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HomeMy WebLinkAbout09-15-10 Planning & EDC Meeting Agenda MEETING NOTICE City of Ithaca Planning & Economic Development Committee Wednesday, September 15, 2010 – 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. Draft Collegetown Incentive Zoning Ordinance (draft ordinance enclosed, for discussion in October) E. Action Items 1. Endorsement of the Neighborhood Pride Grocery Project for Assistance by the Tompkins County Industrial Development Agency - Resolution (resolution enclosed) 2. Recommendation to designate the Jane A. Delano House as a Local Historic Landmark – Resolution (materials distributed to Council previously; resolution to be distributed at the meeting) F. Discussion Items 1. Collegetown Area Form District Zoning Ordinance – Approval to Circulate (memo and draft of proposed zoning distributed previously) 2. Smoking Regulations – Possible Changes 3. Rezoning of E State/MLK St Parcels from B-4 to CBD-60 – Approval to Circulate (memo enclosed) G. Approval of Minutes – November 19, 2008 H. Adjournment Questions about the agenda should be directed to Jennifer Dotson, Chairperson, (jdotson@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. If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274-6570 by 12:00 noon on Tuesday, September 14, 2010. D1 9/10/10 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Establish the Collegetown Overlay Zone Height Incentive District (COZ-HI) The ordinance to be considered shall be as follows: ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED “ZONING” TO ESTABLISH THE COZ-HI ZONING DISTRICT. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Sections 325-4 and 325-5 of the Municipal Code of the City of Ithaca be amended to create a new overlay zone to be known as the Collegetown Overlay Zone Height Incentive District (COZ-HI)) Section 1. Declaration of Legislative Findings and Purpose With the endorsement of the “2009 Collegetown Urban Plan & Conceptual Design Guidelines,” the Common Council identified several goals to create an “outstanding urban environment” in Collegetown. Several aspects of the envisioned environment already exist; others will be more difficult to realize without incentive. The City’s goals for Collegetown include: • To further diversify the Collegetown population to include a greater number of employees and residents whose presence is not dependent on the academic calendar • To sustain a thriving, year-round Collegetown business district • To encourage strong residential areas to the east and west of the Mixed Use (MU) District with a mix of owner-occupants and students • To promote a convenient public transportation system, thus reducing traffic congestion and parking demand The “2009 Collegetown Urban Plan & Conceptual Design Guidelines” recommends the adoption of an incentive zone to address these desirable but difficult to achieve goals. Pursuant to § 81-d of the New York State General City Law, the Common Council is authorized to “provide for the granting of incentives or bonuses” for the purpose of advancing “the city’s specific physical, cultural, and social policies in accordance with the city’s comprehensive plan and in coordination with other community planning mechanisms or land use techniques.” The Common Council finds that the establishment of the CHIOZ Ordinance will advance the City’s physical, cultural, and social policies for Collegetown as specified in the “2009 Collegetown Urban Plan & Conceptual Design Guidelines.” Section 2. Chapter 325, Sections 325-4 and 325-5 of the Municipal Code of the City of Ithaca is hereby amended to create an overlay zone in areas located in the proposed MU district to be entitled Collegetown Height Incentive Overlay Zone, the boundaries of which are shown on the map entitled “Proposed Collegetown Overlay Zone - Height Incentive District (COZ-HI) – August 2010” Section 3. Chapter 325, of the Municipal Code of the City of Ithaca is hereby amended to add a new Article entitled Collegetown Overlay Zone-Height Incentive District(COZ-HI), to be inserted as Chapter 325, Article IV, and all subsequent articles and sections shall be hereby renumbered accordingly. Article IV Collegetown Overlay Zone-Height Incentive District (COZ-HI), shall read as follows: ⁄⁄⁄⁄ 325-11. Purpose and Intent. In accordance with § 81-d of the General City Law of the State of New York, this article authorizes the Planning and Development Board, during the process of Site Plan Review pursuant to Chapter 276, Site Plan Review, of the Code, to make allowances for buildings to exceed the maximum allowable height of the MU zone in exchange for the provision of an approved community benefit, subject to the limitations contained in this section. CHIOZ height incentives may be approved in order to promote the following purposes: A. To encourage development that would increase year round activity in the MU district. B. To encourage the use of public transit through the provision of enhanced transit facilities, thereby reducing traffic congestion and parking demand in the MU district. C. To encourage developers to rehabilitate existing structures, bringing them up to current building codes, thereby improving life/safety conditions. D. To encourage developers to restore historic structures. E. To encourage developers to restore multi-family structures in peripheral neighborhoods to traditional single family owner-occupied dwellings. ⁄⁄⁄⁄ 325-12. Authorization and Minimum Requirements. Deleted: MU Deleted: the Deleted: and Deleted: the Deleted: back Deleted: the The Planning and Development Board is authorized, upon petition by an applicant for site plan approval, to approve construction of buildings that exceed the maximum allowable height of the MU district up to a maximum of 77' or 7 stories, for buildings located within the boundaries of the CHIOZ, in accordance with the following process: A. An applicant must submit a proposal to the Planning and Development Board, which delineates the benefit(s) that the project will provide to the community in exchange for the additional height. In order to be considered for approval of additional height, the applicant must provide at least one of the following community benefits: 1. Approved Community Benefits a. The development provides a use that will bring people into Collegetown throughout the calendar year. Acceptable Uses include: • A Hotel • At least one story of Class A office space (Class A office space is assumed to be high quality office space with high quality finishes, state of the art systems, and exceptional accessibility). • At least one story of non-academic research and development space • Other uses that will bring people into Collegetown throughout the calendar year as determined by the Planning & Development Board b. The development incorporates a high-quality transit hub within its building footprint at a location acceptable to the appropriate decisionmaking body. c. The developer makes improvements within the Collegetown Study Area but off the development site. These improvements must be approved by the Planning and Development Board and may include: • Full rehabilitation of an existing property, including life-safety improvements to bring the building up to current building code and aesthetic improvements to make the building a neighborhood asset. • Historic restoration of an existing property. • Return of multi-family housing in peripheral neighborhoods back to single- family, owner-occupied use. This option requires a deed restriction stating that Deleted: explains the reasons for exceeding the maximum height restrictions and listing the proposed maximum height, not to exceed 77’ or 7 stories. The applicant must provide a list of the community benefits that this project will provide to the community Deleted: standard Deleted: Board of Deleted: Deleted: City Deleted: dilapidated Deleted: would for a period of twenty-five years the property shall be occupied by at least one of the owners. ⁄⁄⁄⁄ 325-13. Approval Process In order to be granted approval for the additional permitted height associated with properties located within the boundaries of the CHIOZ, an applicant must submit a written proposal to the Planning and Development Board, as a part of the Site Plan Review Process. Approval of the CHIOZ height incentives shall be conditioned on any necessary approvals associated with the proposed benefit(s) of the project. No Certificate of Occupancy shall be granted prior to the completion of the proposed community benefits. No Certificate of Occupancy shall be be granted if modifications to the proposed benefites are completed without the approval of the Planning and Development Board.. Section 4. The Official Zoning Map of the City of Ithaca, New York of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code is hereby amended as follows: The zoning district designation for portions of certain tracts of land shall now include the Collegetown Overlay Zone-Height Incentive District (COZ-HI), which will include the following tax parcels: 63.-6-14; 68.-4-6; 64.-10-15;; 64.-10-17.2; 64.-10- 18; 64.-10-19; 64.-10-20; 64.-10-21; 64.-10-1l 64.-10-2l 64.-10- 3; and portions of parcels 63.-6-8, 68.-4-3, and 64.-10-12, as indicated on the map entitled “Proposed Collegetown Overlay Zone-Height Incentive District(COZ-HI)” dated August, 2010. Section 5. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Deleted: Modifications to the proposed community benefits, without the approval of the Planning and Development Board, may result in the denial of a certificate of occupancy Deleted: the Deleted: an overlay zone Deleted: . A E1 Proposed Resolution Planning & Economic Development Committee September 15, 2010 Endorsement of the Neighborhood Pride Grocery Project for Assistance by the Tompkins County Industrial Development Agency Whereas, Tony and Irene Petito have applied for sales tax exemption and partial mortgage recording tax exemption from the Tompkins County Industrial Development Agency (TCIDA) to assist a proposed project to redevelop the vacant former P&C grocery store plaza located at 210 Hancock Street, Ithaca, NY, and Whereas, the approximately $1.8 million project will upgrade the building and site for multiple tenants, and acquire furnishings, fixture and machinery for the anchor Neighborhood Pride store, a 19,000 square foot, full-service grocery store with meat department, fresh produce, deli and outdoor seating, and Whereas, by TCIDA policy a retail/commercial project is only eligible for assistance under the following conditions: A. The project is a critical part of a larger, planned development; and B. The project must be endorsed, through a formal resolution, by the appropriate municipal governing body; and C. The project must meet one or more of the following: 1. Is considered a tourism destination facility 2. Is operated by a not-for-profit corporation 3. Will located outside of the State without IDA assistance 4. Is located in a highly distressed area 5. Makes available goods or services not reasonably accessible 6. Preserves or increases permanent jobs, and Whereas, Tony and Irene Petito were active participants in the Northside neighborhood planning process which resulted in Common Council adoption of the Northside: Turning the Corner (Northside Neighborhood Plan) in 2003, and Whereas, the Northside Neighborhood Plan encourages neighborhood-oriented retail development at existing commercial areas, redevelopment of the P&C Plaza to improve the visual condition of the plaza, including the appearance and functioning of the parking lot, and supported replacement of one block of Lake Avenue with a landscaped pedestrian walkway and an outdoor patio and eatery, and Whereas, as the project to redevelop the P&C plaza advances recommendations contained in the Northside Neighborhood Plan, the project is a critical part of a larger, planned development, and Whereas, a 2010 community survey of area residents conducted by Cornell Cooperative Extension identified inclusion of a full-service grocery store as the most popular reuse for redevelopment of the vacant P&C grocery store, and Whereas, the project is projected to create approximately 24 full-time equivalent permanent jobs, and Whereas, the project will establish the only grocery store in the adjoining Northside & Fall Creek neighborhoods, thereby providing essential goods not reasonably accessible to neighborhood residents without use of an automobile, now; therefore, be it Resolved, that the Common Council for the City of Ithaca hereby endorses the proposed Neighborhood Pride Grocery project at 210 Hancock Street, Ithaca, NY for assistance by the Tompkins County Industrial Development Agency. F3 To: Planning and Development Committee From: Jennifer Kusznir, Economic Development Planner Date: September 8, 2010 RE: Proposal to Amend the CBD-60 Zoning District The purpose of this memo is to provide information regarding a proposal to rezone parcels 69.2-20, 69.-2- 1 and 69.-2-21. These parcels together form an approximately 1 acre tract of land located at the intersection of East State/MLK Street and Seneca Way. One of the parcels, parcel 69.-2-20 (site of the former Challenge Industries), is currently listed for sale. Given this property’s proximity to the downtown CBD district and the limited number of developable sites in downtown, staff feels that it is appropriate to consider the best zoning designation for this property in the event it is sold and redeveloped. These parcels are currently located in the B-4 commercial zoning district. The B-4 zoning district has a height restriction of 40 feet and 4 stories. Given the City’s desire to increase density in the downtown area, this restriction may unduly limit the development potential of this site. The property is located between, and at the base of, East State/MLK and Seneca Streets. Since there is a significant elevation change on this site from the uphill parcels to the east, increased building height would have a reduced impact on those properties. The properties to the south, west, and northwest are all zoned CBD-60, which has a maximum height of 60 feet. In 2002, a similar zoning change was made for the Wilcox Press Site on East State/MLK Street, now home to Gateway Plaza and Gateway Commons Apartments. Parcels 69.2-21 and 69.-2-1 are immediately adjacent to the Challenge site on the west (toward the Commons) and should be considered for rezoning as well, so they are not left as isolated B-4 parcels fully surrounded by the CBD-60 zone. The parcels immediately adjacent to the east (uphill, as described) are zoned B-4 but are in the East Hill Historic District and should remain B-4 so that there is no incentive of added allowable height for demolishing historic properties. (See attached map.) In addition, the B-4 zoning district allows for uses that staff believe are not appropriate at this location, such as motor vehicle sales and gas stations. The CBD-60 zoning district allows commercial and residential uses that are more in line with the City’s downtown vision. In 2000, the City strongly endorsed the Downtown Ithaca Alliance’s “Downtown Ithaca Ten-Year Development Strategy”. This document is currently being updated and includes several recommendations for downtown re-zonings that would allow for denser development in the downtown core. This plan identifies this location as a site that has the potential for redevelopment and recommends extending the CBD-60 zoning district to include these properties. Given the location of this property and the City’s commitment to density in the downtown, it is the recommendation of the Planning staff that the City consider rezoning this property to CBD-60. If the Committee is in agreement, staff will circulate the proposal for comment and return next month for further discussion. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. G DRAFT Planning & Economic Development Committee November 19, 2008 Minutes Committee Members Attending: Mary Tomlan, Chair; Eric Rosario, Vice Chair; Dan Cogan; Jennifer Dotson; and Svante Myrick Committee Members Absent: None Other Elected Officials Attending: Alderpersons J. R. Clairborne and Joel Zumoff Staff Attending: Nels Bohn, Director of Community Development, Ithaca Urban Renewal Agency; Leslie Chatterton, Historic Preservation and Neighborhood Planner; JoAnn Cornish, Acting Director, Department of Planning & Development; Phyllisa DeSarno, Deputy Director for Economic Development; Megan Gilbert, Planner; Debbie Grunder, Executive Assistant; Dan Hoffman, City Attorney; Tim Logue, Transportation Engineer Others Attending: Edward Marx, Tompkins County Commissioner of Planning and Public Works Chair Mary Tomlan called the meeting to order at 7:35 p.m. A. Agenda Review Tomlan announced that order of the agenda would be modified, with item F1, Collegetown Urban Plan & Design Guidelines, taken up before items E2 and E3. B. Special Order of Business: None C. Public Comment, and Response from Committee Members: No members of the public addressed the committee during the comment period. D. Announcements, Updates and Reports: 1. Ithaca Urban Renewal Agency Meetings for Input on the Five-Year Consolidated Plan and the Annual Action Plan Nels Bohn announced the dates (December 4 and 8), times and locations of the two remaining meetings (of the original four) being held by the Ithaca Urban Renewal Agency to obtain citizen input on community development needs. 2. Department of Planning & Development Quarterly Report Phyllisa DeSarno reviewed some of her responsibilities and activities as the City’s Deputy Director for Economic Development. These include work with organizations such as the Downtown Ithaca Alliance and the Industrial Development Agency; with representatives of the three local institutions of higher education—Cornell University and the Cornell Center for Technology Enterprise and Commercialization (CTEC), Ithaca College, and Tompkins Cortland Community College; and with developers such as Jeffrey Rimland, Steve Flash and Ken Schon. In collaboration with others, she has sought to retain existing businesses and encourage new ones, such as a regional pharmacy, a national chain for the Cayuga Green project and a new Ethiopian restaurant; she recently spoke with three developers regarding potential Collegetown projects. Current efforts include the development of marketing materials. E. Action Items: 1. Tompkins County Comprehensive Plan: Energy and Greenhouse Gas Emissions Element Ed Marx was present on behalf of Tompkins County to provide information and answer questions on the proposed amendment to the county’s comprehensive plan. The county will hold a public hearing on December 2, and the legislature will vote on adoption on December 16. Dan Cogan moved, and Jennifer Dotson seconded, the following resolution: Support for the Energy and Greenhouse Gas Emissions Element as an Amendment to the Tompkins County Comprehensive Plan WHEREAS, in December 2004, the Tompkins County Legislature adopted the Tompkins County Comprehensive Plan to guide County program development and decision-making based on a community-defined vision of future growth and development in Tompkins County, and the Common Council of the City of Ithaca expressed its support for this plan in a resolution passed unanimously on December 1, 2004, and WHEREAS, during Tompkins County’s comprehensive planning process energy and greenhouse gas emissions were identified as important topics to be included in the Tompkins County Comprehensive Plan, but were temporarily delayed for study due to limited resources, and WHEREAS, the Tompkins County Planning Department, with guidance and advice from the Tompkins County Planning Advisory Board and with significant participation from the Tompkins County Environmental Management Council, has now developed an Energy and Greenhouse Gas Emissions element to be added to the Tompkins County Comprehensive Plan that addresses the local energy challenge, and WHEREAS, the County has, through its Department of Planning, engaged in an extensive outreach effort to solicit public input and determine public support for the Energy and Greenhouse Gas Emissions element’s Principles, Policies, and Action Items as a means for providing leadership and guiding decision-making on energy and greenhouse gas emissions in the community, and WHEREAS, the City of Ithaca has expressed its commitment to reducing greenhouse gas emissions from its own operations and from the community as a whole, particularly by adopting a Local Action Plan to Reduce Greenhouse Gas Emissions on July 5, 2006, and has continued work since then to achieve, and to measure progress toward, this goal, and WHEREAS, the City of Ithaca is a member of the Tompkins County Climate Protection Initiative, the International Council for Local Environmental Issues, and other groups and efforts, and in this and other ways works in collaboration with other municipalities and institutions toward reducing the greenhouse gas emissions from City operations and from the activities of the Ithaca community as a whole, and WHEREAS, the county’s Energy and Greenhouse Gas Emissions element promotes community-wide reduction in energy demand, improvements to energy efficiency, transition to renewable sources of energy, and the reduction of greenhouse gas emissions, all of which are consistent with the City of Ithaca’s goals as stated in its Local Action Plan and elsewhere, and WHEREAS, the Common Council of the City of Ithaca concurs with the principle stated in the plan element, namely that “the Tompkins County community should reduce energy demand, improve energy efficiency, transition to renewable sources of energy, and reduce greenhouse gas emissions,” and WHEREAS, the element supports other principles and policies of the Tompkins County Comprehensive Plan, for which the City of Ithaca’s Common Council has already expressed support, such as nodal development patterns, developing alternative transportation options, investing in local jobs and business opportunities, and protecting rural resources and natural features, and WHEREAS, the Tompkins County Legislature will consider adoption of an Energy and Greenhouse Gas Emissions element as an amendment to the Tompkins County Comprehensive Plan on December 16, 2008, following a public hearing on December 2, 2008, and WHEREAS, the Tompkins County Comprehensive Plan as a whole provides a strategic framework for addressing issues of mutual concern to municipalities throughout the County, and it is therefore appropriate and fitting for other municipalities, including the City of Ithaca, to comment on elements of the plan; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca expresses its support for the policies and action items outlined in the Energy and Greenhouse Gas Emissions element, and be it further RESOLVED, that the Common Council of the City of Ithaca intends to address the issues of energy and greenhouse gas emissions as the City develops its own Comprehensive Plan, and be it further RESOLVED, that the Common Council of the City of Ithaca supports Tompkins County’s adoption of the Energy and Greenhouse Gas Emissions element as an amendment to the Tompkins County Comprehensive Plan. Committee members Cogan, Dotson and Eric Rosario praised the development of this as the first amendment to the county’s comprehensive plan. Cogan noted that the goals were aggressive ones. Rosario questioned the absence of any discussion of costs associated with the county’s pursuit of these goals. Marx underlined the importance of reaching an 80% reduction in emissions by 2050, and commented on the progress already being made on a number of the short-term (five-year) action items, citing as an example the present 60-65% reduction of the waste stream. On a motion by Cogan, seconded by Dotson, the committee voted unanimously to delete the eighth WHEREAS and the first RESOLVED in the resolution, and to reverse the order of the two remaining RESOLVEDs (5-0-0). The committee unanimously approved the amended resolution (5-0-0). 2. Proposed Management Agreement for the “Festival Lands” Dan Hoffman presented the proposed agreement between the City of Ithaca and the State of New York regarding the management of City-owned lands contiguous with the Allan H. Treman State Marine Park, along with the materials for the environmental review of the agreement. Cogan moved and Dotson seconded the following three resolutions, incorporating information provided by Hoffman with reference to the fourth WHEREAS in the lead agency resolution (noting that this was a Type 1 Action under the City Environmental Quality Review Ordinance) and with reference to the first RESOLVED in the resolution approving the management agreement (noting that the date of the draft was October 30, 2008). a. Designation of Lead Agency for the Environmental Review WHEREAS, the City of Ithaca is the owner of certain lands in the City, contiguous with the Allan H. Treman State Marine Park, which City-owned lands are comprised of Tax Map Parcel No. 2-1-1.3, commonly referred to as the “Festival Lands,” and a small, adjacent portion of Tax Map Parcel No. 2-1-1.2 (north and east, respectively, of the marina entrance road and the driveway to the State Park maintenance building), and WHEREAS, the State of New York, through its Office of Parks, Recreation and Historic Preservation (hereinafter “Parks”), has proposed that the City and the State enter into a long-term agreement pursuant to which Parks would have the authority and responsibility to manage, operate and maintain the Festival Lands (together with the small parcel referred to above) for recreational, educational and conservation purposes (including provision of a fenced, off-leash area for dogs) and according to the same standards applied to the adjacent State Park land, otherwise consistent with the approved 1995 Master Plan for the State Park and subject to certain other conditions and limitations, and WHEREAS, representatives of the City and Parks have together developed the proposed terms of such an agreement, and WHEREAS, the approval and execution of such an agreement, which involves the approval of the Common Council and the State of New York, appears to be an unlisted action under the State Environmental Quality Review Act (“SEQRA”) and a Type 1 Action under the City’s Environmental Quality Review Ordinance (“CEQRO”), thus requiring environmental review, and WHEREAS, pursuant to the City of Ithaca Charter, the Board of Public Works has certain responsibilities with regard to City-owned lands and may therefore be an involved agency, and WHEREAS, on November 5, 2008, the Common Council declared its intention to act as lead agency for the environmental review of this proposed action, and WHEREAS, on November 12, 2008, the Board of Public Works adopted a resolution in which it consents to the Common Council’s acting as lead agency, and expresses its general agreement with and support of the terms and conditions of the proposed agreement “as a manner of resolving a number of outstanding issues between the City and certain State agencies,” and WHEREAS, by letter dated November 13, 2008, from its Regional Director (Tim Joseph), the New York State Office of Parks, Recreation and Historic Preservation indicated its consent to Common Council’s acting as lead agency in this matter; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby designate itself as Lead Agency for the environmental review of the proposed management agreement for the Festival Lands. b. Determination of Environmental Significance WHEREAS, by resolution adopted on December 3, 2008, the Common Council of the City of Ithaca designated itself as Lead Agency for the environmental review of a proposed Management Agreement between the City and the State of New York (through its Office of Parks, Recreation and Historic Preservation - hereinafter “Parks”) for certain lands in the City, contiguous with the Allan H. Treman State Marine Park, which City-owned lands are comprised of Tax Map Parcel No. 2-1-1.3, commonly referred to as the “Festival Lands,” and a small, adjacent portion of Tax Map Parcel No. 2-1-1.2 (north and east, respectively, of the marina entrance road and the driveway to the State Park maintenance building), and WHEREAS, Parks has proposed that the City and the State enter into a long-term agreement pursuant to which Parks would have the authority and responsibility to manage, operate and maintain the Festival Lands (together with the small parcel referred to above) for recreational, educational and conservation purposes only (including provision of a fenced, off-leash area for dogs) and according to the same standards applied to the adjacent State Park land, otherwise consistent with the approved 1995 Master Plan for the State Park and subject to certain other conditions and limitations, and WHEREAS, on December 3, 2008, the Common Council declared itself to be the Lead Agency for the environmental review of this proposed action, and WHEREAS, appropriate environmental review of the proposed action has been conducted, including the preparation of a Full Environmental Assessment Form (“FEAF”), and WHEREAS, the proposed action has been reviewed by the Tompkins County Planning Department pursuant to §239-l and m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been distributed to the City’s Conservation Advisory Council and Planning and Development Board, and WHEREAS, the Common Council, acting as Lead Agency in this matter, has reviewed the FEAF prepared by City staff, and WHEREAS, the proposed action does not authorize any physical changes to the land in question that are not already permitted or that have not already been subject to environmental review in other contexts; now, therefore, be it RESOLVED, that the Common Council hereby adopts as its own the findings and conclusions more fully set forth in the Full Environmental Assessment Form, and be it further RESOLVED, that the Common Council 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 to forward the same to any other parties, as required by law. c. Approval of Management Agreement WHEREAS, the City of Ithaca is the owner of certain lands in the City, contiguous with the Allan H. Treman State Marine Park, which City-owned lands are comprised of Tax Map Parcel No. 2-1-1.3, commonly referred to as the “Festival Lands,” and a small, adjacent portion of Tax Map Parcel No. 2-1-1.2 (north and east, respectively, of the marina entrance road and the driveway to the State Park maintenance building), and WHEREAS, the State of New York, through its Office of Parks, Recreation and Historic Preservation (hereinafter “Parks”), has proposed that the City and the State enter into a long-term agreement pursuant to which Parks would have the authority and responsibility to manage, operate and maintain the Festival Lands (together with the small parcel referred to above) for recreational, educational and conservation purposes (including provision of a fenced, off-leash area for dogs) and according to the same standards applied to the adjacent State Park land, otherwise consistent with the approved 1995 Master Plan for the State Park and subject to certain other conditions and limitations, and WHEREAS, representatives of the City and Parks have together developed the proposed terms of such an agreement, and WHEREAS, on November 12, 2008, the City’s Board of Public Works, which, pursuant to the City’s Charter, has certain responsibilities with regard to City-owned lands, adopted a resolution which states that “the Board generally agrees with and supports the terms and conditions of the proposed agreement with State Parks as a manner of resolving a number of outstanding issues between the City and certain State agencies as well as providing a local dog park through a State agency, to meet the needs of the larger community,” and WHEREAS, the proposed agreement would indeed resolve decades of friction between the City and State regarding the treatment of the Festival Lands and would relieve the City of the burden of maintaining the land, while maintaining City ownership of that important property as well as free public access to the State Park; in addition, the agreement would eliminate any competing interest on the part of Parks in the important parcel of land on Inlet Island now owned by the Department of Environmental Conservation, and WHEREAS, the Common Council, acting as lead agency, has completed the environmental review of this action, and has determined that it will have no significant, negative impact on the environment; now, therefore, be it RESOLVED, that the Common Council hereby endorses and approves the proposed “Cooperative Operation and Maintenance Agreement For City of Ithaca Festival Lands” (as drafted 10/30/08), and be it further RESOLVED, that the Mayor be and hereby is authorized to execute such Agreement, on behalf of the City of Ithaca, together with any other documents required for its proper implementation. Committee members reviewed the Full Environmental Assessment Form, dated November 14, 2008, as revised November 18, 2008, and proposed no revisions. Joel Zumoff asked for clarification of the State’s agreement with regard to dog waste removal. Hoffman stated that the City was told that Parks had agreed to work with the TCDog organization, but that that was not part of this agreement. The committee unanimously approved the three resolutions (5-0-0). 3. Proposed Enactment of Permanent Exemption from the “Leash Law” for the Fenced, Off- Leash Area at the “Festival Lands” On a motion by Cogan, seconded by Dotson, the following resolution was unanimously approved (5-0-0): An Ordinance to Amend Chapter 164 of the City of Ithaca Municipal Code, Entitled “Dogs and Other Animals” WHEREAS, on April 2, 2008, the Common Council of the City of Ithaca enacted an Ordinance which amended Chapter 164 of the City’s Municipal Code so as to extend, until December 31, 2008, a temporary exemption from the requirement that all dogs on public property be on a leash, specifically for a designated, fenced, “off- leash” area located wholly or partially on the City-owned “Festival Lands,” and WHEREAS, on December 3, 2008, the Common Council approved a 25-year “Cooperative Operation and Maintenance Agreement” for the Festival Lands, between the City and the State of New York, pursuant to which Agreement the State will maintain a fenced, off-leash area for the duration of the Agreement, on the Festival Lands and/or adjacent lands of the Allan H. Treman State Marine Park (and will assume responsibility for any further environmental review required for such off-leash area); now, therefore, ORDINANCE 08- BE IT ORDAINED AND ENACTED, by the Common Council of the City of Ithaca, as follows: SECTION 1. Chapter 164 (“Dogs and Other Animals”), Article III (“Dogs”), Section 164-9 (“Prohibited Acts”), subsection B, of the City of Ithaca Municipal Code, is hereby amended to read as follows: §164-9. Prohibited Acts. B. Temporary Exemption: Effective as of April 4, 2008 January 1, 2009, and for the duration of the period described below, Subdivision A.1, above, shall not apply to owners whose dogs are off-leash in the fenced portion of the area owned by the City (and managed by New York State pursuant to an Agreement between the City and the State) known as the “Festival Lands,” which Lands are adjacent to Allan H. Treman State Marine Park and which are shown as “Parcel B” on a survey map of Cass Park dated August 15, 2001, by T.G. Miller, PC (which fenced area subject to this exemption may extend on to immediately adjacent State Park lands), provided that such owners are in compliance with all rules and regulations duly established by the Board of Public Works for such off-leash area. This exemption shall continue until December 31, 2008. SECTION 2. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. SECTION 3. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. F. Other Items: 1. Collegetown Urban Plan & Design Guidelines Leslie Chatterton and Megan Gilbert presented Chapter 5 of the Goody Clancy urban plan and design guidelines, reviewing each of the six “character areas” outlined therein and some of the design guidelines appropriate to each, as found in Chapter 6. It was stated that Chapter 4 of the plan would be discussed at the December committee meeting and Chapter 7, in January. A draft Collegetown Meeting Schedule was distributed, identifying forthcoming meetings required to complete action on the plan and zoning in April, before the expiration of the temporary moratorium. Chatterton also distributed staff responses to questions about the plan that had been raised last month by Cogan. 2. Route 96 Corridor Management Study Tim Logue updated the committee on the Route 96 Corridor Management Study, a joint venture of the City and the Town of Ithaca, the Town of Ulysses and Tompkins County. Bohn joined the discussion. Logue briefly reviewed the three technical reports that have been completed by the consultants and are available on the County’s website. The fourth report about implementation strategies will be developed by the municipal partners, with a draft expected by the end of the year. Among the recommendations for reducing sprawl and its impacts on land use and traffic is nodal development, with Trumansburg, the hamlet of Jacksonville and the area around the Cayuga Medical Center identified as present and future nodes. Other recommendations more significant for the City include the implementation of strategies to reduce speeding, the construction of a sidewalk on Vinegar Hill and screening along the roadway. G. Approval of Minutes: On a motion by Svante Myrick, seconded by Rosario, the April 16, 2008 minutes were unanimously approved (5-0-0). H. Adjournment On a motion by Cogan, seconded by Myrick, the meeting was adjourned at 10:03 p.m.