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HomeMy WebLinkAbout02-16-11 Planning & EDC Meeting Agenda MEETING NOTICE City of Ithaca Planning & Economic Development Committee Wednesday, February 16, 2011 — 7:00 p.m. Common Council Chambers, City Hall, 108 East Green Street A. Agenda Review B. Special Order of Business C. Public Comment and Response from Committee Members D. Announcements, Updates and Reports 1. Workforce Diversity Inclusion Report 2. Means Restriction on Bridges Update 3. Energy Sustainability Project Manager Update E. Action Items 1. Neighborhood Incentive Application (South Hill Civic Association) (memo and resolution enclosed, petition available on request) 2. Downtown Ithaca Alliance 2020 Strategic Plan — Endorsement (plan at www.downtownithaca.com/files/al1/2020 stratplan dia.pdf ) (resolution enclosed) 3. Support of Housing Study (Downtown Ithaca Alliance) (DIA memo, study proposal, resolution) 4. Collegetown Items a. Design Review - Draft Ordinance — Approval to Circulate (memo, draft ordinance, draft FEAF enclosed) b. Overall Project Progress, Timeline — Update F. Approval of Minutes G. Adjournment Questions about the agenda should be directed to Jennifer Dotson, Chairperson, (Idotson cityofithaca.org or 351-5458) or to the appropriate staff person at the Department of Planning & Development (274-6550). Back-up material is available in the office of the Department of Planning & Development. Please note that the order of agenda items is tentative and subject to change. Vhave a disability and require accommodations in order to fully participate, please contact the City Clerk at 274-6570 by 12:00 noon on Tuesday, February 15, 2011. # E1 TO: Members of the Planning& Economic Development Committee FROM: Leslie Chatterton, Historic Preservation &Neighborhood Planner RE: Neighborhood Improvement Incentive Fund(NIIF) DATE: February 16th, 2011 Attached is a Neighborhood Improvement Incentive Fund (NIIF) application and supporting documentation for the South Hill Civic Association. The funding will be used to cover their meeting space rental fee. NIIF supports events and projects that promote neighborhood improvement and interaction in many city neighborhoods. Please do not hesitate to contact me, at 274-6555 or lesliec@cityofithaca.org, if you would like further information about this program. # E1 Proposed Resolution Planning &Economic Development Committee February 16,2011 RESOLUTION: South Hill Civic Association Request for Neighborhood Improvement Incentive Funds WHEREAS, the City of Ithaca Common Council established the Neighborhood Improvement Incentive Fund in 1995 to provide financial assistance to city residents seeking to improve the quality of life in their neighborhoods, and WHEREAS, the fund is intended to support residents' interest in community improvement and to encourage,not replace,volunteerism, and WHEREAS, the funds are intended to be used for projects or events that provide a general neighborhood benefit,not the limited benefit of individuals or a select few residents, and WHEREAS, activities specified by the Council as eligible for the funding include, but are not limited to, items such as neighborhood clean-ups, planting in public places, and organizing neighborhood events like neighborhood block parties or meetings, and WHEREAS, neighborhood groups are required to submit a completed application specifying other project donations, estimated volunteer hours, estimated costs to be covered by the fund, and signatures of residents in the immediate neighborhood, and WHEREAS, each neighborhood group is eligible to receive up to $300 per year as a reimbursement award, payable upon the submission of original receipts or invoices for approved activities, and WHEREAS, the City cannot reimburse residents for sales tax expenses, and WHEREAS, the South Hill Civic Association has submitted a completed application for reimbursement funds to off-set expenses related to procuring a meeting space, and WHEREAS, the South Hill Civic Association charges no membership dues or fees; monthly meetings are organized by residents and attended by a varying mix of long-term residents, student residents,Ithaca College representatives, elected officials, and city staff, and WHEREAS, the South Hill Civic Association conducts several annual events, free and open to the public, including neighborhood clean-ups and an annual "welcome back, students" breakfast, and WHEREAS, these events generate a high level of volunteer hours and, in the case of the annual breakfast, leverage outside donations, and WHEREAS, the funding will support the program goal of strengthening Ithaca's neighborhoods, now, therefore be it RESOLVED, that the Planning & Economic Development Committee approves the request from the South Hill Civic Association for funding to off-set the cost of neighborhood meeting space in the amount of up to $300, to be granted upon presentation of original invoices and/or receipts. # E2 Proposed Resolution Planning & Economic Development Committee February 16, 2011 Endorsement of the Downtown Ithaca 2020 Strategic Plan Whereas, the Downtown Ithaca Alliance (DIA) had previously prepared and adopted a Ten Year Downtown Strategy: 2000-2010 that has helped to guide downtown revitalization over the past decade; and Whereas, the City of Ithaca Common Council voted to strongly endorse the Downtown Strategy: 2000-2010; and Whereas, significant change has occurred both in downtown since the preparation of the 2000-2010 Plan, including investment in excess of $100,000,000; and Whereas, significant change has occurred in the broader community since the preparation of the 2000-2010 Plan, including the growth of big box retail along Route 13 in both Ithaca and Lansing; and Whereas, there is a need to prepare a new strategic plan to guide downtown revitalization for the 2010-2020 decade; and Whereas, the DIA has spent the past several years obtaining community input on downtown issues, opportunities, and vision, meeting with stakeholder groups, neighborhood organizations, and the general public; and Whereas, the DIA has sought out and compiled community input and feedback and prepared a draft 2020 Strategic Plan that was then made available for public comment and critique; and Whereas, the Board of Directors of the DIA has reviewed the draft 2020 Strategic Plan, made editorial revisions and additions, and officially adopted the Downtown Ithaca 2020 Strategic Plan at its January 17, 2011 meeting; and Whereas, the City of Ithaca Common Council recognizes the need for a long term strategic plan to help guide both public policy decisions and public and private investment decisions pertaining to downtown; and Whereas, the Downtown Ithaca 2020 Strategic Plan provides a comprehensive vision for the future of downtown and lays out goals, objectives and action tasks needed to achieve this vision; therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby strongly endorse the Downtown Ithaca 2020 Strategic Plan prepared by the Downtown Ithaca Alliance, dated December 2010. jAprojects\economic development\reso p&ed 2020 downtown strategic plan 2-16-11.docx Dow ntawn To: Mayor Carolyn Peterson From: Gary Ferguson, Executive Director RE: Comprehensive Downtown Housing Study for Ithaca-Request for Match Funding Date: February 9, 2011 The Downtown Ithaca Alliance(DIA)proposes to undertake a comprehensive housing market study for downtown and the center city in 2011.This study will be conducted by the Danter Company(Columbus, OH), a nationally renowned housing market research firm specializing in residential market studies for private and public clients. The DIA has identified housing as a key driver of center city revitalization over the next ten years.The last housing market study to be undertaken was done in 2004 and proved to be a critical tool for encouraging projects to move forward. Given the national recession and the changing local marketplace, a new market study outlining demand and absorption is now needed. There are four major components to the study:a 100%survey of apartments and condominiums;survey of apartments throughout the market; a case study of comparable communities;and in-depth interviews with human resource directors. The completed analysis will provide: - Market demand figures over an extended period - Recommendations for unit mix - Absorption and support levels - Rent levels &sales price levels - Market rate and affordable support levels - A look at two scenarios-with and without enhanced transit spine connecting to IC and CU Schedule:a 10 week process(7 for data collection;3 for report preparation). Copies of the report will be distribute to our partners and the DIA will hold a briefing meeting to review the findings. Center Ithaca PMB 136 ® 171 East State Street ® Ithaca, New York 14850 607/277-8679 ® Fax 607/277-8691 E-mail: ithaca@lightlink.com www.downtownithaca.com Cost: The total cost for the base study is$12,250. Proposed Sources of funding: DIA $5,250(confirmed) County $2,000 City $2,000 CU $1,500 IC $1,500 Please consider investing$2,000 to complete this important housing market study. Results will shared with our partners DANTER PREPARED FOR: COMPANY Mr. Gary Ferguson - Executive Director Downtown Ithaca Alliance 171 East State Street, PMB#136 Center Ithaca Ithaca, New York 14850 PREPARED BY: Danter Company, LLC 2760 Airport Drive, Suite 135 Columbus, Ohio 43219 (614) 221-9096 (614) 221-4271 (FAX) February 9, 2011 A Proposal for a Comprehensive Downtown Housing Study in Ithaca, New York Mr. Gary Ferguson RANTER February 9, 2011 COMPANY I. INTRODUCTION This proposal outlines our approach to the identification of support for housing development in downtown Ithaca, New York. This study will address the market for rental and for-sale (condominium) multifamily development. We will identify short-term and long-term trends impacting this area, including elements that need to be in place for future development. This study will incorporate 4 major surveys: a 100% survey of downtown area apartments and condominiums, a survey of high- end apartments throughout the greater Ithaca area with a primary focus on those areas that have the greatest impact on the central city, case studies of communities in downtown areas similar to Ithaca and in-depth interviews with human resources directors of major downtown employers. The Danter Company has identified 23 factors impacting downtown residential development potential. Ithaca will be evaluated within the context of those 23 factors. This analysis will provide a matrix of recommendations for unit mix, number and size, competitive unit and project amenities; projected absorption and support levels; and rent levels or sales prices by development scenario. We will identify support levels for market- rate, as well as affordable housing (LIHTC). II. CONCLUSIONS AND RECOMMENDATIONS The overall goal of the study will be to identify housing development strategies and provide development guidelines for downtown Ithaca which can be used as a tool and resource for developers and housing advocates. Included in the report will be: A. Analysis of the overall demand for multifamily apartments and condominiums in the downtown area, including market- rate and low-income housing Tax Credit (LIHTC) units. (The report can be reformatted for investor and/or state housing finance agency requirements if needed.) B. Establish multifamily apartment trends and support components including in-migration and internal mobility. Page 2 Mr. Gary Ferguson February 9, 2011 DANTER COMPANY C. Support for multifamily development in the downtown area by rent range/sales prices, mix, and size/square footage. D. Discussion of product types, amenities/features, unit mix, and premiums associated with downtown apartments and condominiums. E. Estimated absorption by product type and rent range/sales price. F. Establish broad marketing strategies to optimize rent and absorption of downtown apartments and condominiums. G. Identify and quantify the level of support for downtown corporate rentals. H. Impact of an enhanced public transportation system on downtown housing development. (Such a system would connect downtown to Cornell and Ithaca College.) The report will include any changes in our recommendations as a result of the development of such a system. This would include overall demand by concept, mix, price and absorption. Development location also becomes an issue should the routing include service to previously under- developed areas. I. What additional amenities would attract people to downtown housing? J. What are the positive elements of living in an urban environment? K. What are the negative elements of living in an urban environment? III. OVERALL HOUSING ASSESSMENT — DOWNTOWN ITHACA A. MULTIFAMILY APARTMENT COMPONENT 1. Effective Market Area (EMA) The EMA, the smallest area from which downtown Ithaca attracts most of its support, is identified. Mobility patterns affecting development at the subject, natural and manmade boundaries that affect mobility, and area perceptions affecting the site area are all identified. In addition, interviews will be conducted with area planners, developers, project managers, and human resource departments to identify the likely sources of support for rental and for-sale housing. Page 3 Mr. Gary Ferguson February 9, 2011 DANTERI COMPANY Special consideration will be given to the role of student housing. 2. Modern Apartment Field Survey All conventional apartment developments within the downtown area will be surveyed and visited by our field analysts. The number of units surveyed is checked against census and local building permit data to ensure proper representation. The following information is identified for each community. a. Number of units b. Type of unit (garden/townhouse) C. Unit mix d. Rent e. Vacancies f. Percent students g. Percent seniors h. Unit amenities i. Project amenities j. Project type (market-rate or government subsidized) k. Utilities 1. Marketability rating of the project M. Year built/opened n. Photograph and GPS o. Determination of Comparability Index, an impartial apartment project comparison rating based on a community's unit, project, and aesthetic amenities P. Tenant profiles The use of a 100% data base allows us to use the following: • Step-up support • Exit and turnover vulnerability • Gap pricing • Regression analysis • Vacancy and occupancy dependencies Page 4 Mr. Gary Ferguson DANTEKI February 9, 2011 COMPANY These criteria will also be identified for each community in the field survey of high-end apartments throughout the area as well as those areas adjacent to downtown. Danter Company, LLC has found that an important support component for high-end rental housing in downtown areas originates in the transfer market. Since these renters have not made a decision on where to live, it is important to identify the base which these renters will likely consider that will influence their decisions. B. CONDOMINIUM/PATIO HOME FIELD SURVEY Condominium/patio home development in the EMA is surveyed to identify the following characteristics: 1. Number of units 2. Unit types 3. Purchase price 4. Square footage 5. Unit amenities 6. Project amenities 7. Association/maintenance fees 8. Builder/developer 9. Absorption trends C. CASE STUDIES Case studies of downtown areas similar to Ithaca will be conducted in 3 or 4 communities. Interviews will first be conducted with area planning agencies to identify multifamily options in the downtown areas. Once identified, the case studies will include the following. 1. An analysis and survey of all successful multifamily projects in each downtown area, including but not limited to: a. Number of units b. Type of unit (garden/townhouse) C. Unit mix d. Rent/sales prices e. Vacancies f. Unit amenities/floor plans Page 5 Mr. Gary Ferguson February 9, 2011 DANTER COMPANY g. Project amenities h. Project type (market-rate or government subsidized) i. Utilities j. Year built/opened k. Absorption history I. Tenant profiles 2. Interviews will be conducted with developers/ managers of projects to identify project history, marketing strategies, and absorption trends. Of special importance will be "mistakes made/ lessons learned" as well as funding and marketing strategies. Also critical to the case study component will be their assessment of the respective downtown areas in their evolution stage as a residential center. 3. The Danter Company has also conducted case studies of streetcar impact on housing and economic development. These will also be included. D. HUMAN RESOURCES INTERVIEWS Based on our prior downtown surveys in other well- developed markets, the transfer market may represent up to 80% of the support for multifamily housing in downtown areas. Often, human resources departments will influence where employees decide to live. As a result, it is important to identify what the current perceptions are of downtown Ithaca among human resources departments. They will also assist in identifying the level of support for short-term corporate rentals. The results of this survey will assist in formulating strategies for future development. At least 8 human resources departments of major employers will be interviewed in downtown Ithaca to identify the following: 1. Number of employees/current location of residence 2. Annual transfers 3. Perceptions of downtown housing 4. Employment projections 5. Potential for corporate units Page 6 Mr. Gary Ferguson RANTER February 9, 2011 COMPANY 6. In addition, human resource directors among major employers outside the downtown will also be interviewed. This will provide a "compare and contrast" opportunity relating to downtown perceptions as they impact employee referrals. E. INTERVIEWS Employee Interviews We would conduct two employee internet surveys. One, an internet survey of individuals currently working downtown and residing in the suburbs to identify the market potential to reside in a downtown residential development (both owner-occupied and rental). Two, a survey of employees of major employers throughout Ithaca to identify housing preferences as well as perceptions of the downtown area. Likelihood of living downtown would also be explored. It is anticipated that Downtown Ithaca Alliance will participate with major employers in the distribution of an email questionnaire. Housing issues that will be identified through the telephone survey include, but are not limited to, the following: • Perceptions of downtown as a place to work and/or live • Advantages of working downtown • Disadvantages of working downtown • Downtown housing preferences by employees willing to work downtown • Factors that deter employees from living downtown • Activities downtown employees participated in • Impact on housing choices of an "enhanced transit" service connecting downtown with Cornell and Ithaca College A preliminary draft of the questionnaire will be provided to you for review and comments. Page 7 Mr. Gary Ferguson RANTER February 9, 2011 COMPANY F. AREA ANALYSIS The subject area is profiled for the suitability for development as it relates to the market. A full area description will include identifying surrounding land uses, as well as proximity to area resident services. 1. Social, Demographic, and Economic Characteristics a. Population trends and projections b. Household trends and projections C. Distribution of households by age and income d. Household wealth e. Employment and unemployment trends f. General information, including schools, major employers, and media g. Existing housing characteristics, including occupancy rates 2. Area Mobility Patterns Mobility patterns affecting the proposed site area will be identified, and their impact on the proposed development will be discussed. 3. New and Proposed Developments a. Additional proposed or planned development and an analysis of its competitive impact on the proposed development area b. Other collateral development, including roads, shopping centers, buildings, or other economic development that could impact the proposed development area IV. PROJECT SCHEDULE We propose two phases. The first phase will include both primary and secondary data collection and consulting with your development team to identify the optimum product mix to achieve your ultimate goals. Phase II will be the preparation of the final report. Page 8 Mr. Gary Ferguson RANTER February 9, 2011 COMPANY It will be our goal to keep the client fully informed of our progress during the data collection period with regularly scheduled discussions. At the conclusion of Phase I, Danter Company, LLC and the client should both be fully informed as to the direction of the report. Only then will the final report be completed. Phase I will require 7 weeks for data collection. Timing of subsequent consulting will be determined by the client. Phase 11, report preparation, will require 3 weeks. Following is our proposal schedule for completion of this project. Week One: • Internal organizational meeting with the Danter Company, LLC staff for scheduling and orientation • Discussion with client and Project Director Weeks Two through Seven: • Secondary data collection • Field survey • Prepare and implement the internet survey • Compile data and analysis • A critical component of this assignment will be a full discussion with the client to review all data, identify and discuss development alternatives, and identify final development plan Weeks Eight through Ten: • Report preparation and delivery V. TERMS AND CONDITIONS The fee for this assignment will be as follows: Phase 1 $ 8,500 Phase II 3,750 Total $12,250 Page 9 Mr. Gary Ferguson DANTER February 9, 2011 COMPANY Fees are payable one-half ($6,125) in advance, with the balance ($6,125) due upon delivery of our report. The fee includes continued project consulting regarding market feasibility issues through completion of the report and provides an electronic copy of our report. In the event this project is canceled or put on "Hold," the following invoicing procedure will take effect. If the "Cancel" or "Hold" is initiated prior to the field trip, half of the advanced fee will be retained or 25% of the quoted fee will be invoiced at that time. If the "Cancel" or "Hold" is initiated after the field trip has been completed and prior to the completion of the written report, 75% of the quoted fee will be invoiced at that time. If the project is reinstated within 90 days, it will be assigned a new due date, and the balance of the previously quoted fee will be invoiced at project delivery. A finance charge of 1.5% per month (an annual percentage rate of 18%) will be assessed on invoices after 30 days. This proposal is valid for 30 days. VI. EXECUTION have enclosed a duplicate of this proposal, which, when signed and returned to the Danter Company, LLC will serve as a contract. Upon receipt of this dated and signed proposal, and initial payment of $6,125, we will initiate work on this project. This agreement shall be governed and construed in accordance with the laws of the State of Ohio. By accepting this agreement you further agree to submit to the jurisdiction of any state or federal court sitting in Ohio in any action or proceeding arising out of or relating to the enforcement of this agreement. By signing this agreement, you acknowledge that payment is not contingent upon successful closing or financing of the proposed project. This policy assures the independence of the Danter Company's analysis and conclusions. Page 10 Mr. Gary Ferguson DANTER February 9, 2011 COMPANY You further acknowledge that the Danter Company's study requires it to rely upon data gathered during interviews with major area employers, local officials and civic organizations. Danter Company, LLC also obtains data through surveys of area residents and statistical research from demographic materials. Although Danter Company, LLC considers these sources reliable, it cannot verify the data provided. Therefore, you further acknowledge and agree that Danter Company. LLC does not guaranty or warrant the data obtained or the projections and conclusions drawn from that data as stated in the project report. Kenneth Danter Gary Ferguson Danter Company, LLC Downtown Ithaca Alliance February 9, 2011 Date: KDlyg Encl. Page 11 DANTER COMPANY To Be Provided By Client 1. Contact: Name Address Phone No. FAX No. 2. Additional Contacts 3. Site Map 4. Project summary 5. Any prior appraisals, studies, evaluations (if available) 6. Loan submission (if available) 7. Signed contract 8. Retainer fee RANTER COMPANY Proposal Addendum This proposal can be expanded, including all work elements to include a comprehensive housing strategy for all of Ithaca-Tompkins County. The combined fee for both a downtown and countywide analysis strategy would be $17,500. Proposed Resolution Planning & Economic Development Committee February 16, 2011 Support for Downtown Housing Market Study Funding Request Whereas, the Downtown Ithaca Alliance (DIA) proposes to commission a comprehensive housing market study for downtown and center city, and Whereas, the DIA has received a proposal to conduct such a study from the Danter Company, a nationally renowned housing market research firm specializing in residential market studies, and Whereas, the study will provide an analysis of the overall demand for market-rate and affordable multi-family apartments and condominiums in the downtown area by rent/sales price, unit mix, unit size and absorption rate, and Whereas, the study will additionally analyze the impact on housing demand if an enhanced public transportation system connecting downtown to Cornell University and Ithaca College were developed, and Whereas, the cost of the study is $12,250, and Whereas, the DIA has committed $5,250 toward the study, and seeks match funding from Tompkins County, City of Ithaca, Cornell University and Ithaca College, and Whereas, the DIA requests $2,000 in funding from the City of Ithaca for this housing market study, and Whereas, the 2011 City of Ithaca budget includes $170,000 in the contingency account, and Whereas, the results of the study will assist the public and private sector develop housing in the downtown area that meets market demand, assess the impact on housing demand of developing an enhanced public transit system, and provide baseline housing data for development of the City's Comprehensive Plan Update; now, therefore, be it RESOLVED, That the Planning & Economic Development Committee does hereby support development of a downtown housing market study, and be it further RESOLVED, That the Planning & Economic Development Committee does hereby recommend that the City Administration Committee identify an appropriate funding source to provide $2,000 to pay a portion of a downtown housing market study to be conducted by the Danter Company. jAprojects\economic development\downtown\reso p&ed danter dtown housing study 2-16-11.docx # E4a CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING&DEVELOPMENT PHYLLISA A. DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 Email: planning@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning & Economic Development Committee From: Megan Gilbert, Planner Date: February 9, 2011 RE: Proposal to Adopt the City of Ithaca Design Review Ordinance The purpose of this memo is to provide information regarding the proposal to adopt the City of Ithaca Design Review Ordinance. One of the key recommendations of the "2009 Collegetown Urban Plan & Conceptual Design Guidelines" was the adoption of a binding design review process that would work in conjunction with the proposed hybrid code to improve the visual character of Collegetown. The proposed ordinance establishes this binding design review process and also revises the City's existing non-binding design review procedure to improve the efficiency of the process. The proposed ordinance would establish binding design review for all properties within the Collegetown Area Form Districts (proposed under a separate action) for all proposals for: • New construction, exterior alteration, or additions to any structure • Addition or removal of exterior signs • Changes to the site, including the addition of new or alterations to existing hardscape elements, including but not limited to paving, retaining walls, or fences • Demolition of any structure or any portion thereof The proposed ordinance would maintain non-binding design review in other areas of the city for proposals for: • New construction, exterior alterations, or additions to any structure within the zones designated B-lb; B-2b; B-2c; B-2d; all CBD zones, including CBD-60, CBD-85, CBD- 100, and CBD-120; and C-SU • New construction, exterior alterations, or additions to any structure 60 feet in height or greater in any zone • Demolition of any primary structure within any zone and demolition of any portion of any structures within the zones designated B-lb; B-2b; B-2c; B-2d; all CBD zones, including CBD-60, CBD-85, CBD-100, and CBD-120; and C-SU • New construction of a primary structure on a parcel within any zone within two years following a demolition of a primary structure on that parcel 1 # E4a The proposed ordinance repeals the existing §325-41, Design Review, and abolishes the Design Review Board. It establishes a procedure for a limited review of smaller proposals by the Director of Planning &Development and a procedure for a full review of larger projects by the Planning and Development Board. Proposals for full binding design review will require a public hearing, and notice must be published in the local newspaper and posted on the property in advance of the hearing. Any person aggrieved by a decision made pursuant to the proposed ordinance may apply to the Supreme Court in the State of New York for review under Article 78 of the Civil Practice Law and Rules. Staff will attend the Planning & Economic Development Committee meeting on Wednesday, February 16, 2011 to present the proposed design review ordinance. If you have any questions or comments regarding any of this information, please contact me at 274-6560. 2 2/10/1 1 # E4a An Ordinance Amending The Municipal Code Of The City Of Ithaca to Add Chapter 160, Entitled "Design Review" The ordinance to be considered shall be as follows : ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA TO ADD CHAPTER 160, ENTITLED "DESIGN REVIEW" BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows : Section 1. Chapter 325, Section 41 of the Municipal Code of the City of Ithaca is hereby repealed, and all subsequent articles and sections shall be hereby renumbered accordingly. Section 2 . A new chapter (Chapter 160) entitled "Design Review", is hereby added to the Municipal Code of the City of Ithaca, to read as follows: § 160-1. Title. �,hqpoo This chapter shall be known and may be cited as the "City of Ithaca Design Review Ordinance. " § 160-2 . Pur .;.Intent. A. This section is intended to promote the general public welfare by: 1 . Promoting desirable urban growth and development; 2 . Promoting excellence of architectural and urban design; 3. Preserving and enhancing community resources such as historic architecture and neighborhood character; 4 . Achieving compatibility with adjacent properties . B. The intent of this chapter is to provide for the review of plans for construction, exterior alterations, additions, or demolition of structures in certain zones of the City or under certain conditions, which zones and conditions are hereby deemed special in nature in terms of architectural character, intensity of existing use and development, sensitivity to the effect of change in use, or other reason. Page 1 of 7 2/10/1 1 # E4a § 160-3. Applicability. Proposals subject to either binding or non-binding design review, depending on the type of proposal and the property' s zoning district, are as follows: A. Binding Design Review 1 . For any parcel or any portion of any parcel within the Collegetown Area Form Districts (as defined in Chapter 325, Article IV) , all design review recommendations shall be binding. Binding design review shall apply to all proposals for: a. New construction, exterior alterations, or additions to any structure. b. Addition or removal of exterior signs. c. Changes to the site, such as the addition of new or alterations to existing hardscape elements, including but not limited to paving, retaining walls, or fences . d. Demolition of any structure or of any portion thereof. B. Non-Binding Design Review 1 . In all other areas of the city in which design review is required, design ,.review recommendations shall not be ,binding, unless such recommendation shall also be incorporated into a decision by the Board of Zoning Appeals or as a condition of site plan approval by the Planning and Development Board. Non-binding design review shall apply � to all proposals for: a. New construction, exterior alterations, or additions to any structure within the zones designated B-lb; B-2b; B-2c; B-2d; all CBD zones, including CBD-60, CBD-85, CBD-100, and CBD-120; and C-SU. b. New construction, exterior alterations, or additions to any structure 60 feet in height or greater in any zone. c. Demolition of any primary structure within any zone, and demolition of any portion of any Page 2 of 7 2/10/1 1 # E4a structures within the zones designated B-lb; B-2b; B-2c; B-2d; all CBD zones, including CBD-60, CBD-85, CBD-100, and CBD-120; and C-SU. c. New construction of a primary structure on a parcel within any zone within two years following a demolition of a primary structure on that parcel. § 160-4. Exemptions. "AN Any action pertaining to any structure locally designated as a landmark or within a locally designated historic district shall be reviewed by the Ithaca Landmarks Preservation Commission, and is therefore exempt from the requirement for design review. § 160-5. Limited Binding and Non-Binding Design Review Procedure. A. The Building Commissioner shall determine whether binding or non-binding design review is required when an application for a building permit or demolition permit is submitted. If the determination is made that binding or non-binding design review is required, the Building Commissioner shall transmit the application to the Director of Planning & Development. B. Upon receipt of the application, the Director of Planning & Development shall determine whether the proposal shall be subject to a limited or full design review. C. For proposals for exterior alterations that require binding design review, the Director of Planning and Development shall determine whether the proposal can have a limited review by staff or requires full review by the Planning and Development Board. The Director of Planning and Development may review and approve minor exterior alterations such as in-kind replacements; limited landscape work; small changes to doors, light fixtures, paving, steps, or fences; or other similar minor modifications. D. For all proposals that require non-binding design review, the Director of Planning and Development shall have the authority to conduct a limited review of proposals that meet the following thresholds: Page 3 of 7 2/10/11 # E4a 1 . For modification and expansion of residential development, an upper threshold of 4, 000 square feet (sf) of total affected site area. 2 . For new construction, modification or expansion of nonresidential development in residential zones, an upper threshold of 3, 000 sf of total affected site area. 3. For modification and expansion of nonresidential development in nonresidential zones, an upper threshold of 10, 000 sf of total affected site area. 4 . All proposals for demolition E. If a proposal may cause public'controversy, the Director of Planning and Development may refer the proposal to the Planning and Development Board for full review. ssss.. glop'. " $ 160-6. Full Binding Design Review Procedure. A. The Building Commissioner shall determine whether binding or non-binding design review is required when an application for a building permit or demolition permit is submitted. If the determination is made that binding or non-binding design review is required, the Building Commissioner shall transmit the application to the Director of Planning & Development. B. Upon receipt of the application, the Director of Planning & Development shall determine whether the proposal shall be subject to a limited or full design review. C. The individual or group making the proposal shall submit an application to the Department of Planning & Development for full design review with the following information (as appropriate) or shall include the following information (as appropriate) with an application for site plan review: 1 . Name and contact information of the applicant; 2 . Location and photographs of the property; 3. Architectural plans, site plans and drawings of building facades; 4 . Lists and/or samples of materials to be used; 5. Where the proposal includes signs or lettering, a scale drawing showing the Page 4 of 7 2/10/11 # E4a type of lettering to be used, dimensions, colors, method of illumination, and a plan showing the sign' s location on the property; 6. Any other information necessary to visualize the proposed work. D. Upon application for full design review, a public notice of the proposal shall be posted for a minimum of 10 days. This notice must remain in place until the design review has been completed. The notice shall specify the proposed work, the time and place of the public hearing, and to whom and by when any public comments are to be communicated. The notice must be placed at or near the property line in the front yard so that it will be plainly visible from the street, and, in cases where a property has frontage on more than one street, so that the sign will be plainly visible from the street on which it has such additional frontage. E. The Planning and Development Board shall hold a public hearing prior to reviewing any proposal. Notice of the public hearing shall be published at least once in the City' s official newspaper at least 5 days prior to the public hearing. The notice shall specify the time and place of the public hearing, a brief description of the proposal, and the location where the proposal may be reviewed prior to the hearing. The public hearing may be combined with any other public hearing required for the project. F. The Planning and Development Board shall reference the "2009 Collegetown Urban Plan & Conceptual Design Guidelines" as a resource during design review. The Board shall approve, deny, or approve the design with modifications within 65 days from the completion of environmental review. The failure of the Planning and Development Board to act within 65 days of the filing of an application, unless an extension is mutually agreed upon by the applicant and the Board, shall be deemed to constitute approval. G. All design review recommendations shall be communicated in writing no later than 10 working days after the meeting at which the recommendations are made. A copy shall be Page 5 of 7 2/10/1 1 # E4a sent to the applicant by mail and a copy filed with the Building Commissioner. § 160-7 . Full Non-Binding Design Review Procedure A. The Building Commissioner shall determine whether binding or non-binding design review is required when an application for a building permit or demolition permit is submitted. If the determination is made that binding or non-binding design review is required, the Building Commissioner shall transmit the application to the Director of Planning & Development. B. Upon receipt of the application, the Director of Planning & Development shall determine whether the proposal 'shall be subject to a limited or full design review. C. Any individual or group proposing new construction or development anywhere within the City of Ithaca may request an informal design review and advisory recommendation. D. The individual or group making the proposal shall submit an application to the Department of Planning & Development for full design review with the following information (as appropriate)_ or shall include the following'information (as appropriate) with an application for site ] an review: 1 . Name and contact information of the , applicant; 2e Location and photographs of the property; Architectural plans, site plans and ,drawings of building facades; 4 . Lists and/or samples of materials to be used; 5 . Where the proposal includes signs or lettering, a scale drawing showing the =type of lettering to be used, dimensions, colors, method of illumination, and a plan showing the sign' s location on the property; 6. Any other information necessary to visualize the proposed work. E. The Planning and Development Board shall review the proposal and make any recommendations within 45 days from receipt of the completed application. The failure of the Planning and Development Board to act within 45 days of the filing of an application, unless an extension is mutually Page 6 of 7 2/10/11 # E4a agreed upon by the applicant and the Board, shall be deemed to constitute approval. F. All design review recommendations shall be communicated in writing no later than 10 working days after the meeting at which the recommendations are made. A copy shall be sent to the applicant by mail and a copy filed with the Building Commissioner. § 160-8 . Appeals. Any person aggrieved by any decision made pursuant to this chapter may apply to the Supreme Court in the State of New York for review under Article 78 of the Civil Practice Law and Rules . Section 3. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Page 7 of 7 # E4a 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: Adoption of the "City of Ithaca Design Review Ordinance" Name of Lead Agency: City of Ithaca Common Council Name and Title of Responsible Officer in Lead Agency: Mayor Carolyn Peterson Signature of Responsible Officer in Lead Agency: Signature of Preparer: Megan Gilbert Date: FULL ENVIRONMENTAL ASSESSMENT FORM PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the Full Environmental Assessment Form(FEAF) will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring requinng such additional work is unavailable, so indicate andspecify each instance. kame of Action: Adoption of the "City of Ithaca Design Review Ordinance" rocation of Action: City of Ithaca rame of Applicant/Sponsor: City of Ithaca lAddress: 108 East Green Street City/Town/Village: Ithaca State: NY ZIP: 14850 rusiness Phone: (607) 274-6550 rame of Owner(If Different): lAddress: City/Town/Village: State: ZIP: Business Phone: Description of Action: (1) Establishment of binding design review for parcels within the Collegetown Area Form Districts (proposed under separate action) (2) Establishment of non-binding design review for certain proposals (identified in the proposed legislation) in other zoning districts throughout the City, as previously included under §325-41, Design Review (3) Repeal of§325-41, Design Review Page 2 jAgroups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc Please Complete Each Question--Indicate N/A if not applicable A. SITE DESCRIPTION (Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: Urban X❑ Industrial — Commercial a Public ❑❑ Forest Agricultural FE-11 Other:_ 2. Total area of project area: city-wide (approx. 6.1 s . miles) Chosen units apply to following section also) Approximate Area (Units in question 2 apply to this section) Presently After Completion a. Meadow or Brushland(non-agricultural) N/A 11 N/A b. Forested N/AF N/A c. Agricultural N/A N/A 2d. Wetland[as per Articles 24 of Environmental Conservation Law(ECL)] N/A 11 N/A e. Water Surface Area N/AF N/A f. Public N/A N/A 12g. Water Surface Area N/A N/A 2h. Unve etated(rock, earth or fill) N/A i. Roads,buildings and other paved surfaces N/A N/A '. Other indicate e) N/A N/A 3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): N/A 3b. Soil Drainage: N/A Well Drained % of Site E] Moderately Well Drained % of Site Poorly Drained % of Site 4a. Are there bedrock outcroppings on project site? es [_]No LX /A 4b. What is depth of bedrock? N/A (feet 4c. What is depth to the water table? N/A feet) 5. Approximate percentage of proposed project site 0-10% % L 10-15% % with slopes: E 15% or greater % N/A 6a. Is project substantially contiguous to, or does it contain a building, site or district, listed on or es ❑No XIN/A eligible for the National or State Register of Historic Places? 6b. Or designated a local landmark or in a local �T landmark district? es �To i N/A 7. Do hunting or fishing opportunities presently exist in the project area? es �No �/A If yes, identify each species: Page 3 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc SITE DESCRIPTION (Concluded) 8. Does project site contain any species of plant or es L]No X]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 L]No X]N/A project site? (i.e., cliffs, other geological formations) Describe: 10. Is the project site presently used by the es LJNo XIN/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 L]No X]N/A known to be important to the community? Describe: 12. Is project within or contiguous to a site �Jyes ®No X]N/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 or name of river to which it is a tributary: 14. Lakes,ponds,wetland areas within or contiguous a. Name: to project area: Size in acres): 15. Has the site been used for land disposal of solid es L]No X]N/A or hazardous wastes? Describe: 16. Is the site served by existing public utilities? es L]No X]NVA a. If Yes, does sufficient capacity exist to allow connection? es QNo X❑N/A b. If Yes, will improvements be necessary to es QNo i juv�,�/A allow connection? PYPage 4 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project fill in dimensions as appropriate) city-wide la. Total contiguous area owned by project sponsor in acres: N/A orsquare feet: lb. Project acreage developed: N/A Acres initially N/A 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 1L Number of off-street parking spaces existing: N/Aproposed: N/A 1 . Maximum vehicular trips generated(upon completion ofproject)per day: N/A and per hour: N/A 1h. Height of tallest proposed structure: N/A 771 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: 3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres: N/A e of vegetation: 4. Will any mature trees or other locally important vegetation be removed by thisproject? N/A 5. Are there any plans for re-vegetation to replace that removed during construction? N/A 6. If single phase project, anticipated period of construction N/A months, (including demolition 7. If multi-phased project, anticipated period of construction N/A months, (including demolition 7a. Total number of phases anticipated: N/A 7b. Anticipated date of commencement for first phase N/A month ear, includin demolition) 7c. Approximate completion date of final phase N/A month N/A ear. 17d. Is phase one financially dependent on subsequent phases? Dyes ❑❑No XD /A S. Will blasting occur during construction? Dyes ❑❑No[�/A; if yes, explain: 9. Number of jobsgenerated: 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 D o XD /A; if yes, explain: 12a. Is surface or subsurface liquid waste disposal involved?0Yes ❑Mo�/A; if yes, explain: 12b. If#12a is yes, indicate type of waste (sewage, industrial, etc): 12c. If surface disposal, where specifically will effluent be discharged? 13.Will surface area of existin kes,ponds, streams, or other surface waterways be increased or decreased by proposal?❑Dyes ❑❑NoTLIN/A;X if yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood Page 5 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc plain? Dyes ❑❑No X� /A 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, 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?DYes ONO I /A; 14d. If#14a, b or c is yes, explain: 15a. Does project involve disposal or solid waste?❑Dyes ONOI /A; 15b. If#15a is yes, will an existing solid waste disposal facilitybe used? ❑ es ❑ o ❑ /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 landfil 0 Dyes ONo X /A; if yes, explain: 15e. Will any solid waste be disposed of on site? Dyes ONO X /A; if yes, explain: 16. Will project use herbicides or pesticides?❑❑Yes ❑Mo X� /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 ao ❑❑N/A; if yes, explain: 118. Will project produce odors? Dyes ONO ❑X /A; if yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? ❑Yes DNo �X /A; After construction?❑Dyes DNo — /A 20. Will project result in an increase of energy use?Dyes ONO X� /A; if yes, indicate type(s) 1. Total anticipated water usage per day: gals/day. N/A Source of water Page 6 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? X❑ es ❑❑No M/A; if yes, indicate the decision required: FE-11 Zoning Amendment ❑❑Zoning Variance ❑O ew/revision of master plan FE Subdivision ❑❑ Site Plan OSpecial Use Permit OResource Management Plan DOther: 2. What is the current zoning classification of site? Binding design review: TR-1, TR-2, TR-3, TR-4. VR- 1,VR-2, VR-3,VR-4,VR-5, and MU; non-binding design review: all City zoning districts 3. If the site is developed as permitted by the present zoning,what is the maximum potential development? N/A 14. Is proposed use consistent with present zoning?Dyes ❑❑No a] /A 5. If#4 is no, indicate desired zoning: 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? N/A r7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? Oyes ❑❑No UX /A; If no, explain: 8. What is the dominant land use and zoning classification within a 1/4 mile radius of the project? (e.g. R-la or R-lb) all City zoning districts 9. Is the proposed action compatible with adjacent land uses? X❑ es ❑❑No ❑ON/A Explain: 10a. If the proposed action is the subdivision of land,how many lots are proposed? N/A 10b. What is the minimum lot size proposed? N/A 11. Will the proposed action create a demand for an community-provided services? (recreation, education, police, fire protection, etc.) ? Dyes ❑Mo FA /A Explain: If yes, is existing capacity sufficient to handle projected demand? 1❑Yes DNo O❑N/A Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑❑Yes ❑I o RN/A If yes, is the existing road network adequate to handle the additional traffic?❑ ❑ es o /A Explain: Page 7 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc A APPROVALS 1. Approvals: Common Council Adoption 2a. Is any Federal permit required? 0❑Yes [�o M/A; Specify: b. Does project involve State or Federal funding or financing?❑❑Yes MX o ❑❑N/A; If Yes, Specify: 2c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Re uired Date Date Common Council Yes Adoption Board of Zoning Appeals BZA No Planning& Development Board No Ithaca Landmarks Preservation No Commission ILPC) Board of Public Works BPW No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) Page 8 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal,please discuss such impacts and the measures which you propose to mitigate or avoid them. F. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: Signature: Title: END OF PART 1 Page 9 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc City of Ithaca Long Environmental Assessment Form PART 2—PROJECT IMPACTS AND THEIR MAGNITUDES Project Name: Adoption of the"City of Ithaca Design Review Ordinance" IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? Small to Potential Can Impact be ❑Yes X❑No Moderate Large Reduced by Impact Impact Project Change? Any construction on slopes of 15%or greater, (15 foot rise per 100 foot of []Yes ❑No length), or where the general slope in the project exceeds 10%. Construction on land where the depth to the water table is less than 3 feet. F ❑Yes ❑No Construction of parking facility/area for 50 or more vehicles. F F []Yes ❑No Construction on land where bedrock is exposed or generally within 3 feet ❑yes []No of existing ground surface. Construction that will continue for more than 1 year or involve more than ❑yes ❑No one phase or stage. Evacuation for mining purposes that would remove more than 1,000 tons []Yes ❑No of natural material(i.e. rock or soil)per year. Construction of any new sanitary landfill. F ❑Yes ❑No Construction in a designated floodway. F ❑Yes ❑No Other impacts: F ❑Yes ❑No 2.Will there be an effect on any unique landforms found on the site? (i.e. FModerate mall to Potential Can Impact be cliffs, gor es,geological formations, etc.) Large Reduced by ❑Yes No mpt Impact Project Change? Specific land forms: []Yes ❑No IMPACT ON WATER 3. Will project affect any water body designated as protected? (Under Small to Potential Can Impact be article 15 or 24 of the Environmental Conservation Law,E.C.L.) Moderate Large Reduced by Project ❑Yes X❑No Impact Impact Change? Developable area of site contains a protected water body ❑Yes ❑No Dredging more than 100 cubic yards of material from channel of a []Yes ❑No protected stream. Extension of utility distribution facilities through a protected water body. F F []Yes ❑No Construction in a designated freshwater wetland. ❑Yes []No Other impacts: []Yes []No Page 10 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc 4. Will project affect any non-protected existing or new body of Small to Potential Can Impact be Reduced water? Moderate Large []Yes X❑No Impact Impact by Project Change? A 10%increase or decrease in the surface area of any body of []Yes []No water or more than a 10,000 sq. ft. of surface area. Construction, alteration, or conversion of a body of water that ❑yes []No exceeds 10,000 sq. ft. of surface area. Fall Creek.,Six Mile Creek, Cascadilla Creek, Silver Creek, []Yes []No Cayuga Lake or the Cayuga Inlet? Other impacts: Eyes ❑No 5. Will Mro'ectSmall to Potential affect surface or groundwater quality? Can Impact be Reduced ❑YesNo Moderate Large by Project Change? Impact Impact Project will require a discharge permit. ❑Yes ❑No Project requires use of a source of water that does not have Dyes []No approval to serve proposed project. Construction or operation causing any contamination of a public ❑yes ❑No water supply system. Project will adversely affect groundwater. ❑Yes ❑No Liquid effluent will be conveyed off the site to facilities which []Yes ❑No presently do not exist or have inadequate capacity. Project requiring a facility that would use water in excess of Dyes ❑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 obvious F ❑Yes ❑No visual contrast to natural conditions. Proposed Action will require the storage of petroleum or chemical ❑Yes ❑No products greater than 1,100 gallons. Other impacts: ❑Yes ❑No 6. Will project alter drainage flow, drainage patterns or surface Small to Can Impact be water runoff? Moderate Potential Large Reduced by Project Dyes X❑No Impact Impact Change? Project would impede floodwater flows. F ❑Yes ❑No Project is likely to cause substantial erosion. ❑Yes ❑No Project is incompatible with existing drainage patterns. ❑Yes ❑No Other impacts: Other impacts: []Yes 0 No Page 11 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc IMPACT ON AIR 7. Will project affect air quality? Small to Moderate Potential Large Can Impact be Reduced by ❑Yes XJ No Impact Impact Project Change? Project will induce 500 or more vehicle trips in any []Yes ❑No 8-hour period per day. Project will result in the incineration of more than ❑Yes ❑No 2.5 tons of refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs per hour or a heat source producing more than []Yes ❑No 10 million BTUs per hour. Other impacts: ❑Yes ❑No IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered Small to Moderate Potential Large Can Impact be Reduced by species? []Yes X❑No Impact Impact Project Change? Reduction of any species listed on the New York or Federal list,using the site, found over, on, or near ❑Yes ❑No site. Removal of any portion of a critical or significant ❑Yes ❑No wildlife habitat. Application of pesticide or herbicide more than []Yes ❑No twice a year other than for agricultural purposes. Other impacts: []Yes ❑No 9. Will proposed action substantially affect non- Small to Moderate Potential Large Can Impact be Reduced by threatened or non-endangered species? Impact Impact Project Change? ❑Yes ❑X No Proposed action would substantially interfere with []Yes ❑No any resident or migratory fish or wildlife species. Proposed action requires the removal or more than 1/2 acre of mature woods or other locally important []Yes ❑No vegetation. Other impacts: []Yes ONO IMPACT ON AESTHETIC RESOURCE 10. Will the proposed action affect views,vistas or the Small to Potential Large Can Impact be Reduced by Project visual character of the neighborhood or community? Moderate Impact Change? Page 12 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc []Yes j]No Impact Proposed land uses, or proposed action components obviously different from or in sharp contrast to current surrounding land use patterns,whether man-made or Dyes ❑No natural. Proposed land use, or proposed action components visible to users of aesthetic resources which will ❑Yes ❑No eliminate or significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in the elimination or major screening of scenic views known to be important to ❑Yes ❑No the area. Other impacts: The proposed action is the adoption of a design review process that will have a positive []Yes ❑No impact on the urban form of the city. IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure Small to potential Large Can Impact be Reduced by Project of historic, rehistoric or paleontological importance? Moderate Impact p Change?es J❑Y Impact Proposed action occurring wholly or partially within or contiguous to any facility or site listed on or eligible ❑Yes ❑No for the National or State Register of Historic Places. Any impact to an archaeological site or fossil bed ❑yes ❑No located within the project site. Proposed action occurring wholly or partially within or contiguous to any site designated as a local []Yes ❑No landmark or in a landmark district. Other impacts: ❑Yes ❑No Page 13 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of Small to Can Impact be Potential Large existing or future open spaces or recreational opportunities? Moderate Reduced by Project ❑Yes ❑X No Impact Impact Change? The permanent foreclosure of a future recreational opportunity. []Yes []No A major reduction of an open space important to the ❑Yes ❑No community. Other impacts: Oyes ❑No IMPACT ON UNIQUE NATURAL AREAS AND CRITICAL ENVIRONMENTAL AREAS 13. Will the proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area Small to potential Large Can Impact be Reduced (UNA)or a critical environmental area(CEA)by a local or Moderate Impact b Project Chan e? state agenc ? Impact p y g ❑Yes aX No Proposed Action to locate within a UNA or CEA? Dyes ❑No Proposed Action will result in a reduction in the quality of ❑Yes ❑No the resource Proposed Action will impact the use, function or enjoyment []Yes ❑No of the resource Other impacts: ❑Yes ❑No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation Small to Can Impact be Reduced systems? Moderate Potential Large Impact by Project Change? ❑Yes EK No Impact Alteration of present patterns of movement of people Dyes ❑No and/or goods. Proposed action will result in major traffic problems. ❑Yes ❑No Other impacts: ❑Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources Small to potential Can Impact be Reduced b Project of fuel or energy supply? Moderate p y ❑Yes j]No Impact Large Impact Change? Proposed action causing greater than 5%increase in any Dyes ❑No form of energy used in municipality. Page 14 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc Proposed action requiring the creation or extension of an energy transmission or supply system to serve more than Dyes ❑No 50 single or two family residences. Other impacts: ❑Yes ❑No IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors,noise, glare,vibration Small to Potential or electrical disturbance during construction of or after Moderate Large Can Impact be Reduced by completion of this proposed action? Impact Impact Project Change? ❑Yes ❑X 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) oyes ❑No Proposed action will produce operating noise exceeding the ❑yes []No local ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act ❑yes ❑No as a noise screen. Other impacts: Dyes []No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? Small to Potential Can Impact be Reduced ❑Yes X No Moderate Large Impact by Project Change? Impact Proposed action will cause a risk of explosion or release of hazardous substances (i.e. oil,pesticides, chemicals, ❑Yes ❑No radiation, etc.)in the event of accident or upset conditions, or there will be a chronic low-level discharge or emission. Proposed action may result in the burial of"hazardous wastes"in any form(i.e. Toxic,poisonous,highly reactive, []Yes ❑No radioactive,irritating, infectious, etc.) Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of ❑Yes ❑No solid or hazardous wastes. Proposed action will result in the 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.) Storage facilities for 50,000 or more gallons of any liquid []Yes ❑No fuel. Use of any chemical for de-icing, soil stabilization or the control of vegetation,insects or animal life on the premises of []Yes ❑No any residential, commercial or industrial property in excess of 30,000 square feet. Page 15 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc Other impacts: ❑Yes ❑No IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing Small to act be Reduced b communit 9 Moderate potential Can Impact y ❑Yes X No Impact Large Impact Project Change? The population of the City in which the proposed action is located is likely to grow by more than 5%of resident human ❑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. The proposed action will replace or eliminate existing facilities, structures, or areas of historic importance to the Dyes []No community. Development will create a 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. Other impacts: The proposed action is the adoption of a design review process that will have a positive impact on ❑Yes ❑No the urban form of the city. 19. Is thZXNo ublic controversy concerning the proposed action? Small to Potential Can Impact be Reduced ❑Yes Moderate Large by Project Change? Impact Impact Either government or citizens of adjacent communities have expressed opposition or rejected the proposed action or have not ❑Yes ❑No been contacted. Objections to the proposed action from within the community. ❑Yes ❑No If any action in part 2 is identified as a potential large impact,or if you cannot determine the magnitude of impact,proceed to part 3. Page 16 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc PART 3 The proposed action is the adoption of the City of Ithaca Design Review Ordinance that will include: A. Binding design review for any parcel or any portion of any parcel within the Collegetown Area Form Districts (proposed under a separate action) for proposals for: • New construction, exterior alteration, or additions to any structure • Addition or removal of exterior signs • Changes to the site, including the addition of new or alterations to existing hardscape elements, including but not limited to paving,retaining walls, or fences • Demolition of any structure or any portion thereof B.Non-binding design review in other areas of the city for proposals for: • New construction, exterior alterations, or additions to any structure within the zones designated B-1b;B-2b;B-2c; B-2d; all CBD zones, including CBD-60, CBD-85, CBD-100, and CBD-120; and C-SU • New construction, exterior alterations, or additions to any structure 60 feet in height or greater in any zone • Demolition of any primary structure within any zone and demolition of any portion of any structures within the zones designated B-lb;B-2b; B-2c;B-2d; all CBD zones, including CBD-60, CBD-85, CBD-100, and CBD-120; and C-SU • New construction of a primary structure on a parcel within any zone within two years following a demolition of a primary structure on that parcel The proposed ordinance repeals the existing §325-41, Design Review, and abolishes the Design Review Board. It establishes a procedure for a limited review of smaller proposals by the Director of Planning&Development and a procedure for a full review of larger projects by the Planning and Development Board. Proposals for full binding design review will require a public hearing, and notice must be published in the local newspaper and posted on the property in advance of the hearing. Any person aggrieved by a decision made pursuant to the proposed ordinance may apply to the Supreme Court in the State of New York for review under Article 78 of the Civil Practice Law and Rules. The proposed action will have no negative impacts and will be more protective of the environment. The adoption of the proposed ordinance will have the positive impact of improving the urban form and visual character of the city. Page 17 j:\groups\planning and econ dev committee\2011 planning and economic development committee\02 february\design review feaf form.doc