall have a front yard of at least 25 feet in the R-la, R-lb, and R-2a Zones and 10 feet in the R-2b, R-3a and R-3b Zones, and further provided that all buildings in a cluster subdivision shall be at least the following number of feet from the boundary of a cluster subdivision where it abuts land, other than a public right-of-way, that is not part of the cluster subdivision: [1] In the R-1 Districts: 40 feet. [2] In the R-2 and R-3 Districts: 20 feet. (4.) The maximum number of dwelling units permitted in a cluster subdivision shall not exceed the number of dwelling units that would be permitted on the site in a conventional subdivision under the conventional zoning regulations for the zoning district in which the cluster subdivision is proposed, subject to all applicable development regulations applying to the property in question plus any other restriction which the Planning and Development Board has the authority to impose pursuant to Chapter 290, Subdivision of Land, of the Code. (5.) Any reduction in the lot area for buildings in a cluster subdivision beyond the minimum allowed in the zoning district in which the subdivision is located shall require the reservation of an equivalent amount of land as open space, passive recreation area or active recreation area. Wetlands, floodplains, steep slopes or other areas not normally appropriate for building construction shall not account for more than 50% of the land area reserved. (6.) All open space or recreation areas reserved in accordance with Subsection 325- 1113. (5) shall be dedicated as common land for the benefit of the members of the subdivision. The development, operation and maintenance of this property shall be in accordance with the approved site development plan and in a manner that is consistent with the public welfare C. Approval; information to be submitted. (L) The Planning and Development Board may consider a developer's request for approval of a cluster subdivision or may require that a developer prepare and submit plans for a cluster subdivision that contain no greater number of dwelling units than that proposed by the developer. The Board shall adopt rules and regulations setting forth the criteria pursuant to which such an application may be required. The approval of a cluster subdivision shall follow the rules and procedures contained in Chapter 290, Subdivision of Land, of the City of Ithaca Code. (2.) Developers submitting a cluster subdivision plan shall submit two subdivision plans, one showing the land developed under the conventional zoning regulations and the other showing development under the cluster option. In addition to the requirements of Chapter 290, Subdivision of Land, of the Code, the developer shall submit the following information on or with the cluster subdivision plan: Page 3 6/11/2014 a. An area plan showing the proposed cluster subdivision and all existing land use and major natural features of the land within 500 feet of the project site. b. A site development plan showing the location, size, use and physical features of all proposed buildings and accessory uses, the location and design of vehicular and pedestrian access and the location of proposed parking areas. C. A landscaping plan showing the type and location of all existing trees, vegetation and natural features on the site; the identification of all existing vegetation to be preserved; the identification of all new vegetation to be added; and the location and type of fences,berms or buffer areas. d. A plan showing the boundaries of common areas to be reserved and the proposed use, development and maintenance of those spaces. e. Elevations of typical dwelling units to be constructed in the cluster subdivision. f. Environmental review of the project at a level deemed appropriate by the Planning and Development Board. g. Any other information that the Planning and Development Board may reasonably require. (3.) The approval of a cluster subdivision shall constitute the approval of a site development plan for the affected area. No development shall occur on the site that is not in strict conformance with the elements of the approved site development plan, nor shall the plan be modified without the approval of the Planning and Development Board. (4.) A cluster subdivision shall not be approved unless the Planning and Development Board makes the following affirmative findings and states, in writing, the facts that support those findings: a. That the development is found to be compatible in terms of appearance, character and overall density with both the existing and potential development in the surrounding area. b. That the development will not place an unreasonable burden on the public roads or utilities that will service the project. C. That the development will promote the preservation of open space and natural resources within the neighborhood to a greater degree than would conventional development d. That the development is consistent with the public welfare and that the appropriate use of adjoining land is reasonably safeguarded. Page 4 6/11/2014 e. That the development will not have an undue adverse impact on the critical area listed in § 176-5(B)(1)(a) of the Code. f. That the development complies with the approved Street Plan and Master Plan, if any, for the area. Section 2 Chapter 325 . ("Zoning") , Section §325-12, is hereby amended to replace all existing text with the following new language regarding Planned Unit Developments : Section §325-12 Planned Unit Developments (PUD) A. Declaration of Legislative Authority. This Planned Unit Development (PUD) Ordinance is being enacted pursuant to the authority established in the New York State General City Law § 81-£ B. Purpose and Intent. This legislation is intended to establish procedures and requirements for the establishment and mapping of PUDs, as floating overlay zones, which may be placed in any industrially zoned area within the City boundaries, wherever authorized by the Common Council. The PUD is a tool intended to be used to encourage mixed-use or unique single use projects that require more creative and imaginative design of land development than is possible under standard zoning district regulations. A PUD allows for flexibility in planning and design, while through the process of review and discussion, ensures efficient investment in public improvements, a more suitable environment, and protection of community interest. A PUD should be used only when long-term community benefits will be achieved through high quality development, including, but not limited to, reduced traffic demands, greater quality and quantity of public and/or private open space, community recreational amenities, needed housing types and/or mix, innovative designs; and for the protection and/or preservation of natural resources. Sub-section 325-12 is intended to relate to both residential and nonresidential development, as well as mixed forms of development. There may be uses, now or in the future, which are not expressly permitted by the other terms of this chapter but which uses would not contravene the long range Comprehensive Plan objectives if they adhere to certain predetermined performance and design conditions. The PUD is intended to be used to enable these developments to occur even though they may not be specifically authorized by the City Zoning District Regulations. The PUD is intended to be used in the areas within the City that are zoned industrial. Residential uses are not permitted by existing zoning in industrial zones. However, these areas are large tracts of land that have the potential for large scale redevelopment and should a proposed project offer community wide benefits, the Common Council may establish a PUD in order to permit uses not explicitly allowed by the underlying zoning. # Page 5 6/11/2014 Areas may be zoned as a PUD by the Common Council. The enactment and establishment of such a zone shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such zone. C. Establishment and location. The intent of a PUD is to create self-contained, architecturally consistent, and compatible buildings, many times with diverse but related uses. The creation of a PUD must entail sufficient review to assure the uses within the zone will have negligible or no adverse effects upon properties surrounding the zone. This tool is expressly intended for use in industrial zones, where residential uses are not permitted. In reaching its decision on whether to rezone to a PUD, the Common Council shall consider the general criteria set forth in this chapter, the most current Comprehensive Plan for the City, and this statement of purpose. No PUD shall be finally established pursuant to subparagraph G(13) of this section unless, prior to such legislative enactment, all land within the proposed PUD is zoned Industrial. D. Permitted principal and accessory uses. In a PUD, buildings and land may be used for any lawful purpose permitted in the zone where it is located, plus any other uses which the Common Council may authorize. All development restrictions, including, but not limited to, yard size, height restriction, building coverage, and lot size, shall be as set forth in the legislation rezoning the area to a PUD established by the Common Council. In addition, the Common Council may impose any conditions or limitations that are determined to be necessary or desirable to ensure that the development conforms with the City Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, requiring acoustical or visual screening, construction sequencing, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. E. Site Plan Approval. No structure shall be erected or placed within a PUD, no building permit shall be issued for a building or structure within a PUD, and no existing building, structure, or use in a PUD shall be changed, unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Chapter 276 of the City of Ithaca Code. F. Criteria. Common Council will consider an application for any PUD on the following criteria, among others: • Does the project further the health and welfare of the community; and • Is the project in accordance with the City Comprehensive Plan • Does the project create at least one long term community benefit Page 6 6/11/2014 G. Application Process. An applicant proposing a development that does not conform with the existing zoning requirements may apply for a PUD to be placed on their property, or on such other property as designated by the applicant and for which the applicant has submitted sufficient authorization executed by the owner(s) of said property in support of the application. The application process is as follows: [1.] Staff/Applicant Pre-Application Meeting. An applicant seeking alternate zoning for their property must first contact the Department of Planning, Building, and Development for a pre-application meeting. Staff will explain the requirements, the application process, the timeline, and the fees associated with a PUD request. [2.] Application Submission. Applicant must submit a completed PUD application along with the required fee. The Application must include a conceptual development plan, and an explanation of the request for alternate zoning. [3.] Planning Committee. The Planning Committee of the Common Council will consider the application for completion and review comments received at the public information session. The applicant will be expected to be present at this meeting. The Planning Committee may also request additional information from the applicant at this time. The Planning Committee will schedule a legal public hearing and authorize circulation of the proposal for review and comment from City Boards/Committees, the Tompkins County Planning Department, and any neighboring property owners. [4.] Circulation. City staff will circulate the proposed PUD materials for review and comment and will forward comments and concerns to the applicant and to the Common Council. [5.] Public Information Session. Within 30 days of receiving a completed application the City will hold a Public Information Session, at which the applicant will be responsible for presenting information about the project and answering questions from the public. The City will advertise the public information session with a press release to the local media. The applicant is responsible for posting the property at least 5 days prior to the Public Information Session, with the date, time, and location of the meeting. [6.] Committee Recommendation. Once the comments have been received the Planning Committee will consider the proposal along with the comments and will by resolution make a recommendation to the Common Council. The recommendation may include additional requirements or limitations to either mitigate undesirable impacts or to ensure that the development conforms with the goals of the City's Comprehensive Plan. [7.] Approval in Concept. The Common Council will consider the application and may pass a resolution granting approval in concept, Page 7 6/11/2014 subject to further site plan review approval and final Council approval via ordinance and instructing staff to take the project through the environmental review process. [8.] Notwithstanding any conflicting provisions of the City Code, an applicant whose application has received from the Common Council Approval in Concept shall be permitted, for the purpose of commencing site plan review, to proceed with a building permit application despite any zoning-based deficiencies in the application so long as all such deficiencies may be cured by final Council approval of the PUD. [9.] Site Plan Review Application—Applicant submits a site plan review application and begins the environmental review process [10.] Declaration of Intent to Act as Lead Agency—Planning Board declares its intent to be the lead agency for the environmental review of the project and the PUD and notifies all other involved agencies, including the Common Council. [11.] Common Council Involvement—As a part of the environmental review process for the project and the PUD, the Planning Board will update the Common Council after each Planning Board meeting where the project is considered and will request ongoing written comments from the Common Council. [12.] Environmental Review/Site Plan Review—The Planning Board will be the lead agency for the environmental review and site plan review of the project. The project will undergo the normal site plan review process [13.] Common Council Consideration of the PUD—When and if the project has received a negative declaration of environmental significance and site plan approval, it will return to the Common Council for final consideration of the adoption of the PUD. Final Council approval, if any, shall be granted via ordinance. H. Additional Requirements. In any rezoning to a PUD the Common Council may impose such conditions or limitations that the Council, in its legislative discretion, may determine to be necessary or desirable to ensure that the development conforms with the City Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. I. Expiration. A developer who receives PUD approval will have 24 months to begin construction of their project. If construction on the property has not been developed in accordance with the approved plan after 24 months, the PUD will automatically be revoked, unless otherwise stated by the Common Council, and the property will return to the previously approved zoning restrictions. In the case of extenuating Page 8 6/11/2014 circumstances the developer may apply to the Common Council for an extension of PUD approval. If the site plan changes significantly, said significance as determined by the Director of Planning and Development, it may require re-consideration by the Common Council. The Director of Planning and Development may determine that the changes are minor and do not require re-approval. Section 3 . Chapter 325 . ("Zoning") , Section §325-13, is hereby amended to delete all existing text, which has been relocated to §325-11 C. Approval; Information to be submitted. Section 4 . 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 5 . Effective date . This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Page 9 6/11/2014 J u n, 4. 2014 2 . 23PM No. 0247 P. 1 Tompkins County DEPARTMENT OPPLANNING .1y s yet p... Edward C.Marx,AICP Telephone(607) 274-5560 Conimpissioner of Plannilig27 -5 June 4, 2014 Jeal afer Kusznir, Economic,DevelopmentPlanner Department of PlanningnDevelopment City of Ithaca 108 East green Street Ithaca,NY 14850 Re: Review Pursuant to §239-1 and-in of the New York State General Municipal Law etio►n: Proposal to Create PlannedDistrict Dear Ms. usznir: This letter acknowledges your referral ral of the proposal identified above for review and co t by the Tompkins County Planning Department pursuant to §239-1 and-m of thee ork State General Municipal Law. The Department has reviewed the proposal, as submi'acd, and has determined that it has no negative inter- community, or cot' ty`wi &impacts. Please infonn us of your decisionso that we can make it a part eft e record, Sincerely, ale Edward C. Marx, AICP Commissioner of Planning i THE NOISE CONSULTANCY, LLC jk 309 VAN NESTE ROAD T HER 0ISECONSULTANCY FLEMINGTON,NEW JERSEY 08822 WORKING DRAFT - April 17, 2014 Chapter 240. NOISE [HISTORY: Adopted by the Common Council of the City of Ithaca 9-5-1990 by Ord. No. 90-12 (Ch. 68 of the 1975 Municipal Code); amended in its entirety 4-7-2004 by Ord. No. 2004-4. Subsequent amendments noted where applicable.] GENERAL REFERENCES Assemblies and parades—See Ch. 132. Building construction—See Ch. 146. Dogs and other animals—See Ch. 164. Peddling and soliciting—See Ch. 232, Art. V. Peace and good order—See Ch. 250. Article I. General Provisions Comment[EMZI]:General note-the numbering § 240-1. Title. of provisions and references thereto will have to be reconciled throughout the ordinance,at the end of This chapter shall be known and may be cited as the "City of Ithaca Noise this process. Ordinance." § 240-2. Purpose. The purpose of this chapter is to preserve the public health, peace, welfare and good order by suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use and which are detrimental to the environment. It is also the purpose of this chapter to allow all residents of the City to coexist harmoniously in a manner which is mutually respectful of the interests, rights and obligations of all persons. 1 i § 240-3. Definitions. [Amended 9-1-2004 by Ord. No. 2004-14] Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: AFFECTED PERSON Any person who has registered a noise complaint with the City of Ithaca that he or she is the receptor of noise on a protected property category, and said affected person has an interest in the protected property as an owner, tenant or employee. CIRCULATION DEVICE( comment[EMz2]:This definition and the provision regulating this source are verbatim from Any device which circulates a gas or fluid, including but not limited to any New York City's Noise Code. air conditioner, pump, cooling tower, fan or blower. DAYTIME HOURS The hours between 7:30 a.m. and 10:00 p.m., local time, on any day. EMERGENCY WORK Work made necessary to restore property to a safe condition following a public calamity or work necessary to protect persons or property from an imminent exposure to danger. IMPULSIVE SOUND A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay. MOTOR VEHICLES Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and any other vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. NIGHTTIME HOURS The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the following day. PERSON Includes the singular and plural and also any individual; any property owner and/or lessee; any firm; a corporation; a political subdivision; a government agency, including any agency of the City of Ithaca; an 2 i association or an organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof; or any legal entity whatsoever. PLAINLY AUDIBLE Any sound that can be detected using unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound production amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. It is not necessary to determine the title, specific words, or the artist performing the song. SOUND-AMPLIFYING EQUIPMEN Any rnaGhiRe er deViGe fer the a nlifiGa+ion of the human „o;se iRStFUMeRtal other er any rJ As used this Gh ter "sA, d lift' � t" F�l-iSfF. 'iern'n-ra�z �-n--criT -rt'upc 'nuna--a'mm nprr'rY"�g- t- other warning devices on any vehicle used only for traffic safety purposes a u+her'zed fore horns 0 other authorized emergenGy alarms.SOUND PRODUCTION DEVICE Any device whose primary function is the production of sound, including, but not limited to any, musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment. This includes the unamplified human voice when exceeding conversational voice levels. This shall not apply to spontaneous utterances such as laughter, exclamations of warning, or sporting events. This shall also not apply to emergency warning devices, sirens, alarms or other devices being used solely for public safety purposes. SOUND SOURCE Any person or thing from which sound is created. UNREASONABLE NOISE A level of oo Un.d that ng r.d'otu Thing to he heard Any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivities, injures or endangers the health or safety of a reasonable person of normal sensitivities, or which causes damage to property or business, especial) Comment[EMZ3]:Based upon New YorkCity's 9 Y Y Noise Code(Local Law 113 of 2005) 3 i but not limited to noise made with intent to cause public inconvenience annoyance or alarm or recklessly create a risk thereof. Comment[EMZ4]:People v.Bakolas § 240-4. Unreasonable noise prohibited. [Amended 8-4-2004 by Ord. No. 2004-12] A. No person shall intentionally cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or businessFactors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following: (1)Whether the noise serves any legitimate purpose such as a warning 2 Whether the noise is intentionally causing or may recklessly cause inconvenience, annoyance or alarm The intensity and nature of the noise. (2)Whether the nature of the noise is usual or unusual. (3)Whether the origin of the noise is associated with nature or human-made activity. ( )The intensity of the background noise, if any. ( 5)The proximity of the noise to sleeping facilities. ( 6)The nature and the zoning district of the area within which the noise emanates and of the area within 500 feet of the source of the sound. ( 7)The time of the day or night the noise occurs. ( 8)The time duration of the noise. (9)Whether the sound source is temporary. (10)Whether the noise is continuous or impulsive. (11)The volume of the noise. 1 4 i ( 12)The existence of complaints,either currently or Previously, concerning the noise from affected persons.persons living or working in different places or premises who are affected by the noise. C. This section shall not be interpreted to prevent the issuance of permits pursuant to §240-14 that will authorize particular sound sources. "Person" defined. For the purposes of enforcing this section: (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person"shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. Article II. Special Noise Sources § 240-5. Purpose of article. The provisions of this Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this article shall not be interpreted to prevent the issuance of permits pursuant to § 240- 44-17 that will authorize particular sound sources. § 240-6. Radios, television sets and similar sound amplifyingSound production devices. Unless specifically regulated elsewhere in this ordinance,fit shall be unlawful for any person anywhere in the City to use or to operate any , mUoi^ol ino+rL Imon+ phORE).raph teleVioiGR set aRy other mo^hiRe Gr deViGe fnr equipmentsound production device in a le d anReying er effensiye manners- that 5 i rr be Fs of the p bliG e eGl(lessly G !ants a risk thereef which creates unreasonable noise within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13] B. Sound production devices on the Ithaca Common comment[EMzs]:This is derived from Section §157-8,which should amended to be consistent with Except by special permit no person shall operate or cause to be operated on the this provision,or delete sections in§157-8 now addressed here. public spaces of the Ithaca Commons any sound production device, including the unamplified human voice, in such a manner as to create unreasonable noise on the Ithaca Commons or within any building of any affected person. Prima facie evidence of a violation of this section includes: Exceedinq 75 dBA when measured at a distance of 15 feet or more from the source or; Plainly audible at a distance of 100 feet or more or; Plainly audible within the commercial or residential structure of an affected person, with windows and doors closed. Except by special permit no person shall operate or cause to be operated a sound production device from on or inside any building on the Ithaca Commons, the sound from which is directed outside towards the pedestrian mall. The provisions of Subsections B 1 and B 2 above shall not apply to emergency warning devices, sirens, alarms or other devices being used solely for public safety purposes. Amplified sound may be used between 11:00 a.m. and 2:00 .m., and between 5:00 p.m. and 10:00 p.m., Monday through Friday, and between 10:00 a.m. and 10:00 p.m., Saturday and Sunday, lupon approval of a noise permit. Sound levels comment[EMz6d seei,ncu>ngtho above pe that all sound production devices,including those that are amplified,so long as they do not exceed the should be kept low and subject to immediate volume reduction when requested permissible limits. Thus,there can be no prior restraint challenge.This Section(4)can be by any City official, staff member of the I+h oGo fl.,w.,+.,w., Dor+r,orohi.,Downtown removed.If such a challenge is deemed unlikely,this can be left. Ithaca Alliance, or member of the Commons Advisory Board. C. "Person" defined. For the purposes of this section: [Added 8-4-2004 by Ord. No. 2004-12] (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person"shall include the person or persons who obtained permission to utilize that property for that event. 6 1 (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. 240-7. Commercial establishments serving alcohol or food or presenting live or recorded musical performances A. Notwithstanding any other provisions of this ordinance commercial establishments such as bars, restaurants, cabarets, or performance venues shall conform to the following standards: There shall be no sound production device on the exterior of the establishment or inside the establishment at a distance of less than ten feet to an open door or window towards which it is oriented, without a permit. There shall be no outdoor gaming devices. An investigation of a noise disturbance will only ensue after a complaint is lodged by an affected person. The Noise Control Investigator shall!determine Comment[EMZ7]:This can be changed to"may' to remove the absolute requirement. whether there is probable cause to proceed with a noise investigation from a vantage point in close proximity to or within the property line of the affected person. Comment[EMZ8]:This provision requires a complainant.Further,the investigator must Sound production devices in commercial establishments shall not exceed the of affected person prior to conducting at the property of the affected person prior to conducting a compliance analysis.There is latitude provided to permissible sound level limits set forth in Table 1, below: the investigator to usetheir;udgment. A standard of audibility could be applied here,if desired.As Table 1 below establishes limits at the door of the establishment,it would be possible for a facility to be found in violation when the music is inaudible at the residence.This provision would preclude that possibility. 7 i Table 1 Sound Level Limits for Commercial Establishment Sound Production Devices Facility Time of Sound Level Limit Location Day dB A Inside Residence of Property Line of Affected Affected Person Person Ithaca Commons, Day* 50 Central 65 Business 40 within Zone District Night** Plainly Audible in Any Other Zone Comment[EMZ9]:Strict night time standard for 55 residential receptors outside the CBD,for music coming from inside the CBD.Requires an Any Other Day 60 45 investigator to enter the residence for compliance Zone Night Plainly Audible determination. rJ0 CoVBD [EMZ10]:More restrictive standards appmmercial music establishments outside "For the purposes of this provision daytime includes the hours of 7:30 AM to 10:00 PM on the weekdays,and 12:00 PM to 9:00 PM on weekends and federal holidays "For the purposes of this provision nighttime includes the hours of 10:00 P.M.to 7:30 AM on weekday nights,and 12:00 AM to 9:00 AM on weekends and federal holidays 5 Nothinq in this provision shall apply to the aggregate unam lified human voices of patrons of an establishment. Individual patrons are subject to the provision at 240-9 Comment[EMZ11]:Bar and restaurant patrons in aggregate are not covered,but individual patrons per/-Y' can still be charged. § 240-8 . Parties and other social events. Comment[EMZ12]:Left as-is,as requested. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13] 1 8 i B. For the purposes of this section, a "person in charge of a party or other social event': [Amended 9-1-2004 by Ord. No. 2004-13] (1)That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2)That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. C. For any violation of this section where beer is being served from a keg on the premises, the person to whom the keg is registered shall be presumed to be responsible for the violation, in addition to any person designated in Subsection A or B above. 240-9. Unamplified human voice. .No person shall make continue or cause to be made or continued any Comment[EMZ13]:This is a new provision addressing shouting in the streets.It can also be applied to anywhere in Ithaca if the bracketed words unreasonable noise by use of the unamplified human voice. The unamplified in the second sentence are removed.This is a clearly defined,content-neutral,and objective standard that human voice engaged at conversational voice shall be exempt from this provision does not prohibit reasonable communication. if such sound is not plainly audible beyond 100 feet or does not infringe on the legitimate rights of others. Raised vocal effort, such as shouting, yelling or screaming, with intent to cause public inconvenience, annoyance or alarm or recklessly causing a risk thereof or that serves no legitimate purpose, when audible at distances greater than 100 feet, is prima facie evidence of a violation of this provision. This shall not apply to spontaneous utterances such as laughter, exclamations of warning, or sporting events. It shall be unlawful for anV person to advertisepromote or sell anVthinq by outcry within any area of the City zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events. 240-10. Motor Vehicles 9 i A No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of-way. B INo motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Comment[EMZ14]:This addresses straight-pipe Regulations Under 40 CFR Part 205. motorcycles and does not require a sound level C No person shall operate anV motor vehicle with an engine brakingmeter.The police officer need only look for the EPA device stamp on the muffler.Hearing an unusually loud motorcycle is probable cause to curb the vehicle to engaged which does not have a muffler in good working order.) determine compliance with this provision. D Personal or commercial vehicular music amplification or reproduction equipment Comment[EMZ15]:Engine braking("Jake -- Brake")can be prohibited within city limits shall not be operated in such a manner that it is plainly audible at distance of 25 (excepting emergencies),and signs posted at all entrances to the city.Ithaca,however,has some feet in any direction from the operator between the hours of 10:00 p.m. and 7:30 steep grades and thus,this is probably inadvisable.I � defer to the traffic engineers.This provision would a.m. allow a police officer to investigate for a damaged or straight-pipe muffler. E Personal or commercial vehicular music amplification or reproduction e ui ment Comment[EMZ16]:D and E address loud car stereos.They can disturb many hundreds of people. shall not be operated in such a manner that is plainly audible at a distance of 50 These provisions also allow for probable cause to stop the vehicle for further investigation beyond feet in any direction from the operator between the hours of 7:30 a.m. and 10:00 noise. p.m. § 24011. Machinery. It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined in § 240-4 of this chapter. In making such determination with respect to the matters governed by this section, additional factors to be considered shall include: .LII�The necessity of the work being done. El—LaThe ability of the creator of the noise to minimize or reduce the amount of noise created or to otherwise minimize its adverse effects. 10 i § 240-12. Circulation Devices. No person shall operate or permit to be operated a circulation device in such a manner as to create a sound level in excess of 42 dB(A)when measured inside a receiving property dwelling unit. The measurement shall be taken with the window or terrace door open at a point three feet from the open portion of the window or terrace door. On and after the effective date of this section when a new circulation device is installed on any building lot or an existing device on any building lot is replaced, the cumulative sound from all circulation devices on such building lot owned or controlled by the owner or person in control of the new device being installed or the existing device being replaced shall not exceed 45 dB(A), when measured as specified in subdivision A of this section. For a period of two years after the effective date of this section, this subdivision shall not apply to the replacement of a circulation device that was installed on anv building lot prior to the effective date of this section by a device of comparable capacity. Except as otherwise provided in subdivision B of this section with respect to circulation devices installed on any building lot prior to the effective date of this section, the sound level limit of 42 dB(A) referred to in subdivision A of this section shall apply to each individual device except that if the cumulative sound from all devices owned or controlled by the same person on a building lot exceeds 50 dB(A), when measured as specified in subdivision A of this section, a designated official of the City of Ithaca may order the owner or person in control of such devices to achieve a 5 dB(A) reduction in such cumulative sound level within not more than 12 months after the issuance of such order.) Comment[EMZ17]:This provision addresses preexisting non-conforming facilities,and provides some limited"grandfathering',while requiring some sound reduction.The amount and timeline of § 240-130. Construction during nighttime hours. required reduction should be discussed.In addition we may consider the possibly of a provision for further variance,upon demonstration of A. Except for the purposes specified in Subsection B hereunder, during nighttime substantial good faith efforts and significant hours it shall be unlawful for any person within a residential zone or within 500 technical and financial hardship. feet of a residential zone to operate construction equipment(including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist)or perform any outside construction or repair work so as to create noise. Any designated official of the City of Ithaca shall give a verbal warning that the violation exists and of the penalties that may result if the violation continues. 11 i B. This section shall not be deemed to prohibit: (1)Work of an emergency nature. (2)Work of a domestic nature on buildings, structures or projects being undertaken by a person(s) residing in such premises; provided that, if any domestic power tool, including but not limited to mechanically powered saws, sanders, grinders and lawn and garden tools used outdoors, is operated during the nighttime hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at 25 feet or more from the source of the sound. Comment[EMZ18]:Is this section necessary? § 240-1447. Applicability of section. Section 240-10 [now 240-131 shall be applied in addition to §240-4. Comment[EMZ19]:Is this section necessary? § 240-152. Continuing(noise. It shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise or sound which shall exceed the permitted noise levels specified in this chapter. Any designated official of the City of Ithaca may issue a verbal warning that the violation exists and of the penalties that may ensue. I§ 240 13 Horns and alarms This Ghapter shall Re+apply+e fire horns a other alarms a therized her the Ciro Ile or+.,, .,+OF D.,I'.�e Ile or+m r,+ or,.J ., o+e.+ iaGG er.J with that eu+he o+'., / Comment[EMZ20]:The exemption for Horns L and Alarms is now addressed in the definition of Sound Production Device. Article III. Other Provisions § 240-164. Permit procedures for certain activities. [Amended 9-1-2004 by Ord. No. 2004-14; 5-4-2005 by Ord. No. 2005-06] Except as provided for in § 157-8 of the City Code regarding the Ithaca Commons: A. Where a sound source is planned, installed or intended to be installed or modified by any person in a manner that such source will create or is likely to 1 12 i create unreasonable noise or otherwise fail to comply with the provisions of this chapter, such person must secure a permit pursuant to Subsection D of this section. Where any person uses or plans to use any sound_ amplifying equipment production device in such a way that such equipment is or will be heard outside of any building or vehicle between 10:00 p.m. of any day and 7:30 a.m. of the next day, such person must secure a permit pursuant to Subsection D of this sectlon.l Comment[EMZ21]:This provision states that the threshold for requiring a permit is audibility outside of a building or car.Is that jurisdictional C. Where any person uses or plans to use a public-address system that will make will?If that is the case,most facilities or residences with any sound amplification device will require a sound outside of a building, such person must secure a permit pursuant to permit ifthe device is operated after 10:00 PM.Is Subsection D of this section. this currently being applied? D. Applications shall be submitted at least 72 hours in advance of an event. The application for the permit shall provide the following information: (1)The reasons for such usage, including a demonstration why it is desirable or necessary that the sound source involved be authorized by a permit pursuant to this section. (2) Plans and specifications of the use. (3) Noise-abatement and -control methods to be used with respect to the sound source involved. (4)The period of time during which the permit shall apply. (5)The name of the person(s)who is responsible for ensuring that the activity complies with any permit issued for it pursuant to this section. (6) If required by the party issuing the permit, proof that notification of the application for the permit has been given to each person reasonably expected to be affected by the noise, the content of such notification and the manner in which such notification has been given, if the event is not a community-wide or public event. The notification shall state that any person objecting to the granting of such permit may contact the appropriate city department to which the application is being made to express his/her opposition to the granting of the permit. E. The application shall be made to the Superintendent of Public Works, or his/her designee, in connection with construction work on public rights-of-way or in parks; to the Director of Planning and Development, or his/her designee, for all other construction projects; and to the Mayor, or his/her designee, for any other 13 i events. The issuance of permits shall be discretionary, and a permit shall be issued only where the responsible official determines that such permit is reasonable and necessary and will allow an activity that is consistent with the general purposes of this chapter, as stated in §240-2. When determining if a permit should be issued, factors the official shall consider shall include but are not limited to the volume of the noise, the proximity of the noise to sleeping facilities, the time of the day or night the noise occurs, the time duration of the noise, and the impact of the noise on persons living or working in different places or premises who are affected by the noise. Any permit granted shall state that the permit only applies to this chapter, and that§ 240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct, provides that"a person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof: . . . he makes unreasonable noise." [Amended 6-5-2013 by Ord. No. 2013-15 Editor's Note: This ordinance provided for an effective date of 1-1-2014. ] F. In order to further the purposes of this chapter and to facilitate its implementation and enforcement, the Superintendent of Public Works, the Director of Planning and Development and the Mayor, or their designees, shall have authority to impose such conditions as they determine are reasonable and necessary on permits they issue pursuant to this section. Such conditions may govern factors which include but are not limited to the time and location the involved sound source may be utilized. [Amended 6-5-2013 by Ord. No. 2013-15 Editor's Note: This ordinance provided for an effective date of 1-1-2014. ] G. The Superintendent of Public Works, the Director of Planning and Development and the Mayor or their designees shall provide the Chief of Police with a copy of any permit issued pursuant to this section. [Amended 6-5-2013 by Ord. No. 2013-15 Editor's Note: This ordinance provided for an effective date of 1-1-2014. ] ARIANCE PROVISION 14 i We may want to consider whether to include a variance provision which would allow for longer-term relief from the noise ordinance for pre-existing facilities that may require significant modification to come into compliance. This is as opposed to event-based permits. We can specify conditions for granting such a variance, with limits, and milestones. Conditions for revocation could be specified for non- performance or bad faith.] § 240-175. Penalties for offenses; presumptions. A. Any person who shall violate any provision of this chapter shall be punishable by a fine not to exceed $500 or imprisonment of not more than 15 days, or not more than 100 hours of community service or any combination of such fine and imprisonment and not less than $100 or 25 hours of community service; provided, however, that a person who shall violate any provision of this chapter after having been convicted of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $750 or by imprisonment of not more than 15 days, or not more than 125 hours of community service or, any combination of such fine and imprisonment and not less than $200 or 40 hours of community service; and further provided that any person who shall violate any provision of this chapter after having been convicted two or more times of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $1,000 or by imprisonment of not more than 15 days, or not more than 125 hours of community service, or any combination of such fine and imprisonment, and not less than $300 or 50 hours of community service. For any penalties of community service, the court may accept community service from people other than the defendant whom the court deems appropriate, such as other residents of the premises or others who choose to accept responsibility for the violation. In assessment of the above penalties, aggravating factors shall include but not be limited to the presence of the following factors: (1)A common source of alcohol such as a keg; (2)A live band or disc jockey or other live entertainment; (3)Amplified sound emanating from speakers placed or directed outside of the building; 15 1 (4)A charge to gain entrance into the premises or to consume alcohol; (5)A violation of§250.8 (public urination)of this Code on the premises; (6)The offense takes place after midnight on weekdays and 1:00 a.m. on weekends and before the following 6:00 a.m.; (7) More than 25 guests on the premises, "guests" being defined for the purposes of this section as any people who do not reside at the premises; (8)Any underage person or persons possessing or consuming alcohol on the premises, each underage person constituting a separate aggravating circumstance; (9) More than one complaint made to the police about the noise, each complaint after the first being a separate aggravating circumstance. B. For purposes of this chapter, for any offense that takes place on private property, if the person or persons directly responsible for the activity that violates any provision of this chapter cannot be determined, then all residents of the property on which the activity takes place shall be presumed to be responsible for the violation. 16