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HomeMy WebLinkAbout07-02-14 Common Council Meeting Agenda1 OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, July 2, 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 Public Hearing Regarding Proposed City of Ithaca Local Law Authorizing the Creation of a Stormwater Utility and the Establishment of a Stormwater User Fee 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: City Administration Committee: 8.1 Cable Access Oversight Committee - Adoption of the 2015 Public, Education, and Government (PEG) Access Studio Budget - Resolution 8.2 City Attorney — Request Budget Amendment for Contractual Outside Legal Services - Resolution 8.3 Endorsement of Forestry Master Plan and Arboriculture Guidelines - Resolution 8.4 Youth Bureau — College Discovery Program 2014 Budget Amendment - Resolution 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Disposition of 707 East Seneca Street A. Declaration of Lead Agency — Resolution B. Reconsideration of Environmental Significance — Resolution C. Adoption of Ordinance 9.2 An Ordinance to Amend The City of Ithaca Municipal Code, Chapter 325, Entitled "Zoning" To Make Non-Substantive Revisions to §325-45, entitled "Collegetown Area Form Districts" 9.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, entitled "Zoning", Article IV, Section 325-11 entitled "Cluster Subdivision Development" to establish the Planned Unit Development Zoning District (PUD) (Industrial Zones Only) A. Declaration of Lead Agency — Resolution B. Determination of Environmental Significance — Resolution C. Adoption of Ordinance Common Council Meeting Agenda July 2, 2014 Page 2 10. CITY ADMINISTRATION COMMITTEE: 10.1 Addition to Common Council Rules of Procedure - Resolution 10.2 Chamberlain — Request to Waive Penalty on Taxes - Resolution 10.3 A Resolution Authorizing the Issuance of $147,700 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of the Purchase and Installation of Pedestrian Countdown Timers, in and for said City 10.4 A Resolution Authorizing the Issuance of An Additional $3,800,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Reconstruction of the Ithaca Commons Pedestrian Mall, in and for said City. 10.5 A Resolution Authorizing the Issuance of an Additional $740,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Investigation and Remediation of the Ithaca Falls Overlook Site, in and for said City 10.6 A Resolution Authorizing the Issuance Pursuant to Section 90.00 or Section 90.10 of the L ocal F inance L aw of Refunding Bonds of the C ity of Ithaca, Tompkins County, New York, to be Designated Substantially "Public Improvement Refunding (Serial) Bonds", and Providing for Other Matters in Relation Thereto and the Payment of the Bonds to be Refunded Thereby. 10.7 City Controller's Report 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14. MAYOR'S APPOINTMENTS: 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 June 4, 2014 Regular Common Council Meeting Minutes — Resolution Common Council Meeting Agenda July 2, 2014 Page 3 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, City Clerk Date: June 26, 2014 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Access Oversight Committee - Adoption of the 2015 Public, Education, and Government (PEG) Access Studio Budget - Resolution WHEREAS, the Franchise Agreement between Time Warner Entertainment and the City of Ithaca signed in 2003 authorizes Time Warner Entertainment- Advance/Newhouse Partnership to collect $.15 per subscriber per month to be used for the purchase of equipment for the public, educational, and governmental (PEG) Access Studio, and WHEREAS, the total budget for the life of the 10-year agreement was estimated to be $200,000, and WHEREAS, the Franchise Agreement outlines the creation of an Access Oversight Committee that shall be responsible for approving the timing, use, and amount of PEG access equipment acquired each year over the term of the agreement, and WHEREAS, the Access Oversight Committee has approved a 2015 annual budget in the amount of $30,000, and WHEREAS, the Franchise Agreement states that participating municipalities, including the City of Ithaca, must adopt the annual PEG Access Studio Budget by June 30 of the preceding year; now, therefore be it RESOLVED, That Common Council adopts the 2015 PEG Access Studio Budget as approved by the Access Oversight Committee at its regular meeting on May 5, 2014. BACK-UP ITEM 8.1 Resolution Passed by Cable Access Oversight Committee — 5/5/14 WHEREAS, Section 15.12 of the Franchise Agreement between the City of Ithaca and Time Warner Entertainment-Advance/Newhouse Partnership (TWC) of January 2003 requires the participating municipalities (City of Ithaca, Town of Ithaca, Village of Cayuga Heights) to provide TWC with an annual budget for public, educational and governmental access operations by June 30 of each calendar year, and WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Access Oversight Committee (AOC) to provide the participating municipalities with a recommended annual budget by May 31 of each calendar year; now therefore be it RESOLVED, that the AOC accepted the attached budget for Fiscal Year 2015 in the amount of $30,000.00 at their regular meeting of May 5, 2014, and BE IT FURTHER RESOLVED, that the AOC forwards its recommendations for approval by the Common Council of the City of Ithaca, the Town of Ithaca Board and the Village of Cayuga Heights Board of Trustees, so that they may meet their obligation to provide TWC with an annual budget for public, educational and governmental access operation, which budget is due June 30 of each calendar year. -------------------------------------------------------------------------------------- Budget for Fiscal Year 2015 Budget $30,000.00 Description: The PEGASYS studio has a great deal of equipment that is 10-17 years old, and will need replacement as it fails. This might include studio cameras [$10,000 each], camera cabling [$2,000 each] and the studio special effects generator/video switcher [$30,000), the studio audio system ($5,000), and any other equipment and associated items that the Access Oversight Committee deems necessary for the proper functioning of the PEGASYS Studio. TOTAL $30,000.00 8.2 City Attorney — Request Budget Amendment for Contractual Outside Legal Services - Resolution WHEREAS, as part of the 2014 authorized budget we placed $30,000 in Restricted Contingency for outside legal services for the Attorney's Office, and WHEREAS, the Attorney's Office contractual account, which had $20,000 will be fully expended within a month and is in need of further funds to continue contracts with specialized outside legal services; now, therefore be it RESOLVED, That Common Council hereby transfers an amount not to exceed $30,000 from restricted Contingency Account A1990 to account A1420-5435 Attorney's Office Contractual for the purposes of contracting with outside legal services for the remainder of 2014. 8.3 Endorsement of Forestry Master Plan and Arboriculture Guidelines - Resolution WHEREAS, the City of Ithaca has a progressive, proactive and comprehensive urban Forestry Program, which has been awarded Tree City Recognition for more than 25 years and the Tree City Growth Award for more than 15 year, and WHEREAS, the City of Ithaca places a high value on the health of the urban forest and all the environmental, cultural and economic benefits it provides to the city and its residents, and WHEREAS, the City of Ithaca has had a Forestry Master Plan which was last updated in 1996, and WHEREAS, the City of Ithaca Shade Tree Advisory Committee (STAG) with guidance from the City Forester has recently updated the forestry master plan to include analysis of the city street tree inventory as well as recommended arboricultural guidelines, and WHEREAS, this analysis shows a steady increase in the quality and health of our urban forest and will help to inform future decision making within the urban forestry program., and WHEREAS, these guidelines will help to guide work involving city trees being done by city staff as well as private entities working on or near city trees. These guidelines include specifications for protecting trees during construction, site preparation for new planting sites, appropriate tree spacing and planting techniques and proper construction of tree lawns, tree pits and parking lot planting islands. These specifications will ensure survival of existing trees and establishment and success of newly planted trees; now, therefore be it RESOLVED, That Common Council acknowledges the time and effort that was committed to the revision of the Master Plan, Inventory & Guidelines for Public Trees put forth by city staff and STAC, and be it further RESOLVED, That Common Council endorses the document "Ithaca's Trees: Master Plan, Inventory & Arboricultural Guidelines for the Public Trees of the City of Ithaca, New York. 8.4 Youth Bureau — College Discovery Program 2014 Budget Amendment - Resolution WHEREAS, the College Discovery Program summer programming includes college trips, and WHEREAS, the Ithaca Youth Bureau has received cash donations to cover the cost of said trips; now therefore be it RESOLVED, That Common Council hereby amends the 2014 Youth Bureau Budget as follows: Increase revenue: A7310-2070-1240 CDP Contributions $3,530 Increase expenses: A7310-5120-1240 CDP Part time/Seasonal $2,550 A7310-5460-1240 CDP Program Supplies $550 A7310-9030 FICA/Medicare $195 A7310-9040 Workers' Compensation 235 $3,530 th -ko Bur®Q& Ithaca Youth Bureau �� • 1 James L. Gibbs Drive 0 Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273 2817 "Building a foundation for a lifetime." To: City Administration Committee From: Karen Friedeborn, Youth Program Administrator Re: Youth Bureau Budget Amendment Date: June 13, 2014 The College Discovery Program has received a cash donation to cover the cost of the 2014 CDP summer college tours. We would like to transfer funds from ECHO for the trips and amend the 2014 Youth Bureau budget as follows Increase revenue: A7310-2070-1240 CDP Contributions $3,530 Increase expenses: A7310-5120-1240 CDP Part time/Seasonal $2,550 A7310-5460-1240 CDP Program Supplies $550 Fringe Benefits $430 Total $3,530 Thank you. "An Equal Opportunity Employer with a commitment to workforce diversification." 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Disposition of 707 East Seneca Street A. Declaration of Lead Agency — Resolution WHEREAS, the City of Ithaca Common Council is considering sale of vacant property located at 707 E. Seneca Street, Ithaca, NY (tax parcel #68.-2-9.2) for the highest marketable price, and WHEREAS, as proposed, the Ithaca Urban Renewal Agency will act as agent for the City of Ithaca to market the property for sale through a real estate broker for the highest marketable price, and WHEREAS, the proposed sale of an approximately 7,128 square foot parcel of land is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed sale of vacant property located at 707 E. Seneca Street, Ithaca, NY (tax parcel #68.-2-9.2) for the highest marketable price. B. Revised Environmental Determination — Resolution WHEREAS, the City of Ithaca Common Council is considering sale of vacant property located at 707 E. Seneca Street, Ithaca, NY (tax parcel #68.-2-9.2) for the highest marketable price, and WHEREAS, as proposed, the Ithaca Urban Renewal Agency will act as agent for the City of Ithaca to market the property for sale through a real estate broker for the highest marketable price, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance ("CEQR") and an Unlisted Action under the State Environmental Quality Review Act ("SEQR"), both of which require environmental review, and WHEREAS, on May 14, 2014, the Planning & Economic Development Committee ("PEDC") reviewed a Short Environmental Assessment Form ("SEAF") for the proposed action and determined that the project will result in no significant impact on the environmental, and approved disposition of City-owned property at 707 E. Seneca St., and WHEREAS, after the May PEDC meeting, new information became available resulting in preparation of a revised SEAF, and WHEREAS, minutes of the Common Council and Board of Public Works from 1982 suggest that the City intended to use the newly acquired 707 E. Seneca Street property for public open space, therefore the revised SEAF identifies the proposed action as having an "effect on existing or future recreational opportunities", which triggers the requirement for a Full Environmental Assessment Form ("FEAF"), and WHEREAS, a FEAF and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a revised Short Environmental Assessment Form, Part 1 and Part 2, and the Full Environmental Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed sale of vacant City-owned property located at 707 E. Seneca Street, Ithaca, NY (tax parcel #68.-2-9.2) for the highest marketable price will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act, and be it further RESOLVED, That the Planning & Economic Development Committee reaffirms its May 14, 2014 action to authorize disposition of property located at 707 E. Seneca Street (tax map # 68.-2-9.2). C. Disposition of City-Owned Property at 707 E. Seneca Street Ordinance 2014- WHEREAS, the City of Ithaca Common Council is considering sale of tax parcel #68.-2- 9.2 located at 707 E. Seneca Street, Ithaca, NY ("Property") for the highest marketable price, and WHEREAS, as proposed, the Ithaca Urban Renewal Agency (IURA) will act as agent for the City of Ithaca to market the Property for sale through a real estate broker for the highest marketable price, and WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real property at the highest marketable price, and WHEREAS, the 2014 City budget includes projected revenues of $197,000 from the sale of surplus City properties, and WHEREAS, the Property is assessed at a value of $100,000, and WHEREAS, the Property is vacant except for abandoned playground equipment installed at the rear of the property prior to City acquisition in 1982, which equipment is only accessible only via an unsafe, crumbling set of concrete stairs, and WHEREAS, the approximately 7,128 square foot Property is a conforming lot located within the R-3a zoning district which permits single-family or multi-unit residential development, and WHEREAS, the Property is located in the East Hill Historic District, where any new construction requires a certificate of appropriateness issued by the Ithaca Landmarks Preservation Commission, and WHEREAS, the Property is appropriate for in-fill residential development, which would enhance the residential character of the neighborhood, eliminate a City maintenance responsibility and increase City revenues, and WHEREAS, future use of the Property for a parking use without new residential development would not fully achieve public goals for use of the property, and WHEREAS, a deed restriction could prevent use of the Property for parking without new residential construction on the site, and WHEREAS, on November 5, 2012, the Board of Public Works determined that the Property is surplus for public works purposes, and WHEREAS, the City Charter requires approval by 3/4s of the Common Council to authorize sale of real property, and WHEREAS, the City Charter further requires notice of a proposed sale to be published no less than once each week for three weeks, the first such notice being published no less than 30 days prior to the approval vote; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council makes the following findings of fact: a. The Property is surplus for municipal purposes. b. The Property is appropriate for in-fill residential development, which would enhance the residential character of the neighborhood, eliminate a City maintenance responsibility, and increase City revenues. Section 2. Authorization for Disposition. a. The Common Council authorizes disposition of the Property for the highest marketable price, subject to a restriction against use of the property for parking without new residential construction on the Property. The Mayor, subject to advice of the City Attorney, is authorized to execute agreements to implement this resolution, including but not limited to a real estate brokerage agreement, a purchase and sale agreement, and conveyance of deed. b. The Ithaca Urban Renewal Agency (IURA) is authorized to act as agent for the City to market the Property for sale through a real estate broker. Expenses of the IURA directly associated with marketing and sale of the property shall be reimbursed from proceeds from the property disposition. Section 3. Effective Date. This ordinance shall take effect immediately. Affidavit of Publication y -7 i State of New York ss: Tompkins County Cindie L.Day being duly sworn,deposes and says that she is the Executive Assistant in the City Clerk's Office,and that a notice,of which the annexed is a true copy,was published in The Ithaca Journal,the City of Ithaca!s Official SARAH L. MYERS New paper,on i"Ic.tiry Pl State of New York Registration No.4974948 -7 (j-uailfied in Tompkins County ,ommission Expires Nov.26,20 and that the first publication of said notice was on GZ.IJ , 14 ILI on the parcel, Written comments may be' Sub b?Wo e men Section C.36(40)of the City sent to Common Council, Charter requires notice of a c/o City Clerk.City of Ithaca, proposed sale to be publish- 108 E Green Street,Ithaca. ed at least once each week,NY 14850, For more Infor., for three weeks the first matlon contact Nels Bohn at such notice being published(607) 274.6547 or M no less than 30 days prior to neisb@cityofitheca.org. the approval vote, At least a 641,6/7;6/14/2014 e/4 vote of the full Common 'Council is needed to apped rFesta Ptibi(cNotios' tale of City-owned rest as-,' Us 0- city of Ithacatale,which sale is subject fuir-1r excerf Ralf tot praposed Sale of thor to permissive referen;" mr L siun:ftaa-ti.. cit).Nnad Real Estate dun. The proposed said Thff tY P na Gimner-4r: i 707 E.Seneca Street 4ck co n-'.be submitted to voters 'I. =n ads mpp. t1,0. The City of Ithaca Common Public Notice 'of the City upon a'petfllcm be-, CR—no rut Council a'considering thei City of Ithaca mg submitted to the,City j-­e2tqle'-�-grM g- -7 E_ proposed sale of City-owned Proposed Sale of Clerk that is sighed by regls- S r!r A"n I S-MeL kFana, NV real estate located at 707 Eal City-owned Real IRS40- tared voters of the City equal; U=ar i ill &21:1-ur S OMM,NV 707 E.Seneca Street number to at least 10%of h-: grim4uld, (taxan, P in The City of Ithaca Common the total number of votes, a flit for: the hlgfiesGrtarketetile prbe, Council is.considering the cast in the City at the last; y mune a t Mk subject to a restriction pr6posecasle of City-owned preceding general election: Fez` against future use of-(he' real estate located at 107 E.The petition must be submit. --ta. tr ffir property for parking without Seneca Street, Ithaca, NY led to the City Clerk prior to E-a'.rr, dental construction e ,new,res, (tax parcel # 61 for Common Council action to on the parcel. the highest marketable price,authorize the sale, The Com-. RM..Dl 0.,A I Secill n C-36(40)of the City; subject 10 a, restriction Mon'Council is scheduled to; ad 96B h:-----raft"R.=_ Charter requires notice of a, against -.future use of"the consider this matter at their- Ahtaiilcq��t_"�h proposed sale to be publish- property for parking without July 2,2014 maptIno. i ti n me I WVP ed at least once,each week new residential construction for three weeks, the,first rin Idw-E[Fa-V-1 gg­q m_r k, such notice,being published ei�a no less than 30Aays prior to I 1�vote of IF approval vote!-At least a a V�Y the.,of the full Common &B ai.0. Councills needed to approve --i m_i g R.11 a L,Y&A U, tale,of City-owned real.as, 2014 hw W IMM1a F6,01V tite,which safe is subject fur-, craacr—_ ga- ther to permissive referen. to,, , dum. - The proposed sale Nan'awrlAma shall be submited i I of the City upon a petition be=t -ing submitted to the City t erag ,%,Qerk that is signed by negis.''( tared voters of"the City equal bar teft= In number to at least 10%of the total number of votes pane cast in theCity at the lest' preceding general election.' ............. M to The petition must be submii wran .............. kK IM—P na. gth City Clerk d r to eCouncl,e,acp o, M! .1hil ter 0 1 the tic -ii Eei ts�: o�: n to W. ankh1 6 the sale,The Com- it 6noil is scheduled to _U 74his matter at their 1011y a4mmareh -RV L 6 201 4 meeting. genr b Quardri, Cn,_- Viltte-4,comments may be A CIL Ith C ft%L_: sent to� Common ouncil, �-c/o City Clerk,City of Ithaca, Fbr gas z :A hd Scii E.Green Street,Ithaca, HGtt 40 1M : Bt L 1:1 mm_7­` '611, f48M For more Infor- 9 'rrwcrrcortact Nels 8olm_et''. gial Will UP" (607) 274.6547 or at 8131,6/7.6/14/2014 2-0,14 cc 14t 2 014 CITY SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information, To be completed by applicant or project sponsor. Date: 5/7/14 1. Applicant/Sponsor: 2, Project Name: City of Ithaca Common Council Disposition of 707 E. Seneca Street for the highest marketable price 3. Project Location: 707 E. Seneca Street 4. Is Proposed.Action: X New o Expansion o Modification/Alteration 5. Describe project briefly: Disposition of surplus City-owned vacant property located at 707 E.Seneca Street(tax map parcel#68.-2-9.2) for the highest marketable price 6. Precise Location (Road Intersections, Prominent Landmarks, etc. or provide map) 707 E. Seneca Street, Ithaca, NY 14850 Located between Stewart Avenue and Quarry Street 7. Amount of Land Affected: Initially 7,128 Sq. Ft. Ultimately 7,128 Sq. Ft. 8. Will proposed action comply with existing zoning or other existing land use restrictions? X Yes o No If No, describe briefly: R-3a 9. What is present land use in vicinity of project: X Residential o Industrial o Agricultural o Parkland/Open Space o Commercial o Other Describe: Residential neighborhood in East Hill Historic District 10. Does action involve a permit/approval, or funding now or ultimately, from governmental agency (Federal, State or Local): X Yes o No If Yes, List Agency Name and Permit/Approval Type: City of Ithaca Common Council approval for conveyance 11. Does any aspect of the action have a currently valid permit or approval? o Yes X No If Yes, fist Agency Name and Permit/Approval Type: 12. As a result of proposed action will existing permit/approval rccllnrc modification? o Yes X No I certify that the information provided above is 'ue to the hest of my knowledge. PREPARER'S 'SIGNATURE: DATE: May 14, 2014 PItEPARER'S TITLE: Nels Bohn, Ila A Director of Community development IT-flRESENTING: City of Ithaca j:\community develop inentldisposifi= 07 a senecalseaf part i-707 e seneca st 5-14-14,doc SHORT ENVIRONMENTAL ASSESSMENT FORM Part Ili To Be Coml2leted By Staff REVISED.5/22/14 Name of Project; Disposition of Surplus City-Owned property at 707 E. Seneca Street (tax map parcel #68.-2-9.2) Yes No 1. Will project result in a large physical change to the project site or physically alter 0 ■ more than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any ❑ ■ site designated a unique natural area or critical environmental area by a local or state agency? 3. Will the project alter or have any effect on ail existing waterway? 0 ■ 4, Will the project have an impact on groundwater duality? 11 ■ 5. Will the project affect drainage flow on adjacent sites? 1 ■ 6, Will the project affect any threatened or endangered plant or animal species? ❑ ■ 7. Will the project result in an adverse effect on air duality? ❑ ■ S. Will the project have all effect on visual character of the cornmUnity or scenic views 0 ■ or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic,prehistoric,or ❑ ■ paleontological importance or any site designated a local landmark or in a landmark district? 10. Will the project have an effect on existing or future recreational opportunities? ■ ❑ 11. Will the project result in traffic problems or cause a major effect to existing ❑ ■ transportation systems? 12. Will the project cause objectionable odors,noise, glare, vibration, or electrical 11 ■ disturbance as a result of the project's operation during construction or after completion? 13. Will the project have any impact on public health or safety? ❑ ■ 14. Will the project affect the existing community by directly causing a growth in ❑ ■ permanent populations of more than 5 percent over a one-year period OR have a negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the pro ect? ❑ 0 If any question has been answered YES,a completed hull Environmental Assessment Form(DEAF) is necessary. PREPARER'S SIGNATURE: DATE: 5/22/14 PREPARER'S TITLE: Nels Bohn, Ill A ire or of Community Development REPRESENTING;. City of Ithaca j:lcommunity developmentldisposition007 a senecalseaf part ii-707 e, seneca street-5-21-14 revisedAoc 17.s FF,tt �1��. CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: This Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a proposed action that are subiective or immeasurable. It is also understood those who determine significance may have little or no formal knowledge of the environment or may not he aware of the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured the determination process has been orderly,comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. FEAF Components: Part 1: Provides objective data and information about a given action and its site. By identifying basic project data, it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identities whether an impact can be mitigated or reduced. 11art 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS Identify the portions of FEAF completed for this action: Part I ®Part 2 LPart 3 Upon review of the information recorded on this FEAF(Parts,2,and 3,if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact,it is reasonably determined by the Lead Agency that: FX-]A. The Proposed Action will not result in any large and important impact(s)and will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL BE PREPARED. ❑B. Although the proposed action could hive 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 RE PREPARED. �C. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment;therefore,A POSITIVE DECLARATION WILL DF PREPARED. »A Conditioned Negative Declaration is only valid for Unlisted Actions. Name of Action: Disposition of City-Owned Property at 707 E.Seneca Street Name of Lead Agency: City of Ithaca Common Council Name and Title of Responsible Officer in Lead Agency: Nels Bohn, IURA Director of CD Signature of Responsible(?ffi� r in Lead gency: }i' s r ��`�" L LJI Signature of Prepater: I Date: May 22,2014 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART 1—PROJECT INFORMATION (prepared by project sponsor/applicant) NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the FEAF will depend on information currently available and will not involve new studies, research, or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action: Disposition of City-Owned Property at 707 E. Seneca Street Location of Action: 707 E. Seneca Street, Ithaca, NY Name of Applicant/Sponsor: City of Ithaca Address: 108 E. Green Street City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: (607) 274-6550 Name of Owner (if different): Same Address: City/Town/Village: State: ZIP: Business Phone: Description of Action: Disposition of property located at 707 E. Seneca Street (tax map parcel #68.-2-9.2) for the highest marketable price, subject to a restriction against use of the property for a parking use without new residential construction. 2 Please complete each question (indicate N/A, if not applicable). A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: o Urban � Industrial ❑ Commercial FEI]Public [EI]Forest Agricultural F Other: 2. Total area of project area: acres 7,128 square feet(Chosen units apply to following section also.) Approximate Area (Units in Question 2 apply to this section.) Currently [After Completion 2a. Meadow or Brushland (non-agricultural) �❑ 2b.Forested 2c. Agricultural 2d. and [as per Article 24 of Environmental Conservation Law(ECL)] 2e. Water Surface Area 2L Public 7,128 0 2g. Water Surface Area 5.Unvegetated (rock, earth, or fill) 2i. Roads, buildings, and other paved surfaces 2j. Other(indicate type) 3a. What is predominant soil type(s) on project site(e.g., HdB, silty loam, etc.): urban fill 3b. Soil Drainage: L Well-Drained % of Site X Moderately Well-Drained 100 % of Site Poorly Drained %of Site 4a. Are there bedrock outcroppings on project site? QYes LKNo ❑N/A 4b. What is depth of bedrock? 1 -4 (feet) 4c. What is depth to the water table? 8+ (feet) 5. Approximate percentage of proposed project site K 0-10% 80 % X 10-15% 20 % with slopes: ❑ 15% or greater % 6a. Is project substantially contiguous to, or does it Yes LKNo /A contain a building, site or district, listed on or eligible for the National or State Register of Historic Places? 6b. ...Or a designated local landmark or located in a Yes ❑No []N/A local landmark district? 7. Do hunting and/or fishing opportunities currently ❑Yes [i�]No ❑N/A If yes, identify each species: exist in the project area? 3 SITE DESCRIPTION concluded 8. Does project site contain any species of plant ❑Yes L% No L]N/A and/or animal life identified as threatened or endangered? According to: Identify each species: 11 9. Are there any unique or unusual landforms on the Yes LKNo L]N/A project site(i.e., cliffs, other geological formations)? Describe: 10. Is project site currently used by the community or Yes L]No []N/A neighborhood as an open space or recreation area? If yes, explain: Site is publicly owned. Front of site is maintained as a mowed grass lawn with a concrete walkway leading to the rear of the site. The walkway leads to abandoned and crumbled, unsafe stairs leading to a lower terrace where various playground equipment remains from the prior school use of the property prior to 1982. The lower terrace is not maintained for safe public use. Empty wine and beer bottles suggest site is used for consumption of alcohol. 11. Does present site offer or include scenic views []Yes N% No F�N/A known to be important to the community? Describe: 12. Is project within or contiguous to a site ❑Yes L%No FN/A designated a Unique Natural Area(UNA) or critical environmental area by a local or state Describe: agency? 13. Streams within or contiguous to project area: a. Names of stream(s) or name(s) of river(s) to which it is a tributary: NA 14. Lakes,ponds, or wetland areas within or a. Name(s): NA contiguous to project area: b. Size(s) (in acres): 15. Has site been used for land disposal of solid []Yes FWJNo FIN/A and/or hazardous wastes? Describe: 16. Is the site served by existing public utilities? Yes ONo QN/A a. If Yes, does sufficient capacity exist to allow connection? Yes ONo L]NUA b. If Yes, will improvements be necessary to Yes FX0No []N/A allow connection? 4 B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project(fill in dimensions as appropriate): None la. Total contiguous area owned by project sponsor in acres: or square feet: 7,128 lb.Project acreage developed: 0 Acres initially: 0 Acres ultimately: 0 lc. Project acreage to remain undeveloped: 7.128 SF 1d.Length of project in miles (if appropriate): NA or feet: le. If project is an expansion, indicate percent of change proposed: NA lf. Number of off-street parking spaces existing: 0 proposed: 0 lg. Maximum vehicular trips generated (upon completion of project)per day: 0 and per hour: lh.Height of tallest proposed structure in feet. 0 lj. Linear feet of frontage along a public street or thoroughfare that the project will occupy? 54 2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: 0 or added to the site: 0 3. Specify what type of vegetation(trees, shrubs, ground cover) and how much will be removed from the site: acres: 0 type of vegetation: 4. Will any mature trees or other locally important vegetation be removed for this project? No 5. Are there any plans for re-vegetation to replace vegetation removed during construction? No 6. If single-phase project, anticipated period of construction: 8 months (including demolition) 7. If multi-phased project, anticipated period of construction: months (including demolition) 7a. Total number of phases anticipated: 1 7b.Anticipated date of commencement for first phase: Sept month 2014 year (including demolition) 7e. Approximate completion date of final phase: April month 2015 year. 7d.Is phase one financially dependent on subsequent phases? ❑®Yes nNo�/A S. Will blasting occur during construction? FE3JYes MNo❑% N/A If yes, explain: F9,7Number of jobs generated during construction: 0 After project is completed: 0 10.Number of jobs eliminated by this project: 0 Explain: 11. Will project require relocation of any projects or facilities?❑Yes �o❑N/A If yes, explain: 112a. Is surface or subsurface liquid waste disposal involved? Yes o ON/A; if yes, explain: 12b. If 412a is yes, indicate type of waste (sewage, industrial, etc): 12c. If surface disposal, where specifically will effluent be discharged? 13. Will surface area of existing lakes,ponds, streams, or other surface waterways be increased or decreased by proposal? DYes �o UN/A If yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100-ye�floo plain? MYes M% No ON/A 5 PROJECT DESCRIPTION concluded 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, or Silver Creek? (Circle all that apply.) 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 of the ECL? OYes �o ON/A; 114d. If#14a.,b., or c. is yes, explain: 15a. Does project involve disposal of solid waste? [3Yes MNo ON/A 115b. If#15a. is yes, will an existing solid waste disposal facility be used? OYes r]No ON/A 15c. If#15b. is yes, give name of disposal facility: and its location: 15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? []Yes MNo E3N/A If yes, explain: 15e. Will any solid waste be disposed of on site? DYes o ON/A If yes, explain: 16. Will project use herbicides or pesticides? ❑Yes �o ON/A If yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district? OYes o MN/A; if yes, explain: 18. Will project produce odors? EE o M/A If yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? Yes �o ON/A After construction?DYes ONo UN/A 20. Will project result in an increase of energy use? Yes o ON/A If yes, indicate type(s): 1. Total anticipated water usage per day in gals./day: 0 Source of water: 6 C e ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? OYes �o M/A If yes, indicate the decision required: Zoning Amendment ❑Zoning Variance New/Revision of Master Plan FE-11 Subdivision Site Plan C1 Special Use Permit 0 Resource Management Plan 0 Other: 2. What is the current zoning classification of site? R-3a 3. If the site is developed as permitted by the present zoning, what is the maximum potential development? 4-unit multi-unit residential building 4. Is proposed use consistent with present zoning? IflYes ONo ON/A 5. If 44 is no, indicate desired zoning: 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? NA 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? ❑Yes ONo a/A If no, explain: 8. What is the dominant land use and zoning classification within a '/4 mile radius of the project? (e.g., R-la or R-lb) R-3a 9. Is the proposed action compatible with adjacent land uses? MYes ONo M/A Explain: 10a. If the proposed action is the subdivision of land, how many lots are proposed? NA 10b. What is the minimum lot size proposed? NA 11. Will the proposed action create a demand for any community-provided services? (e.g., recreation, education,police, fire protection, etc.)? DYes o ON/A Explain: If yes, is existing capacity sufficient to handle projected demand? Dyes ONo ON/A Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? OYes �o ON/A If yes, is existing road network adequate to handle additional traffic? DYes �o M/A Explain: 7 A APPROVALS 1. Approvals: Common Council approval requires for disposition of City-owned property 2a. Is any Federal permit required? FYes WNo M/A Specify: b. Does project involve State or Federal funding or financing?C]Yes �o ON/A If Yes, Specify: 2c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council Yes Authorize sale May July Board of Zoning Appeals (BZA) No Planning& Development Board No Ithaca Landmarks Preservation Commission (ILPC) Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) 8 E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. if there are or may be any adverse impacts associated with your proposal, pleaso discuss such impacts and the measures which you propose to mitigate or avoid them. Imp4ct on open Space and Recreation !Question#121 On 5/12/14,Alderperson Brock provided copies of historical minutes of the Common Council and Board of Public Works regarding City acquisition of 707 E. Seneca Street from the Ithaca Board of Education in 1982. The attached minutes suggest that the City intended to use the property for a public open green space use. Disposition of the property will eliminate use of 707 E.Seneca Street for public open space. Based on this information,the preparer has identified that the proposed action would have a"small-to- moderate impact" on open space and recreation because the.sale of the property would foreclose future use of the site for public recreational and open space use. The existing public recreational use of the site appears to be very modest. The property is not included on the City of Ithaca Parks Inventory. On 1/10/12 the City of Ithaca Parks Commission resolved that the property is not needed in order to serve park purposes and recommended sale of the parcel. The current state of the property offers only a low-quality recreational and open space experience as the rear of the site is not safely accessible due to complete deterioration of the concrete stairs. Remnant playground equipment from the prier school use is not maintained for safe use and the area is overgrown and littered from parties held at an adjacent apartment building with a porch overlooking the site. The front portion of the site is maintained as a mowed grass lawn and offers a small, mid-block open green space between two residential apartment buildings. It appears that two surface parking spaces used by tenants at an adjacent apartment building encroach onto 707 E.Seneca Street. Developing the site for a higher quality recreational and open space will require significant investment and on-going maintenance. Currently,the City incurs expense for maintenance of the property without a commensurate public benefit. F. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Mane; Nels Rohn - Signature: Title: IURA Dire for of Community Development :� es+exxs'es� �'r:°edc�"tx rs'rx END OF PART I xx�c�r3rxxx:c7r7c7c��F�c�lc�c 9 CITY ATTORNEY'S REPORT: Af( crman Ranfield asked the status of Like Cornell. Ilri ghl_s cs,se and City Attorney Tavelli informed him the case is ..till pondi.ng, will not be resolved tniti1 1983. At Alderman. Killedn's request, City Attorney 'ravel1i axpl.ained the problem caused by redistricting. He said 1►e, the County Attorney and the hoard of Elections will have discussions to resolve the problem. Alderman Cl,ynes asked the status of the problem concorni.ng Conran and City Attorney Tavelli replied that lie had ►drittrn to Conrail explaining that Council had passed a resolution asking that tlic problent he looked into. fie has not yet had any response from Conrail. and if lie doesn't f►ear within the next few slays he. will :follow rip on i.hn nraat:ter. PLANNING AND DEVELOPMENT Ct]MMITTfFF: By idle xiikan Dennis: Seconded by Alderman Myers tYllERFAS, the Planning F Development Committee has rovinwed the options available to the City concerning the Fall Creel: hydropower plant, and WHEREAS, the Committee believes it most approprin to to pursue City control of the hydropower plant; NOW, THEREFORE, BE I'r RESOLVED, That Common, coiuici.l authorize the Planning Ii Development Department to pursue City control. df the hydropower plant., and BE 1T FURTHER RESOLVED, That the Budget and Admini.st.rntion Committee be directed to take up the question of authorization of funds for the hiring of an engineering consultant firm to i.ni.tincc preparation of the C ty of Ithaca license application. Discussion followed on the floor. A vote: on the resolution resulted as follokrs: Ayes (9) - Hoffman, Killeen, Schuler, Dennis, Mycrs, Clyncs, Schl tither, Holman, Holdsworth Nay (T) - Banfield East Hill Park By Alderman Dennis: Seconded by Alderman Schu]cr 1111FREAS, the Fast Hill Civic Association has long petitioned the City of Ithaca to provide open space in the ];Fist hall. area, and h'lIr—R✓AS, there exists a small tract of land now owned by 'the City of Ithaca School District, which lies between Seneca Street and the old cast hill School , !grill IVIIiiRCAS, the School District has etipressed n wi I d ingness to sell such land to the City for one dollar, and WHEREAS, the Ithaca Urban Renewal agency has allocated certain fu►tds for the improvement of that land; NOW, THEREFORE, BF IT RF.SOLVFD, That the Common Council, upon recotu- mendation of the Planning l'i Development Committee and the Budget fr Administration Committee, direct and authorize the Mayor and City Attorney to take all ne4assary steps to acquire the nbove described ]rind from the City of Ithaca School District. Discussion followed on the floor. A vote on the resolution resulted as follows; Carried Unanimously InLer overrimental Relations K-lcerman Denn s commented that he didn't have u resolution for dais item. The committee talked] about it two weeks provious; .there was a resolution from one member of the committee who would like to dis- cuss it. i _,d_ June 23, 1981 �vote on yr IS RI:SOt;V[!D, '11tat August 11, 1982 at 4:0 -tablishe ate f' public hearing on sidewalks, at which time the o%mers of property receiving a Ayes notice will be given an opportuntiy to show cause before this Board of public the sidewalk abutting their premises should not be reparied by the City at 0e, expense and the expense thereof collectcd in accordance with Section 5.30 of .Bids _ N. City Charter. } i,�r Discussion followed on the floor. RHOLVED, N. Tioga S A vote on the resolution resulted as follows: Carried as possibl 17startimoarsly Acquisition of Propertr on East Seneca Street Away of B Cohn. rown reportedthat erman u er ias requested the Board of Public MTJ to acquire a parcel of property that is available to the City frorn the Ithaca AdJ%is tment District which is located on East Seneca Street. 'The matter has been brought discussion by the Planning and Development Committee of Connnon Council who hark Resolution expressed their support for this acquisition, and the Board has indicated to 0 Schuler that acquiring this green space will incur additional budgetary casts FN VED,a operation and maintenance. to sct ssion Resolution y rt�A'n: Seconded by Comm. Sturtevant Npa anent 1t 0LV6, That the Hoard of Public Works authorize the City Attorney to final to t lk Lc negotiations with the Ithaca Hoard of Education to acquire this property for A Volc on SUM. of $1.00, and I'f IS IURTiIER M,%LVED, That the Mayor be authorized t.o accept the necessary fi. CE I as approved by the City Attorney for this acquisition. t A vote on the resolution resulted as follows: nm. 1+ PESO am, Ayes (4) - Brown, Sturtevant, 5chickel, Shaw Abst act: i Nay (1) - Walker aft a IVat Carried - IT I 1'11R'1 Transfer of Funds TryConlin. Brown: Seconded by Come. Sturtevant RESOLVED, That the Common Council transfer $8,500 from Capital Account 11-890R a Sewer Lines, to Account [1-89O-190, South Aurora Street and prospect StreetI Nnenclment said east to cover construction of a sanitary smier main which was part nr the _ y�O�1� co�nstructian contract recently list, but which funding for had not been cent Arrestor the original project estimate. funds and Carried Unanimovsiy Invoice—V. Giordano Construction and Suppl Cads . 8i IT n1R` y orrsn. rotor: Secon e y conmt. Sturtev7rtt Parts 4 Sr 1tF.S{1LVEU, 71tat an invoice from V. Giordano Construction trtncl Supply Corp., in Discussiat Mount of $6,791.32 for the general construction of the C'iss Park Lobby Pip project be approved. vote on Discussion followed on tine floor. PARKING 7' A vote on the resolution resulted as follows: aw asra f,ElrriC'411,117.ulianotasly , t r411tfi Li1L Increase of Estimate--Plclarland Johnson isn�ineers Inc. It is the (omm. Brat47t t'eporte t ctt a requcsk IMS been received frorn McFarlat7cl-Jo1��isan. Engineers, Inc., to increase the estimate .for engineering fees in cornnectiun I fltat preliminary plans mid contract doctanenty for the N.'rioga street Bridge reply, of 5: from $25,200 to $7.9,9O0. It is their contention thUt much more detailed eng has been required for the surrounding area in order to increase the bridgecly That over the stream. Dearb Resolution `Ilsat 1y 'corms. irot,m Seconded byy Comm. Walker i IT-SOLVED, 'that the request be approved. Resolutio p omrn, UiscaLeiOlt followed ors the floor. }lfSOlVl.fy, I I I CITY OF ITHACA PARKS COMMISSION RESOLUTION —January 10, 2012 Recommendation for the Sale of Surplus City Land - Parcel 68.-2-9.2 — 700 Block, East Seneca Street WHEREAS, the City of Ithaca owns parcel 68.-2-9.2 located on the south side of the 700 block of East Seneca Street, and WHEREAS, the aforementioned parcel was obtained by the City as an opportunity to acquire green space, and WHEREAS, the aforementioned parcel has not been developed or maintained or designated as park, and WHEREAS, members of the Parks Commission have witnessed the continuous shrinking of city resources including reduced budgets and reduced staff, resulting in a lack of maintenance and little to no improvements in our City parks, and WHEREAS, members of the Parks Commission are in favor of reducing the number of properties the city must maintain and putting properties back on the tax roles, and WHEREAS, the Superintendent of Public Works has indicated that this parcel is not currently used in any way for City public works functions or purposes, and that he does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and WHEREAS, on November 16, 2011, the Board of Public Works determined that the aforementioned property is not needed for City of Ithaca public works purposes and recommended that the Common Council consider the sale of parcel 93.-7-3, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose, and WHEREAS, continued City ownership of this parcel requires that the City incur expense for maintenance, without the generation of revenue (e.g., in the form of property taxes) from it, now therefore be it RESOLVED, that the City of Ithaca Parks Commission hereby determines that the aforementioned property is not needed in order to serve a park purpose, and be it further RESOLVED, that the Parks Commission hereby recommends the sale of parcel 68.-2-9.2, located on the 700 block of East Seneca Street in the City of Ithaca. Moved by Hobbie Seconded by Vandermark In Favor: Hobbie, Klein, Krall, Moudry, Vandermark, Against: 0 Abstain: 0 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. Date Created: 5/22/14 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? ❑ Yes ®No Any construction on slopes of 15% or greater(1 5-footrise per 100 feet of length) or where general slope in the project ❑ ❑ ❑ Yes [:] No exceeds 10%. Construction on land where depth to the water table is less ❑ ❑ [:]Yes ❑ No than 3 feet. Construction of parking facility/area for 50 or more vehicles. ❑ ❑ [:] Yes ❑ No Construction on land where bedrock is exposed or generally ❑ ❑ [:] Yes No within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve ❑ ❑ [:]Yes No more than one phase or stage. Evacuation for mining purposes that would remove more than ❑ ❑ [:]Yes No 1,000 tons of natural material (i.e., rock or soil) per year. Construction of any new sanitary landfill. ❑ ❑ ❑ Yes ❑ No Construction in designated floodway. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ [:] Yes [:] No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? ❑ Yes ® No Specific land forms (if any): ❑ ❑ ❑ Yes ❑ No 1 of 11 5/22/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. Date Created: 5122/14 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? ❑ Yes ® No Developable area of site contains protected water body. ❑ ❑ [:] Yes ❑ No Dredging more than 100 cubic yards of material from channel ❑ ❑ ❑ Yes ❑ No of protected stream. Extension of utility distribution facilities through protected ❑ ❑ [:] Yes ❑ No water body. Construction in designated freshwater wetland. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4. Will project affect any non-protected existing or new body of water? ❑Yes ® No A 10% increase or decrease in surface area of any body of ❑ ❑ ❑ Yes ❑ No water or more than 10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that ❑ ❑ ❑ Yes ❑ No exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, ❑ ❑ ❑ Yes ❑ No Cayuga Lake, or Cayuga Inlet? Other impacts (if any): ❑ ❑ ❑ Yes [:] No 2of11 5/22/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. Date Created: 5/22/14 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 5. Will project affect surface or groundwater quality? ❑ Yes ® No Project will require discharge permit. ❑ ❑ ❑ Yes ❑ No Project requires use of source of water that does not have ❑ ❑ ❑ Yes ❑ No approval to serve proposed project. Construction or operation causing any contamination of a ❑ ❑ ❑ Yes ❑ No public water supply system. Project will adversely affect groundwater. ❑ ❑ ❑ Yes ❑ No Liquid effluent will be conveyed off the site to facilities which ❑ ❑ ❑ Yes ❑ No do not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of ❑ ❑ ❑ Yes ❑ No 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an ❑ ❑ ❑ Yes ❑ No obvious visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical ❑ ❑ ❑ Yes ❑ No products greater than 1,100 gallons. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 3of11 5/22/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. Date Created: 5/22/14 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? ❑ Yes ® No Project would impede floodwater flows. ❑ ❑ ❑ Yes ❑ No Project is likely to cause substantial erosion. ❑ ❑ [:] Yes ❑ No Project is incompatible with existing drainage patterns. ❑ ❑ ❑ Yes ❑ No Other impacts(if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON AIR 7. Will project affect air quality? ❑ Yes ® No Project will induce 500 or more vehicle trips in any 8-hour ❑ ❑ [:] Yes No period per day. Project will result in the incineration of more than 2.5 tons of ❑ ❑ [:] Yes No refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million ❑ ❑ ❑ Yes ❑ No BTUs per hour. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4of11 5/22/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. Date Created: 5122114 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? ❑ Yes ® No Reduction of any species, listed on New York or Federal list, ❑ ❑ [:] Yes ❑ No using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife ❑ ❑ [] Yes ❑ No habitat. Application of pesticide or herbicide more than twice a year ❑ ❑ [:] Yes ❑ No other than for agricultural purposes. Other impacts (if any): ❑ ❑ [] Yes ❑ No 9. Will proposed action substantially affect non-threatened or non-endangered species? ❑ Yes ® No Proposed action would substantially interfere with any ❑ ❑ ❑ Yes ❑ No resident or migratory fish, or wildlife species. Proposed action requires removal or more than '/acre of ❑ ❑ ❑ Yes ❑ No mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 5of11 5/22/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. Date Created: 5/22/14 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? [:] Yes ® No Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current ❑ ❑ [:] Yes ❑ No surrounding land use patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or ❑ ❑ ❑ Yes ❑ No significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening ❑ ❑ [:] Yes No of scenic views known to be important to the area. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? ® Yes ❑ No Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the ❑ ❑ [:] Yes ❑ No National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located ❑ ❑ [:] Yes No within the project site. Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a ® ❑ [—] Yes ® No landmark district. Other impacts (if any): ❑ ❑ [:] Yes ❑ No 6of11 5/22/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. Date Created: 5/22/14 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces, or recreational opportunities? ® Yes ❑ No The permanent foreclosure of a future recreational ® ❑ [:] Yes ® No opportunity. A major reduction of an open space important to the community. ❑ ❑ [:] Yes ❑ No Other impacts (if any): ❑ ❑ [:] Yes ❑ No IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? ❑ Yes ❑ No Proposed action to locate within a UNA or CEA? ❑ ❑ [:] Yes [:] No Proposed action will result in reduction in the quality of the ❑ ❑ [:] Yes ❑ No resource. Proposed action will impact use, function, or enjoyment of the ❑ ❑ ❑ Yes ❑ No resource. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 7of11 5/22/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. Date Created: 5122/14 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? ❑ Yes ® No Alteration of present patterns of movement of people and/or ❑ ❑ [:] Yes ❑ No goods. Proposed action will result in major traffic problems. ❑ ❑ ❑ Yes ❑ No Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? ❑ Yes ® No Proposed action causing greater than 5% increase in any ❑ ❑ Yes ❑ No form of energy used in municipality. Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- ❑ ❑ ❑ Yes ❑ No or two-family residences. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 8of11 5/22/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. Date Created: 5/22/14 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during construction of, or after completion of, this proposed action? ❑ Yes ® No Blasting within 1,500 feet of a hospital, school, or other ❑ ❑ ❑ Yes ❑ No sensitive facility? Odors will occur routinely (more than one hour per day). ❑ ❑ ❑ Yes ❑ No Proposed action will produce operating noise exceeding local ❑ ❑ ❑ Yes ❑ No ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act as ❑ ❑ ❑ Yes ❑ No noise screen. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? ❑ Yes ® No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, ❑ ❑ ❑ Yes ❑ No radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Proposed action may result in burial of"hazardous wastes" in any form (i.e., toxic, poisonous, highly reactive, radioactive, ❑ ❑ ❑ Yes ❑ No irritating, infectious, etc.) Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of ❑ ❑ ❑ Yes ❑ No solid or hazardous wastes. Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, ❑ ❑ [:] Yes ❑ No radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). 9of11 5/22/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. Date Created: 5/22/14 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON PUBLIC HEALTH (cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. ❑ ❑ [:] Yes [] No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any ❑ ❑ ❑ Yes ❑ No residential, commercial, or industrial property in excess of 30,000 square feet. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? ❑ Yes ® No The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human ❑ ❑ [:] Yes ❑ No population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of ❑ ❑ ❑ Yes ❑ No this proposed action. Proposed action will conflict with officially adopted plans or ❑ ❑ ❑ Yes ❑ No goals. Proposed action will cause a change in the density of land ❑ ❑ ❑ Yes ❑ No use. Proposed action will replace or eliminate existing facilities, ❑ ❑ ❑ Yes ❑ No structures, or areas of historic importance to the community. Development will create demand for additional community ❑ ❑ [:] Yes [:] No services (e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future ❑ ❑ ❑ Yes ❑ No actions. Proposed action will relocate 15 or more employees in one or ❑ ❑ ❑ Yes ❑ No more businesses. 10 of 11 5/22/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2® Project Impacts Project Name: Disposition of City-Owned Property at 707 E. Seneca St. Date Created: 5122114 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 19. Is there public controversy concerning the proposed action? ❑ Yes ❑ No ❑ Unknown — If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3 — 11 of 11 5/22/2014 9.2 An Ordinance to Amend The City Of Ithaca Municipal Code, Chapter 325, Entitled "Zoning" To Make Non-Substantive Revisions to §325-45, entitled "Collegetown Area Form Districts" WHEREAS, following the adoption of the Collegetown Area Form Districts in March 2014, staff identified several non-substantive revisions that should be made to the ordinance, and WHEREAS, the proposed revisions would correct small inconsistencies and clarify the intent of various regulations; now, therefore, ORDINANCE NO. 2014- 6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows: Section 1. Chapter 325, Section 325-45.2D(1) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: • Building heights in the CR and MU districts are regulated using feet and stories. A table illustrating the range of height appears below: MAX. & MIN. HEIGHT IN STORIES & FEET Max. Min. Max. Min. District Stories Stories Feet Feet CR-1 3* 2 35' 4$ 20' CR-2 3* 2 35' 4-9! 20' CR-3 3* 2 35' 4$' 20' CR-4 4 2 45' 4-W 20' MU-1 5 3 70' 30' MU-2 6 4 80' 45' *Top Story Limitation — A habitable 3rd story in CR-1, CR-2, and CR-3 districts must be fully contained within a pitched roof. Section 2. Chapter 325, Section 325-45.2E(1), Section 325-45.2E(2), and Section 325- 45.2E(3) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: MIN OFF-STREET PARKING 1. Residence a. Up to 3 bed or sleeping rooms per dwiq. unit 1 space b. 4 and 5 bed or sleeping rooms per dwiq. Unit 2 spaces c. Each add'I bed or sleeping room per dwiq. Unit 1 space 2. Home occupation 1 space See §325- 3. Other uses 20D(3)(b) Section 3. Chapter 325, Section 325-45.2F(1) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: MIN OFF-STREET PARKING Buildings that fully comply with the New York State Building Code or Residential Code for new construction: None, provided that a transportation demand management plan is accepted by the Planning and Development Board during site plan review. All other structures: 1. Residence a. Up to 3 bed or sleeping rooms per dwiq. unit 1 space b. 4 and 5 bed or sleeping rooms per dwiq. Unit 2 spaces c. Each add'I bed or sleeping room per dwiq. Unit 1 space 2. Home occupation 1 space See §325- 3. Other uses 20D(3)(b) Section 4. Chapter 325, Section 325-45.3A of the Municipal Code of the City of Ithaca is hereby amended to read as follows: District Permitted Primary Use CR-3 By Special Permit of Board of Zoning Appeals: 11. Bed and Breakfast Homes and Inns 12. Cemetery and related buildings 13. Hospital or sanatorium 4444R 14. 4-5-.— Neighborhood Commercial Facility see §325-3 15. 4&-. Public utility structure except office 16. 4-7� Schools (all) and related buildings C R-4 By Special Permit of Board of Zoning Appeals: 11. Bed and Breakfast Homes and Inns 12. Cemetery and related buildings 13. Hospital or sanatorium 44—. 1PA 14. 4-5— Neighborhood Commercial Facility see §325-3 15. 4-6, Public utility structure except office F 6. 4� Schools (all) and related uildings Section 5. Chapter 325, Section 325-45.3B(1) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: Within the MU-2 district, active uses are required on the entire street-level of all buildings fronting on those portions of College Avenue, Dryden Road, and Eddy Street designated on the map below. Section 6. 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 7. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 1TFI CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH,DIRECTOR OF PLANNING&DEVELOPMENT a� PHYLLISA A. DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT �0'pOR�fEn� Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 IT T T T T T BACK-UP ITEM 9.2 TO: Planning&Economic Development Committee U T T U �rom: Megan Wilson,Planner U TT T Pate: June 4, 2014 JiE:d ProposedcNon-SubstantivecRevisionsdodhecCollegetownd readFormcDistrictsd .I, T T T T T T T T T T T T T T Followi�ig the adoptionrof the Gplleg Town YearFormrD�trigs in Mach 2014&taffTidentifiedT several npn-subttantiverrevisipns that shoul+ bormade jo Ahe ad?ptrd zoning. The prftposedT revisions wouy correcttrrTll.Iinconsisltencies and clarify the intent of various regulations. These recommended Tvili ns are as,I£)Uys: T T T TTT T T T T T • Cortect the lmeecimum Pfd minimur h*ht fable (pg. to mike the mi"nfbeights fors the residenxlial districts consistent with the minimum height requirements in the district regulaynsr T T T T T T T T T T T T T • Re+ejherteyjp 4 the gnin-rnyff-street Larking requifementsffoyhe CR kistrils ipgs. 10,T 12, 14,,# 18) tofclarifyfthtt thefresidential requirement applies per dwelling unit, as in other zonin*s1PctsrwVyhe q'y. T T T T T T TT T T TT • Revise tlf teylt of�he "Use 'able". pg.J8)foVerrr ttfd primaryluseslin 0A 3 and f R-4 toT combile Ifd and Breakfast Home and Inn to make it consistent with other zoning districts within f iePy.T T T T T T T TT T TT T TT • Revise tlf text Aff"Street-Level Aftive Yset If quired" pg. 31) tV cl ri£�that an active useriST regyired.?n the entire street-level story for all buildings fronting on the highlighted street on T the map. T T TT T T T T T T T T T T Attacked p1 aFf findla dr-fft ordigance end tht revised �ollegetowftAta Florm Districtsfdocufnent T dated JuVe 4, 2014,,thatffurther dptailthoe proppsid revisionsT In Ithe ICol�getovfn Aret Formu Districtsrdocument, * revisions can be fouq in higl+*tedrtext opf tke pages notedrabove.0 Because f e re+oT are nod-ybstantivegthis proposays not subject to e"nmcptalfrevigw-T Staff WPattefd the Plan+rf &TEconpmic I1evelcpment Cony-aitteeImeetipg up June 11I.201 f toT answer any questions' T .riff you Thave any questions, feel free to contact me at jjawilson(kcityofithaca.org or 274-6560. T } BUFFALO 6 1f. .--. 1 ■ � LU COOKST §325-45 COLLEGETOWN AREA FORM DISTRICTS DRAFT 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. June 4,2014 Collegetown Area Form Districts DRAFT E Other Applicable Sections The following sections of Chapter 325 shall apply in the CR and MU districts.Those sections of Chapter 325 not listed below do not apply within the CR and MU districts. (1) §325-2. Statutory authority,and purpose. (2) §325-3. Definitions,and word usage,except as modified in g 325-45.2 (B),Definitions and Related Standards. (3) g 325-4.Establishment of districts. (4) g 325-5.Zoning Map. (5) g 325-6. Interpretation of boundaries. (6) g 325-7.Application of regulations. (7) g 325-8. District regulations. (8) g 325-9. Standards. (Special Permits) (9) g 325-10.Accessory Apartments. (10) g 325-14.Application. (11) g 325-15. Use regulations. (12) g 325-16. Height regulations,except as expressly modified in this section. (13) g 325-17.Area regulations. (14) g 325-18.Yard regulations. (15) g 325-20. Off-street parking. (16) g 325-23. General standards applying to all land uses. (17) g 325-25.Location of accessory structures. (18) g 325-26.New structures along streams or inlets. (19) g 325-29.Landmarks. (20) g 325-29.1.Adult uses. (21) g 325-29.3. Dumpsters. (22) ARTICLE VA.Telecommunications Facilities,and Services. (23) ARTICLE VI.Nonconforming Uses,Buildings,and Lots. (24) ARTICLE VII.Administration and Enforcement. (25) ARTICLE IX.Amendments. (26) ARTICLE X. Penalties. © Collegetown Area Form Districts June 4,2014 DRAFT 325-45.2 District Standards A. Establishment of Districts Six zoning districts are established for the Collegetown area.These districts are as follows: Abbreviation District CR-1 Collegetown Residential 1 CR-2 Collegetown Residential 2 CR-3 Collegetown Residential 3 CR-4 Collegetown Residential 4 MU-1 Mixed Use 1 MU-2 Mixed Use 2 B. Definitions and Related Standards The definitions of§325-3 shall control,except where a definition is provided below. (1) Blank Wall (a) Length of blank wall area means a portion of the exterior facade of the building that does not include: windows or doors;columns or pilasters;other articulation greater than 12 inches in depth;or a substantial material change(paint color is not considered a substantial change). (b) Maximum length of blank wall applies in both a vertical and horizontal direction on street-facing facades. The shortest dimension of any rectangular area of blank wall shall not exceed the maximum length for the district(8'in all Collegetown Residential districts and 12'in both Mixed Use districts). F7M 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. June 4,2014 Collegetown Area Form Districts DRAFT (4) Doors and Entries (a) An entrance providing both ingress and egress,operable to residents or customers,is required to meet the street-facing entrance requirements.Additional entrances off another street,pedestrian area or internal parking area are permitted. (b) The entrance spacing requirements must be met for each building. (5) Front Porches (a) A front porch must be a minimum of 6 feet deep,not including steps. (b) A front porch must cover at least 33%of the street-level story facade width of the building. (c) A front porch must be roofed and edged by balustrades(railings) or low walls,and posts that extend up to the roof. The entire front porch must be of open air construction with all exterior faces being at least 50% open. YI �I al �I WMin 33% I I I I I I I I I 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 June 4,2014 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. June 4,2014 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 June 4,2014 DRAFT D. Maximum Height (in stories) Map — LU 3 6 � 4 3 �•. E BUFFALO ST I LJLL3j i 6 MAP D YDEN RD z ESENECAST, M/; ARVARD pL W in 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 ITCMELL 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' 20' CR-2 3* 2 35' 20' CR-3 3* 2 35' 20' CR-4 4 2 45' 20' MU-1 5 3 70' 30' MU-2 6 4 80' 45' *Top Story Limitation-A habitable 3rd story in CR-1,CR-2, and CR-3 districts must be fully contained within a pitched roof. June 4,2014 Collegetown Area Form Districts DRAFT THIS PAGE LEFT INTENTIONALLY BLANK Collegetown Area Form Districts June 4,2014 DRAFT E. Collegetown Residential (CR-1, CR-2, CR-3) 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 MITCHELL ST O pitched roofs,ensure that new construction is in RSr E Ls 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. June 4,2014 Collegetown Area Form Districts DRAFT (1) Collegetown Residential 1 (CR-1) LOT CRITERIA SITING LOT SIZE PRINCIPAL BUILDING Area,min Front setback,min 10, 1. One-family detached dwelling 4,000 sf Side setback,min 5' 2. Other uses 5,500 sf 20'or 20% Rear setback(whichever is less),min of lot depth Width at street line,min 1. One-family detached dwelling 45' Spacing between primary structures on 20' 2. Other uses 50' same parcel,min LOT COVERAGE ACCESSORY STRUCTURE 0 Lot coverage by buildings,max 30% 0 Side setback,min 5' ( Green space,min 35% © Rear setback,min 5' Square footage of footprint,max 500 sf MIN OFF-STREET PARKING 1. Residence PARKING LOCATION a.Up to 3 bed or sleeping rooms per 1 space : 0 Garage setback from front facade,min 20' dwlg. unit Q Parking setback at front b.4 and 5 bed or sleeping rooms per 2 spaces facade dwlg. unit c. Each add'l bed or sleeping room 1 space per dwlg.unit 2. Home occupation 1 space 3. Other uses See§325- 20D(3)(b) ' mCollegetown Area Form Districts June 4,2014 DRAFT (1) Collegetown Residential 1 (CR-1) HEIGHT ACTIVATION \ 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 June 4,2014 Collegetown Area Form Districts m DRAFT (2) Collegetown Residential 2 (CR-2) LOT CRITERIA SITING LOT SIZE PRINCIPAL BUILDING Area,min Front setback,min 10, 1. One-family or two-family dwelling 4,000 sf Q Side setback,min 5' 2. Other uses 5,500 sf 20'or 20% Rear setback(whichever is less),min 0 of lot depth Width at street line,min 1. One-family or two-family dwelling 45' Spacing between primary structures 20' 2. Other uses 50' on same parcel,min LOT COVERAGE ACCESSORY STRUCTURE Q Lot coverage by buildings,max 35% Side setback,min 3' Q Green space,min 35% © Rear setback,min 3' © Square footage of footprint,max 500 sf MIN OFF-STREET PARKING 1. Residence PARKING LOCATION a.Up to 3 bed or sleeping rooms per 1 space Garage setback from front facade,min 20' dwlg. unit Q Parking setback at front b.4 and 5 bed or sleeping rooms per 2 spaces facade dwlg. unit c. Each add'l bed or sleeping room per 1 space dwlg.unit 2. Home occupation 1 space 3. Other uses See§325- 20D(3)(b) ® Collegetown Area Form Districts June 4,2014 DRAFT (2) Collegetown Residential 2 (CR-2) HEIGHT ACTIVATION 00 PRINCIPAL BUILDING STREET FACADE Height(stories/feet),max 3/35' Q Length of blank wall,max 8' Height(stories/feet),min 2/20' Habitable space in the 3rd story must be fully DOORS AND ENTRIES contained within the pitched roof. See§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 June 4,2014 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 per 1 space dwlg. unit 0 Garage setback from front facade,min 20' b.4 and 5 bed or sleeping rooms per 2 spaces © Parking setback at front dwlg. unit facade c. Each add'l bed or sleeping room per 1 space dwlg. unit 2. Home occupation 1 space 3. Other uses See 4325- 20D(3)(b) mCollegetown Area Form Districts June 4,2014 DRAFT (3) Collegetown Residential 3 (CR-3) HEIGHT ACTIVATION PRINCIPAL BUILDING STREET FACADE * Height(stories/feet),max 3/35' Q Facade length,max 45' Height(stories/feet),min 2/20' Q Length of blank wall,max 8' Habitable space in the 3rd story must be fully contained within the pitched roof. See§325- DOORS AND ENTRIES 45.2B(11) Functioning entry on the street-facing 1 facade,min ACCESSORY STRUCTURE For corner lots,one functioning entry is required on © Height, (stories/feet),max 2/20' a street-facing facade FLOOR HEIGHT(PRINCIPAL BUILDING) PORCH Street-level(floor to floor),min 9' Front porch Required © 2nd story(floor to floor),min 9' ROOF Pitched roof Required Shed roof not allowed as primary roof Q) Pitch of principal gable,min/max 6:12/12:12 June 4,2014 Collegetown Area Form Districts DRAFT THIS PAGE LEFT INTENTIONALLY BLANK Collegetown Area Form Districts June 4,2014 DRAFT E Collegetown Residential 4 (CR-4) ■ti ■1�■ ' ■ Xgo = Ell L� PURPOSE&INTENT GNSCPD\LLAPL OAK AVE The Collegetown Residential 4 district primarily W$LLIAMS ST contains multi-family dwelling units,and while single-family and two-family residential uses EBUFFALO ST o are permitted,it is expected that multi-family DRVDEN residential will remain the predominant use.The A=- E SENECA ST I _ intent is this will be a medium-densityresidential � - yj� Z ARVARD PL district,consistent with the vision outlined in the CATHERINEST A Collegetown Urban Plan&Conceptual w `A� m 2009 Colle `— g P m a� �.�i Y Design Guidelines to concentrate additional de- COOKST velopment in the central areas of Collegetown. FROSHALLEV %FOQOP` This district serves as an essential bridge,both in �~ ORC�PL'_ density and built form,between the Collegetown Residential 1-3 and Mixed Use districts. Rede- velopment is encouraged,but it is essential that �` -`� �'/�_ — °" Sr �/ _T new construction meet the district requirements HELL to ensure a consistent transition between the H Viewpoint of intent illustration above higher-density and lower-density zoning districts. District regulations permit buildings of up to 4 stories and 45 feet in height;a building must meet both requirements.Maximum lot coverage by buildings is greater than in the Collegetown Residential Districts 1-3 but not as high as al- lowed in the Mixed Use Districts.In terms of form,the district requirements provide prop- erty owners with choices between architectural features intended to create buildings compatible with those in adjacent zoning districts. June 4,2014 Collegetown Area Form Districts m DRAFT (1) Collegetown Residential 4 (CR-4) LOT CRITERIA SITING LOT SIZE PRINCIPAL BUILDING 0 Area,min 0 Front setback,min 10' 1. One-family or two-family dwelling 3,000 sf 0 Side setback,min 2. Multiple dwelling and other uses 3,500 sf 1. Row house 0' Width at street line,min 2.All other structures 5' 1. One-family or two-family dwelling 30' 20'or 20% 2. Multiple dwelling and other uses 40' 0 Rear setback(whichever is less),min of lot depth Spacing between primary structures on 5, LOT COVERAGE same parcel,min Lot coverage by buildings,max 50% ACCESSORY STRUCTURE Green space,min 25% Side setback,min 3' MIN OFF-STREET PARKING Rear setback,min 3' Square footage of footprint per unit, 500 sf Buildings that fully comply with the New York State max Building Code or Residential Code for new construction: None,provided a transportation demand manage- ment plan is accepted by the Planning and Develop- O Garage setback from front facade,min 20' ment Board during site plan review g All other structures: Q Parking setback at front LResidence facade a. Up to 3 bed or sleeping rooms per 1 space Internal or underground parking must be wrapped dwlg. unit by residential on street-facing facades (except for b.4 and 5 bed or sleeping rooms per 2 spaces entries/exits) and may not be visible from a public street. dwlg. unit c. Each add'l bed or sleeping room per 1 space dwlg. unit 2. Home occupation 1 space 3. Other uses See§325- 20D(3)(b) Collegetown Area Form Districts June 4,2014 DRAFT (1) Collegetown Residential 4 (CR-4) HEIGHT ACTIVATION > PRINCIPAL BUILDING STREET FACADE 0 Height(stories/feet),max 4/45' Q Facade length,max 0 Height(stories/feet),min 2/20' 1. Row house 100, 2.All other structures 45' ACCESSORY STRUCTURE Q Length of blank wall,max 8' Height, (stories/feet),max 2/20' DOORS AND ENTRIES FLOOR HEIGHT(PRINCIPAL BUILDING) Q Functioning entry on the street-facing 1 0 Street-level(floor to floor),min 9' facade,min For corner lots,one functioningentry is required on 0 Upper-story(floor to floor),min 9' ry q a street-facing facade ROOF PORCH,STOOP OR RECESSED © Pitched or flat roof Allowed ENTRY O Front porch,stoop or recessed entry required for each functional entry June 4,2014 Collegetown Area Form Districts DRAFT THIS PAGE LEFT INTENTIONALLY BLANK mCollegetown Area Form Districts June 4,2014 DRAFT G. Mixed Use (MU-1, MU-2) '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 brqr-` 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 district permits buildings of up to 5 stories and An objective of both Mixed Use districts is to create an urban form 1 1 feet in height while the Mixed Use district that gives priority to pedestrians and encourages year-round com- allows buildings of up to 6 stories and 80 feet in mercial activity at the street level. Required form elements,such as a maximum distance between entries and a maximum length of height.A building cannot exceed either require- ment.While it may be feasible to design abuild- blank wall,activate the street-level of buildings to engage pedestri- ing with a greater number of stories within the ans through this highly-traveled section of Collegetown.In addi- tion,front setback requirements have been incorporated to ensure maximum allowed height in feet,the intent of the adequate space to provide wider sidewalks,and a safer pedestrian district regulations is to meet both requirements. The additional building height in feet has been environment. A required 10 foot chamfer or additional setback at allowed for the purpose of providing adequate corner lots within the Mixed Use 2 district will allow greater vis- e ibility and natural light at busy intersections. space for mechanicals and accommodating h quality design features and finishes. June 4,2014 Collegetown Area Form Districts DRAFT (1) Mixed Use 1 (MU-1) LOT CRITERIA SITING T LOT SIZE PRINCIPAL BUILDING Area,min 0 Front setback,min 5' 1. One-family or two-family dwelling 3,000 sf Q Side setback,min 5' 2. Multiple dwelling and other uses 3,500 sf 1.Row house 0' Width at street line,min 2.All other structures 5' 1. One-family or two-family dwelling 30' 0 Rear setback,min 10, 2. Multiple dwelling and other uses 40' Spacing between primary structures 5, on same parcel,min LOT COVERAGE 0 Lot coverage by buildings,max 70% ACCESSORY STRUCTURE Q Green space,min 10% Side setback,min 0' Rear setback,min 0' MIN OFF-STREET PARKING Square footage of footprint per unit, 500 sf None max PARKING LOCATION Q Parking setback,from front facade, 30' min Internal or underground parking must be wrapped by residential on street-facing facades (except for entries/exits) and may not be visible from a public street. ® Collegetown Area Form Districts June 4,2014 DRAFT (1) Mixed Use 1 (MU-1) HEIGHT ACTIVATION o / 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 June 4,2014 Collegetown Area Form Districts DRAFT (2) Mixed Use 2 (MU-2) LOT CRITERIA SITING* 0 f LOT SIZE PRINCIPAL BUILDING* Area,min 2,500 sf Front setback,min/max 0'/2' Width at street line,min 25' Side setback,min 0' 0 Rear setback,min 10, LOT COVERAGE 0 Lot coverage by buildings,max 100%,except as ACCESSORY STRUCTURE required for rear yard Side setback,min 0' Q Green space,min 0% Rear setback,min 0' Square footage of footprint per unit, 500 sf MIN OFF-STREET PARKING max None PARKING Q Parking setback,from front facade, 30' min Internal or underground parking must be wrapped by residential on street-facing facades(except for entries/exits)and may not be visible from a public street. *See§325-45.2G(3) Siting Exceptions mCollegetown Area Form Districts June 4,2014 DRAFT (2) Mixed Use 2 (MU-2) HEIGHT ACTIVATION PRINCIPAL BUILDING STREET FACADE 10 Height(stories/feet),max 6/80' Q Glazing,street-level story facade, min 65% 0 Height(stories/feet),min 4/45' Length of blank wall,max 12' ACCESSORY STRUCTURE DOORS AND ENTRIES Height, (stories/feet), max 2/20' Q Distance between functioning street- 60' facing entries, max FLOOR HEIGHT Commercial entries must be functioning and usable Street-level(floor to floor), min 12' during business hours. 0 Upper-story(floor to floor),min 10' ROOF © Flat roof Required June 4,2014 Collegetown Area Form Districts DRAFT (3) Siting Exceptions The siting requirements for the MU-2 district are subject to the following exceptions: (a) In order to accommodate wider sidewalks and create a more pedestrian-friendly environment,a setback of a minimum of 5 feet and a maximum of 7 feet from the property line that abuts Dryden Road is required for all properties on the south side of the 100 and 200 blocks of Dryden Road as designated on the map below. it OPS�PO\`�PP` OAKAVE i w Q r - 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 June 4,2014 DRAFT 325-45.3 Allowed Uses A. Use Table District Permitted Primary Use Permitted Accessory Use CR-1 1. One-family detached dwelling occupied 1. Required off-street parking by: 2. Private garage for not more than 3 cars a. An individual or family or func- 3. Structures for construction purposes,not to remain tional family(see§325-3)plus not more over 2 years than one unrelated occupant,or 4. Sign in connection with permitted use(see Sign b. If dwelling is owner occupied,an Ordinance, Ch.272 City Municipal Code) individual or family plus not more than 5. By Special Permit:Towers or structures for receipt two unrelated occupants or transmission of electronic signals for commercial 2. Church and related buildings purposes or for generation of electricity to be used 3. Public park or playground on the premises where generated in any district 4. Library or fire station (see§325-9).Except for personal wireless services facilities. By Special Permit of Board of Zoning Ap- 6. By Special Permit:An accessory apartment(see peals (§325-9): §325-10).Permit required in all use districts. 5. Cemetery and related buildings 7. Adult day care home 6. Public utility structure except office 8. Home occupations: Special Permits required in 7. Schools (all) and related buildings certain situations (see§325-9C{i}). CR-2 1. One-family detached or semi-detached 1. Required off-street parking dwelling occupied by an individual or 2. Private garage for not more than 3 cars family or functional family plus not 3. Structures for construction purposes,not to remain more than two unrelated occupants over two years 2. Two-family dwelling,each unit of which 4. Sign in connection with permitted use(see Sign may be occupied by an individual or Ordinance, Ch.272 City Municipal Code) family plus not more than two unrelated 5. By Special Permit:Towers or structures for receipt occupants. or transmission of electronic signals for commercial 3. Church and related buildings purposes or for generation of electricity to be used 4. Library or fire station on the premises where generated in any district 5. Public park or playground (see§325-9).Except for personal wireless services facilities. By Special Permit of Board of Zoning Ap- 6. By Special Permit:An accessory apartment(see peals: §325-10).Permit required in all use districts. 6. Bed and breakfast home 7. Adult day care home 7. Cemetery and related buildings 8. Home occupations:Special Permits required in 8. Neighborhood commercial facility(see certain situations(see§325-9COD. §325-3) 9. Nursery school,child day care center, group adult day care facility 10. Public utility structure except office 11. Schools (all) and related buildings June 4,2014 Collegetown Area Form Districts DRAFT District Permitted Primary Use Permitted Accessory Use CR-3 1. One-family detached,semi-detached, 1. Required off-street parking or attached dwelling or two-family 2. Private garage for not more than 4 cars dwelling 3. Structures for construction purposes,not to remain 2. Cooperative household(see 4325-3) over two years 3. Multiple dwelling(see§325-3) 4. Sign in connection with permitted use(see Sign 4. Rooming or boarding house Ordinance,Ch.272 City Municipal Code) 5. Row house,townhouse or garden 5. By Special Permit:Towers or structures for receipt apartment housing or transmission of electronic signals for commercial 6. Church and related buildings purposes or for generation of electricity to be used 7. Library or fire station on the premises where generated in any district 8. Nursery school,child day care center, (see§325-9).Except for personal wireless services group adult day care facilities. 9. Nursing,convalescent or rest home 6. By Special Permit:An accessory apartment(see 10. Public park or playground §325-10).Permit required in all use districts. 7. Adult day care home By Special Permit of Board of Zoning Ap- 8. Home occupations: Special Permits required in peals: certain situations(see 5325-9C{i}). 11. Bed and Breakfast Home and Inns 9. Neighborhood parking area subject to regulations of 12. Cemetery and related buildings §325-20(B) 13. Hospital or sanatorium 14. Neighborhood commercial facility(see 4325-3) 15. Public utility structure except office 16. Schools (all) and related buildings 1. One-family detached,semi-detached, 1. Required off-street parking or attached dwelling or two-family 2. Private garage for not more than 4 cars dwelling 3. Structures for construction purposes,not to remain 2. Cooperative household(see§325-3) over two years 3. Multiple dwelling(see§325-3) 4. Sign in connection with permitted use(see Sign 4. Rooming or boarding house Ordinance,Ch.272 City Municipal Code) 5. Row house,townhouse or garden 5. By Special Permit:Towers or structures for receipt apartment housing or transmission of electronic signals for commercial 6. Church and related buildings purposes or for generation of electricity to be used 7. Library or fire station on the premises where generated in any district 8. Nursery school,child day care center, (see§325-9). Except for personal wireless services CR-4 group adult day care facilities. 9. Nursing,convalescent or rest home 6. By Special Permit:An accessory apartment(see 10. Public park or playground 4325-10). Permit required in all use districts. 7. Adult day care home By Special Permit of Board of Zoning Ap- 8. Home occupations: Special Permits required in peals: certain situations(see§325-9C{i}). 11. Bed and Breakfast Home and Inns 9. Neighborhood parking area subject to regulations of 12. Cemetery and related buildings §325-20(B) 13. Hospital or sanatorium 14. Neighborhood commercial facility(see §325-3) 15. Public utility structure except office 16. Schools (all) and related buildings Collegetown Area Form Districts June 4,2014 DRAFT District Permitted Primary Use Permitted Accessory Use 1. One-family detached,semi-detached, 1. Required off-street parking or attached dwelling or two-family 2. Private garage for not more than 4 cars dwelling 3. Structures for construction purposes,not to remain 2. Bed and breakfast homes over two years 3. Cooperative household(see§325-3) 4. Sign in connection with permitted use(see Sign 4. Multiple dwelling(see§325-3) Ordinance, Ch.272 City Municipal Code) 5. Rooming or boarding house 5. By Special Permit:Towers or structures for receipt 6. Row house,townhouse or garden or transmission of electronic signals for commercial apartment housing purposes or for generation of electricity to be used 7. Cemetery and related buildings on the premises where generated in any district 8. Church and related buildings (see§325-9). Except for personal wireless services 9. Library or fire station facilities. 10. Nursery school,child day care center, 6. By Special Permit:An accessory apartment(see group adult day care §325-10). Permit required in all use districts. 11. Nursing,convalescent or rest home 7. Adult day care home 12. Public utility structure except office 8. Home occupations: Special Permits required in 13. Public park or playground certain situations(see§325-9C{i}). 14. Schools (all)and related buildings 9. Neighborhood parking area subject to regulations of MU-1 15. Business or professional office §325-20(B) 16. Bank or monetary institution 17. Club,lodge,or private social center 18. Confectionery,millinery,dressmaking and other activities involving light hand fabrication as well as sales 19. Funeral home or mortuary 20. Hospital or sanatorium 21. Hotel 22. Inn 23. Neighborhood commercial facility(see §325-3) 24. Office of government 25. Public,private,or parochial school 26. Retail store or service commercial facility 27. Restaurant,fast food establishment, tavern 28. Theater,bowling alley,auditorium or other similar place of public assembly June 4,2014 Collegetown Area Form Districts DRAFT District Permitted Primary Use Permitted Accessory Use 1. One-family detached,semi-detached, 1. Required off-street parking or attached dwelling or two-family 2. Private garage for not more than 4 cars dwelling 3. Structures for construction purposes,not to remain 2. Bed and breakfast home over two years 3. Cooperative household(see§325-3) 4. Sign in connection with permitted use(see Sign 4. Multiple dwelling(see§325-3) Ordinance, Ch.272 City Municipal Code) 5. Rooming or boarding house 5. By Special Permit:Towers or structures for receipt 6. Row house,townhouse or garden or transmission of electronic signals for commercial apartment housing purposes or for generation of electricity to be used 7. Cemetery and related buildings on the premises where generated in any district 8. Church and related buildings (see§325-9). Except for personal wireless services 9. Library or fire station facilities. 10. Nursery school,child day care center, 6. By Special Permit:An accessory apartment(see group adult day care §325-10). Permit required in all use districts. 11. Nursing,convalescent or rest home 7. Adult day care home 12. Public utility structure except office 8. Home occupations: Special Permits required in 13. Public park or playground certain situations(see§325-9C{i}). 14. Schools (all)and related buildings 9. Neighborhood parking area subject to regulations of 15. Business or professional office §325-20(B) MU-2 16. Bank or monetary institution 10. Employee,customer,or public parking areas (see 17. Club,lodge,or private social center 4325-20) 18. Confectionery,millinery,dressmaking and other activities involving light hand fabrication as well as sales 19. Funeral home or mortuary 20. Hospital or sanatorium 21. Hotel 22. Inn 23. Neighborhood commercial facility(see §325-3) 24. Office of government 25. Parking garage 26. Public,private,or parochial school 27. Retail store or service commercial facility 28. Restaurant,fast food establishment, tavern 29. Theater,bowling alley,auditorium or other similar place of public assembly mCollegetown Area Form Districts June 4,2014 DRAFT B. Street-Level Active Uses Required (1) Within the MU-2 district,active uses are required on the entire street-level of all buildings fronting on those portions of College Avenue,Dryden Road,and Eddy Street designated on the map below. (2) Active street-level uses are one of the keys to vitality of the Collegetown core area.Active uses are defined as: (a) Retail store or service commercial facility (b) Restaurant,fast food establishment,or tavern (c) Theater,bowling alley,auditorium or other similar places of public assembly (d) Hotel (e) Library or fire station (f) Public park or playground (g) Bank or monetary institution Street-level active uses required in areas shown in solid red. June 4,2014 Collegetown Area Form Districts DRAFT 9.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, entitled "Zoning", Article IV, Section 325-11 entitled "Cluster Subdivision Development" to establish the Planned Unit Development Zoning District (PUD)(Industrial Zones Only) A. Declaration of Lead Agency — 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 an "Unlisted" Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendments to Chapter 325, Entitled "Zoning," in order to create a floating Planned Unit Development overlay district that may be established by the Common Council in any industrially zoned parcel located within the City. B. Determination of Environmental Significance — Resolution WHEREAS, The Common Council is considering a proposal to create a floating Planned Unit Development overlay district that may be established by the Common Council in any industrially zoned parcel located within the City, and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated June 3, 2014 WHEREAS, the proposed action is an "unlisted" 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 on the Full Environmental Assessment Form, dated May 6, 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. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled "Zoning," Article IV, Section 325-11, in Order to Establish the Planned Unit Development Zoning District (PUD) ORDINANCE NO. 2014- 6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Article IV, Section 325-11 of the Municipal Code of the City of Ithaca be amended as follows: Section 1. Chapter 325 ("Zoning"), Article IV, section 325-11, is hereby amended to change the title [" "] to "Cluster Sub-division, Floating Zones, and Planned Unit Development Zones" and to be re-numbered to read as follows: Article IV. Cluster Subdivision Development, Floating Zones, and Planned Unit Development Zones §325-11. Cluster Subdivisions A. Purpose and intent. This article authorizes the Planning and Development Board, during the process of subdivision plat approval pursuant to Chapter 290, Subdivision of Land, of the Code, to make reasonable changes in the existing zoning regulations for the property affected so as to enable the development of a cluster subdivision. This authorization permits deviations in the district regulations applicable to the affected property, subject to the limitations contained in this section. Cluster subdivisions may be approved in order to promote the following purposes: (1.) The preservation and enhancement of open spaces, watercourses, wetlands and areas designated as critical environmental areas. (2.) The development of active and passive recreation areas. (3.) The development of residential dwelling units in forms which are consistent with the public welfare and which provide reasonable safeguards to the appropriate use of adjoining land. (4.) Efficient and cost-effective development of roads, sidewalks, utilities, water- and sewer lines and other forms of public and private infrastructure. (5.) The development of housing that is more affordable than that normally developed under conventional zoning regulations. B. Authorization and Minimum Requirements. The Planning and Development Board is authorized, upon petition by an applicant for subdivision approval, to approve a cluster subdivision that includes reasonable deviations from the existing regulations of that zoning district in which the subdivision is located in accordance with the following limitations: (1.) Cluster subdivisions may only be permitted in the R-1a, R-1b, R-2a, R-2b, R-3a and R-3b Zoning Districts. (2.) Cluster subdivisions shall contain only those primary uses and accessory uses which are permitted in the zoning district in which the cluster subdivision is proposed, except as permitted by Subsection 325-11 B. (3). (3.) The following types of deviations from the zoning regulations of the district in which the cluster subdivision is proposed are permitted: a. Building type for residential uses, provided that, in the R-1 a and R-1 b Districts, only one-family detached dwellings are permitted as primary uses, and in the R-2a and R-2b Districts, no more than two dwelling units may be attached to form a single building, provided that each dwelling unit shall have a separate ground-level entrance. b. Lot area. C. Lot width at street line. d. Maximum percentage of land coverage by buildings on any individual lot within the cluster subdivision, provided that the total percentage of land coverage by all buildings in the cluster subdivision shall not exceed the following percentages for the zoning district in which the cluster subdivision is located: Maximum Land Coverage District (percent) R-1 a 20 R-1 b 25 R-2a 30 R-2b 35 R-3a 35 R-3b 40 e. Front, side and rear yard dimensions, provided that all buildings in a cluster subdivision shall have a front yard of at least 25 feet in the R- 1 a, R-1 b, and R-2a Zones and 10 feet in the R-2b, R-3a and R-3b Zones, and further provided that all buildings in a cluster subdivision shall be at least the following number of feet from the boundary of a cluster subdivision where it abuts land, other than a public right-of- way, that is not part of the cluster subdivision: [1] In the R-1 Districts: 40 feet. [2] In the R-2 and R-3 Districts: 20 feet. (4.) The maximum number of dwelling units permitted in a cluster subdivision shall not exceed the number of dwelling units that would be permitted on the site in a conventional subdivision under the conventional zoning regulations for the zoning district in which the cluster subdivision is proposed, subject to all applicable development regulations applying to the property in question plus any other restriction which the Planning and Development Board has the authority to impose pursuant to Chapter 290, Subdivision of Land, of the Code. (5.) Any reduction in the lot area for buildings in a cluster subdivision beyond the minimum allowed in the zoning district in which the subdivision is located shall require the reservation of an equivalent amount of land as open space, passive recreation area or active recreation area. Wetlands, floodplains, steep slopes or other areas not normally appropriate for building construction shall not account for more than 50% of the land area reserved. (6.) All open space or recreation areas reserved in accordance with Subsection 325-11 B. (5) shall be dedicated as common land for the benefit of the members of the subdivision. The development, operation and maintenance of this property shall be in accordance with the approved site development plan and in a manner that is consistent with the public welfare C. Approval; information to be submitted. (1.) The Planning and Development Board may consider a developer's request for approval of a cluster subdivision or may require that a developer prepare and submit plans for a cluster subdivision that contain no greater number of dwelling units than that proposed by the developer. The Board shall adopt rules and regulations setting forth the criteria pursuant to which such an application may be required. The approval of a cluster subdivision shall follow the rules and procedures contained in Chapter 290, Subdivision of Land, of the City of Ithaca Code. (2.) Developers submitting a cluster subdivision plan shall submit two subdivision plans, one showing the land developed under the conventional zoning regulations and the other showing development under the cluster option. In addition to the requirements of Chapter 290, Subdivision of Land, of the Code, the developer shall submit the following information on or with the cluster subdivision plan: a. An area plan showing the proposed cluster subdivision and all existing land use and major natural features of the land within 500 feet of the project site. b. A site development plan showing the location, size, use and physical features of all proposed buildings and accessory uses, the location and design of vehicular and pedestrian access and the location of proposed parking areas. c. A landscaping plan showing the type and location of all existing trees, vegetation and natural features on the site; the identification of all existing vegetation to be preserved; the identification of all new vegetation to be added; and the location and type of fences, berms or buffer areas. d. A plan showing the boundaries of common areas to be reserved and the proposed use, development and maintenance of those spaces. e. Elevations of typical dwelling units to be constructed in the cluster subdivision. f. Environmental review of the project at a level deemed appropriate by the Planning and Development Board. g. Any other information that the Planning and Development Board may reasonably require. (3.) The approval of a cluster subdivision shall constitute the approval of a site development plan for the affected area. No development shall occur on the site that is not in strict conformance with the elements of the approved site development plan, nor shall the plan be modified without the approval of the Planning and Development Board. (4.) A cluster subdivision shall not be approved unless the Planning and Development Board makes the following affirmative findings and states, in writing, the facts that support those findings: a. That the development is found to be compatible in terms of appearance, character and overall density with both the existing and potential development in the surrounding area. b. That the development will not place an unreasonable burden on the public roads or utilities that will service the project. C. That the development will promote the preservation of open space and natural resources within the neighborhood to a greater degree than would conventional development d. That the development is consistent with the public welfare and that the appropriate use of adjoining land is reasonably safeguarded. e. That the development will not have an undue adverse impact on the critical area listed in § 176-5(B)(1)(a) of the Code. f. That the development complies with the approved Street Plan and Master Plan, if any, for the area. Section 2. Chapter 325 ("Zoning"), Section §325-12, is hereby amended to repeal and replace all existing text with the following new language regarding Planned Unit Developments: Section §325-12 Planned Unit Developments (PUD) A. Declaration of Legislative Authority. This Planned Unit Development (PUD) Ordinance is being enacted pursuant to the authority established in the New York State General City Law § 81-f. B. Purpose and Intent. This legislation is intended to establish procedures and requirements for the establishment and mapping of PUDs, as floating overlay zones, which may be placed in any industrially zoned area within the City boundaries, wherever authorized by the Common Council. The PUD is a tool intended to be used to encourage mixed-use or unique single use projects that require more creative and imaginative design of land development than is possible under standard zoning district regulations. A PUD allows for flexibility in planning and design, while through the process of review and discussion, ensures efficient investment in public improvements, a more suitable environment, and protection of community interest. A PUD should be used only when long-term community benefits will be achieved through high quality development, including, but not limited to, reduced regional traffic demands, greater quality and quantity of public and/or private open space, community recreational amenities, needed housing types and/or mix, innovative designs; and for the protection and/or preservation of natural resources. Sub-section 325-12 is intended to relate to both residential and nonresidential development, as well as mixed forms of development. There may be uses, now or in the future, which are not expressly permitted by the other terms of this chapter but which uses would not contravene the long range Comprehensive Plan objectives if they adhere to certain predetermined performance and design conditions. The PUD is intended to be used to enable these developments to occur even though they may not be specifically authorized by the City Zoning District Regulations. The PUD is intended to be used in the areas within the City that are zoned industrial. Residential uses are not permitted by existing zoning in industrial zones. However, these areas are large tracts of land that have the potential for large scale redevelopment and should a proposed project offer community wide benefits, the Common Council may establish a PUD in order to permit uses not explicitly allowed by the underlying zoning. Areas may be zoned as a PUD by the Common Council. The enactment and establishment of such a zone shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such zone. C. Establishment and location. The intent of a PUD is to create self-contained, architecturally consistent, and compatible buildings, many times with diverse but related uses. The creation of a PUD must entail sufficient review to assure the uses within the zone will have negligible or no significant adverse effects upon properties surrounding the zone. This tool is expressly intended for use in industrial zones, where residential uses are not permitted. In reaching its decision on whether to rezone to a PUD, the Common Council shall consider the general criteria set forth in this chapter, the most current Comprehensive Plan for the City, and this statement of purpose. No PUD shall be finally established pursuant to subparagraph G(13) of this section unless, prior to such legislative enactment, all land within the proposed PUD is zoned Industrial. D. Permitted principal and accessory uses. In a PUD, buildings and land may be used for any lawful purpose permitted in the zone where it is located, plus any other uses which the Common Council may authorize. All development restrictions, including, but not limited to, yard size, height restriction, building coverage, and lot size, shall be as set forth in the legislation rezoning the area to a PUD established by the Common Council. In addition, the Common Council may impose any conditions or limitations that are determined to be necessary or desirable to ensure that the development conforms with the City Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, requiring acoustical or visual screening, construction sequencing, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. E. Site Plan Approval. No structure shall be erected or placed within a PUD, no building permit shall be issued for a building or structure within a PUD, and no existing building, structure, or use in a PUD shall be changed, unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Chapter 276 of the City of Ithaca Code. F. Criteria. Common Council will consider an application for any PUD on the following criteria, among others: • Does the project further the health and welfare of the community; and • Is the project in accordance with the City Comprehensive Plan • Does the project create at least one long term significant community benefit G. Application Process. An applicant proposing a development that does not conform with the existing zoning requirements may apply for a PUD to be placed on their property, or on such other property as designated by the applicant and for which the applicant has submitted sufficient authorization executed by the owner(s) of said property in support of the application. The application process is as follows: [1.] Staff/Applicant Pre-Application Meeting. An applicant seeking alternate zoning for their property must first contact the Department of Planning, Building, and Development for a pre-application meeting. Staff will explain the requirements, the application process, the timeline, and the fees associated with a PUD request. [2] Application Submission. Applicant must submit a completed PUD application along with the required fee. The Application must include a conceptual development plan, and an explanation of the request for alternate zoning. The conceptual plan must include the proposed sizes of yards, maximum heights and stories of all proposed buildings, maximum lot coverage, adjacent uses and adjacent zoning. [3.] Planning and Economic Development Committee. The Planning and Economic Development Committee of the Common Council will consider the application for completion and will schedule a Public Information Session. The developer will be expected to be present at this meeting. [4] Circulation. The Planning and Economic Development Committee will also authorize and direct staff to circulate the proposal for review and comment from City Boards/Committees, the Tompkins County Planning Department, and any neighboring property owners within 500 feet of the proposed project. Comments and concerns will be forwarded to the applicant and to the Common Council for their consideration. [5] Public Information Session. Within 30 days of receiving a completed application, the City will schedule a Public Information Session, at which the developer will be responsible for presenting information about the project and answering questions from the public. The City will advertise the Public Information Session with a press release to the local media at least 15 days, but no more than 20 days, prior to the meeting. The applicant is responsible for posting the property at least 5 days prior to the Public Information Session, with the date, time, and location of the meeting. [6] Committee Recommendation. Once the comments have been received, the Planning and Economic Development Committee will hold a legally noticed public hearing at a regularly scheduled committee meeting. The City will publish a legal notice of the hearing 15 days prior to the hearing. The Committee will consider all comments that have been received, as well as all comments made at the public hearing and will make a recommendation to the Common Council. The recommendation may include additional requirements or limitations to either mitigate undesirable impacts or to ensure the development conforms to the goals of the City's Comprehensive Plan. [7] Conditional Approval. The Common Council will consider the request and may pass a resolution granting a conditional approval, subject to further site plan review approval and instructing staff to take the project through the environmental review process. Not withstanding any conflicting provisions of the City Code, an applicant whose application has received approval in concept from the Common Council (Approval in Concept) shall be permitted, for the purpose of commencing site plan review, to proceed with a Building Permit application, despite any zoning-based deficiencies in the application, so long as all such deficiencies may be cured by final Council approval of the PUD. [8] Site Plan Review Application—Applicant submits a site plan review application and begins the environmental review process. [9.] Declaration of Intent to Act as Lead Agency—Planning Board declares its intent to be the lead agency for the environmental review of the project and the PUD and notifies all other involved agencies, including the Common Council. [10.] Common Council Involvement—As a part of the environmental review process for the project and the PUD, the Planning Board will update the Common Council after each Planning Board meeting where the project is considered and will request ongoing written comments from the Common Council. [11.] Environmental Review/Site Plan Review—The Planning Board will be the lead agency for the environmental review and site plan review of the project. The project will undergo the normal site plan review process. [12.] Common Council Consideration of the PUD—When and if the project has received a negative declaration of environmental significance and contingent site plan approval, it (the applicant) will return to the Common Council for final consideration of the adoption of the PUD. Final Council approval, if any, shall be granted via ordinance. H. Additional Requirements. In any rezoning to a PUD the Common Council may impose such conditions or limitations that the Council, in its legislative discretion, may determine to be necessary or desirable to ensure that the development conforms with the City Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. I. Expiration. A developer who receives PUD approval will have 24 months to begin construction of their project. If construction on the property has not been developed in accordance with the approved plan after 24 months, the PUD will automatically be revoked, unless otherwise stated by the Common Council, and the property will return to the previously approved zoning restrictions. In the case of extenuating circumstances the developer may apply to the Common Council for an extension of PUD approval. If the site plan changes significantly, said significance as determined by the Director of Planning and Development, it may require re-consideration by the Common Council. The Director of Planning and Development may determine that the changes are minor and do not require re-approval. Section 3. Chapter 325. ("Zoning"), Section §325-13, is hereby amended to delete all existing text, which has been relocated to §325-11 C. Approval; Information to be submitted. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. ,A11T ` CITY OF ITHACA a ��' 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 r, 0 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT r9E0 1, JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning& Development—607-274-6550 Community Development/IURA—607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 BACK-UP ITEM 9.3 MEMORANDUM TO: COMMON COUNCIL FROM: Jennifer Kusznir, Economic Development Planner DATE: June 20, 2014 RE: Proposed Planned Unit Development (PUD) Floating Zoning District The purpose of this memo is to provide information regarding a proposal to create a Planned Unit Development (PUD) Floating Zoning District. Enclosed for your consideration is a draft ordinance that would permit the Common Council to establish a PUD within industrial-zoned parcels located in the City of Ithaca. The PUD is a tool intended to be used to encourage mixed-use or unique single-use projects that require more creative and imaginative design of land development than is possible under industrial zoning district regulations. A PUD allows flexibility in planning and design, through a process of review and discussion, efficient investment in public improvements, a more suitable environment, and protection of community interests. A PUD should only be used when long- term community benefits will be achieved through a high-quality development (including, but not limited to, reduced traffic demands, greater quality and quantity of public and/or private open space, community recreational amenities, needed housing types and/or configurations, and innovative designs), as well as for the protection and/or preservation of natural resources. When this draft ordinance was discussed at the June 11, 2014 Planning and Economic Development Committee meeting, the committee requested the following changes to the document: • Section G. [2.] "Application Submission." (PAGE 7) — This was amended to add submission requirements that were listed in the application, including: proposed sizes of yards, maximum heights and stories of all proposed buildings, maximum lot coverage, adjacent uses, and adjacent zoning. • Section G. [3] "Planning Committee." (PAGE 7) — This was amended to add language stating that property owners within 500 feet would be notified of the proposed PUD. • Section G. [5] "Public Information Session." (PAGE 7) — This was amended to state that the press release for the Public Information Session would be posted in the paper at least 15 days, but not more than 20 days, prior to the Public Information Session. • All references to "Planning Committee" have been changed to "Planning and Economic Development Committee." All of the bulleted items listed above have been changed in the enclosed draft ordinance. In addition, staff has prepared a draft application for property owners wishing to request consideration for a PUD. This application is not intended to be voted on by the Common Council and can be amended by staff at any time, as long as it is still in accordance with the adopted ordinance. If Common Council members have any comments or suggestions for the draft application, please feel free to contact me directly. An environmental review of this action has been completed and the draft Full Environmental Assessment Form (FEAF) is enclosed, along with the draft Lead Agency and Negative Declaration of Environmental Significance resolutions. Also enclosed are a resolution passed by the City Planning and Development Board and a letter from the County Planning Commissioner. If you have any questions, please feel free to contact me at 274-6410. Thanks so much. Jun. 4. 2014 2: 23PM No, 0247 P. 1 Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Ithaca, NpwYork 14850 Edward C.Marx,AICP Telephone(607)274-5560 Commissioner of Planning Fax(607) 274-5578 June 4,2014 Jennifer Kusznir,Economic Development Planner Department of Planning and Development City of Ithaca 108 East Green Street Ithaca,NY 14850 Re: Review Pursuant to §239-1 and-m of the New York State General Municipal Law Action: Proposal to Create Planned Unit Development(PUD)Floating Zone District Dear Ms.Kusznir: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239-1 and-m of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter- community, or countywide impacts. Please inform its of your decision so that we can make it a part of the record, Sincerely, Edward C.Marx, AICP Commissioner of Planning Inclusion through Diversity BACK-UP ITEM 9.3 PLANNING AND DEVELOPMENT BOARD RESOLUTION OF SUPPORT FOR THE PROPOSAL TO CREATE A PLANNED UNIT DEVELOPMENT ZONING DISTRICT (PUD) Adopted Resolution: May 27, 2014 WHEREAS, the Planning and Development Board ("Planning Board") is empowered by § 4-23 B. (1) (c) of the City Code to advise "the Common Council regarding the preparation and revision of the city ordinances related to planning, zoning, site plan review, signs, mobile home parks, subdivisions, historic landmarks and/or districts, land use and related subjects properly within its jurisdiction;" and WHEREAS, the Planning and Development Board has reviewed and discussed the materials related to the establishment of a PUD, and WHEREAS, the Planning and Development Board is in support of the process as described in the proposed draft application form circulated on May 6, 2014, whereby Common Council grants final approval for the PUD; now therefore be it RESOLVED, That the Planning and Development Board strongly recommends that the Common Council take action to create the proposed PUD. Moved by: Schroeder Seconded by: Eliot In Favor: Acharya, Blalock , Elliott, Jones-Rounds, Schroeder Against: 0 Abstain: 0 Absent: Fernandez, Randall Vacancies: 0 "} BACK-UP ITEM 9.3 CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: The Full Environmental Assessment Form(FEAF) is designed to help applicants and agencies determine, in an orderly manner,whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly,comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. FEAF Components: Part 1: Provide objective data and information about a given action and its site. By identifying basic project data,it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS Identify the Portions of FEAF completed for this action: ® Part 1 ❑Part 2 ❑ Part 3 Upon review of the information recorded on this FEAF(Parts,2,and 3,if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact,it is reasonably determined by the Lead Agency that: ®A. The Proposed Action will not result in any large and important impact(s)an is one that will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL BE PREPARED. ❑ B. Although the proposed action could have a significant impact on the environment,there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required;therefore,A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. * ❑ C. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment;therefore,A POSITIVE DECLARATION WILL BE PREPARED. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action: Proposal to Create Planned Unit Development(PUD)Floating Zone District Name of Lead Agency: City of Ithaca Name & Title of Responsible Officer in Lead Agency: Mayor Svante Myrick Signature of Responsible Officer in Lead Agency: Name & Title of Preparer: Jennifer Kusznir, Economic Development Planner Signature of Preparer: Date: June 3, 2014 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART 1—PROJECT INFORMATION NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. ame of Action: Proposal to Create Planned Unit Developm " PUD)Floating Zone District ocation of Action: City of Ithaca rame of Applicant/Sponsor: City of Ithaca ddress: 108 E. Green St. (City Hall) �k City/Town/Village: Ithaca %.,,, n69 � ZIP: 14850 Business Phone: 607-274-6550 rame of Owner(if different): n/a lAddress: n/a Fity/TownNillage: n/a ���' State: n/a ZIP: n/a Business Phone: n/a ��eo ��� °6 Description of Action: Proposal to Create Planned Unit Development(PUD) Floating Zone District A PUD is a floating overlay zone, which may be placed within industrial zoned parcels located within the City boundaries, anywhere deemed appropriate by Common Council. The purpose of the PUD is to encourage and allow more creative and imaginative design of land development than is possible under standard zoning district regulations. A PUD allows for flexibility in planning and design, while, through the process of review, discussion, and law change, ensures efficient investment in public improvements, a more suitable environment, and protection of community interest. Page 2 Please Complete Each Question (indicate N/A, if not applicable): A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: 10-1 Urban F❑ Industrial 0 Commercial ❑❑ Public ❑❑ Forest Agricultural 0 Other: 2. Total area of project area: Chosen units apply to following section also) Jjfff Approximate Area (Units in question 2 apply to this section) C After Completion BG a. Meadow or Brushland(non-agricultural b. Forested ' ##u u, qg c. Agricultural 2d. Wetland[as per Articles 24 of Environmental Conservation Law(Eaff e. Water Surface Area f. Public '#00" °����a � �� Water Surface Area 2h. Unve etated(rock, earth or fill i. Roads,buildings and other paved surfaces 5 acres. —105 acres '. Other indicatetype) a. What is predominant soil type(s) on project site (e.g. HdB, silty twin, etc.): n/a 3b. Soil Drainage: n/a Well-Drained % of Site E Moderately Well Drained of Site L Poorly Drained % of Site 4a. Are there bedrock outcroppings on project site? ❑Yes o ❑N/A 4b. What is depth of bedrock?n/a (feet) 4c. at is depth to the water table? n a (feet) [7wpitphrslopes: oximate percentage of proposed project site 0-10% % 10-15% % 15% or reater 6a. Is project substantially contiguous to, or does it contain a building, site or district, listed on or es []No LX N/A eligible for the National or State Register of Historic Places? 6b. Or designated a local landmark or in a local es LJNo X /A landmark district? 7. Do hunting or fishing opportunities presently exist in the project area? es ®No []N/A If yes, identify each species: Page 3 SITE DESCRIPTION (concluded) 8. Does project site contain any species of plant or es ±-�o L]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 formations) Describe: 10. Is the project site presently used by the �Jyes LX No 11N/A community or neighborhood as an open space or If yes, explain: recreation area? 11. Does the present site offer or include scenic views es JX No L]N/A known to be important to the community? Describe: 12. Is project within or contiguous to a site �Jydesignated a Unique Natural Area(UNA) ores XZN/A critical environmental area by a local or sta Describe: agency? � 13. Streams within or contiguous to project area: Names of stream or name of river to which it is a ,,,,,tributary: N/A 14. Lakes,ponds, wetland areas within or contiguous a. Name: to project area: iVa b. Size (in acres): 15. Has the site been used for land disposal of solid ❑yes �To []N/A hazardous wastes? Describe: 16. Is the site served by existing public utilities? es QNo X�UA a. If Yes, does sufficient capacity exist to allow connection? es QNo QX N/A b. If Yes, will improvements be necessary to es QNo L�]N/A allow connection? PY 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: N/A lb. Project acreage developed: —105 acres initially —105 acres.ultimately Ile. Project acreage to remain undeveloped: N/A ld. Length of project in miles: if appropriate) N/A or feet: N/A Ile. If project is an expansion, indicate percent of change proposed: N/A IL Number of off-street parking spaces existing: N/A ro osed: N/A 1 .Maximum vehicular trips generated(upon completion of project)per day: N/A and per hour: N/A Page 4 11h. Height of tallest proposed structure: feet. N/A 1'. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A 2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site: N/A or added to the site: N/A 3. Specify what type of vegetation(trees, shrubs, ground cover) and how much will be removed from the site: acres: N/A type of vegetation: N/A 4. Will any mature trees or other locally important vegetation be removed by this project? N/A 5. Are there any plans for re-vegetation to replace that removed during construction? N/A 6. If single phase project, anticipated period of construction N/Amonths, (including demolition) 7. If multi-phased project, anticipated period of construction N/A months, (including demolition) 7a. Total number of phases anticipated: N/A 7b. Anticipated date of commencement for first phase N/A months A ear(including demolition) 7c. Approximate completion date of final phase N/A month N/A year. 7d. Is phase one financially dependent on subsequent phases? LI�]Yes rl'No EJ /A 18. Will blasting occur during construction? ayes Mo X N/A; if yes, explain: 9. Number of jobs generated: during construction 0 after project is completed 0 F Number of jobs eliminated by this project: 0 Explain: 11.Will project require relocation of any projects or facilities?oyes ao M/A; if yes, explain: 12a. Is surface or subsurface liquid waste disposal involved?❑Yes o M/A; if yes, explain: 12b. If#12a is yes, indicate type of waste (sewage, industrial, etc): N/A 12c. If surface disposal, where specifically will effluent be discharged?N/A 13.Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased by proposal?InlYes FF2--WNo N/A; if yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood plain? Yes UNo X /A 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply.)N/A 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 Of the ECL?❑Yes ® oCJ /A; 14d. If#14a,b or c is yes, explain: N/A 15a. Does project involve disposal or solid waste?0❑Yes No O❑N/A 15b. If#15a is yes, will an existing solid waste disposal facility be used? Dyes ❑QNo a/A 15c. If#15b is yes, give name of disposal facility: N/A and its location: Inthere there be an wastes that will not go into a sewage disposal system or into a sanitary landfill? ❑❑Yes ❑Mo ® /A; if yes, explain: Page 5 115e. Will any solid waste be disposed of on site? Dyes ONo ® /A; if yes, explain: 116. Will project use herbicides or pesticides?Dyes ❑No ® /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? Dyes ONo E /A; if yes, explain: 18. Will project produce odors? Dyes ONo FN /A; if yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? ❑❑Yes ❑ONo XE /A; After construction?❑❑Yes DNo I /A 120. Will project result in an increase of energy use?❑❑Yes ONo FXI /A; if yes, indicate type(s) N/A 1. Total anticipated water usage per day: gals/day. N/A Source of water N/A C. ZONING & PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? X Yes DNo ❑ON/A; if yes, indicate the decision required: E— Zoning Amendment 0 Zoning Variance New/Revision of Master Plan 0 Subdivision 0 Site Plan Special Use Permit iL. Resource Management Plan Other: 2. What is the current zoning classification of site? I-1 3. If the site is developed as permitted by the rese " oning,what is the maximum potential development? N/A 14. Is proposed use consistent with present zoning? ,Yes O1Vo E /A 5. If#4 is no, indicate desired zoning: N/A 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? N/A 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? ® es No ON/A; If no, explain: 8. What is the dominant land use and zoning classification within a 1/4 mile radius of the project? N/A 9. Is the proposed action compatible with adjacent land uses? ® es DNo DN/A Explain: 10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A 10b. What is the minimum lot size proposed? N/A Page 6 11. Will the proposed action create a demand for any community-provided services? (recreation, education, police, fire protection, etc.) ? 1 Yes ao EE7-'N/A Explain: If yes, is existing capacity sufficient to handle projected demand? Dyes DNo QN/A Explain: N/A 12. Will the g osed action result in the generation of traffic significantly above present levels? DYes o M/A If yes, is the existing road network adequate to handle the additional traffic? Dyes o ❑�/A Explain: 00P # I A APPROVALS 11. Approvals: Common Council Adoption 2a. Is any Federal permit required? Dyes Do M/AX pecify: kb. Does project involve State or Federal funding or financing?D❑Yes Do M/A; If Yes, Specify: 2c. Local and Regional approvals: Type of Submittal Approval Agency Yes/No Approval Required Date Date COMMON COUNCIL YES ADOPTION Board of Zoning A eals BZA No Planning&Development Board No Ithaca Landmarks Preservation No Commission ILPC) Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. F. VERIFICATION I certify the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: City of Ithaca Signature: — Title: Economic Development Planner Page 7 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District BACK-UP ITEM 9.3 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? ❑[Yes ❑No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on land. Any potential impacts on land will have to be evaluated if and when a planned unit development district is created. Any construction on slopes of 15% or greater(1 5-foot rise per 100 feet of length) or where general slope in the project ❑ ❑ ❑Wes ❑ No exceeds 10%. Construction on land where depth to the water table is less ❑ ❑ ❑[jyes ❑ No than 3 feet. Construction of parking facility/area for 50 or more vehicles. ❑ ❑ ❑[Yes ❑ No Construction on land where bedrock is exposed or generally ❑ ❑ ❑CYes ❑ No within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve ❑ ❑ ❑CYes ❑ No more than one phase or stage. Evacuation for mining purposes that would remove more than ❑ ❑ ❑C 'es ❑ No 1,000 tons of natural material (i.e., rock or soil) per year. Construction of any new sanitary landfill. ❑ ❑ ❑[Yes ❑ No Construction in designated floodway. ❑ ❑ ❑Wes ❑ No Other impacts (if any): ❑ ❑ ❑Wes ❑ No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? [-][A/es ® No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on unique land forms. Any potential impacts on unique land forms will have to be evaluated if and when a planned unit development district is created. 1 of 15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Specific land forms (if any): ❑ ❑ ❑wes ❑ No 2of15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? Owes ❑ No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on water. Any potential impacts on water will have to be evaluated if and when a planned unit development district is created. Developable area of site contains protected water body. ❑ ❑ [—][Yes ❑[No Dredging more than 100 cubic yards of material from channel ❑ ❑ [:][Yes [:][No protected stream. Extension of utility distribution facilities through protected ❑ ❑ ❑C 'es ❑ No water body. Construction in designated freshwater wetland. ❑ ❑ ❑Wes ❑ No Other impacts (if any): ❑ ❑ ❑Nes ❑ No 4. Will project affect any non-protected existing or new body of water? ❑[Yes ❑[No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on water. Any potential impacts on water will have to be evaluated if and when a planned unit development district is created. A 10% increase or decrease in surface area of any body of ❑ ❑ ❑[yes ❑ No water or more than 10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that ❑ ❑ ❑Eyes ❑ No exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, El ❑ ❑[yes ❑ No Cayuga Lake, or Cayuga Inlet? Other impacts (if any): ❑ ❑ ❑C(es ❑ No 3of15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 5. Will project affect surface or groundwater quality? ❑Wes ® No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on groundwater. Any potential impacts on groundwater will have to be evaluated if and when a planned unit development district is created. Project will require discharge permit. ❑ ❑ []yes ❑ No Project requires use of source of water that does not have El ❑ ❑[yes ❑ No approval to serve proposed project. Construction or operation causing any contamination of a ❑ ❑ ❑Cyes ❑ No public water supply system. Project will adversely affect groundwater. ❑ ❑ ❑Wes ❑ No Liquid effluent will be conveyed off the site to facilities which ❑ ❑ ❑�'es ❑ No do not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of ❑ ❑ ❑Cyes ❑C1tJo 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an ❑ ❑ ❑Wes ❑M40 obvious visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical ❑ ❑ ❑Cyes ❑ No products greater than 1,100 gallons. Other impacts (if any): ❑ ❑ ❑yes ❑ No 4of15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? ❑[Yes ❑ No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on drainage or runoff. Any potential impacts on drainage or runoff will have to be evaluated if and when a planned unit development district is created. Project would impede floodwater flows. ❑ ❑ ❑ 'es ❑ No Project is likely to cause substantial erosion. ❑ ❑ ❑ryes ❑ No Project is incompatible with existing drainage patterns. ❑ ❑ ❑ryes ❑ No Other impacts (if any): ❑ ❑ ❑wes ❑ No IMPACT ON AIR 7. Will project affect air quality? ❑[Yes ❑No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on air quality. Any potential impacts on air quality will have to be evaluated if and when a planned unit development district is created. Project will induce 500 or more vehicle trips in any 8-hour El ❑ ❑['es ❑ No period per day. Project will result in the incineration of more than 2.5 tons of ❑ ❑ [:][?Yes ❑ No refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million ❑ ❑ [—][Yes ❑ No BTUs per hour. Other impacts (if any): ❑ ❑ [—][Yes ❑ No 5of15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? ❑ryes ❑ No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on plants and animals. Any potential impacts on plants and animals will have to be evaluated if and when a planned unit development district is created. Reduction of any species, listed on New York or Federal list, ❑ ❑ ❑[ 'es ❑ No using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife ❑ ❑ ❑['es ❑ No habitat. Application of pesticide or herbicide more than twice a year ❑ ❑ ❑[ryes ❑ No other than for agricultural purposes. Other impacts (if any): ❑ ❑ ❑ryes ❑ No 9. Will proposed action substantially affect non-threatened or non-endangered species? ❑ Yes ® No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on plants and animals. Any potential impacts on plants and animals will have to be evaluated if and when a planned unit development district is created. Proposed action would substantially interfere with any ❑ ❑ ❑[ryes ❑ No resident or migratory fish, or wildlife species. Proposed action requires removal or more than '/z acre of El El ❑C 'es ❑ No mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ ❑ryes ❑ No 6of15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? ❑Wes ® No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on aesthetic resources. Any potential impacts on aesthetic resources will have to be evaluated if and when a planned unit development district is created. Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current ❑ ❑ ❑Wes ❑ No surrounding land use patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or El ❑ Owes No significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening ❑ ❑ [:]Wes No of scenic views known to be important to the area. Other impacts (if any): ❑ ❑ Owes ❑ No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? ❑Wes ® No Qhe proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on historic resources. Any potential impacts on historic resources will have to be evaluated if and when a planned unit development district is created. Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the ❑ ❑ Owes ❑ No National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located ❑ ❑ Owes No within the project site. Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a ❑ ❑ Owes ❑ No landmark district. 7of15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Other impacts (if any): ❑ ❑ ❑wes ❑ No 8of15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces, or recreational opportunities? ❑[Yes ❑[No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on open spaces or recreational opportunities. Any potential impacts on open spaces or recreational opportunities will have to be evaluated if and when a planned unit development district is created. The permanent foreclosure of a future recreational El ❑ ❑[ryes ❑ No opportunity. A major reduction of an open space important to the community. ❑ ❑ ❑FYes ❑ No Other impacts (if any): ❑ ❑ [—]ryes ❑ No IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? ❑[Yes ❑ No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on unique natural areas or critical environmental areas. Any potential impacts on unique natural areas or critical environmental areas will have to be evaluated if and when a planned unit development district is created. Proposed action to locate within a UNA or CEA? ❑ ❑ ❑L(es ❑ No Proposed action will result in reduction in the quality of the ❑ ❑ ❑L(es ❑ No resource. Proposed action will impact use, function, or enjoyment of the El ❑ ❑[Xes ❑ No resource. 9of15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Other impacts (if any): ❑ ❑ ❑wes ❑ No 10of15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? ❑[Yes ® No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on transportation. Any potential impacts on transportation will have to be evaluated if and when a planned unit development district is created. Alteration of present patterns of movement of people and/or ❑ ❑ ❑C 'es ❑ No goods. Proposed action will result in major traffic problems. ❑ ❑ ❑Wes ❑ No Other impacts: ❑ ❑ ❑[Yes ❑ No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? ❑ 'es ❑ No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on the community's sources of fuel or energy supply. Any potential impacts on the community's sources of fuel or energy supply will have to be evaluated if and when a planned unit development district is created. Proposed action causing greater than 5% increase in any ❑ ❑ ❑Dyes ❑ No form of energy used in municipality. Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- ❑ ❑ ❑ryes ❑ No or two-family residences. Other impacts (if any): ❑ ❑ ❑ryes ❑ No 11 of 15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during construction of, or after completion of, this proposed action? 1:13'es ® No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on noise or odors. Any potential impacts on noise or odors will have to be evaluated if and when a planned unit development district is created. Blasting within 1,500 feet of a hospital, school, or other ❑ ❑ ❑C 'es ❑ No sensitive facility? Odors will occur routinely (more than one hour per day). ❑ ❑ ❑ 'es ❑ No Proposed action will produce operating noise exceeding local ❑ ❑ ❑C 'es ❑ No ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act as El ❑ ❑C 'es ❑ No noise screen. Other impacts (if any): ® ❑ ❑3,es ❑ No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? ❑3'es ® No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on public health and safety. Any potential impacts on public health and safety will have to be evaluated if and when a planned unit development district is created. Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, El El ❑[jyes ❑ No radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Proposed action may result in burial of"hazardous wastes" in any form (i.e., toxic, poisonous, highly reactive, radioactive, ❑ ❑ ❑[Yes ❑ No irritating, infectious, etc.) 12 of 15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of ❑ ❑ ❑Wes ❑ No solid or hazardous wastes. Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, ❑ ❑ ❑[jyes ❑ No radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). 13 of 15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON PUBLIC HEALTH (cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. ❑ ❑ [] 'es ❑ No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any ❑ ❑ ❑C 'es ❑ No residential, commercial, or industrial property in excess of 30,000 square feet. Other impacts (if any): ❑ ❑ ❑Wes ❑ No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? ❑Wes ® No The proposed action establishes the legislation to allow for Council to create Planned Unit Development Districts and has no immediate impact on growth and character of the community. Any potential impacts on growth and character of the community will have to be evaluated if and when a planned unit development district is created. The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human ❑ ❑ ❑wes ❑ No population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of ❑ ❑ ❑Wes ❑ No this proposed action. Proposed action will conflict with officially adopted plans or ❑ ❑ ❑�'es ❑ No goals. Proposed action will cause a change in the density of land ❑ ❑ [:]Wes ❑ No use. Proposed action will replace or eliminate existing facilities, ❑ ❑ ❑�'es ❑ No structures, or areas of historic importance to the community. Development will create demand for additional community ❑ ❑ ❑f 'es ❑ No services (e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future ❑ ❑ ❑Wes ❑ No 14of15 6/23/2014 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2— Project Impacts Proposal to Create Planned Unit Development (PUD) Floating Zone District actions. Proposed action will relocate 15 or more employees in one or ❑ ❑ ❑C 'es ❑ No more businesses. Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): ❑ ❑ ❑Wes ❑ No 19. Is there public controversy concerning the proposed action? ❑Wes ❑ No ® Unknown —if any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3— 15 of 15 6/23/2014 TheTitytbfAthacotlstommitted[toltreatingbBvorkR�nvironmentlbnd[tommunitylthanalueR nAupportWiversity3in"clusion, andGtoMieveloping3ows,Cpolicies,bndloroceduresllhatbreRnindfulMn"cl usivebf C3burflliverselommunity. The Planned Unit Development Zone is a floating zone intended to allow flexibility in zoning regulations for projects found to be beneficial to the community and expected to further the goals of the City Comprehensive Plan. I. Objective A Planned Unit Development (PUD) is a floating overlay zone, which may be placed within any industrial-zoned property located within City boundaries, if deemed appropriate by the Common Council. The purpose of the PUD is to encourage and allow more creative development of land than is possible under standard zoning district regulations. A PUD allows for flexibility in planning and design, through a process of review and discussion, ensures efficient investment in public improvements, a more suitable environment, and protection of community interest. A PUD should be used only when long-term community benefits will be achieved through high-quality development — including, but not limited to, reduced regional traffic demands, greater quality and quantity of public and/or private open space, community recreational amenities, needed housing types and/or configurations, and innovative designs — and for the protection and/or preservation of natural resources. It is intended for both residential and non- residential development, as well as mixed forms of development. There may be uses, now or in the future, which are not expressly permitted by the other terms of the Zoning Ordinance, but which would not conflict with long-range Comprehensive Plan objectives if they adhere to certain pre-determined performance and design conditions. The PUD is intended to enable these developments to occur, even though they may not be specifically authorized by City Zoning District regulations. II. Requirements With the approval of the City Common Council, a PUD may be established in any industrially zoned parcel within the City boundary. The establishment of any such zone shall lie at the sole discretion of the City Common Council, as the legislative body. It shall be established by amending the Zoning Ordinance to permit it. The enactment and establishment of such a zone shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such zone. In a PUD, buildings and land may be used for any lawful purpose permitted in the zone where it is located, plus any other uses which the Common Council may authorize upon finding that such additional uses: • Further the health and welfare of the community; • Are in accordance with the City Comprehensive Plan; • Create at least one long-term community benefit; and • Are located in an area of the City currently zoned industrial. All development restrictions, including, but not limited to, yard size, height restriction, building coverage, and lot size, shall be as set forth in the legislation rezoning the area to a PUD, as established by the City Common Council. In addition, the City Common Council may impose any conditions or limitations determined to be necessary or desirable to ensure the development conforms to the City's Comprehensive Plan, including: limiting the permitted uses, location, and size of buildings and structures; providing open space and recreational areas; and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. No structure shall be erected or placed within a PUD, no Building Permit shall be issued for a building or structure within a PUD, and no existing building, structure, or use in a PUD shall be changed, unless the proposed building and/or use is in accordance with Site Plan Approval. III. Application Process A developer proposing a project that does not conform to the existing zoning requirements may apply for a PUD to be placed on property under their control. The application process is as follows: 1. Staff/Applicant Pre-Application Meeting. An applicant seeking alternate zoning for their property must first contact the Department of Planning, Building, and Development for a pre-application meeting. Staff will explain the requirements, the application process, the timeline, and the fees associated with a PUD request. 2. Application Submission. Applicant must submit a completed PUD application along with the required fee. The Application must include a conceptual development plan, and an explanation of the request for alternate zoning. The conceptual plan must include the proposed sizes of yards, maximum heights and stories of all proposed buildings, maximum lot coverage, adjacent uses and adjacent zoning. 3. Planning and Economic Development Committee. The Planning and Economic Development Committee of the Common Council will consider the application for completion and will schedule a Public Information Session. The developer will be expected to be present at this meeting. 4. Circulation. The Planning and Economic Development Committee will also authorize and direct staff to circulate the proposal for review and comment from City Boards/Committees, the Tompkins County Planning Department, and any neighboring property owners within 500 feet of the proposed project. Comments and concerns will be forwarded to the applicant and to the Common Council for their consideration. 2 5. Public Information Session. Within 30 days of receiving a completed application, the City will schedule a Public Information Session, at which the developer will be responsible for presenting information about the project and answering questions from the public. The City will advertise the Public Information Session with a press release to the local media at least 15 days, but no more than 20 days, prior to the meeting. The applicant is responsible for posting the property at least 5 days prior to the Public Information Session, with the date, time, and location of the meeting. 6. Committee Recommendation. Once the comments have been received, the Planning and Economic Development Committee will hold a legally noticed public hearing at a regularly scheduled committee meeting. The City will publish a legal notice of the hearing 15 days prior to the hearing. The Committee will consider all comments that have been received, as well as all comments made at the public hearing and will make a recommendation to the Common Council. The recommendation may include additional requirements or limitations to either mitigate undesirable impacts or to ensure the development conforms to the goals of the City's Comprehensive Plan. 7. Conditional Approval. The Common Council will consider the request and may pass a resolution granting a conditional approval, subject to further site plan review approval and instructing staff to take the project through the environmental review process. Not withstanding any conflicting provisions of the City Code, an applicant whose application has received approval in concept from the Common Council (Approval in Concept) shall be permitted, for the purpose of commencing site plan review, to proceed with a Building Permit application, despite any zoning-based deficiencies in the application, so long as all such deficiencies may be cured by final Council approval of the PUD. 8. Site Plan Review Application—Applicant submits a site plan review application and begins the environmental review process. 9. Declaration of Intent to Act as Lead Agency—Planning Board declares its intent to be the lead agency for the environmental review of the project and the PUD and notifies all other involved agencies, including the Common Council. 3 10. Common Council Involvement—As a part of the environmental review process for the project and the PUD, the Planning Board will update the Common Council after each Planning Board meeting where the project is considered and will request ongoing written comments from the Common Council. 11. Environmental Review/Site Plan Review—The Planning Board will be the lead agency for the environmental review and site plan review of the project. The project will undergo the normal site plan review process. 12. Common Council Consideration of the PUD—When and if the project has received a negative declaration of environmental significance and contingent site plan approval, it (the applicant) will return to the Common Council for final consideration of the adoption of the PUD. Final Council approval, if any, shall be granted via ordinance. 4 IV. Expiration A developer who receives PUD approval will have 24 months to begin construction of their project. If construction on the property has not been developed in accordance with the approved plan after 24 months, the PUD will automatically be revoked, unless otherwise stated by the Common Council; and the property will return to the previously approved zoning restrictions. In extenuating circumstances, the developer may apply to the Common Council for an extension of PUD approval. If the site plan changes significantly, as determined by the Director of Planning and Development, it may require re-consideration by the Common Council. Alternatively, the Director of Planning and Development may determine the changes are minor and do not require re-approval. V. Application & Processing Fees A developer wishing to apply for a PUD will pay a flat fee of$1,200.00 (twelve hundred dollars). This fee will cover all advertising costs, as well as staff processing time. The application fee is due at the time the full application is submitted. 5 G --------------- Part 1.—Applicant Information Application Date: 1. Applicant Information Applicant Name (all principal owners of 15% or more must be listed): Address: City: State: Zip: Phone: Email: Property Owner (if different from applicant): Address: City: State: Zip: Phone: Email: 2. Property Information (Applicant must provide either proof of ownership or an owner's authorization.) Property Street Address: Tax Parcel Number: Legal Description of Property: Zoning District: Area: Frontage: Current Uses: 6 3. Project Information Project Name: Project Narrative and Summary of Community Benefits (attach additional sheets as needed): Project Location: Property Size(acres)—both existing & proposed: Building Size (square feet)—both existing & proposed: Proposed Project Start& Completion Dates: Approx. # of rental housing units: Approx. # of for-sale housing units: Approx. SF of office: Approx. SF of retail/commercial: Approx. SF of community/non-profit use: Approx. SF of light industrial/high-tech: Approx. SF of industrial/manufacturing: Approx. SF of other uses specify: 7 Part 4.—Proiect Costs Cost of New Construction: Value of Improvements: Value of Equipment to Be Acquired: Other: Total: Part 5.—Criteria & Potential Proiect Benefits MINIMUM QUALIFICATION CRITERIA A PUD can only be established if the following criteria are all determined to have been met: The project furthers the health and welfare of the community. • The project is in accordance with the City Comprehensive Plan. • The project creates at least one long-term community benefit. • The property is located in an area of the City currently zoned industrial. PUD APPROVAL CONSIDERATIONS In addition to meeting the minimum criteria, the following will also be considered when evaluating whether to grant a PUD for a proposed project: (1) Please demonstrate why this project cannot move forward under existing zoning. Why should a PUD be a desirable way to regulate development on this site? (2) Will the project provide for public access pedestrian linkages (active recreation)? (3) What are the heights of buildings in this project? How do building masses and locations compare to each other and to other structures in the vicinity? (4) Are there available and adequate transportation systems within the PUD for pedestrians, bicycles, and motor vehicles, including public transit? What is the impact on the external transportation network? (5) What is the character of the neighborhood in which the PUD is being proposed? Are there safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general? 8 (6) How do the proposed open space and recreational systems function within the PUD and in relation to the City's overall open space and recreational systems? (7) What is the general ability of the land to support the development, including such factors as slope, depth-to-bedrock, depth-to-water table, and soil type? (8) What potential impacts are there on environmental, historical, and/or architectural resources? Does the proposed PUD serve to protect these resources? (9) What potential impacts are there on local government services? (10) Is there available and adequate water service? (11) Is there available and adequate sewer service? (12) Will the PUD provide several of the community benefits listed below that contribute to making the project a long-term asset for the community? POTENTIAL COMMUNITY BENEFITS RESULTING FROM THE PUD PROJECT (1) What will be the increase to the tax roll value of new real property? (2) How many FTE jobs will be created as a result of the project? Will the project result in job creation of positions that pay at least a living wage? (3) Will the project result in job creation, of which at least 51%will be held by persons earning 80% or less of Area Median Income? (4) Will the applicant provide affordable housing at rents that do not exceed Fair Market Rents occupied by households earning no more than 80% of Area Median Income, adjusted for family size (must determine duration)? (5) Will the project fill vacant store fronts? (6) Will the project involve environmental remediation? (7) Is the project an historic preservation project(in accordance with the Secretary of the Interior's Standards for Rehabilitation)? (8) Will the project be assisting/contracting/renting to Minority and Women- Owned Business Enterprises (MWBEs)? (9) Will the project provide free (or reduced cost) community space in the project (e.g., to a 501(c)(3)non-profit)? (10) Will the project produce large-scale alternative energy, local energy, or combined heat/power that results in a significant reduction in greenhouse gas emissions? (11) Will the project result in high-tech job creation? (12) Does the project contain the redevelopment of a brownfield site? (13) Will this project provide any other community-wide benefits? 9 10. CITY ADMINISTRATION COMMITTEE: 10.1 Addition to Common Council Rules of Procedure - Resolution WHEREAS, Council believes that it could operate with greater transparency and clarity with the addition of formal rules regarding the use of official City letterhead stationery; now, therefore, be it RESOLVED, That the Common Council Rules of Procedure be amended to add one new section as follows: Revised structure: XI Communication by Council members XI A Communications between Council Members and Staff XIA— 1 - Council members who need information from City staff.... XIA— 2 —Whenever Council members seek information.... XIA— 3- Council members should never attempt to influence... XI B Use of Council letterhead XIB— 1 The primary use of Common Council letterhead stationery is to communicate official Council positions on matter of public concern. These positions may be communicated by members of Council designated to speak for the whole when a majority of Council members have consented. XIB— 2-A secondary use of Common Council letterhead stationery is to allow individual Council members to express views regarding matters of official City business. In these instances it must be clear that that the opinion expressed by the Council member is that member's opinion only and may not be the official opinion of the City or Council as a body. XIB - 2— a - When expressing her/his own position on City letterhead, a Council member must use letterhead designating her/his office, e.g. "Ezra Ithacan, Sixth Ward Alderperson, Common Council, City of Ithaca." This personal letterhead may also be used, for example, for letters of reference or recommendation if the Alderperson, in her/his capacity as a City official, has known the subject. XIB— 2— b - When two or more Council members collaborate to express a view not officially advocated by the majority of Council, those Alderpersons may electronically design their own joint letterhead indicating their names and offices, or use Council letterhead, but in either case must explicitly state in the letter that their view is not that of the majority or the official view. XIB— 3— Council members shall not use City letterhead stationery or the City logo for their private correspondence or on behalf of private individuals or organizations. Correspondence on letterhead should never give the appearance of using the office of Alderperson for personal gain or influence. 10.2 Chamberlain — Request to Waive Penalty on Taxes - Resolution WHEREAS, neither the owners nor the third party payee of the taxes on 701 W. Buffalo Street received a tax bill because the mailing address was incorrect, and WHEREAS, NYS Real Property Tax Law states that failure of the payee to receive the bill does not affect the validity of the penalties, and WHEREAS, Real Property Tax Law also provides that the governing board of the taxing authority may reduce or waive the penalty; now, therefore be it RESOLVED, That the request to waive the penalty on the 2014 City of Ithaca First Installment and Tompkins County taxes for 701 W. Buffalo Street in the amount of $451.25 is hereby denied. City of Ithaca .TT., Office of the Chamberlain 108 East Green Street,Ithaca,NY 14850 Ph:607 274-6580 Fax: 607 272-7348 ® o "s 8 To: City Administration Committee From: Debra Parsons,City Chamberlain Re: Request for Waiver of Penalty on Taxes Date: May 22,2014 I received the attached request for waiver of penalty on the taxes for 701 W.Buffalo Street. I find no evidence that we ever had the correct address,or that Greenstar was listed as a third party to receive a tax bill from a search of previously issued tax bills,although it is true that the process of receiving the tax rolls from Tompkins County Assessment does overwrite existing information. They may have registered the third party with Tompkins County Assessment,but the file assessment sent to us did not include their name,and never includes addresses for third party recipients. New York State Real Property Tax Law Section 922 states that the failure to receive the bill does not affect the validity of the tax or any penalty. Section 1182 provides that the governing board can cancel or reduce the penalty by resolution,if it is in the best interest of the tax district. Historically,these requests have been denied. WHEREAS,the owners nor the third party payee of the taxes on 701 W.Buffalo Street did not receive a tax bill because the mailing address was not correct,and WHEREAS,NYS Real Property Tax Law states that failure of the payee to receive the bill does not affect the validity of the penalties,and WHEREAS,Real Property Tax Law also provides that the governing board of the taxing authority may reduce or waive penalty,now therefore be it RESOLVED,that the request to waive penalty on the 2014 City of Ithaca First Installment and Tompkins County taxes for 701 W.Buffalo Street in the amount of$451.25 is hereby(APPROVED)(DENIED). C.HARUSBANK. RFAury TRUST INAIPF I \il M, M.\I I (T%1F\T& Pltl)PL-11ZI-t \t k,A 1 Boston Office TEL:617-795.0072 Fax:617-796-0883 T1WK THE DESK OF J. NICHOLAS 8LOTfJE 4/7/2014 RE-City Tat[Bill Error-Late Feet Charpd Good Day Debomh, Please let this letter serve as our official request to have the above referenced late fees refunded to the tax paying entity as a result of error on the behalf of the City and their address database. In prior fiscal years tax bills were delivered to the correct landlord address of 109 Charlesbank Rd,Newton MA 02458.In addition, in 2012 the tenant((free-nstar Market)was added in the s)stent and given Third Party authorization in order that they receive a copy of the bill as well. For some unknown reason the(2) two attached tax bills were not only sent to an old address in Owego for the landlord but the third party designation was also«iped out and a copy never sent to the tenant either. In summary neither party was sent copies of these bills through no fault of our won. For some reason the information either reverted back to old date or was overridden by the county. It would seem more than reasonable that given these facts that the late fees and penalties we waived and reimbursed to the landlord. Please note that both bills have been since paid in full. Please see the body of an a-mail sent from Greentar to the assessor's office in response to this issue which corroborates the above facts and statements. Fram e-mail dated March 20'h- Accounting and Finance Director at(Ireenstar Market(Ten:uil) "GreenStar has been listed as a third party since we set it up in 2012 and should have received copies of the bills this year-so from their perspective no change to your system should have been necessary. We previously have received these. Our landlord also confirmed that he never received them,and that the address on the late notice is several years old and was since updated. Sounds like something strange is going on with the mailing address data which makes me wonder whether the late fee is justified is it passible the City used old data for this mailing- an old address for the landlord and without the third party authorization? If so,we'd prefer not to be charged the extra" Total-$45115 Please remit payment to Charlesbank Realty Trust- 109 Charlesbank Rd.,Newton, MA 02458 Regardsfas J.Nichottie President &CEO-Charleshank Realty"Trust 10.3 A Resolution Authorizing the Issuance of $147,700 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of the Purchase and Installation of Pedestrian Countdown Timers, in and for said City WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, said regulations provide will not result in any significant environmental effects; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof; now, therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the purchase and installation of pedestrian countdown timers, including incidental expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $147,700 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $147,700, and that the plan of financing thereof is by the issuance of the $147,700 bonds of said City authorized to be issued pursuant to this bond resolution; PROVIDED, HOWEVER, that to the extent that any Federal or State grants-in-aid are received for such class of objects or purposes, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 72(2"d) of paragraph a of Section 11 .00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 10.4 A Resolution Authorizing the Issuance of An Additional $3,800,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Reconstruction of the Ithaca Commons Pedestrian Mall, in and for said city WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof; now, therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of reconstruction of Ithaca Commons Pedestrian Mall, including utility replacement, electrical upgrades, surface treatment, and various new site amenities, including incidental improvements, equipment, machinery, apparatus, appurtenances, furnishings, and expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $3,800,000 bonds pursuant to the provisions of the Local Finance Law. Said specific object or purpose is hereby authorized at the new maximum estimated cost of $12,800,000. Section 2. The plan for the financing of such $12,800,000 maximum estimated cost is as follows: a) By the issuance of the $9,000,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated December 5, 2012; and b) By the issuance of the additional $3,800,000 bonds of said City herein authorized; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 80 of paragraph a of Section 11 .00 of the Local Finance Law, computed from February 15, 2011, the date of the first bond anticipation note issued therefor. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 10.5 A Resolution Authorizing the Issuance of an Additional $740,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Investigation and Remediation of the Ithaca Falls Overlook Site, in and for said City WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof; now, therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of investigation and remediation of the Ithaca Falls Overlook site, including incidental expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $740,000 bonds pursuant to the provisions of the Local Finance Law. Said specific object or purpose is hereby authorized at the new maximum estimated cost of $1,518,000. Section 2. The plan for the financing of such $1,518,000 maximum estimated cost is as follows: a) By the issuance of the $778,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated July 6, 2011; and b) By the issuance of the additional $740,000 bonds of said City herein authorized; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62(2nd) of paragraph a of Section 11 .00 of the Local Finance Law, computed from August 15, 2011, the date of the first bond anticipation note issued therefor. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 1 0.6 A Resolution Authorizing the Issuance Pursuant to Section 90.00 or Section 90.10 of the L o c al F inance L aw of Refunding Bonds of the city of Ithaca, Tompkins County, New York, to be Designated Substantially "Public Improvement Refunding (Serial) Bonds", and Providing for Other Matters in Relation Thereto and the Payment of the Bonds to be Refunded Thereby WHEREAS, the City of Ithaca, Tompkins County, New York (hereinafter, the "City") heretofore issued $17,110,000 Public Improvement (Serial) Bonds, 2007 (the "2007 Bonds"), pursuant to various bond resolutions to pay the cost of certain objects or purposes in and for said City, as set forth in Exhibit A attached hereto and thereby made a part hereof, and a bond determinations certificate of the Controller dated January 17, 2007 (hereinafter referred to as the "Refunded Bond Certificate"), such Public Improvement (Serial) Bonds, 2007, now outstanding in the amount of $12,175,000, maturing on January 15 annually in each of the years 2015 to 2025, both inclusive, as more fully described in the Refunded Bond Certificate; and WHEREAS, it would be in the public interest to refund all or a portion of $10,360,000 of the $12,175,000 outstanding principal balance of said bonds maturing in the years 2017 to 2025, both inclusive (the "Refunded Bonds"), by the issuance of refunding bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law; and WHEREAS, such refunding will result in present value savings in debt service as so required by Section 90.10 of the Local Finance Law; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of refunding the $10,360,000 outstanding principal balance of the Refunded Bonds, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (i) the principal amount of the Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv) the redemption premium payable on the Refunded Bonds, and (v) the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $11,000,000 refunding serial bonds of the City pursuant to the provisions of Section 90.00 or Section 90.10 of the Local Finance Law (the "City Refunding Bonds" or the "Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $9,795,000, as provided in Section 4 hereof. The Refunding Bonds shall each be designated substantially "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BOND" together with such series designation and year as is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be numbered with the prefix R-14 (or R with the last two digits of the year in which the Refunding Bonds are issued as appropriate) followed by a dash and then from 1 upward, shall be dated on such dates, and shall mature annually on such dates in such years, bearing interest semi-annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the Controller pursuant to Section 4 hereof. It is hereby further determined that (a) such Refunding Bonds may be issued in series, (b) such Refunding Bonds may be sold at a discount in the manner authorized by paragraph a of Section 57.00 of the Local Finance Law and pursuant to subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, and (c) such Refunding Bonds may be issued as a single consolidated issue. It is hereby further determined that such Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds, subject to the limitation hereinafter described in Section 10 hereof relating to approval by the State Comptroller. Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the Controller shall prescribe, which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the City by lot in any customary manner of selection as determined by the Controller. The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non-certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the bonds in accordance with the Book-Entry-Only system of DTC. In the event that either DTC shall discontinue the Book-Entry-Only system or the City shall terminate its participation in such Book-Entry-Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity. In the case of non- certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book- Entry-Only System. Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent (or at the office of the City Clerk as Fiscal Agent as hereinafter provided). In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the City maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or last business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the Controller providing for the details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, as shall hereafter be designated by the Controller as fiscal agent of the City for the Refunding Bonds (collectively the "Fiscal Agent"). Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America. The Controller, as chief fiscal officer of the City, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as he or she shall deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said City, to perform the services described in Section 70.00 of the Local Finance Law, and to excute such agreement or agreements on behalf of the City, regardless of whether the Refunding Bonds are initially issued in certificated or non-certificated form; provided, however, that the Controller is also hereby authorized to name the City Clerk as the Fiscal Agent in connection with the Refunding Bonds. The Controller is hereby further delegated all powers of this Common Council with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. The Refunding Bonds shall be executed in the name of the City by the manual or facsimile signature of the Controller, and a facsimile of its corporate seal shall be imprinted thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph g of Section 90.00 of the Local Finance Law or subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law, as applicable, and the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Controller shall determine. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent. Section 3. It is hereby determined that the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law; the maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for the objects or purposes for which such Refunded Bonds were issued is as shown upon Exhibit A attached hereto and hereby made a part hereof; the last installment of the Refunding Bonds will mature not later than the expiration of the period of probable usefulness of the objects or purposes for which said Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph a of Section 90.00 of the Local Finance Law and subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law, as applicable; the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, if any, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, is as shown in the Refunding Financial Plan described in Section 4 hereof. Section 4. The financial plan for the aggregate of the refundings authorized by this resolution (collectively, the "Refunding Financial Plan"), showing the sources and amounts of all moneys required to accomplish such refundings, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit B attached hereto and made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in one series to refund all of the Refunded Bonds in the principal amount of $9,795,000, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth on Exhibit B attached hereto and made a part of this resolution. This Common Council recognizes that the Refunding Bonds may be issued in one or more series, and for all of the Refunded Bonds, or portions thereof, that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the City will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit B. The Controller is hereby authorized and directed to determine which of the Refunded Bonds will be refunded and at what time, the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the Controller; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.00 or Section 90.10 of the Local Finance Law as applicable. The Controller shall file a copy of his certificate determining the details of the Refunding Bonds and the final Refunding Financial Plan with the City Clerk not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. Section 5. The Controller is hereby authorized and directed to enter into an escrow contract or contracts (collectively the "Escrow Contract") with a bank or trust company, or with banks or trust companies, located and authorized to do business in this State as said President shall designate (collectively the "Escrow Holder") for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law. Section 6. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding Bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall be annually levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable. Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be paid to the City to be expended to pay interest on the Refunding Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the City irrespective of whether such parties have notice thereof. Section 8. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the City shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder. Section 9. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, in the event such bonds are refunded, the City hereby elects to call in and redeem each of the Refunded Bonds which the Controller shall determine to be refunded in accordance with the provisions of Section 4 hereof and with regard to which the right of early redemption exists. The sum to be paid therefor on such redemption date shall be the par value thereof, and the accrued interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the City in the manner and within the times provided in the Refunded Bond Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto. c � = m 0 ] m r : -- � =r CD \ / 0 \ \ § ƒ a \ / c � 4609 k k f Q = CD5 2 2 0 R o e. Er, =� CD ? § R « § 9 ® $ Ocm ƒ / \ 7 C. � M \ ° § f % 0 k % k § y -t § 2 kidEn 2 2 � aa0 n � 0 I � § GE & CD 0 CD d c ACD CD CD \ / Ln � CL Ln CD ? Ln 2 � �~ ^ram ; A RE\ o ITI B a \ / \ E E ¥ 0 EC % k \ ¢ b r o � y O C) O � V �Z o � � r b yr z Section 10. The Refunding Bonds shall be sold at public competitive sale or at private sale to (the "Underwriter") an underwriter as shall be determined by the Controller for purchase prices to be determined by the Controller, plus accrued interest from the date or dates of the Refunding Bonds to the date or dates of the delivery of and payment for the Refunding Bonds. Subject to the approval of the terms and conditions of such private sale by the State Comptroller as may be required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, the Controller, is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the City providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter if sold at private sale. After the Refunding Bonds have been duly executed, they shall be delivered by the Controller to the purchaser or to the Underwriter in accordance with said purchase contract upon the receipt by the City of said the purchase price, including accrued interest. Section 11. The Controller and all other officers, employees and agents of the City are hereby authorized and directed for and on behalf of the City to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. Section 12. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the Controller and all powers in connection thereof are hereby delegated to the Controller. The Controller shall be further authorized to issue said Refunding Bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law as said officer shall determine necessary. Section 13. The validity of the Refunding Bonds may be contested only if: 1. Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the Constitution. Section 14. A summary of this resolution, which takes effect immediately, shall be published in the official newspapers of said City, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. City of Ithaca Bond Resolution Information CA Meeting 6/18/14 Bond Resolution The City normally borrows funds twice a year January and August. To borrow funds Council must first authorize the issuance of the bonds. This request is to approve the authorization of Capital Projects approved by Council since our last authorization in December 2013. The projects needed for authorization include projects approved since January 2014 and any Council previously authorized projects not yet included in a bond resolution. All projects are issued on a cash flow need basis, meaning that the funds will be issued over the next six months as cash is needed. Attached you will find the projects needed for authorization in the amount of$4,687,700. My concerns related to the City's heavy debt load continue and we need to find ways to reduce the high amount of debt we have. Going forward, the high annual debt costs will restrict use of city funds for other uses. We are required to pay our debt first. Our current debt outstanding, not including this issue, is$115,544,220. While$50,516,279 of our out- standing debt is related to water, sewer or wastewater and is exempt from the debt limit,we still have a significant amount of general outstanding debt, $65,027,941. It's important to note that some of our debt is borrowed upfront and will be later repaid from state and federal sources. The amount of reimbursement for Federal and State aid will range from$5,000,000 to$8,000,000. A roll call two-thirds vote of the entire voting strength of Common Council is needed for approval in July. The total issuance for August will be$7,275,000 plus renewal of the BANS coming due. Of the new money, $4,275,000 is General Fund bonds. The other$3,000,000 is for Water Fund bonds. The largest amount of the$4,687,700 authorization relates to the Commons reconstruction project at $3,800,000. The Commons project will see significant Federal/State reimbursement, hopefully starting in August. The Water Treatment Plant project will have approximately$5,000,000 of additional bonding in 2015. Interest rates have been stable since our last issuance when we borrowed at .75%with a premium. We expect to borrow these funds through Bond Anticipation Notes at interest rates between .20% and 1.00%. We will also look at going long-term with some of the outstanding BANS as interest rates for long-term issues remain lower, in the 3.5% to 4.2% range. We expect some slow increase in the rates over the next year. The investment rate has been steady, but remains low, and is currently between .15% and .50%. Interest rates are very low for short-term borrowing with a bond rating of Aa or better. Our current bond rating is Aa2 as rated by Moody's. This rate is two rates below AAA. This is still a solid investment grade. We had several bidders on our last issue. While the interest rate market is great for borrowing, you must be able to afford it. 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