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HomeMy WebLinkAbout03-05-14 Common Council Meeting Agenda OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, March 5, 2014, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing on a Proposed Extension of a Sales Contract by the Ithaca Urban Renewal Agency to Cayuga Green II LLC, the City's preferred developer 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: Department of Public Information and TechnologV: 8.1 Viva Taqueria & Cantina Alcohol Permit Request - Resolution 8.2 Sahara Restaurant Alcohol Permit Request - Resolution 8.3 Mahogany Grill Alcohol Permit Request - Resolution City Administration Committee: 8.4 City Clerk/Fire Department — Authorization to Accept and Adoption of the Multi-Jurisdictional All-Hazard Mitigation Plan Update — Resolution 8.5 City Attorney's Office - Approval of Extension of Exemption from Real Property Taxes and Provision for In-Lieu Payments, with Regard to City of Ithaca Tax Parcel Numbers 104.-1-2 Pursuant to Section 52 of the Public Housing Law of the State of New York - Resolution 8.6 Human Resources/Finance Department — Transfer of Function and Budget for Parking Enforcement to the Department of Public Works — Resolution 8.7 Finance Department/Controller's Office/Ithaca Police Department — Request to Amend 2013 Ithaca Police Department Budget — Resolution Common Council Meeting Agenda March 5, 2014 Page 2 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend The City of Ithaca Municipal Code, Chapter 325, Entitled "Zoning" To Establish the Collegetown Area Form Districts and Rezone Portions of the R-1 b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 Districts to Collegetown Residential (CR) and Mixed Use (MU) A. Declaration of Lead Agency for Environmental Review - Resolution B. Determination of Environmental Significance - Resolution C. Adoption of Ordinance 10. CITY ADMINISTRATION COMMITTEE: 10.1 City Attorney's Office — A Local Law entitled "2014 Sidewalk Improvement District Amendments Concerning Certain Vacant Lots" 10.2 Ithaca Urban Renewal Agency (IURA) - Cayuga Green Project - Endorsement of Requested Twenty-Eight Day Extension to Sales Contract for Parcel "D" of Cayuga Green II, LLC — Resolution 10.3 City Controller's Report 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 12.1 Appointment of Marriage Officer— Resolution 13. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14. MAYOR'S APPOINTMENTS: 14.1 Reappointment to Bicycle Pedestrian Advisory Council — Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the February 19, 2014 Regular Common Council Meeting Minutes — Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. Julie Conley Holcomb, CIVIC Dated: February 27, 2014 City Clerk 8. CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Viva Taqueria & Cantina Alcohol Permit Request - Resolution WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Viva Taqueria & Cantina Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of$1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2014, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria & Cantina Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of$1,000,000 and the approval of an outdoor dining permit. 8.2 Sahara Restaurant Alcohol Permit Request - Resolution WHEREAS, the Sahara Restaurant has requested permission to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Sahara Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2014, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Sahara Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 8.3 Mahogany Grill Alcohol Permit Request - Resolution WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Mahogany Grill Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of$1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2014, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 8. CONSENT ITEMS CONTINUED: City Administration Committee: 8.4 City Clerk/Fire Department — Authorization to Accept and Adoption of the Multi-Jurisdictional All-Hazard Mitigation Plan (HMP) Update — Resolution WHEREAS, the Tompkins County Planning Department, with the assistance from Barton & Loguidice, P.C., has gathered information and prepared the Multi-Jurisdictional All-Hazard Mitigation Plan Update for Tompkins County, New York, and WHEREAS, the Multi-Jurisdictional All-Hazard Mitigation Plan Update (HMP) for Tompkins County, New York has been prepared in accordance with the Disaster Mitigation Act of 2000 and Title 44 Code of Federal Regulations (CFR), Part 201, and WHEREAS, Title 44 CFR, Chapter 1, Part 201.6(c)(5) requires each local government participating in the preparation of a Multi-Jurisdictional Mitigation Plan (HMP) or Plan Update to accept and adopt such plan, and WHEREAS, the City of Ithaca, has reviewed the 2013 Hazard Mitigation Plan (HMP) Update, has found the document to be acceptable, and as a local unit of government, has afforded its citizens an opportunity to comment and provide input regarding the Hazard Mitigation Plan Update and the actions included in the Hazard Mitigation Plan, and WHEREAS, the City of Ithaca, will consider the Tompkins County HMP Update during the implementation and updating of local planning mechanisms, and will incorporate the hazard assessment data, hazard vulnerabilities, and mitigation actions in these mechanisms, where applicable; now, therefore, be it RESOLVED, That the City of Ithaca, as a participating jurisdiction, adopts the Multi- Jurisdictional All-Hazard Mitigation Plan Update for Tompkins County, New York, dated December 2013. *The 230 page plan can be found at: http://www.tompkinscountyny.gov/files/planning/community%20planning/documents/To mpkins%20CountV%20HMP%20Final%20Draft%2001-16-14.pdf 8.5 City Attorney's Office - Approval of Extension of Exemption from Real Property Taxes and Provision for In-Lieu Payments (PILOT), with Regard to City of Ithaca Tax Parcel Numbers 104.-1-2 Pursuant to Section 52 of the Public Housing Law of the State of New York - Resolution WHEREAS, the Ithaca Housing Authority (hereinafter referred to as the "IHA") is a municipal housing authority created and established by virtue of §429 of the Public Housing Law and is the current owner of the lands and premises in the City of Ithaca, County of Tompkins, State of New York known as Titus Towers (T.P # 104.-1-2) (hereinafter referred to as the "Property"), which property is used for the provision of affordable rental housing to qualified persons or families of low income; and WHEREAS, pursuant to §52(3) of the Public Housing Law of the State of New York, the IHA, as a municipal housing authority has been entitled to and has enjoyed an exemption from real property taxes subject to certain required payments in lieu of such taxes; and WHEREAS, pursuant to §52(5) of the Public Housing Law of the State of New York the tax exemptions from real property taxes shall not operate for a period of more than fifty (50) years, commencing in each instance from the date on which the benefits of such exemption first became available and effective; and WHEREAS, pursuant to §52(6) of the Public Housing Law of the State of New York the IHA, as a municipal housing authority that received the tax exemption specified above may upon the expiration of the tax exemption period be granted an additional tax exemption period of up to fifty (50) years; and WHEREAS, the first tax exemption period on Titus Towers (T.P # 104.-1-2) is believed to have been granted for a forty (40) year period on or about March 1, 1974; and WHEREAS, as a result of the expiration of the exemption for Titus Towers (T.P # 104.- 1-2) and pursuant to §52(5) of the Public Housing Law of the State of New York the IHA now seeks an extension of the effective date for an extension of the tax exemption period for an additional forty (40) year period to commence March 1, 2014, for the following property: Titus Towers (T.P # 104.-1-2); and WHEREAS, that pursuant to §52 of the Public Housing Law of the State of New York and since the inception of the initial tax abatement period, the IHA has annually remitted to the City of Ithaca Payments in Lieu of Taxes (hereinafter referred to as "PILOT") pursuant to a PILOT Agreement between the IHA and the City of Ithaca; and WHEREAS, the City of Ithaca has determined that the continued provision of affordable rental housing to qualified persons or families of low income by the IHA is beneficial to and in the long term best interests of the public, now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca pursuant to§52(5) of the Public Housing Law of the State of New York hereby grants to the following property, Titus Towers (T.P # 104.-1-2) a tax exemption from real property taxes levied by the City of Ithaca and other local taxing authorities for an additional forty (40) years period upon the condition that commencing on said new effective date the IHA make annual payments in lieu of taxes to the City of Ithaca and shall continue to make such annual payments for the duration of the exemption period; and be it further RESOLVED, That the effective date for the foregoing tax exemption period shall be retroactive to March 1, 2014, and the expiration date shall be March 1, 2054; and be it further RESOLVED, That the Mayor upon the advice of the City Attorney and the City Controller and on behalf of the City of Ithaca is hereby authorized and requested to execute and deliver to any pertinent party an agreement between the City of Ithaca and the IHA setting forth as necessary the details of the payments in lieu of taxes, and to take any and all action necessary and/or required to effectuate or verify such payments or tax exemption. 8.6 Human Resources/Finance Department — Transfer of Function and Budget for Parking Enforcement to the Department of Public Works — Resolution WHEREAS, the City of Ithaca hired a Director of Parking in 2013 and created the Parking Division to provide better management and oversight of the City's parking program, and WHEREAS, the consolidation of parking enforcement activities into the Parking Division will further advance these goals, and WHEREAS, the civilian parking enforcement staff are currently employed by the Ithaca Police Department, and WHEREAS, it is the intention and desire of Common Council to transfer the civilian parking enforcement function, budget and staff to the Parking Division of the Department of Public Works; now, therefore be it RESOLVED, That effective March 1, 2014, all parking enforcement functions currently performed by civilian employees at the Ithaca Police Department and all civilian employees engaged in performing those functions and activities shall be transferred from the Ithaca Police Department to the Department of Public Works pursuant to Section 70.2 of New York State Civil Service Law, and be it further RESOLVED, That the following budget transfer be made as part of said function transfer for parking with any further accounting transfers needed to be made, as necessary, by the City Controller: Account Transfer From: Account Transfer To: A3120-5110 $270,984 A5656-5110 A3120-5125 200 A5656-5125 A3120-5415 2,000 A5656-5415 A3120-5420 6,200 A5656-5420 A3120-5425 100 A5656-5425 A3120-5477 9,000 A5656-5477 $288,484 8.7 Finance Department/Controller's Office/Ithaca Police Department (IPD) — Reguest to Amend 2013 Ithaca Police Department Budget — Resolution WHEREAS, the Ithaca Police Department (IPD) has received funds through the recycling of brass shell casings recovered from the IPD shooting range, and WHEREAS, the (IPD) is desirous of utilizing some of these funds ($6,000) to purchase a small structure for the shooting range; now, therefore, be it RESOLVED, That Common Council hereby transfer an amount not to exceed $6,000.00 from the Brass Account (A690-22), and amends the 2013 (IPD) Budget as follows: Increase revenue account: A 3120-2770-5017 Miscellaneous Revenue $6,000 Increase appropriations account: A 3120-5480-5017 Building Maintenance Supplies $6,000 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend The City of Ithaca Municipal Code, Chapter 325, Entitled "Zoning" To Establish the Collegetown Area Form Districts and Rezone Portions of the R-1 b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 Districts to Collegetown Residential (CR) and Mixed Use (MU) A. Declaration of Lead Agency for Environmental Review - Resolution 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 a "Type I" 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 adoption of an ordinance to amend the Municipal Zoning Code to establish the Collegetown Area Form Districts and to rezone portions of the R-1 b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 districts to Collegetown Residential (CR) and Mixed Use (MU). B. Determination of Environmental Significance — Resolution WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to (1) establish the Collegetown Area Form Districts and (2) rezone portions of the R-1 b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 districts to Collegetown Residential (CR) and Mixed Use (MU), and WHEREAS, appropriate environmental review has been conducted including the preparation of a Full Environmental Assessment Form (FEAF), dated January 8, 2014, and WHEREAS, these zoning amendments have been reviewed by the Tompkins County Planning Department Pursuant to §239-1—m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and have also been reviewed by the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is a "Type I" Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth in the Full Environmental Assessment Form, dated January 8, 2014, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. C. Adoption of Ordinance WHEREAS, the "2009 Collegetown Urban Plan & Conceptual Design Guidelines" was endorsed by the Common Council on August 5, 2009, and the adoption of a form-based code has been considered to be a critical implementation measure, and WHEREAS, based upon the advise of a consultant, the City has decided to pursue a hybrid code rather than a true form-based code because (1) the hybrid code includes regulations of density and use that are not included in true form-based codes and density continues to be a critical issue in the Collegetown area, and (2) this type of zoning is new to the City and the hybrid code would ease the transition from traditional zoning, and WHEREAS, a working group consisting of Common Council members, a Planning Board member, and City staff has revised a previous zoning proposal for Collegetown to create a clarified proposal that reflects the goals of the "2009 Collegetown Urban Plan & Conceptual Design Guidelines;" now, therefore, ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Declaration of Legislative Findings and Purpose The "2009 Collegetown Urban Plan & Conceptual Design Guidelines" identifies several goals for future development in Collegetown. These goals include: • To encourage exceptional urban design and high-quality construction; • To regulate elements of building form to ensure a consistent transition between districts; • To concentrate development in the central areas of Collegetown and protect the character of the established residential neighborhoods; • To preserve and enhance green space that is a vital ecological, recreational, and aesthetic component of the urban environment; and • To promote attractive, walkable neighborhoods that prioritize accommodation of alternate modes of transportation The "2009 Collegetown Urban Plan & Conceptual Design Guidelines" recommends the adoption of a form-based code to regulate elements of building form that are not addressed under traditional zoning. The Collegetown Area Form Districts is a hybrid code that combines regulations of physical form with regulations of use and density. The Common Council finds that the establishment of the Collegetown Area Form Districts will advance the City's goals for future development in Collegetown as specified in the "2009 Collegetown Urban Plan & Conceptual Design Guidelines." Section 2. Chapter 325, Sections 325-4 and 325-5 of the Municipal Code of the City of Ithaca are hereby amended to establish and add the Collegetown Area Form Districts which include the following zoning districts: Collegetown Residential 1 (CR-1), Collegetown Residential 2 (CR-2), Collegetown Residential (CR-3), Collegetown Residential (CR-4), Mixed Use 1 (MU-1), and Mixed Use 2 (MU-2). Section 3. Chapter 325 of the Municipal Code of the City of Ithaca is hereby amended to add a new Article to be inserted as Article IX, entitled "Collegetown Zoning," and all subsequent articles and sections shall be hereby renumbered accordingly. "§325-45 Collegetown Area Form Districts," dated January 6, 2014, shall be inserted in its entirety into said Article IX as §325-45. Section 4. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-1 b, and R-3a to CR-1 for the following tax parcels: 64.-6-1; 64.- E-2.2; 64.-6-3; 64.-7-1; 64.-7-2; 64.-7-3; 64.-7-4; 64.-7-5; 64.-7-6; 65.-2-1; 65.-2-2; 65.-2- 3; 65.-2-4; 65.-2-5; 67.-2-8; 67.-2-9; 67.-2-10; 67.-2-11; 67.-3-18; 67.-3-19; 67.-3-20; 67.-3-21; 67.-3-22; 83.-6-2; and 84.-1-1. The boundaries of this amendment are shown on the map entitled "Collegetown Area Form Districts - January 2014," a copy of which shall be on file in the City Clerk's office. Section 5. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-2a, R-2b, and R-3a to CR-2 for the following tax parcels: 64.-1- 1; 64.-1-2; 64.-1-4; 64.-3-1; 64.-3-2; 64.-3-3; 64.-3-4; 64.-3-5; 64.-3-6; 64.-3-7; 64.-3-8; 64.-4-1; 64.4-2; 64.-4-3; 64.-4-4; 64.-4-5; 64.-5-1; 64.-5-2; 64.-5-3; 64.-5-4; 64.-8-7; 64.- 8-8; 64.-8-9; 64.-8-10; 65.-1-1; 65.-1-2; 65.-1-3; 65.-1-4; 65.-1-5; 68.-6-12; 68.-6-13; 68.- E-14; 68.-6-15; 68.-7-2; 68.-7-3; 68.-7-4; 68.-7-5; 68.-7-6; 68.-7-7; 68.-7-8; 68.-8-6; 68.- 8-9; 83.-3-2; 83.-3-3; 83.-3-4; 83.-3-5; 83.-3-6.1; 83.-3-6.2; 83.-3-7; 83.-3-8; 83.-3-9; 83.- 4-1; 83.4-3; 83.4-4; 83.4-5; 83.4-6; 83.-6-1; and 83.-6-3. The boundaries of this amendment are shown on the map entitled "Collegetown Area Form Districts - January 2014," a copy of which shall be on file in the City Clerk's office. Section 6. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-2a, R-2b, R-3a, and R-3b to CR-3 for the following tax parcels: 64.-2-7; 64.-2-8; 64.-2-9; 64.-2-11; 64.-2-13; 64.-8-1; 64.-8-2; 64.-8-3; 64.-8-4; 64.-8-5; 64.-8-6; 64.-8-11; 64.-9-3; 64.-9-4; 64.-9-5; 64.-9-7; 64.-9-8; 64.-9-9; 67.-2-3; 67.-2-4; 67.-2-5; 67.-3-2; 67.-3-3; 67.-3-23; 67.-3-24; 67.-3-25; 67.-3-26; 68.-5-14; 68.-5-15; 68.- 5-16; 68.-5-17; 68.-5-18; 68.-5-19; 68.-6-1; 68.-6-16; 68.-6-17; 68.-6-18; and 68.-6-19. The boundaries of this amendment are shown on the map entitled "Collegetown Area Form Districts - January 2014," a copy of which shall be on file in the City Clerk's office. Section 7. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-1 b, R-3a, and R-3b to CR-4 for the following tax parcels: 64.-2- 2; 64.-2-4; 64.-2-5; 64.-2-6; 64.-2-14; 64.-2-15; 64.-2-17; 64.-2-18; 64.-2-19; 64.-2-20; 64.-2-22; 64.-9-1; 64.-9-2; 64.-9-6; 64.-9-10; 64.-10-7; 64.-10-8; 64.-10-9; 64.-10-10; 64.-10-11; 64.-10-13; 67.-1-4; 67.-1-5; 67.-1-6; 67.-1-7; 67.-1-8; 67.-2-1; 67.-2-2; 67.-2- 12; 67.-2-13; 67.-2-14; 67.-2-15; 67.-2-16; 67.-2-17; 67.-2-18; 67.-3-1; 67.-3-29; 67.-3- 30; 67.-3-31; 68.4-3; 68.-4-9; 68.-4-10; 68.-4-11; 68.4-12; 68.-4-13; 68.-4-14; 68.-4-15; 68.-5-2; 68.-5-3; 68.-5-4; 68.-5-5; 68.-5-6; 68.-5-7; 68.-5-8; 68.-5-9; 68.-6-2; 68.-6-3; 68.- E-4; 68.-6-5; 68.-6-6; 68.-6-7; 68.-6-8; 68.-6-9; 68.-6-10; 68.-6-11; 83.4-2; and portions of 64.-10-15; 67.-1-1; and 67.-1-3. The boundaries of this amendment are shown on the map entitled "Collegetown Area Form Districts - January 2014," a copy of which shall be on file in the City Clerk's office. Section 8. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-3b to MU-1 for the following tax parcels: 67.-1-9; 67.-1-10; 67.-1- 11; 67.-1-12; 68.-5-10; 68.-5-11; 68.-5-12; 68.-5-13; and a portion of 67.-1-3. The boundaries of this amendment are shown on the map entitled "Collegetown Area Form Districts - January 2014," a copy of which shall be on file in the City Clerk's office. Section 9. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-3a, R-3b, U-1 and B-2b to MU-2 for the following tax parcels: 63.-5-2; 63.-5-3; 63.-5-5; 63.-5-7; 63.-5-8; 63.-5-9; 63.-6-1; 63.-6-2; 63.-6-3; 63.-6-4; 63.- E-5; 63.-6-8; 63.-6-14; 63.-6-17; 63.-6-19; 63.-6-20; 63.-6-21; 63.-6-23; 63.-6-24; 63.-6- 25; 63.-6-26; 64.-2-1; 64.-2-23; 64.-2-24; 64.-2-26; 64.-2-27; 64.-2-28; 64.-2-29; 64.-2- 30; 64.-2-31; 64.-2-32; 64.-10-1; 64.-10-2; 64.-10-3; 64.-10-4; 64.-10-5; 64.-10-6; 64.- 10-17.2; 64.-10-18; 64.-10-19; 64.-10-20; 64.-10-21; 68.4-6; 68.4-7; 68.4-8; and portions of 64.-10-15; and 67.-1-1. The boundaries of this amendment are shown on the map entitled "Collegetown Area Form Districts - January 2014," a copy of which shall be on file in the City Clerk's office. Section 10. All applicable sections within the Municipal Code of the City of Ithaca shall be updated in accordance with the amendments made herewith. Section 11. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 12. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 rtir;° DEPARTMENT OF PLANNING AND DEVELOPMENT Ne JOANN CORNISH, DIRECTOR OF PLANNING&DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 �'PQRAI�O Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: Common Council FROM: Megan Wilson, Planner DATE: February 24, 2014 RE: Collegetown Area Form Districts—Non-Substantive Revisions At the February 12`h Planning & Economic Development Committee meeting, the Committee requested that non-substantive revisions recommended by staff be incorporated into the Collegetown Area Form Districts document that the Common Council will consider on March 5, 2014. The following revisions were made to the code document: • Added a header with the district's name to the top of each page of district regulations. • Revised the wording of subsection 5 of the Intent section to read "Promote attractive, walkable neighborhoods that prioritize accommodation of alternate modes of transportation other than single-occupancy automobiles. (pg. 1) • Revised the wording of the definition of "blank wall" to clarify that the standard is a maximum (pg. 3). • Specified "row house" as an allowed primary use for the CR-3, CR-4, MU-1, and MU-2 districts in the Use Table (pgs. 27-30). • Added "public park or playground" and "bank or monetary institution" to the list of active uses permitted when a street-level active use is required in the MU-2 district (pg. 31). This revised version of the Collegetown Area Form Districts is included in the agenda packet and is also available on the City's website. If you have any questions or comments, please contact me at mwilson ecityofithaca.org or 274-6560. } BUFFALO 6 1f. .--. 1 ■ � LU COOKST 00 §325-45 COLLEGETOWN AREA FORM DISTRICTS January 1 DRAFT 1 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 HOY -- I � i r- D w E BUFFALO ST N RD o O MAPLE AVE r RV CR 1 CR C7 -1 CR 1 a E SENECA ST j __ . ---- -- -- ARD PL _ a P} a a C N w COOK ST OXFORD J Lu m �C,�� PL O N � 3 3 W 0 ITCHELL S - U 00 00 g. Legend 0 CR-t ®CR-2 -CR-3 CR-4 0 MU-1 0 MU-2 No Change Proposed Hstorfc Designaton East Hill HmbDric 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. January 6,2014 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 January 6,2014 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 i Blank Blank Wall 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. January 6,2014 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. YI �I al �I WI I I I I I I I I I 14-----�� Min33% N------0I 6� min (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. Y ) .ten I �I I I 1 I I I I _ I 7 I N ► 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 January 6,2014 DRAFT (c) Glazing is measured between 2 and 12 feet above the abutting sidewalk. J] M EIM L e 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. January 6,2014 Collegetown Area Form Districts DRAFT C. Collegetown Area Form Districts R LA _ NOVV\S�ER OR - HOy R I M 2 w > A E BUFFALO ST N RD o J O 3 w O ¢ w PLEAVE 1 a 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 o w ri m Q w w Z I CHEL w U EC � F 00 00 O Legend CR-1 ®CR-2 CR-3 CRA 0 MU-1 0 MU-2 No Change ®Proposed Histaric Designation 0 East Hill Historic District Collegetown Area Form Districts January 6,2014 DRAFT D. Maximum Height (in stories) Map — 3 3 LU 6 � 4 3 �•. E BUFFALO ST I LJLLL3� i6 MAPEN RD z ESENECAST, M/; ARVARD pL W N 4 4 v 0 4 m D W M �QY COOK STPm =0 qLF FRO XFOR�PL WO N ORCHARD PL GP A, � J qr • g J W 1 �\ CO 3 z MITCHELL ST O Sp ITCHELL Sr (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. District Max. Feet Min. Feet Stories Stories CR-1 3* 2 35' 19' CR-2 3* 2 35' 19, CR-3 3* 2 35' 19' CR-4 4 2 45' 19, 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. January 6,2014 Collegetown Area Form Districts DRAFT THIS PAGE LEFT INTENTIONALLY BLANK Collegetown Area Form Districts January 6,2014 DRAFT E. Collegetown Residential (CR-1, CR-2, CR-3) PURPOSE &INTENT - p0\l OAKAVE The Collegetown Residential 1-3 (CR-1,CR-2, w CR-3) districts contain predominantly residential structures occupied as single-family homes,as duplexes,or as multiple residences often rented by a ORYDEN RD M� 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 1ARDPL 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 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. January 6,2014 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 1 space : 0 Garage setback from front facade,min 20' b.4 and 5 bed or sleeping rooms 2 spaces © Parking setback at front c.Each add'l bed or sleeping room 1 space facade 2. Home occupation 1 space 3. Other uses See§325- 20D(3)(b) m Collegetown Area Form Districts January 6,2014 DRAFT (1) Collegetown Residential 1 (CR-1) 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§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 January 6,2014 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 1 space Garage setback from front facade,min 20' b.4 and 5 bed or sleeping rooms 2 spaces © Parking setback at front c. Each add'l bed or sleeping room 1 space facade 2. Home occupation 1 space 3. Other uses See g325- 20D(3)(b) ® Collegetown Area Form Districts January 6,2014 DRAFT (2) Collegetown Residential 2 (CR-2) HEIGHT ACTIVATION / oo / oo i 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 45.2B(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 Pitch of principal gable,min/max 6:12/12:12 January 6,2014 Collegetown Area Form Districts DRAFT (3) Collegetown Residential 3 (CR-3) LOT CRITERIA SITING O 0 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 1 space b.4 and 5 bed or sleeping rooms 2 spaces 0 Garage setback from front facade,min 20' Q Parking setback at front c. Each add'l bed or sleeping room 1 space facade 2.Home occupation 1 space 3. Other uses See 4325- 20D(3)(b) m Collegetown Area Form Districts January 6,2014 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 January 6,2014 Collegetown Area Form Districts DRAFT THIS PAGE LEFT INTENTIONALLY BLANK Collegetown Area Form Districts January 6,2014 DRAFT E Collegetown Residential 4 (CR-4) ■ti ■1�■ ' ■ Xgo = Ell L� PURPOSE&INTENT OPSGPD\LLAPL _,� OAK AVE The Collegetown Residential 4 district primarily W$LUA.S ST contains multi-family dwelling units,and while single-family and two-family residential uses EBUFFALOST o are permitted,it is expected that multi-family DRVDEN residential will remain the predominant use.The A=- E SENECA ST ' intent is this will be a medium-densityresidential - (yj� � Z ARVARD PL`� district,consistent with the vision outlined in the toATHERiNEST -. Collegetown Urban Plan&Conceptual w `A� 2009 Colle g P Y Design Guidelines to concentrate additional de- CDOKST velopment in the central areas of Collegetown. FROSHA ALLEY U BGo -o%FOQOP` This district serves as an essential bridge,both in �~ 6LC PL'_ density and built form,between the Collegetown U Residential 1-3 and Mixed Use districts. Rede- velopment is encouraged,but it is essential that /_ _T 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 )$} ' N � � � f . Residential Districts 1-3 but not as high as al- 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. January 6,2014 Collegetown Area Form Districts m DRAFT (1) Collegetown Residential 4 (CR-4) LOT CRITERIA SITING LOT SIZE PRINCIPAL BUILDING Area,min Front setback,min 10, 1. One-family or two-family dwelling 3,000 sf Q 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' 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 Q 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- PARKING LOCATION ment plan is accepted by the Planning and Develop- ment Board during site plan review O Garage setback from front facade,min 20' All other structures: Q Parking setback at front LResidence facade Internal or underground parking must be wrapped a.Up to 3 bed or sleeping rooms 1 space b.4 and 5 bed or sleeping rooms 2 spaces by residential on street-facing facades (except for entries/exits) and may not be visible from a public c.Each add'1 bed or sleeping room 1 space street. 2. Home occupation 1 space 3. Other uses See§325- 20D(3)(b) Collegetown Area Form Districts January 6,2014 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 January 6,2014 Collegetown Area Form Districts DRAFT THIS PAGE LEFT INTENTIONALLY BLANK m Collegetown Area Form Districts January 6,2014 DRAFT G. Mixed Use (MU-1, MU-2) 'I ri m o, F PURPOSE &INTENT i The Mixed Use districts accommodate retail, ¢ _4 �SGAD�� OAK AVE office,service,hotel,and residential uses,and in a most cases,multiple uses will be combined within MO the same building.The purpose is to create a dy- namic urban environment in which uses reinforce M� DRVDEN RD each other and promote an attractive,walkable neighborhood. ESENECAST, WARD 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 xF of designated local landmarks),and the intent is ARDP GP to concentrate the majority of additional develop- Fs Tql-` m ment within these districts. '= MITCHEL The Mixed Use district regulations have been RSr EL` designed to encourage exceptional urban design f-* Viewpoint of intent illustration above and high-quality construction.The Mixed Use 1 district permits buildings of up to 5 stories and An objective of both Mixed Use districts is to create an urban form 70 feet in height while the Mixed Use 2 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. January 6,2014 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 January 6,2014 DRAFT (1) Mixed Use 1 (MU-1) HEIGHT ACTIVATION o / i 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. 0 Upper-story(floor to floor),min 10, RECESSED ENTRY Recessed entry required for each functional entry ROOF © Pitched or flat roof Allowed January 6,2014 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 m Collegetown Area Form Districts January 6,2014 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 January 6,2014 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 - MO-2 � MU-2 O z � - - w IIII ❑ m A D IZi m -.---1 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 January 6,2014 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 January 6,2014 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 9. Neighborhood parking area subject to regulations of 12. Cemetery and related buildings §325-20(B) 13. Hospital or sanatorium 14. Inn 15. Neighborhood commercial facility(see §325-3) 16. Public utility structure except office 17. 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 group adult day care facilities. CR-4 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§325-9C{i}). 11. Bed and breakfast home 9. Neighborhood parking area subject to regulations of 12. Cemetery and related buildings §325-20(B) 13. Hospital or sanatorium 14. Inn 15. Neighborhood commercial facility(see §325-3) 16. Public utility structure except office 17. Schools (all) and related buildings Collegetown Area Form Districts January 6,2014 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 January 6,2014 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 m Collegetown Area Form Districts January 6,2014 DRAFT B. Street-Level Active Uses Required (1) Within the MU-2 district,active uses are required on the 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. January 6,2014 Collegetown Area Form Districts DRAFT r1 i■ _ �. Legend ,■ ■ I. . �I �� _ _ III i■ ■ No Change �� ♦ �� J III ■ Ill �i Historic District Designation . .;� ��11111� 11 ♦ .� �� �,1��1 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: ft,provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large,;then Part 3 is used to evaluate whether,or not the impact is actually important. ''` THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS Identify the Portions of FEAF completed for this action: OPart I FX Part 2 -��X Part,-3 Upon review of the information recorded on this FEAF(Parts,2,and 3,if appropriate), and,any other supporting information,and considering both the magnitude and importance of each impact,it is reasonab)y dpJermmed by the Lead Agency that: ❑A. The Proposed Action will not result in any large and important impact(s)dii, is one that will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION'WILL BE PREPARED. F�B. Although the proposed action could have a significant impact on the environment,there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required;therefore,A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. FC. The proposed action may result in one or more large andimportant impacts that may have a significant impact on the environment;therefore,A POSITIVE DECLARATION WILL BE PREPARED. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action: Establishment of the.Collegetown Area Form Districts and Rezoning of Portions of the R-lb, R-2a, R-2b, R-3a, R-3b, U-1, and B-2b Districts to Collegetown Residential (CR) and Mixed Use (MU) Name of Lead Agency: City of Ithaca Common Council Name and Title of Responsible Officer in Lead Agency: Mayor Svante Myrick Signature of Responsible Officer n Lead Agency: Signature of Preparer `� r� "� % Date: January 8, 2014 E°; FULL ENVIRONMENTAL ASSESSMENT FORM PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. F of Action: Establishment of the Collegetown Area Form Districtsend Rezoning of Portions of the R-lb, -2b, R-3a, R-3b, U-1, and B-2b Districts to Collegetown Residential (CR) and Mixed Use (MU) Location of Action: Collegetown area, City of Ithaca (see *ect description) Name of A licant/S onsor: City of Ithaca Address: 108 East Green Street City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: (607) 274-6550 ML Name of Owner(If Different): Address: WF City/Town/Village: State: IP: usiness Phone: Description of Action: 1. Establishment of the Collegetown Area Form Districts: Collegetown Residential (CR-1, CR-2, CR-3, and CR-4) and Mixed Use (MU-1, MU-2) zoning districts. 2. Rezoning of portions of the R-lb and R-3a zoning districts to CR-1; rezoning of portions of the R-2a, R- 2b, and R-3a zoning districts to CR-2; rezoning of portions of the R-lb, R-2a, R-2b, R-3a, and R-3b zoning districts to CR-3; rezoning of portions of the R-lb, R-3a, and R-3b zoning districts to CR-4; rezoning of portions of the R-3b zoning district to MU-1; and rezoning of portions of the R-3b, U-1 and B-2b zoning districts to MU-2. \0 Page 2 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc 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: 0 Urban E3 Industrial 0 Commercial W Public © Forest Agricultural [3 Other: 2. Total area of project area: — 40 Acres square feet (Chosen unitsaqfftofoflowing section also) ge Approximate Area (Units in question 2 apply to this section) � °=sas„�,ntly After Completion a8 �.°asa,a asasasr,x a. Meadow or Brushland (non-agricultural) "glggMEL 0 b. Forested 'i' €�,a, 0 0 c. Agricultural 0 0 FFFFFFFF d. Wetland [as per Articles 24 of Environmental Conservation Law(ECL)] 0 0°000 e. Water Surface Area �,�; �,, 0 0 f. Public Dryden Park 0.51 0.5 g. Water Surface Area 1 0 h. Unvegetated (rock, earth or fill) 0 i. Roads, buildings and other paved surfaces (including yards) 39.5 1 39.5 J. Other(indicate type) � 0 3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): Hudson-Dunkirk; Howard- Palmyra; Cazenovia-Ovid 3b. Soil Drainage: N/A L Well Drained % of Site L Moderately Well Drained % of Site L Poorly Drained_ % of Site 4a. Are there bedrock outcroppings on project site? ,, Yes L]No X /A 4b. What is depth of bedrock? N/A (feet) 4c. What is depth to the water table?—N/A—(feet) 5. Approximate percentage of proposed project site 0-10% 45 % L 10-15% 40 % with slopes: E15% or greater 15 % 6a. Is project substantially contiguous to, or does it contain a building, site or district, listed on or alyes LNo LN/A Contiguous to East Hill eligible for the National or State Register of Historic District Historic Places? 6b. Or designated a local landmark or in a local X]Yes []No []N/A Grandview House (209 landmark district? College Ave.); John Snaith House (140 College Ave.); contiguous to East Hill Historic District 7. Do hunting or fishing opportunities presently exist in the project area? es X�To L[N/A If yes, identify each species: Page 3 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc SITE DESCRIPTION (Concluded) 8. Does project site contain any species of plant or es X]No []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 �o L N/A project site? (i.e., cliffs, other geological Describe: The project site is located within 100 feet formations) of the Cascadilla Gorge. 10. Is the project site presently used by the , community or neighborhood as an open space or I es �n: �N/A recreation area? Dyes, explain: Dryden Park 11. Does the present site offer or include scenic views X Yes L]No L]N/A known to be important to the community? Describe: long view over valley; views of distant hills, Cascadilla Gorge 12. Is project within or contiguous to a site ��- designated a Unique Natural Area(UNA) or il I es []No L]N/A critical environmental area by a local or state Describe: The project is contiguous to UNA-136 agency? Cascadilla Gorge. There will be no physical change 1%Ito the UNA as a result of this action. z 13. Streams within or contiguous to project area: Names of stream or name of river to which it is a tributary: The project is contiguous to the 4a. adilla Gorge. 14. Lakes,ponds, wetland areas within or contiguous a. Name: to project area: N/A � Size (in acres): 15. Has the site been used for land disposal of solid ]Yes XLio LN/A or hazardous wastes? escribe: 16. Is the site served by existing public utilities? a. If Yes, does sufficient capacity exist to allow X es []No O1V/A connection? X Yes []No ON/A b. If Yes, will improvements be necessary to Yes []No ON/A To Be Determined allow connection? Page 4 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) la. Total contiguous area owned by project sponsor in acres: 40 or square feet: lb. Project acreage developed: 40 Acres initially 40 Acres ultimately all developed; no change lc. Project acreage to remain undeveloped: N/A ld. Length of project in miles: (if appropriate) N/A or feet: Ile. If project is an expansion, indicate percent of change proposed: N/A IL Number of off-street parking spaces existing: N/A proposed: N/A 1g. Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A 1h. Height of tallest proposed structure: No new structures are proposed. The proposed zoning would allow for construction of structures of up to a maximum of 6 stories and 80 feet in some areas. lj. 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: u. 3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres: N/A type of vegetation: 4. Will any mature trees or other locally important vegetation be removed by this project? No 5. Are there any plans for re-vegetation to replace that removed during construction? N/A 6. If single phase project, anticipated period of construction N/A months, (including demolition) 7. If multi-phased project, anticipated period of construction N/A months, (including demolition) 7a. Total number of phases anticipated: N/A 7b. Anticipated date of commencement for first phase N/A_month year, (including demolition) 7c. Approximate completion date of final phase N/A. .jnonth_N/A year. 17d. Is phase one financially dependent on subsequent phases? ®Yes [3No X� /A 8. Will blasting occur during construction? _Yes —No E /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?oyes ao ❑❑1\/A; if yes, explain: 12a. Is surface or subsurface liquid waste disposal involved? Yes E o[3N/A; if yes, explain: 12b. If#12a is yes, indicate type of waste (sewage, industrial, etc): 12c. If surface disposal, where specifically will effluent be discharged? r Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased by proposal?oyes �o M/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 �o M/A Page 5 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply) 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 Of the ECL?DYes IMNo ON/A, 14d. If#14a,b or c is yes, explain: Part of the area proposed for re-zoning under this action is located directly south of Cascadilla Creek. The action will not result in any physical change to Cascadilla Gorge or Cascadilla Creek. Subsequent development proposals will be subject to their own separate environmental review that will be no less protective of the environment. F15 . Does project involve disposal or solid waste?DYes M o _N/A; 115b. If#15a is yes, will an existing solid waste disposal facility sed? Yes No �N/A; 15c. If#15b is yes, give name of disposal facility: $'` and its location: 15d. Will there be any wastes that will not go into a sewagJFisposal system or into a sanitary landfill? Oyes Mo X� /A; if yes, explain: 15e. Will any solid waste be disposed of on site? Dyes MAW/A; if yes, explain: 16. Will project use herbicides or pesticides? Yes X No [N/A; if yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district`? LX Yes _ No ON/A; if yes, explain: The area proposed for re-zoning includes two designated local landmarks,the Grandview House (209 College Ave.) and the John Snaith House (140 College Ave.). The proposed zoning will not be incompatible with these landmarks. Any new construction and exterior alterations on the same tax parcel as an individually designated local landmark are subject to review and approval by the Ithaca Landmarks Preservation Commission for compliance with Sections 228-5 (B) and (C) of the Municipal Code. 18. Will project produce odors? _Yes X No M/A; if yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? �❑Yes _No a/A; After construction?Dyes ❑No �/A 20. Will project result in an increase of energy use?DYes L�o ON/A; if yes,indicate type(s) 1. Total anticipated water usage per day: gals/day. N/A Source of water Page 6 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? m es ❑❑No ❑❑b/A; if yes, indicate the decision required: MIZoning Amendment ❑❑Zoning Variance ❑New/revision of master plan OSubdivision ®Site Plan Special Use Permit ©Resource Manageme Plan F nother: .a4AAA9 What is the current zoning classification of site? R-lb; R-2a; R-2b; R ^' -3b; U-1; B-2b 3. If the site is developed as permitted by the present zoning, what is f e maximum potential development? • Currently, the area proposed to be re-zoned includes approximately 5.4 acres that are zoned R-lb. R-lb allows for 25% lot coverage and 3 stories of building height. For these areas, the maximum potential build out calculation is approximately 177,000 square feet of space. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • Currently, the area proposed to be re-zoned includes approximately 4.7 acres that are zoned R-2a. R-2a allows for 30% lot coverage and 3 stories of building height. For these areas, the maximum potential build out calculation is approximately 184,000 square feet of space. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • Currently, the area proposed to be re-zoned includes approximately 4.5 acres that are zoned R-2b. R-2b allows for 35% lot coverage and 3 stories of building height. For these areas, the maximum potential build out calculation is approximately 205,000 square feet of space. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • Currently, the area proposed to be re-zoned includes approximately 9.4 acres that are zoned R-3a. R-3a allows for 35% lot coverage and 4 stories of building height. For these areas, the maximum potential build out calculation is approximately 574,000 square feet of space. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • Currently, the area proposed to be re-zoned includes approximately 7.4 acres that are zoned R-3b. R-3b allows for 40% lot coverage and 4 stories of building height. For these areas, the maximum potential build out calculation is approximately 515,000 square feet of space. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • Currently, the area proposed to be re-zoned includes approximately 0.1 acres that are zoned U-1. U-1 allows for U-1 lot coverage and up to 175' in building height, except that within 200' of residential districts, the maximum building height is limited to 15' more than the maximum building height of the adjacent residential district. In this particular case, the area zoned U-1 is adjacent to an R-3b district and maximum building height is limited to 55'. The maximum potential build out calculation is approximately 25,000 square feet of space. This assumes a maximum of 5 stories. • Currently, the area proposed to be re-zoned includes approximately 8.7 acres that are zoned B-2b. B-2b allows for 100% lot coverage and 6 stories of building height. For these areas, the maximum potential build out calculation is approximately 2.27 million square feet of space. This maximum build out calculation does not take into consideration requirements for a 10' rear yard setback or Page 7 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc required off-street parking. Square Footage of Acres of Maximum Maximum Maximum District to District to Allowable Allowable Maximum % Potential Zoning be be Height (in Height (in Lot Square District Rezoned Rezoned feet) stories) Coverage Footage R-1 b 235,870 5.4 35 3 25% 176,903 R-2a 203,978 4.7 35 3 30% 183,580 R-2b 195,576 4.5 35 3 35% 205,355 R-3a 410,040 9.4 40 4 35% 574,056 R-3b 322,094 7.4 40 4 40% 515,350 U-1 5,059 0.1 55 5 100% 25,295 B-2b 378,386 8.7 60 6 100% 2,270,316 Maximum Build Out Potential 3,950,855 4. Is proposed use consistent with present zoning?Dyes MNo FOIN/A The proposed action is a re- zoning. 5. If#4 is no, indicate desired zoning: • Rezoning from R-lb to CR-1 of the following parcels: 64.-6-1; 64.-6-2.2; 64.-6-3; 64.-7-2; 64.-7- 3; 64.-7-4; 64.-7-5; 64.-7-6; 65.-2-1; 65.-2-2; 65.-2-3; 65.-2-4; 65.-2-5; 67.-2-8; 67.-2-9; 67.-2-10; 67.-2-11; 67.-3-18; 67.-3-19; 67.-3-20; 67.-3-21; 67.-3-22; 83.-6-2; and 84.4-1. • Rezoning from R-3a to CR-1 of the following parcel: 64.-7-1. • Rezoning from R-2a to CR-2 of the following parcels: 64.-3-1; 64.-3-2; 64.-3-3; 64.-3-4; 64.-3-5; 64.-3-6; 64.-3-7; 64.-3-8; 64.-4-1; 64.4-2; 64.-4-3; 64.-4-4; 64.-4-5; 64.-5-1; 64.-5-2; 64.-5-3; 64.- 5-4; 64.-8-7; 64.-8-8; and 65.-1-1. • Rezoning from R-21b to CR-2 of the following parcels: 68.-6-12; 68.-6-13; 68.-6-14; 68.-6-15; 68.- 7-2; 68.-7-3; 68.-7-4; 68.-7-5; 68.-7-6; 68.-7-7; 68.-7-8; 68.-8-6; 68.-8-9; 83.-3-2; 83.-3-3; 83.-3-4; 83.-3-5; 83.-3-6.1; 83.-3-6.2; 83.-3-7; 83.-3-8; 83.-3-9; 83.-4-1; 83.-4-3; 83.-4-4; 83.-4-5; 83.-4-6; 83.-6-1; and 83.-6-3. • Rezoning from R-3a to CR-2 of the following parcels: 64.-1-1; 64.-1-2; 64.-1-4; 64.-8-9; 64.-8-10; 65.-1-2; 65.-1-3; 65.-1-4; and 65.-1-5. • Rezoning from R-1 b to CR-3 of the following parcel: a portion of 67.-2-5 • Rezoning from R-2a to CR-3 of the following parcels: 64.-2-9; 64.-2-11; 64.-2-13; 64.-8-6 and a portion of 64.-2-13. • Rezoning from R-2b to CR-3 of the following parcels: 67.-2-3; 67.-2-4; 67.-3-23; 67.-3-24; 67.-3- 25; 67.-3-26; and a portion of 67.-2-5. • Rezoning from R-3a to CR-3 of the following parcels: 64.-2-7; 64.-2-8; 64.-8-1; 64.-8-2; 64.-8-3; 64.-8-4; 64.-8-5; 64.-8-11; 64.-9-3; 64.-9-4; 64.-9-5; 67.-3-2; 67.-3-3; 68.-5-14; 68.-5-15; 68.-5-16; 68.-5-17; 68.-5-18; 68.-5-19; 68.-6-1; 68.-6-16; 68.-6-17; 68.-6-18; 68.-6-19; and a portion of 64.- 2-13. • Rezoning from R-3b to CR-3 of the following parcels: 64.-9-7; 64.-9-8; and 64.-9-9. • Rezoning from R-lb to CR-4 of the following parcels: 67.-2-1; 67.-2-2; 67.-2-12; 67.-2-13; 67.-2- 14; 67.-2-15; 67.-2-16; 67.-2-17; and 67.-2-18. • Rezoning from R-3a to CR-4 of the following parcels: 64.-2-2; 64.-2-4; 64.-2-5; 64.-2-6; 64.-2-14; 64.-2-15; 64.-2-17; 64.-2-18; 64.-2-19; 64.-2-20; and 64.-2-22. Page 8 j:Aprojects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc • Rezoning from R-3b to CR-4 of the following parcels: 64.-9-1; 64.-9-2; 64.-9-6; 64.-9-10; 64.-10- 7; 64.-10-8; 64.-10-9; 64.-10-10; 64.-10-11; 64.-10-13; 67.-1-4; 67.-1-5; 67.-1-6; 67.-1-7; 67.-1-8; 67.-3-1; 67.-3-29; 67.-3-30; 67.-3-31; 68.4-3; 68.4-9; 68.4-10; 68.4-11; 68.-4-12; 68.-4-13; 68.- 4-14; 68.4-15; 68.-5-2; 68.-5-3; 68.-5-4; 68.-5-5; 68.-5-6; 68.-5-7; 68.-5-8; 68.-5-9; 68.-6-2; 68.-6- 3; 68.-6-4; 68.-6-5; 68.-6-6; 68.-6-7; 68.-6-8; 68.-6-9; 68.-6-10; 68.-6-11; 83.4-2; and portions of 64.-10-15; 67.-1-1; and 67.-1-3. • Rezoning from B-2b to CR-4 of the following parcel: a portion of 68.-4-10. • Rezoning from R-3b to MU-1 of the following parcels: 67.-1-9; 67.-1-10; 67.-1-11; 67.-1-12; 68.- 5-10; 68.-5-11; 68.-5-12; 68.-5-13; and a portion of 67.-1-3. • Rezoning from R-3a to MU-2 of the following parcels: 64.-2-23; and 64.-2-24. • Rezoning from R-3b to MU-2 of the following parcels: 64.-10-6; and a portion of 63.-6-17. • Rezoning from U-1 to MU-2 of the following parcel: portions of 63.-5-2; 63.-5-8; and 64.-2-1. • Rezoning from B-2b to MU-2 of the following parcels: 63.-5-3; 63.-5-5; 63.-5-7; 63.-5-9; 63.-6-1; 63.-6-2; 63.-6-3; 63.-6-4; 63.-6-5; 63.-6-8; 63.-6-14; 63.-6-19; 63.-6-20; 63.-6-21; 63.-6-23; 63.-6- 24; 63.-6-25; 63.-6-26; 64.-2-26; 64.-2-27; 64.-2-28; 64.-2-29; 64.-2-30; 64.-2-31; 64.-2-32; 64.- 10-1; 64.-10-2; 64.-10-3; 64.-10-4; 64.-10-5; 64.-10-17.2; 64.-10-18; 64.-10-19; 64.40-20; 64.-10- 21; 68.4-6; 68.4-7; 68.-4-8; and portions of 63.-5-2; 63.-5-8; 63.-6-17; 64.-2-1; 64.-10-15; and 67.4-1. 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? • The areas proposed to be re-zoned CR-1 include approximately 4.1 acres. The proposed CR-1 district regulations would allow buildings of up to 3 stories and maximum lot coverage of 30%. This could result in a maximum potential build out of approximately 160,000 square feet within this district. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • The areas proposed to be re-zoned CR-2 include approximately 9.3 acres. The proposed CR-2 district regulations would allow buildings of up to 3 stories and maximum lot coverage of 35%. This could result in a maximum potential build out of approximately 424,000 square feet within this district. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • The areas proposed to be re-zoned CR-3 include approximately 6.3 acres. The proposed CR-3 district regulations would allow buildings of up to 3 stories and maximum lot coverage of 40%. This could result in a maximum potential build out of approximately 329,000 square feet within this district. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • The areas proposed to be re-zoned CR-4 include approximately 9.7 acres. The proposed CR-4 district regulations would allow buildings of up to 4 stories and maximum lot coverage of 50%. This could result in a maximum potential build out of approximately 845,000 square feet within this district. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks or required off-street parking. • The areas proposed to be re-zoned MU-1 include approximately 1.4 acres. The proposed MU-1 district regulations would allow buildings of up to 5 stories and maximum lot coverage of 70%. This could result in a maximum potential build out of approximately 213,000 square feet within this district. This maximum build out calculation does not take into consideration requirements for front, side, and rear yard setbacks. • The areas proposed to be re-zoned MU-2 include approximately 9.2 acres. The proposed MU-2 district regulations would allow buildings of up to 6 stories and maximum lot coverage of 100%. Page 9 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc This could result in a maximum potential build out of approximately 2.39 million square feet within this district. This maximum build out calculation does not take into consideration requirements for the required 10' rear yard setback or the proposed Dryden Road setback. Square Propos Footage of Acres of Maximum Maximum Maximum ed District to District to Allowable Allowable Maximum % Potential Zoning be be Height (in Height (in Lot Square Districts Rezoned Rezoned feet stories) Coverage Footage CR-1 177,982 4.1 35 3 30% 160,184 CR-2 403,940 9.3 35 3 35% 424,137 CR-3 274,290 6.3 35 3 40% 329,148 CR-4 422,347 9.7 45 4 50% 844,694 MU-1 60,854 1.4 70 5 70% 212,989 MU-2 398,750 9.2 80 6 1 100% 2,392,500 Maximum Buildout Potential 4,363,652 kti ���1�1y 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? �X Yes ❑❑1\To ❑❑1\/A; If no, explain: See "2009 Collegetown Urban Plan & Conceptual Design Guidelines" 8. What is the dominant land use and zoning classification within a t/a Mm,radius of the project? (e.g. R-la or R-lb) R-la; R-lb; R-2a; R-2b; R-3a; R-3aal R-3b; P-1; U-l; B-2b; B-2d; CBD-60 9. Is the proposed action compatible with adjacent land uses? X es [3No [3N/A Explain: 10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A 10b. What is the minimum lot size proposed? N/A . 11. Will the proposed action create a demand for any community-provided services? (recreation, education, police, fire protection, etc.) ? _Yes X 11No 1LjlN/A Explain: The proposed action is a re-zoning. Any new construction will undergo its own environmental review that will be no less protective of the environment and will assess any impacts on community-provided services. If yes, is existing capacity sufficient to handle projected demand? ❑❑Yes ONo ❑❑N/A Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? [3Yes X®No /A If yes, is the existing road network adequate to handle the additional traffic? [3Yes ❑ o �'`Explain: Page 10 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc A APPROVALS 1. Approvals: Common Council Adoption a. Is any Federal permit required? ❑❑Yes �X o �/A; Specify: kb. Does project involve State or Federal funding or financing?D]Yes UbLPN/A; If Yes, Specify: 2c. Local and Regional approvals: Type of Submittal Approval Agency Yes or 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) a g, a n p aaaaaa Page 11 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc i E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. F. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: City of Ithaca Signature: �_ } `� ✓� ci l� Title: Planner xxxxxxxxxxxxx , END OF PART 1xYxxxxxxxxxxxx s XOF p , f a r Page 12 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc City of Ithaca Long Environmental Assessment Form PART 2-PROJECT IMPACTS AND THEIR MAGNITUDES Project Name: Establishment of the Collegetown Area Form Districts and Rezoning of Portions of the R-lb, R-2a,R-2b, R-3a, R-3b,and B-2b Districts to Collegetown Residential (CR) and Mixed Use (MU) IMPACT ON LAND 1.Will there be an effect as a result of a physical change to project site? Small to Potential Can Impact be El Yes X]No Moder arge Reduced by Im Impact Project Change? Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of °° °°°°tea °WV' � aaaaaa � Yes []No length)f pp or where the general slope in the project exceeds 10%. eal �° _ b aOkQQ pDnx. �°Rz �naaaaaaaaa Construction on land where the depth to the water table is less than 3 fe� Yes No 4 q OQQQQQQQQ4 iN} nQQQQQQQQQe OQQQQQQQQQ parking Y �N�'afla�a []Yes- No Construction of arkin facility/area/area for 50 or more vehicles. �������� rnnnn 11111111111 14Q- Construction on land where bedrock is exposed or generally within' Yes ❑No �of existing ground surface. Construction that will continue for more than 1 yeah or involve more than yes No one phase or stage. > osr'"..oA— Evacuation for mining purposes that would remove more than 1,000 tons []Yes []No of natural material (i.e.rock or soil)per year. Construction of any new sanitary landfill. E]Yes [:]No Construction in a designated floodway. Llyes ❑No Other impacts: []Yes E]No 2.Will there be an effect on any unique landforms found on the site? (i.e. Small to Potential Can Impact be Cliffs, gor es, geological formations, etc.) Moderate Large Reduced by Yes XM No Impact Impact Project Change? Specific land forms: F- []Yes []No v.„ IMPACT ON WATER 3.Will project affect any water body designated as protected?(Under Small to Potential Can Impact be article 15 or 24 of the Environmental Conservation Law,E.C.L.) Moderate Large Reduced by Project LlYes [X No � Impact Impact Change? Developable area of site cont, a protected water bodyF F []Yes []No Dredging more than 100 cubic yards of material from channel of a F []Yes []No protected stream. Extension of utility distribution facilities through a protected water body. Yes []No Construction in a designated freshwater wetland. Yes E]No Page 13 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc Other impacts: Yes []No 4. Will project affect any non-protected existing or new body of Small to Potential Can Impact be Reduced water? Moderate Large []Yes X]No Impact Impact by Project Change? A 10%increase or decrease in the surface area of any body of ❑y es No water or more than a 10,000 sq. ft. of surface area. Construction, alteration, or conversion of a body of water that Yes No exceeds 10,000 sq. ft. of surface area. Fall Creek=Six Mile Creek, Cascadilla Creek, Silver Creek, Elyes L]No Cayuga Lake or the Cayuga Inlet? Other impacts: Part of the area proposed for re-zoning underJ :i this action is located directly south of Cascadilla Creek. The action will not result in any physical change to Cascadilla u" �.m X �� �0 No Creek or Cascadilla Gorge. Subsequent development proposals will be subject to their own separate environmental review that will be no less protective of the environment. 5. Will project affect surface or groundwater quali Small to Potential Can Impact be Reduced Moderate Large Yes �X No ���Q�� Impact Impact by Project Change? Project will require a discharge permit. Yes ❑No Project requires use of a source of water that does not ha Yes No approval to serve proposed project. e, m >s Construction or operation causing any contamination of a pu `'c Yes No water supply system. Project will adversely affect groundwater. L]Yes L]No Liquid effluent will be conveyed off the site to facilities which L]Yes L]No presently do not exist or have inadequate capacity. r ect requiring a facility that would use water in excess of ®Yes No 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 obvious Yes L]No visual contrast to natural conditions. F [] Proposed Action will require the storage of petroleum or chemical E]Yes L]No products greater than 1,100 gallons. Other impacts: LjYes ❑No 6. Will project alter drainage flow,drainage patterns or surface Small to Can Impact be water runoff? Moderate Potential Large Reduced by Project DYes [X No Impact Impact Change? Project would impede floodwater flows. Llyes ❑No Page 14 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc Project is likely to cause substantial erosion. ElYes E]No Project is incompatible with existing drainage patterns. Yes ❑No Other impacts: Other impacts: Yes 0 No IMPACT ON AIR e FYeL] sll ect affect air quality? Small to Moderate Potential age 'Can Impact be Reduced by X No Impact Project Change? Project will induce 500 or more vehicle trips in any Yes ❑No 8-hour period per day. Project will result in the incineration of more than Yes E]No 2.5 tons of refuse per 24-hour day. Ar X11 Project emission rate of all contaminants will exceed 5 lbs per hour or a heat source producing more than W0)1Tes ❑No 10 million BTUs per hour. Other impacts: %hL Yes ❑No IMPACTS ON PLANTS AND ANIMALS Nawt 8. Will project affect any threatened or endangered Small to Moderate Potential Large Can Impact be Reduced b g p y species? Yes X�No db. Impact Impact Project Change? Reduction of any species listed on the New York or Federal list,using the site,found over, on, or near LJYes ❑No site. Removal of any portion of a critical or significant Yes ❑No wildlife habitat. 44041w,.- —W Application of pesticide or herbicide more than twice a year other than for agricultural purposes. Yes No Other impactl []Yes []No 9.Will proposed t; ,� substantially affect non- threatened or non-e p red species? Small to Moderate Potential Large Can Impact be Reduced by n g g g g Impact Impact Project Change? L]Yes aX No Proposed action would substantially interfere with Yes No any resident or migratory fish or wildlife species. Proposed action requires the removal or more than 1/2 acre of mature woods or other locally important []Yes []No vegetation. Other impacts: []Yes ONo IMPACT ON AESTHETIC RESOURCE Page 15 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc 10. Will the proposed action affect views,vistas or the Small to potential Impact Large Can be Reduced by Project visual character of the neighborhood or community? Moderate Impact p Change? X❑Yes ❑No See Part III Impact 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 use, or proposed action components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of ❑Yes ❑No aesthetic qualities of that resource. Proposed action will result in the elimination or major screening of scenic views known to be important to opo^ ❑Yes ❑No the area. »»»»>t Other impacts: []Yes []No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOUR 61V 11.Will proposed action impact any site or structure I Small to potenri e Can Impact be Reduced b Project of historic,prehistoric or paleontological importance? Moderate Impa p Change? y J ❑X Yes ❑No See Part III Impact Proposed action occurring wholly or partially within v .4>n`xnppn'Sn'Sn'S'Sn'Saa or contiguous to any facility or site listed on or eligible []Yes []No for the National or State Register of Historic Places. Any impact to an archaeological site or fossil bed n=�. []Yes []No located within the project site. h Proposed action occurring wholly or partially within Ihh" or contiguous to any site designated as a local landmark or in a landmark district. X ❑Yes X❑No Other impacts: X []Yes X❑No Page 16 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of Small to Can Impact be existing or future open spaces or recreational opportunities? Moderate Potential Large Reduced by Project []Yes ❑X No Impact Impact Change? The permanent foreclosure of a future recreational opportunity. ❑Yes ❑No A major reduction of an open space important to the Ely ❑No community. .��a��p �aaaaaaaaa e bbo� '�bbbbbbbb4 AAA 6 '466666666Aa Other impacts: Yes No IMPACT ON UNIQUE NATURAL AREAS AND CRITICAL ENVIRONMENTAL AREAS - 13.Will the proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area Small to potential Large Can Impact be Reduced (UNA) or a critical environmental area(CEA)by a local or Moderate Impact b Project Change? state agency? Impact p y g L]Yes ❑X No ry�� Proposed Action to locate within a UNA Or CEA? ❑Yes []No Proposed Action will result in a reduction in the quality' . the resource or []Yes ❑No Proposed Action will impact the use, function or enjoymen of the resource 1 []Yes ❑No k Q#Q) Other impacts: '"�^ °' []Yes X❑No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation I Small to Can Impact be Reduced b sMYes ms? Moderate Potential Large Impact Project Change? y ❑No See Part III Impact Alteration of present patterns of movement of people and/or goods. []Yes ❑No Proposed action will result in major traffic problems. []Yes ❑No Other impacts: XJYes []No IMPACT ON ENERGY 15. Will proposed action affect the community's sources Small to potential Can Impact be Reduced b Project of fuel or energy supply? Moderate p y Impact Large Impact Change? ❑Yes [j]No Proposed action causing greater than 5%increase in any []Yes []No form of energy used in municipality. Page 17 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc Proposed action requiring the creation or extension of an energy transmission or supply system to serve more than Yes []No 50 single or two family residences. Other impacts: []Yes []No IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors,noise, glare, Small to Potenh vibration or electrical disturbance during construction of or »a�a. Can Impact be Reduced by Project Moderate L after completion of this proposed action? a4A .911' Change? Impact �gggg OYes �No gggg p egg :ngggg egg. Blasting within 1,500 feet of a hospital, school, or other ` sensitive facility? � �No 34, OQQQQQQppuz Odors will occur routinely(more than one hour per day) Yes q!gng Proposed action will produce operating noise exceeding °ggggggggg����° p P P g g "°�lllll��ga the local ambient noise levels for noise outside of ElYes E]N structure. Proposed action will remove natural barriers that would act Yes No q as a noise screen. e Other impacts: Obyes E]No hi n �zs. IMPACT ON PUBLIC HEALTH by», 17. Will roposed action affect public health and safety? Small to° Potential Can Impact be Reduced [1Yes �X No Moderate Large Impact by Project Change? Impact Proposed action will cause a 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 a chronic low-level discharge or emission. Proposed action may result in the burial of"hazardous wastes"in any form(i.e.Toxic,poisonous, highly reactive, []Yes []No radioactive, irritating,infectious,etc.) Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of L]Yes L]No solid or hazardous wastes. Proposed action will result in the handling or disposal or hazardous wastes (i.e. toxic,poisonous,highly reactive, L]Yes E]No radioactive,irritating,infectious,etc.,including wastes that are solid, semi-solid,liquid or contain gases.) Storage facilities for 50,000 or more gallons of any liquid fuel. []Yes []No Use of any chemical for de-icing, soil stabilization or the control of vegetation,insects or animal life on the premises of L]Yes []No any residential, commercial or industrial property in excess of 30,000 square feet. Page 18 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc Other impacts: []Yes []No IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing Small to Potential Can Impact be Reduced by community? Moderate �X Yes ❑No See Part III Impact Large Impact Project Change? The population of the City in which the proposed action is ° located is likely to grow by more than 5% of resident human Llyes ❑No population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of Les No this proposed action. Proposed action will conflict with officially adopted plans or goals: Proposed action will cause a change in the density of land y es&No use. low IF' Ll The proposed action will replace or eliminate exist facilities, structures,or areas of historic importance'" Yes ❑No community. o Development will create a demand for additional comm ty services (e.g. schools,police, and fire,etc. � &d, ° Yes No x x= z Proposed action will set an i ent for future mpo actions. X Yes aX No Proposed action will relo more a yees in one or Yes No more businesses. El Other impacts: LlYes ❑No 19. Is there public controversy concerning the proposed action? Yes [I No TBD—See Part III If any action in part 2 is identified as a potential large impact,or if you cannot determine the magnitude of impact,proceed to part 3. Page 19 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc City of Ithaca Full Environmental Assessment Form-Part III Establishment of the Collegetown Area Form Districts and Rezoning of Portions of the R-lb,R-2a, R- 2b, R-3a,R-3b, and B-2b Districts to Collegetown Residential (CR) and Mixed Use (MU) PROPOSED ACTION The proposed Collegetown Area Form Districts is one of the key recommendations of the "2009 Collegetown Urban Plan & Conceptual Design Guidelines," endorsed by the Common Council on August 5, 2009. The proposed zoning is a hybrid code in that it is a mix of a form-based code and traditional Euclidean zoning. It includes regulation of physical form that is the focus of form-based codes but also includes regulation of use and density found in traditional zoning. The adoption of the Collegetown Area Form Districts would establish six new zoning districts and re-zone 243 properties in the Collegetown area. The principal goals of the proposed code are to: (1) encourage exceptional urban design and high-quality construction; (2) regulate elements of building form to ensure a consistent transition between districts; (3) concentrate additional development in the central areas of Collegetown and protect the character of the surrounding established residential neighborhoods; (4) preserve and enhance green space that is a vital ecological, recreational, and aesthetic component of the urban environment; and (5) promote attractive, walkable neighborhoods that prioritize accommodation of alternate modes,qf transportation. r'POWa6e,:.... This action is the establishment of the Collegetown Area Form Districts: Collegetown Residential 1-4 (CR-1, CR-2, CR-3, and CR-4) and Mixed Use 1 & 2 (MU-1, MU-2) zoning districts and the rezoning of the following parcels: • Rezoning from R-1 b to CR-1 of the following parcels: 64.-6-1; 64.-6-2.2; 64.-6-3; 64.-7-2; 64.-7- 3; 64.-7-4; 64.-7-5; 64.-7-6; 65.-2-1; 65.-2-2; 65.-2-3; 65.-2-4; 65.-2-5; 67.-2-8; 67.-2-9; 67.-2-10; 67.-2-11; 67.-3-18; 67.-3-19; 67.-3-20; 67.-3-21; 67.-3-22; 83.-6-2; and 84.-1-1. • Rezoning from R-3a to CR-1 of the following parcel: 64.-7-1. • Rezoning from R-2a to CR-2 of the following parcels: 64.-3-1; 64.-3-2; 64.-3-3; 64.-3-4; 64.-3-5; 64.-3-6; 64.-3-7; 64.-3-8; 64.4-1; 64.4-2; 64.4-3; 64.-4-4; 64.-4-5; 64.-5-1; 64.-5-2; 64.-5-3; 64.- 5-4; 64.-8-7; 64.-8-8; and 65.-1-1. • Rezoning from R-2b to CR-2 of the following parcels: 68.-6-12; 68.-6-13; 68.-6-14; 68.-6-15; 68.-7-2; 68.-7-3; 68.-7-4; 68.-7-5; 68.-7-6; 68.-7-7; 68.-7-8; 68.-8-6; 68.-8-9; 83.-3-2; 83.-3-3; 83.- 3-4; 83.-3-5; 83.-3-6.1; 83.-3-6.2; 83.-3-7; 83.-3-8; 83.-3-9; 83.4-1; 83.-4-3; 83.4-4; 83.4-5; 83.- 4-6; 83.-6-1; and 83.-6-3. • Rezoning from R-3a to CR-2 of the following parcels: 64.4-1; 64.-1-2; 64.-1-4; 64.-8-9; 64.-8- 10; 65.-1-2; 65.4-3; 65.-1-4; and 65.-1-5. • Rezoning from R-1b to CR-3 of the following parcel: a portion of 67.-2-5 • Rezoning from R-2a to CR-3 of the following parcels: 64.-2-9; 64.-2-11; 64.-2-13; 64.-8-6 and a portion of 64.-2-13. • Rezoning from R-2b to CR-3 of the following parcels: 67.-2-3; 67.-2-4; 67.-3-23; 67.-3-24; 67.-3- 25; 67.-3-26; and a portion of 67.-2-5. • Rezoning from R-3a to CR-3 of the following parcels: 64.-2-7; 64.-2-8; 64.-8-1; 64.-8-2; 64.-8-3; 64.-8-4; 64.-8-5; 64.-8-11; 64.-9-3; 64.-9-4; 64.-9-5; 67.-3-2; 67.-3-3; 68.-5-14; 68.-5-15; 68.-5- 16; 68.-5-17; 68.-5-18; 68.-5-19; 68.-6-1; 68.-6-16; 68.-6-17; 68.-6-18; 68.-6-19; and a portion of 64.-2-13. • Rezoning from R-3b to CR-3 of the following parcels: 64.-9-7; 64.-9-8; and 64.-9-9. • Rezoning from R-lb to CR-4 of the following parcels: 67.-2-1; 67.-2-2; 67.-2-12; 67.-2-13; 67.-2- Page 20 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc 14; 67.-2-15; 67.-2-16; 67.-2-17; and 67.-2-18. • Rezoning from R-3a to CR-4 of the following parcels: 64.-2-2; 64.-2-4; 64.-2-5; 64.-2-6; 64.-2- 14; 64.-2-15; 64.-2-17; 64.-2-18; 64.-2-19; 64.-2-20; and 64.-2-22. • Rezoning from R-3b to CR-4 of the following parcels: 64.-9-1; 64.-9-2; 64.-9-6; 64.-9-10; 64.-10- 7; 64.40-8; 64.40-9; 64.-10-10; 64.-10-11; 64.40-13; 67.-1-4; 67.-1-5; 67.-1-6; 67.-1-7; 67.-1-8; 67.-3-1; 67.-3-29; 67.-3-30; 67.-3-31; 68.-4-3; 68.-4-9; 68.4-10; 68.-4-11; 68.4-12; 68.4-13; 68.- 4-14; 68.4-15; 68.-5-2; 68.-5-3; 68.-5-4; 68.-5-5; 68.-5-6; 68.-5-7; 68.-5-8; 68.-5-9; 68.-6-2; 68.- E-3; 68.-6-4; 68.-6-5; 68.-6-6; 68.-6-7; 68.-6-8; 68.-6-9; 68.-6-10; 68.-6-11; 83.4-2; and portions of 64.40-15; 67.-1-1; and 67.-1-3. • Rezoning from B-2b to CR-4 of the following parcel: a portion of 68.4-10. • Rezoning from R-3b to MU-1 of the following parcels: 67.-1-9; 67.-1-10; 67.-1-11; 67.-1-12; 68.- 5-10; 68.-5-11; 68.-5-12; 68.-5-13; and a portion of 67.-1-3. • Rezoning from R-3a to MU-2 of the following parcels: 64.-2-23; and 64.-2-24. • Rezoning from R-3b to MU-2 of the following parcels: 64.40-6; and a portion of 63.-6-17. • Rezoning from U-1 to MU-2 of the following parcel: portions of 63.-5-2; 63.-5-8; and 64.-2-1. • Rezoning from B-2b to MU-2 of the following parcels: 63.-5-3; 63.-5-5; 63.-5-7; 63.-5-9; 63.-6-1; 63.-6-2; 63.-6-3; 63.-6-4; 63.-6-5; 63.-6-8; 63.-6-14; 63.-6-19; 63.-6-20; 63.-6-21; 63.-6-23; 63.-6- 24; 63.-6-25; 63.-6-26; 64.-2-26; 64.-2-27; 64.-2-28; 64.-2-29; 64.-2-30; 64.-2-31; 64.-2-32; 64.- 10-1; 64.40-2; 64.40-3; 64.-10-4; 64.40-5; 64.40-17.2; 64.-10-18; 64.-10-19; 64.40-20; 64.-10- 21; 68.4-6; 68.4-7; 68.4-8; and portions of 63.-5-2; 63.-5-8; 63.-6-17; 64.-2-1; 64.40-15; and 67.4-1. ENVIRONMENTAL IMPACTS Impact on Land-No Impact There are no immediate impacts on land that are anticipated ass', "sult of this re-zoning. The proposed zoning will allow for taller buildings and buildings that cover a larger portion of the lot to be constructed in some locations; however, there will be no immediate change in the built environment as a result of this action. Any new construction will undergo a separate environmental review that will be no less protective of the environment and will assess any impacts on land. Impact on Water-No Impact There are no impacts on water anticipated as a result of this action. Impact on Air-No Impact There are no impacts on air anticipated as a result of this action. Impact on Plants and Animals-No Impact There are no impacts on plants or animals anticipated as a result of this action. Impact on Aesthetic Resources-Small to Moderate Impact The Collegetown Area Form District is a hybrid code that includes regulation of use, density, and physical form with the intention of creating an exceptional urban environment. The existing built environment was a key consideration during the preparation of the hybrid code, and the proposed code emphasizes compatibility with the existing structures, particularly in the residential zones, and consistent transitions between districts. The proposed zoning would allow for taller structures and structures of greater lot coverage to be constructed in certain areas of Collegetown; however, the code's form requirements minimize the impacts of the increased height and lot coverage. It is also important to note that building height is measured in stories and Page 21 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc feet, and a building must meet both requirements. Additional height in feet is provided to allow adequate space for mechanicals and high-quality design finishes. While it may be feasible to design a building with a greater number of stories within the maximum allowed height in feet, the building must meet both requirements. The largest change in maximum building height will be from 40' (existing) to 70' (proposed) or 4 stories (existing) to 5 stories (proposed) in the proposed MU-1 district. This district would also have the greatest change in lot coverage (from 40% to 70%). A maximum fagade length of 150' for row houses and 75' for all other structures is proposed in this district to break up buildings and allow light and views between structures. nnnnnn •«nqe. The tallest permitted structures will be in the MU-2 district, where a maximum building height of 6 stories and 80' is proposed (currently 6 stories and 65'). While a potential increase of 15' in overall building height is possible, the district will remain at its current maximum of 6 stories. No maximum fagade length is proposed, but the current built environment in this district does not include any breaks between structures. Additional form requirements help address viewshed concerns in the dense MU-2 district. An additional 5'- 7' setback along the 100- and 200-blocks of Dryden Road will open the view through this corridor while achieving the primary objective of providing additional space for wider sidewalks. Either (1) a 10' chamfer or (2) a 5' setback on corner lots within the MU-2 district will provide additional light and air at busy intersections. New construction is not expected to eliminate any scenic views that are significant to the community. However, any new construction will have to undergo a full environmental review that will be no less protective of the environment and will assess any impacts on views. See also "Impact on Growth and Character of Community or Neighborhood" Impact on Historic and Archaeological Resources—Small to Moderate Impact The project includes the re-zoning of two designated local landmarks, the Grandview House (209 College Avenue) and the John Snaith House (140 College Avenue). The proposed zoning will not be incompatible with these landmarks. Regardless of the underlying zoning, all new construction and exterior alterations on the same tax parcel as an individually designated local landmark are subject to review and approval by the Ithaca Landmarks Preservation Commission for compliance with Sections 228-5 (B) and (C) of the Municipal Code. At its meeting on November 12, 2013, the Ithaca Landmarks Preservation Commission reviewed the proposed Collegetown Area Form Districts as it relates to the locally-designated landmarks and indicated that the ILPC has no concerns about the proposed rezoning of these two properties. The project area is also contiguous to the East Hill Historic District, but there is no anticipated impact on the historic district. Further studies of additional historic resources within the Collegetown Area Form Districts are anticipated. u. Impact on Open Space and Recreation—No Impact There are no impacts on open space and recreation anticipated as a result of this action. Impact on Unique Natural Areas and Critical Environmental Areas—No Impact The project area is contiguous to UNA-136, Cascadilla Gorge, but there are no impacts on the Cascadilla Gorge or any other unique natural area or critical environmental area anticipated as a result of this action. Impact on Transportation—Small to Moderate Impact Page 22 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc The proposed zoning regulations include the elimination of minimum off-street parking requirements for existing structures and new construction within the MU-1 and MU-2 districts. It is estimated that eliminating minimum off-street parking requirements could immediately allow an additional 88 occupants to inhabit existing structures within the proposed MU-1 and MU-2 districts (currently zoned R-3b and B-2b). Additionally, any new construction in these districts would not be required to provide off-street parking; however, a property owner may continue to provide it if he/she chooses to do so. The proposed zoning regulations also eliminate the minimum off-street parking requirement within the CR-4 district for any building the meets current New York State Building Code or New York State Residential Code for new construction, provided that a transportation demand management plan is accepted by the Planning and Development Board during site plan review. Currently, none of the properties within the proposed CR-4 district meet current New York State code for new construction; therefore, all of the properties must continue to provide at least the minimum required off-street parking. Future redevelopment, including new construction or extensive renovations, may not be required to include off-street parking. In addition to meeting current state code for new construction, a transportation demand management plan that considers transportation impacts of the proposed development as well as transportation alternatives that are available to building occupants must be accepted by the Planning and Development Board during site plan review. See the attached Transportation Demand Management Plan Guidelines. While off-street parking would not be required in the MU districts and under certain circumstances in the CR- 4 district under the proposed zoning, it is anticipated that alternate transportation modes will accommodate most travel needs. These districts are located in the central area of Collegetown that is well-served by multiple TCAT routes and is convenient for pedestrian, bicycle, and carshare travel. The City's Dryden Road Parking Garage has excess capacity and is also available for residents who choose to bring a car and do not rent a parking space from a private property owner. Alternatively, remote parking options are available at Cornell University's A and B lots (which provide a TCAT pass) and the City's downtown parking garages (which offer a reduced fee). The proposed zoning would also reduce the residential off-street parking requirement in the CR-3 and CR-4 districts from 1 space for every 2 residents to 1 space for the first 3 bedrooms, 2 spaces for 4-5 bedrooms, and 1 space for each additional bedroom. The proposed requirement is the same requirement that is in place for other multiple-residence zoning districts within the city. A 2012 parking study found the Collegetown Parking Overlay Zone's off-street parking requirements to be too high. The proposed change would make off-street parking requirements in the CR-3 and CR-4 districts consistent with other areas of the city. The proposed zoning would result in approximately 413,000 square feet of additional development potential. The majority of this development potential would be concentrated in the CR-4 and MU-1 districts. As noted above, these areas are well served by alternate modes of transportation and a public parking garage. It is not anticipated that the additional development potential allowed under the proposed zoning will have significant transportation impact. However, any new construction will have to undergo a full environmental review that will be no less protective of the environment and will consider any impact on transportation. Impact on Energy—No Impact There are no impacts on energy anticipated as a result of this action. Sufficient infrastructure capacity exists to support new development. ' "Collegetown Parking Study"by Fall 2012 CIPA Capstone Class Page 23 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc Impact on Noise and Odors—No Impact There are no impacts on noise and odors anticipated as a result of this action. Impact on Public Health—No Impact There are no impacts on public health anticipated as a result of this action. Impact on Growth and Character of Community or Neighborhood—Small to Moderate Impact Over the past several years, the City has focused on returning Collegetown to its former status as a vibrant commercial center surrounded by strong residential neighborhoods. The Collegetown Vision Statement was endorsed by the Common Council in 2007 and was followed by a neighborhood plan for the area, the "2009 Collegetown Urban Plan & Conceptual Design Guidelines." The Collegetown Area Form Districts is a critical implementation measure of the 2009 Collegetown plan; the proposed zoning regulations are designed to accommodate the needs of all those who live, work, and visit the Collegetown area while improving the urban environment. More 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 higher-density and lower-density districts; (3) concentrate additional development in the central areas of Collegetown and protect the character of the surrounding established residential neighborhoods; (4) preserve and enhance green space that is a vital ecological, recreational, and aesthetic component of the urban environment; and (5) promote attractive, walkable neighborhoods that prioritize accommodation of alternate modes of transportation. With the adoption of the new code, the City aims to encourage replacement of older structures that are not up to current code and incentivize development of underutilized sites in alignment with smart growth principles. If adopted, the Collegetown Area Form Districts will be the City's first form-based code. The adoption of the code will have the positive impact of improving the urban character of the Collegetown area. Additionally, the Common Council endorsed conceptual design guidelines as part of the 2009 Collegetown plan, and the City is moving forward with the preparation of design standards for the areas included in the Collegetown Area Form Districts. The design standards will build upon the form-based code by providing clear, defined specifications for design issues not covered in the new code, such as building materials, architectural design details, and treatment of the building site. Together, the Collegetown Area Form Districts and the Collegetown design standards would improve the urban environment, both aesthetically and functionally, while providing property owners and residents with an understanding of how new construction would impact their neighborhood. These new regulations could serve as a model for use in other areas of the city. The proposed zoning would result in approximately 413,000 square feet of additional development potential within the Collegetown Area Form Districts. The majority of this development potential would be concentrated in the CR-4 and MU-1 districts. In doing so, the proposed zoning achieves one of the key goals of the "2009 Collegetown Urban Plan & Conceptual Design Guidelines" to concentrate additional growth and development in the central part of Collegetown and limit further expansion into the surrounding neighborhoods. The adoption of the proposed zoning could cause the density of land use within the proposed CR-4, MU-1, and, to a lesser degree, MU-2 districts to increase, but this increase would be in keeping with the endorsed land use plan for the Collegetown area. Furthermore, the permitted increase in density in the CR-4, MU-1, and MU-2districts is intended to alleviate development pressure on the adjacent neighborhoods. Public controversy for this action has not yet been determined. There have been numerous opportunities for public comment on the draft Collegetown Area Form Districts and many comments have been incorporated into the version proposed for adoption. A public information session was held on December 11, 2013, and a public hearing will be held before the Common Council considers the proposed re-zoning. Page 24 j:\projects\collegetown\2012\collegetown area form districts\environmental review\2013 collegetown area form districts feaf formrev.doc 1/6/14 Collegetown Area Form Districts-Transportation Demand Management Plan Guidelines Properties within the CR-4 district shall have no minimum off-street parking requirement, provided that: (1) The buildings fully comply with New York State Building Code or New York State Residential Code for new construction; and (2) A transportation demand management plan is accepted by the Planning and Development Board during the site plan review process. The City of Ithaca Planning and Development Board may require a transportation demand management plan for other properties during the site plan review process. In the transportation demand management plan,the applicant shall address the following: (1) Transportation impacts of the project; (2) Transportation alternatives available to building occupants; (3) Number and location of any off-street parking spaces; (4) Number and location of any bicycle parking spaces and bicycle storage; (5) Number and location of any loading and delivery spaces; (6) Availability of sufficient handicapped accessible parking in the area that is located on an accessible route to the project; (7) Steps that will be taken to encourage use of alternate modes of transportation (other than single-occupancy vehicles); (8) If residential, management of move in and move out of residents 10. CITY ADMINISTRATION COMMITTEE: 10.1 City Attorney's Office — A Local Law entitled "2014 Sidewalk Improvement District Amendments Concerning Certain Vacant Lots" WHEREAS, the City amended Section C-73 of the City Charter in 2013 by creating five Sidewalk Improvement Districts (each a "SID") for the construction and repair of sidewalk, and assessing each property located in each SID for the benefits received by the property from said local improvements, and WHEREAS, the Common Council concludes that it is appropriate to adjust the assessments for certain small, vacant lots under the SID assessment formula to more accurately reflect the benefits from the sidewalk construction and repair received by those properties, and WHEREAS, certain other amendments to Section C-73 are desirable in order to improve the SID system, and WHEREAS, pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements, now, therefore Local Law No. -2014 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council concludes that certain adjustments to the SID assessment formula are appropriate. The Common Council makes the following findings of fact: A. Vacant lots located in a SID receive a benefit from the SID system, which may include relief from the responsibility for constructing or repairing the sidewalk located adjacent to the lot and an increase in market value from the presence of a high-quality sidewalk network around the property. B. Although small, vacant lots are already assessed a reduced amount due to the lack of any buildings located on the lot, it is equitable to further reduce the fee assessed to certain smaller, vacant lots to better reflect the benefit received from the SID system by those lots. Section 2. Charter Amendments. Section C-73(C) of the Ithaca City Charter is hereby amended as follows: C. Assessment Formula. (1) Definitions. ANNUAL MAINTENANCE FEE The Annual Maintenance Fee for Non-Developable Lots and Sliver Lots is zero dollars ($0.00); for Low-Foot- Traffic Lots, it is seventy dollars ($70.00); and for all other Lots, it is one hundred and forty dollars ($140.00). BUILDING SQUARE FOOTAGE The total square footage of all buildings on a Lot as recorded by the Tompkins County Department of Assessment. COST OF PAST WORK The total sum, including labor and materials, actually paid for Past Work; provided, however, that none of the following shall be included: (i) costs exceeding fifteen dollars ($15.00) per square foot of Past Work completed; or, (ii) any overhead fee, interests or penalties imposed for failure to perform Sidewalk Construction or Repair pursuant to the Charter or City Code, including but not limited to Section C- 73.1(E) of the Charter. FRONT FEET The length of perimeter, measured in feet, by which a Lot abuts the line of the public street or streets; provided that, if a Lot's perimeter along the line of the public street or streets is bisected such that a portion of the perimeter is within a SID and a portion of the perimeter is not located within any SID, only that portion of the perimeter within a SID shall be included; and provided further that a Sliver Lot's Front Feet shall be deemed to be the lesser of (i) the Lot's actual Front Feet or (ii) one hundred and ten (110) feet. LOT Lot or parcel of land, as set forth by the current City of Ithaca Tax Maps on file with the Tompkins County Department of Assessment. LOT SQUARE FOOTAGE The total area of a Lot measured in square feet, as recorded by the Tompkins County Department of Assessment, or as otherwise calculated by that Department. LOW-FOOT-TRAFFIC LOTS Those Lots, qualifying neither as Sliver Lots nor as Non- Developable Lots, with a Property Class Code of 210, 215, 220, 240, 250, [er}270, 311, or 312, or substantially identical successor designations. NON-DEVELOPABLE LOTS Those Vacant Lots not qualifying as Sliver Lots with a Lot Square Footage less than the lowest minimum lot size requirements for any development under the City of Ithaca Zoning Ordinance for the zoning district in which the Lot is located, as certified by the Director of Planning and Development or his or her designee pursuant to Subsection (C)(3) hereof; provided, however, that if a zoning district has more than one minimum lot size, the relevant minimum lot size for this purpose shall be the smallest minimum lot size for that zoning district that is not subject to adjustments for residency or number of units. PAST WORK Sidewalk Construction or Repair performed on a Lot located in and subject to assessments as part of a Sidewalk Improvement District, and permitted by and performed in accordance with the general drawings and specifications established by the Office of City Engineer, provided that such work is (i) performed at the cost of the property owner of the Lot upon which the work is performed or (ii) funded by documented contributions made to a business improvement district established by Chapter 149 of the City Code by the property owner of a Lot located in said business improvement district for the sole purpose of performing Sidewalk Construction and Repair; and provided further that work completed as required by a site plan review pursuant to Chapter 276 of the City Code is excluded. PROPERTY CLASS CODE The property type classification code, as defined by the New York State Office of Real Property Services in the Assessors' Manual, or such other substantially similar documentation later produced by that office, assigned to a Lot by the Tompkins County Department of Assessment, as may be updated by that Department from time to time. SIDEWALK CONSTRUCTION OR REPAIR Construction or repair of any public sidewalk or footpath intended for the use of pedestrians in a City park or approximately following along the line of the public street or streets upon which the Lot fronts, including but not limited to sidewalk curb cuts and curb accessibility ramps, and, other actions determined by the Board of Public Works to be necessary to the construction or repair of said sidewalk or footpath, including but not limited to, any paving, earth work, drainage, and appurtenances; provided, however, that the construction or repair of driveway cuts, aprons, or a pedestrian mall (as that term is defined in Section C-89(B) of the Charter) is excluded. SLIVER LOTS Those Vacant Lots with a Lot Square Footaqe equal to two thousand (2,000) square feet or less. [SQUARE FOOTAGE The total square footage of all b iildiRgS on o Lot as reoer�er� by the Tempkinc GG Rty DepaFtmeRt of sse00meRt ] VACANT LOTS Those Lots with a Property Class Code between 300 and 399, or substantially identical successor designations. (2) Each Lot in a SID shall be annually assessed for work to be performed in the district as follows: Annual Maintenance Fee plus Square Footage Fee plus Frontage Fee less Past Work Reduction. (a) Square Footage Fee. The Square Footage Fee for all Low- Foot-Traffic Lots shall be $0.00. For all other Lots, the Lot's Square Footage Fee shall be equal to the Lot's Building Square Footage times $0.015. (b) Frontage Fee. The Frontage Fee for all Low-Foot-Traffic Lots shall be $0.00. For all other Lots, the Frontage Fee shall be $30.00 for each fifty-five (55) feet of Front Feet or portion thereof. (c) Past Work Reduction. A Lot's assessment under this Section shall be reduced as set forth herein. [1] A Lot is eligible for a reduction for the Cost of Past Work for twenty (20) years from the date the Past Work was substantially completed ("Reduction Period"). In each year of the Reduction Period for which an assessment, if any, is made pursuant to this Section, the Lot's Past Work Reduction shall be an amount equal to one-twentieth (1/20) of the Cost of Past Work. Should the allowable reduction for the Cost of Past Work be greater than a Lot's assessment under this Section in any given year, the Lot owner shall not be entitled to the difference, and the difference shall not apply to the assessment for any other year. [2] The Lot owner must provide sufficient evidence to the Superintendent of Public Works or his or her designee of the nature and location of the Past Work performed, the Cost of the Past Work, and the date the Past Work was substantially completed. Such evidence must be provided no later than May 1 of the year preceding the fiscal year for which the owner seeks a Past Work reduction; provided, however, that in the first fiscal year following the year of enactment of this Local Law, such proof must be provided no later than the deadline, if any, established by the Board of Public Works, and if no such deadline is established, such proof must be provided no later than February 1 of that fiscal year. If the request is approved by the Superintendent of Public Works or his or her designee, the Past Work reduction shall automatically recur in each remaining year of the Reduction Period. The Lot owner may appeal the determination of the Superintendent of Public Works or his or her designee to the Board of Public Works at an open meeting thereafter. (3) Certification of Non-Developable Lots. The owner of a Lot may file an application with the Director of Planning and Development or his or her designee to have the lot certified as a Non-Developable Lot. Such applications must be filed no later than the deadline for providing evidence for a Past Work Reduction pursuant to subsection (c)[21 above. Such certification shall be granted only to those Lots not qualifying as Sliver Lots with a Lot Square Footage less than the minimum lot size required for development by the City of Ithaca Zoning Ordinance for the zoning district in which the Lot is located at the time of application. Once granted, the certification shall continue to be in effect for the Lot, regardless of subsequent changes in ownership, until the end of the fiscal year during which: (i) the Lot Square Footage increases for any reason to an amount in excess of the minimum lot size required for development; or (ii) the minimum Lot size for development, as may be revised or amended from time to time, in the zoning district in which the Lot is located, is reduced to an amount equal to or lesser than the Lot Square Footage. The owner of a Lot that has received a certification pursuant to this provision shall notify the Director Planning and Development or his or her designee of any change in the Lot Square Footage. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law or of those portions of Section C-73 not amended by this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective, following the passage of forty-five (45) days after the adoption of this Local Law and after filing in the office of the Secretary of State, retroactive to January 1, 2014. This Local Law is subject to referendum on petition pursuant to Municipal Home Rule Law Section 24. SIT CITY OF ITHACA 108 East Green Street Ithaca New York 14850-6590 e OFFICE OF THE CITY ATTORNEY ° Aaron O. Lavine, City Attorney Telephone: 607/274-6504 emem�o Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 AT Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM To: City Administration Committee From: Ari Lavine, City Attorney Date: February 14, 2014 Subject: Amendments to the Sidewalk Improvement District Assessment Formula for Certain Vacant Lots As you know, in September 2013 Council enacted a new Charter Section C-73 that replaced the prior,troubled system of financing sidewalk construction and repair with a system based on five Sidewalk Improvement Districts (each a"SID") financed by an assessment formula under which each tax parcel is assessed for the benefit the property receives from a network of sidewalks throughout the district. As passed last year, the SID law consciously reflected the value received even by vacant lots from the SID system, including increased development value from nearby, high-quality sidewalks. However, some unforeseen consequences of the law's structure, and resulting public feedback, prompt me now to propose a minor amendment with modest financial impact Citywide but improved user experience for a small group of owners. Specifically, this amendment would adjust the assessments imposed on three categories of vacant properties: 1. Sliver Lots, defined as vacant lots with an area equal to or less than 2,000 square feet, 2. Non-Developable Lots, meaning lots sufficiently small that—though over 2,000 square feet in area—do not permit of development under the applicable zoning ordinance, and 3. Vacant Residential lots, meaning larger vacant lots that—though developable per applicable zoning—are characterized by the Department of Assessment as lots likely to be developed for residential use when and if developed at all. The proposed amendments would assess sliver lots and non-developable lots based solely on the lot's frontage on a public street. The rate of the assessment would be the same as the frontage fee assessed on non-Low Foot Traffic Lots; currently, a frontage fee of$30 is assessed for each fifty- five feet or portion thereof. Additionally, the assessment for sliver lots would be capped at two frontage units (currently, $60 total). Meanwhile,the proposed amendment would assess larger vacant residential lots (i.e., (3) above) as Low Foot Traffic Lots (i.e., the same as a one- or two- family home; currently$70 per year). The assessment adjustment described in (3) carries most of the financial impact of these adjustments, reducing the Citywide assessment levy by approximately$19,000, approximately $10,000 of which would be a reduction in SID #5, containing West Hill. This would constitute an approximately 8%reduction in the total assessment levy for that District. Of the approximately$19,000 reduction citywide, approximately$4000 would take the form of reduced assessments on City-owned lands. (In contrast to $19,000, the assessment adjustments described in items (1) and(2) above are anticipated to reduce the Citywide assessment levy by approximately$5000 and $7000 respectively.) There has also been some discussion regarding vacant lots that have areas in excess of the sizes indicated above, but that have no frontage upon a public street. This amendment does not alter the assessment for such lots (unless they are characterized as vacant residential lots,per item (3) above), because they may in some cases contain great value that can ultimately benefit from the sidewalks in their district; imagine a large, vacant, commercial lot, set back from the street, that might in a few years contain a large store with much foot traffic. Should the Committee's views differ on this topic, I am glad to offer language to accommodate. Lastly, the proposed amendment also includes a provision allowing an owner of more than one lot in the same SID to apply excess past work credit—i.e., the difference between one lot's past work credit and that lot's SID assessment—against the assessments for the owner's other lots. I look forward to discussing with you. "An Equal Opportunity Employer with a commitment to workforce diversification." 10.2 Ithaca Urban Renewal Agency (IURA) - Cayuga Green Project - Endorsement of Requested Twenty-Eight Day Extension to Sales Contract for Parcel "D" to Cayuga Green II, LLC — Resolution WHEREAS, Cayuga Green II, LLC (Purchaser) seeks a twenty-eight day extension to March 14, 2014, to satisfy the final seller contingency contained in the 2013 Purchase and Sale Contract (Contract) for parcel "D", a half acre parcel located behind the Cayuga Garage with a street address of 217 South Cayuga Street, and WHEREAS, the proposed Contract agrees to a sales price of$280,000 and obligates the purchaser to undertake a project "anticipated to consist of construction of no fewer than 30 rental and/or for-sale housing units located adjacent to the Cayuga Garage or such other uses approved by Seller and the Common Council of the City of Ithaca," and WHEREAS, Cayuga Green II, LLC, proposes to construct a 49,000 square foot, seven-story housing project containing 45 housing units to be known as Cayuga Place Two, and WHEREAS, Cayuga Green II, LLC, is controlled by Bloomfield/Schon + Partners, LLC who is designated by the Ithaca Urban Renewal Agency (IURA) as a qualified and eligible sponsor pursuant to §507 of General Municipal Law to acquire property to undertake the Cayuga Green project, and WHEREAS, to enforce the future land use obligation, the proposed Contract requires the purchaser to satisfy the following seller contingencies prior to expiration of the contract as a condition of conveyance of the property: 1. Submit proof of final site development plan approval for a project containing at least 30 housing units; 2. Submit proof of issuance of a building permit for the project; 3. Submit proof that all project financing has been secured to complete the project, and WHEREAS, the Purchaser has satisfied the site plan and building permit contingencies, but has not submitted proof of project financing, and WHEREAS, Purchaser has submitted an executed, nonbinding, detailed term sheet for bank financing, dated December 5, 2013, identifying a series of additional submissions necessary for lender review prior to issuance of a loan commitment, including a new Phase II Environmental Site Assessment (ESA), and WHEREAS, the Phase II ESA was completed on February 14, 2014, and WHEREAS, Purchaser projects that the project financing will be secured no later than March 5, 2014, and WHEREAS, Purchaser has made payment of a $20,000, non-refundable deposit, toward the purchase price which shall be retained by the seller in the event seller contingencies are not satisfied, and WHEREAS, the purchaser seeks no property tax abatements for this market-rate project and the proposed Contract effectively prohibits any tax abatements on the project, and WHEREAS, the primary objective of the IURA for this urban renewal project is to improve the social, physical, and economic characteristics of the project neighborhood, and WHEREAS, the IURA seeks to facilitate the construction of additional housing units in downtown Ithaca that will expand the range of housing opportunities, increase the property tax base, and visually conceal the concrete block wall portions of the east wall of the adjacent Cayuga Garage, and WHEREAS, under§507 of Article 15 of General Municipal Law, the IURA is authorized to sell real property to a qualified and eligible sponsor subject to Common Council approval following a public hearing, and WHEREAS, the prior purchase and sale contract for Parcel `D' and site plan review for a proposed seven-story housing project at Parcel `D' were the subject of environmental reviews under the City Environmental Quality Review Ordinance (CEQRO) pursuant to which the lead agency issued a negative declaration that the implementation of the action as proposed will not result in any significant adverse environmental impacts, and WHEREAS, the action of approving an extension to the 2013 Contract for sale of Parcel `D' is no less protective of the environment than the previously approved Contract and site plan, therefore requiring no additional environmental review, and WHEREAS, on February 27, 2014, the IURA approved the following terms to extend the 2013 Contract for sale of Parcel "D": 1. Twenty-Eight day extension to March 14, 2014, to satisfy seller contingencies; 2. $10,000 additional non-refundable cash deposit; 3. IURA Chairperson discretion for one additional 14-day extension; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby approves the Ithaca Urban Renewal Agency proposed extension to the 2013 Purchase and Sale Contract with Cayuga Green II, LLC for Parcel `D' (tax map parcel #81.-2-4) containing the following terms: A. authorization of a twenty-eight day extension to March 14, 2014, to satisfy seller contingencies; B. requirement for an additional $10,000 non-refundable cash deposit; and C. authorization to the IURA Chairperson to approve, at his sole discretion, one additional fourteen day extension to March 28, 2014, to satisfy seller contingencies. August 27, 2013 PURCHASE AND SALE CONTRACT 2013 CAYUGA GREEN PROJECT PHASE IIB PARCEL "D'• This Agreement is entered into by and between The ITHACA URBAN RENEWAL AGENCY (hereafter "Seller"), an urban renewal agency created pursuant to the General Municipal Law of the State of New York, with offices at 108 East Green Street, Ithaca, New York 14850, and CAYUGA GREEN II, LLC (hereafter "Purchaser"), a limited liability company formed pursuant to the laws of the State of New York and with offices at 660 Lincoln Avenue, Suite 303, Cincinnati, Ohio, 45202, which LLC is a wholly owned subsidiary of Steven F. Bloomfield Company, Inc., an Ohio Corporation with offices at 660 Lincoln Avenue, Suite 303, Cincinnati, Ohio, 45202. WHEREAS, the parties entered into a Purchase and Sale Agreement for the parcel of land described in Schedule A attached hereto (hereinafter "the Premises") on November 19, 2007, and amended agreements in July 17, 2009 and October 27, 2011 to construct no less than 30 housing units adjacent to the Cayuga parking garage; and WHEREAS, the Purchase and Sale Agreements expired due to the Purchaser's inability to satisfy contingencies set forth in the Purchase &Sales Agreement to secure project financing and obtain a building permit; and WHEREAS, the Purchaser has revised the housing project to secure project financing and to achieve financial feasibility; and WHEREAS, the Purchaser proposes to construct a seven-story, 45-unit housing project on a foundation system utilizing shallow depth auger grouted steel core displacement piles to address poor soil conditions; and. WHEREAS, the Purchaser has submitted revised project plans to the City of Ithaca Planning & Development Board and indicated that they have received an acceptable loan proposal to finance the project; and WHEREAS, the Purchaser requests to re-establish a Purchase and Sale Agreement; and WHEREAS, the proposed construction project on parcel "D" is consistent with the original design goals for the Cayuga Green project; and WHEREAS, the Purchaser's above-referenced request was approved by the IURA by resolution adopted on (September 5, 2013) and by the Common Council by resolution adopted on (October 2, 2013); and NOW, THEREFORE, the parties agree to the following terms set forth in this Agreement: I. AGREEMENT TO SELL AND PURCHASE. SELLER agrees to sell the Premises to PURCHASER to undertake Phase IIB of the Cayuga Green project, anticipated to consist of construction of no less than thirty (30) rental and/or for-sale housing units located adjacent to the Cayuga parking garage (hereafter"the Project"), or such other uses approved by Seller and the Common Council of the City of Ithaca. li. CONTINGENCIES. This Agreement shall be subject to the following contingencies to be met by PURCHASER: No later than December 31, 2013, Purchaser shall submit the following documentation pertaining to Phase 1113 of the Cayuga Green project, anticipated to consist of construction of no less than 30 rental housing units located adjacent to the Cayuga parking garage, or such other uses approved by Seller and the Common Council of the City of Ithaca: A. Proof of final site development plan approval for the Project by the City of Ithaca Planning and Development Board; B. Proof of issuance of a building permit authorizing construction of at least the Project's full foundation, upon submission to the City of Ithaca Building Division of(1) full foundation plans, (2) full structural plans and (3) a building code analysis documenting that the Project complies with applicable building,fire and accessibility codes to demonstrate basic code-compliant constructability of the Project. C. Proof that all project financing has been secured to construct the project, including submission of a project budget; and D. Notwithstanding the above, the IURA Chairperson, at their sole discretion, is authorized to extend the deadline to satisfy Seller contingencies by up to 45 days to address unforeseen delays or issues. III. PARKING A. Purchaser shall have the right to construct entrances between the Rental Housing/Condominium Project and the Cayuga Garage (which right is also set forth in the "Cayuga Green Lease Agreement, Parcel 'A' Ground Floor of Cayuga Garage between the Ithaca Urban Renewal Agency and Cayuga Green, LLC, dated February 1, 2007 [subject to assignment of Cayuga Green, LLC's rights and responsibilities in this agreement to Purchaser] and in the Air Rights Lease dated December 1, 2003 between Seller and Community Development Properties Ithaca, Inc. [CDP], as amended on January 1, 2007). This right shall be subject to the following conditions: 1. Purchaser shall submit plans for installing any entrances to Seller. 2. Seller's written consent,which shall not be unreasonably withheld, conditioned or delayed,and shall be contingent upon and subject to the following conditions: a. Receipt by Seller of an independent legal opinion in writing confirming that such consent preserves the tax-exempt status of the financing of the Cayuga Green I (garage) project. Purchaser shall pay up to one-half the cost of obtaining such an opinion, but not to exceed $500.00; b. Such entrances from the adjoining structure to the Garage shall not in any way constitute required fire egress to comply with the New York State Fire Prevention and Building Code, the City Code of the City of Ithaca, or any other laws or regulations; C. Such entrances shall not imply or constitute any obligation on the part of CDP, Seller, the City of Ithaca or any other party who has an interest in the Garage to continue to provide such entrances and access from the adjoining building to the Garage in the event the Garage is wholly or partially demolished, under repair or restoration, or no longer used as a parking garage for any reason; d. Approval of the exact location of such entrances by CDP as set forth in the Air Rights Lease, which approval shall not be unreasonably withheld. e. A monthly payment for any parking spaces obstructed by such connection, with the amount to be determined by CDP with reference to reasonable projected parking revenues for such parking spaces, as set forth in the Air Rights Lease. B. If Purchaser does not obtain the consents referred to in paragraph III(A)(2) above, Purchaser shall have the right to terminate this Agreement and Purchaser shall have no liability to the Seller subject to the following: If the Purchaser does not meet the contingencies set forth in paragraph II by the date set forth therein, this amount shall not be refundable, as provided in paragraph VII below. C. Parking in the Cayuga Garage will be made available to Purchaser pursuant to the terms of an Agency Agreement between Cayuga Green, LLC and CDP dated as of January 1, 2007, subject to assignment of the rights and responsibilities in such contract by Cayuga Green, LLC to Purchaser. D. Paragraph III of this Agreement entitled "Parking" shall survive the closing of this transaction. The parties shall enter into an Agreement containing these conditions, which shall be recorded concurrently with the deed. IV. PARKING GARAGE. The Cayuga Garage was opened to the public in June 2005. The term of the Air Rights Lease between Seller and CDP, owner of the Cayuga Garage, extends through November 30, 2043. IURA has no current plans to discontinue use of the Cayuga Garage after expiration of the Air Rights Lease. The Cayuga Garage was designed for a minimum 50-year design life with proper maintenance and repair. The Indenture of Trust governing bonds issued to finance construction of the Garage mandates establishment of a Long-Term Maintenance Fund to be maintained at $500,000 and held by the Trustee throughout the life of the bonds scheduled to mature in 2030. V. TIME OF THE ESSENCE. Seller and Purchaser mutually agree that time is of the essence as regards this Agreement. In the event that any of the contingencies set forth herein are not satisfied within the prescribed time period, this Agreement shall be null and void unless Seller extends or waives in writing any unsatisfied Seller contingency or Purchaser extends or waives in writing any unsatisfied Purchaser contingency. Purchaser's $20,000 payment upon execution of this Agreement shall be governed by the provisions of paragraphs II and VII of this Agreement. VI. NO TAX ABATEMENTS. Purchaser hereby agrees that it will not seek tax abatements of real property taxes for this project through the Tompkins County Industrial Development Agency. Concurrently with the closing of the conveyance of the Premises to Purchaser, Purchaser shall enter into a payment in lieu of tax ("PILOT") agreement with Seller which provides that, in the event that all or part of the premises become tax exempt in the 40-year period from the date of the closing for any reason other than as a result of Empire Zone (or successor zone)tax abatements, Purchaser shall make payments in lieu of property taxes ("PILOT" payments) to all taxing jurisdictions in the same amount as the property taxes that would have been payable if the property had not become tax exempt, and the amount paid will increase each year in the same manner and proportion as if the premises were taxable. This provision shall apply to all successors and assigns of Purchaser, who shall be required to enter into a PILOT Agreement with the same terms as set forth above, with the following exception: A natural person or persons who purchase two (2) or fewer condominiums or cooperative apartments on the Premises shall not be obligated to enter into a PILOT Agreement or make PILOT payments; such obligation shall arise upon the purchase of a third condominium or cooperative apartment by such natural person at any time. The PILOT agreement referred to herein shall be recorded concurrently with the Deed. VII. PURCHASE PRICE: The purchase price shall be$280,000.00, payable as follows: A. Purchaser shall pay the sum of$20,000.00 in certified U.S. funds upon execution of this Agreement. This payment shall be non-refundable in the event that the Seller does not meet all the contingencies set forth in paragraph II above by December 31, 2013. B. Purchaser shall deliver to Seller, at closing, an executed promissory note and a mortgage(s) for the unpaid portion of the purchase price in a form acceptable to Seller. For the first twelve months after closing, interest shall accrue on the full outstanding balance at a rate of 4.0% per annum and be paid monthly. At the end of the twelve-month period,the principal balance shall be amortized over a period of fourteen (14) years at an interest rate of 4.0% per annum. Purchaser shall pay all mortgage taxes. C. Seller agrees to subordinate its mortgage lien position to the Project's primary lender(s), which shall be defined as any lender making a construction/permanent loan with an initial principal balance exceeding$260,000, except that such subordination shall not apply to any loan from individual members of Purchaser or any lender for which 15% or more of the lender's stock or ownership interest is owned by Purchaser or a member of Purchaser. Vill. DOCUMENTS: Seller is required to furnish a warranty deed with lien covenant containing a description of the premises to be conveyed to Purchaser as shall be accepted and approved by Purchaser's attorney;tax searches; an instrument survey dated no less than six months prior to the closing; an abstract of title searched by a reputable title company at least forty years back to a warranty deed, all to the time of closing, all showing good and marketable title, free and clear of all liens and encumbrances, except customary utility easements common to similar properties and other easements of record acceptable to Purchaser. Seller shall cause all required searches, documents and certifications herein to be delivered to Purchaser's attorney at least fifteen (15) days prior to closing. Purchaser shall pay all closing costs (regardless of whether such costs are customarily paid by the seller), including, but not limited to, abstract fees, survey costs, recording fees,transfer tax, mortgage tax, fees for tax and other searches and certificates and Seller's legal fees. Seller's legal fees to be paid by Purchaser shall not exceed $6,000, and shall be based on actual hourly expenses incurred. IX. ENVIRONMENTAL LIABILITY: A. It is hereby acknowledged by the parties that Seller has provided to Purchaser the Phase I Environmental Site Assessment prepared by the Chazen Companies, dated October 2002, and the Phase II Environmental Site Assessment prepared by The Chazen Companies, dated January 2003, which identify known or potential areas of contamination below an excavation depth of twelve feet below grade. B. The parties anticipate that, if there is no excavation deeper than eight feet below grade, the risk of uncovering or disturbing any potential environmental contaminants is minimal. C. Purchaser agrees to make best efforts to avoid any known contamination by designing the foundation of any structures on the Premises to avoid known areas of possible contamination and further agrees to reasonably attempt to avoid any environmental hot spots or contamination in the course of construction. Purchaser agrees to limit its construction on the Premises to a depth of no more than eight feet below grade, with the exception of piles which may be driven below eight feet (without excavation at depths greater than eight feet). D. Provided that Purchaser complies with the provisions of paragraph IX C above, and in the event that subsurface environmental contamination pre-existing the conveyance to Purchaser is discovered in the course of Purchaser's construction of buildings on the Premises in the areas of petroleum impact to, or contamination of, groundwater identified in the Environmental Site Assessments referred to in paragraph IX A above, and further testing is required, Seller hereby agrees to reimburse Purchaser for the cost of any required testing and remediation of such environmental contamination, up to the amount of Fifty Thousand Dollars ($50,000.00). Purchaser shall supply reasonable documentation from qualified professionals showing the necessity, extent and cost of testing and remediation. This provision shall survive the closing. X. ADJUSTMENTS: All taxes and assessments are to be adjusted as of the date of closing. All assessments levied prior to the date of closing shall be paid by Seller at or prior to closing. XI. INSPECTION AND ACCESS TO PREMISES: Purchaser and its agents and representatives shall have the right of inspection of the Premises pursuant to this Agreement upon reasonable notice. XII. EXECUTION OF AGREEMENT: This offer to Purchaser contained herein shall be null and void if this Agreement is not executed by Purchaser and remitted to Seller within 30 days of execution by Seller. XIII. CLOSING: Closing shall not take place until all Contingencies have been satisfied. Closing is to take place at the office of the Ithaca Urban Renewal Agency no later than February 28, 2014. XIV. ASSIGNMENT: Except as expressly permitted below, Purchaser shall not assign or otherwise transfer this Agreement or any part thereof or interest therein, or permit the same to be assigned or otherwise transferred. Seller acknowledges and agrees that Purchaser will assign this Agreement to an entity to be formed having the same principals as Cayuga Green II, LLC, upon submission to Seller of the following information: A. The name and address of the assignee, its certificate of incorporation and by- laws if a corporation, or its articles of incorporation and operating agreement if a limited liability company. B. Identification of the assignee's Board of Directors, if any, Managing Member if any, and all persons or entities with 15%or more ownership interest in the assignee. XV. BINDING EFFECT OF AGREEMENT: This agreement shall be binding upon the heirs, executors, administrators, and assigns of the parties hereto. PURCHASER: CAYUGA GREEN II, LLC By: Bloomfield/Schon + Partners, LLC, Member Dated: / l1 By: N e: J Ner4 C. SC-140a 'Title: Managing Member, Bloomfield/Schon + Partners, LLC SELLER: ITHACA URBAN RENEWAL.AGENCY Dated: f ` By: , n Name: Sv me L. Myrick Title: Chairperson SCHEDULE A The below-described premises are designated as "Parcel D" in conformation with a survey map entitled "Boundary Map Showing Property Bounded North by East Green Street, South by East Clinton Street, West by South Cayuga Street and Southeast by Six Mile Creek, Designated for a Proposed Project 'Cayuga Green at Six Mile Creek', City of Ithaca, Tompkins County, New York," dated November 20, 2003 and revised on December 5, 2005, January 2, 2007, October 18, 2007 November 24, 2009 and January 22, 2010, labeled as job number S02- 530, prepared by T.G. Miller, P.C., Engineers and Surveyors. Said map is hereinafter referred to as "the Survey Map." PARCEL D BEGINNING at a point which is the following bearing and distances from the intersection of the east line of South Cayuga Street and the north line of East Clinton Street; thence north 87 degrees 35 minutes 39 seconds east a distance of 126.65 feet to a point; thence north 87 degrees 35 minutes 39 seconds east a distance of 13.56 feet to a point; thence on a curve to the right, with a chord bearing of north 9 degrees 19 minutes 43 seconds east, a chord distance of 68.15 feet, a radius of 464.26 feet and an arc distance of 68.22 to the POINT OF BEGINNING; thence South 87 degrees 20 minutes 51 seconds West a distance of 22.65 feet to a point; thence North 02 degrees 27 minutes 06 seconds West a distance of 207.08 feet to a point; thence South 87 degrees 32 minutes 54 seconds West a distance of 5.08 feet to a point; thence North 02 degrees 30 minutes 08 seconds West a distance of 26.93 feet to a point; thence North 87 degrees 35 minutes 39 seconds East a distance of 185.11 feet to a point; thence South 48 degrees 20 minutes 47 seconds West, a distance of 28.36 to a point; thence on a curve to the left, said curve having a chord bearing of South 41 degrees 07 minutes 00 seconds West, a chord distance of 78.19 feet, a radius of 344.16 feet and an arc distance of 78.36 feet, to a point; thence on a curve to the left, said curve having a chord bearing of South 24 degrees 38 minutes 47 seconds West, a chord distance of 178.90 feet, a radius of 464.26 feet and an arc distance of180.02 feet, to the point and place of beginning, containing 0.449 acres of land. SUBJECT to the following: 1. Restrictive covenants running with the land, contained in a Deed from the Ithaca Urban Renewal Agency to the City of Ithaca dated July 13, 1976 and recorded in said Clerk's Office on July 13, 1977 in Liber 558 of Deeds at page 672. 2. Restrictive covenants running with the land, contained in a Deed from the Ithaca Urban Renewal Agency to the City of Ithaca dated July 13, 1977 and recorded in said Clerk's Office on July 13, 1977 in Liber 558 of Deeds at page 684. 3. A right of way reserved to the City of Ithaca to enter upon lands contained within the boundary lines of Six Mile Creek to make excavations, remove gravel and other material from the creek bed, erect walls and embankments, etc., as granted by instrument of Salem Twist, et. al. dated August 8, 1906 and recorded in the Tompkins County Clerk's Office on January 31, 1907 in Liber 166 of Deeds at page 163. 4. A right of way to the Grantor and the City of Ithaca across Parcel B and the 8 foot wide right of way along the northerly boundary of parcel D for access to Parcel C as shown on the Survey Map. 5. A right of way to the Grantor, its successors and assigns across Parcel B and the 8 foot wide right of way along the northerly boundary of Parcel D for access to Parcel E as shown on the Survey Map, 6. An easement to the City of Ithaca to maintain underground electric lines and conduits and an underground transformer for the benefit of Parcel A and Parcel C, along with the right to enter the Premises to maintain such lines and conduits. The location of the lines, conduits and transformer are shown on Sheet E-2 of the Construction Drawings for the Cayuga Garage, dated May 2, 2003. The drawings show the transformer as above ground, but it was installed underground. 7. An easement to the City of Ithaca to maintain the existing telecommunications conduit and telecommunications line in the conduit within the above-referenced eight foot right of way, for the benefit of the City and Parcel A, along with the right to enter the Premises to maintain such conduit and cable. 8. Right of way for ingress and egress conveyed by instrument by and between the Ithaca Urban Renewal Agency and D.M. Abbot Investors Corporation dated May 17, 1967 and recorded in said Clerk's Office in Liber 469 of Deeds at page 25. 9. A temporary construction and access easement granted to Community Development Properties Ithaca, Inc. by instrument of Ithaca Urban Renewal Agency, dated of even date herewith, until June 1, 2005 or until completion of construction of a parking garage on the premises shown as "Parcel A" on the Survey Map, whichever date is sooner, for staging of construction equipment and supplies and access to and from said Parcel A. TOGETHER WITH: 1. A right of way for ingress and egress conveyed by instrument by and between D.M. Abbott Investors Corp. and the Ithaca Urban Renewal Agency dated November 24, 1967 and recorded in said Clerk's Office on January 21, 1969 in Liber 479 of Deeds at page 640. 2. An easement in common with others over the premises shown as "Parcel B" on the Survey Map for ingress from and egress to South Cayuga Street. TOGETHER WITH AND SUBJECT TO THE FOLLOWING: 1. An Easement over an area referred to on the Survey Map as "A proposed easement for continued placement of the foundation caps of the garage, maintenance of the garage and its foundation caps and ingress and egress to maintain the garage and its foundation caps, to benefit the owners and tenants of Parcel A and the air rights above Parcel A." 2. An easement over the area on the Survey Map labeled "A proposed easement for construction, ingress, egress and use to benefit Parcel D". 3. These easements shall be subject to the following conditions (The easement area referred to in paragraph 1 above, together with that portion of the easement referred to in paragraph 2 above which extends between the garage building on Parcel A and the proposed building on Parcel B are collectively referred to herein as "the Easement Area"): a. Purchaser shall be responsible for maintenance, repair, and safeguarding of the Easement Area against unauthorized access and trespass. Purchaser shall install gates from the north and south ends of the building to be constructed on Parcel D to the easterly wall of the Cayuga Garage. The Easement Area will be subject to the easements referred to in this Schedule A. b. Purchaser shall maintain the Easement Area in conformance with the conditions of site plan development approval. c. Purchaser may install utilities and recycling containers in the Easement Area, subject to the easements referred to in this Schedule A. 1n d. Upon Purchaser's failure to meet the requirements of paragraphs (a) and (b) above, the IURA may fence off and safeguard the Easement Area. Purchaser may have access to and use the Fenced Area for egress only in compliance with the New York State Building Code, but shall not be entitled to use the area for any other purpose. j:\staff\nels\iura\city\cayuga green\phase ii\property dispositions\parcel d\2013\caygrnsaleagr-parcel d 2013 draft#2 mg edit clean.doc 11 12. NEW BUSINESS: 12.1 Appointment of Marriage Officer— Resolution WHEREAS, the Mayor's Office received a request to appoint Marcia Fort as a Marriage Officer in order to perform a wedding ceremony for a special couple, and WHEREAS, Ms. Fort meets the requirements of the New York State Domestic Relations Law for being appointed as a Marriage Officer for the City of Ithaca; now, therefore, be it RESOLVED, That Marcia Fort be designated as a Marriage Officer through the month of May, 2014. 14. MAYOR'S APPOINTMENTS: 14.1 Reappointment to Bicycle Pedestrian Advisory Council — Resolution RESOLVED, That Jan Schwartzberg be reappointed to the Bicycle Pedestrian Advisory Council with a term to expire December 31, 2016.