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HomeMy WebLinkAbout10-20-10 Planning & EDC Meeting Agenda MEETING NOTICE City of Ithaca Planning & Economic Development Committee Wednesday, October 20, 2010 – 7:00 p.m Common Council Chambers, City Hall, 108 East Green Street A. Agenda Review B. Special Order of Business 1. Public Hearing — Cayuga Green Contract Modifications 2. Public Hearing — Rezoning of E State/MLK St and Seneca Way C. Public Comment and Response from Committee Members D. Announcements, Updates and Reports 1. Collegetown Terrace Update 2. Southwest Area Development Update 3. Dredging Update E. Action Items 1. Cayuga Green Contract Modifications (resolution, adopted IURA resolution, 2009 purchase and sale agreement, map, mortgage information, visual renderings) 2. Neighborhood Incentive Fund Application — Utica Street (memo, resolution, petition available on request and at meeting) 3. Rezoning of E State/MLK St and Seneca Way to CBD-60 (memo, lead agency resolution, determination of environmental significance resolution, short environmental assessment form [SEAF], ordinance, map, comments from Tompkins County) F. Discussion Items 1. Collegetown A. Form District Zoning Ordinance – Approval to Circulate (memo and draft of proposed zoning distributed previously) B. Height Incentive Zone (memo, ordinance, map) C. Transportation (general update to be distributed separately) (in-lieu fee memo anticipated for November) G. Approval of Minutes 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, October 19, 2010. E1a Planning & Economic Development Committee Proposed Resolution October 20, 2010 Cayuga Green Project, Approval of 2nd Extension of Purchase and Sale Contract for Parcel ‘D’ – Resolution Whereas, Cayuga Green II LLC requests an extension of the purchase and sale contract for parcel ‘D’ (tax parcel #81.-2-4) for construction of rental housing located adjacent to the Cayuga Garage to provide time to secure project financing through the HUD 221(d)4 Insured Mortgage Financing program, and Whereas, the IURA and City previously amended the original 2007 sales contract in 2009 to allow construction of rental housing units or for-sale units and to extend the term by 12 months to June 30, 2010 in response to the developers difficulty to secure project financing for residential condominiums, and Whereas, the commercial credit market has been extremely tight for loans to construct new mid- rise housing for several years and remains extremely limited, and Whereas, the principals of Cayuga Green II LLC have recently utilized the U.S. Department of Housing & Urban Development’s (HUD’s) 221(d)4 mortgage insurance program to secure financing from a HUD-approved private lender for a multi-family rental housing project in Ohio, and Whereas, through the HUD 221(d)4 program, the Federal Home Administration provides mortgage insurance to HUD-approved lenders to for-profit or non-profit borrowers developing multi-family rental housing, and Whereas, the HUD 221(d)4 program requires federal prevailing wages to be paid on all construction work, and Whereas, a HUD 221(d)4 review and approval process requires submissions of detailed construction plans and specifications, cost detail, market study and marketing plan, and takes 9- 12 months if all information is in order, and Whereas, a HUD 221(d)4 mortgage insurance application process requires documentation of fee simple ownership of the project site, and Whereas, Cayuga Green II LLC has been pursuing HUD 221(d)4 approval for several months and is awaiting an invitation to submit a “firm commitment” application, and Whereas, initial construction plans to build adjoining the Cayuga Garage have been modified to provide a 10-foot horizontal separation distance to avoid the need for retrofits to the Cayuga Garage to meet New York State Building Code requirements regarding wall openings and fire egress routes at the Garage, and Whereas, the Cayuga Green II LLC has submitted revised preliminary plans for construction of a 7-story, 39-unit rental housing project at parcel ‘D’ that are consistent with the original design goals for the Cayuga Green project, and Whereas, Cayuga Green II LLC seeks no property tax abatements for the project, and Whereas, the Ithaca Urban Renewal Agency (IURA) wishes to facilitate the construction of additional housing units in downtown Ithaca that will expand the range of housing opportunities and increase the property tax base; and Whereas, on September 23, 2010, the IURA approved the following amendments to the purchase and sale contract for parcel ‘D’ of the Cayuga Green project, subject to City of Ithaca Common Council approval: 1. Extend deadlines to secure project financing and issuance of a building permit to December 31, 2011; 2. Reduce the size of the parcel to be conveyed by approximately 2,000 square feet in accordance with a lot adjustment plan dated January 22, 2010, prepared by T.G. Miller PC, for the purpose of providing a 10’ fire separation distance between buildings thereby avoiding the need for retrofits to the Cayuga Garage to meet NYS Building Code requirements; and Whereas, under §507 of Article 15 of General Municipal Law, the IURA’s proposed disposition of real property requires Common Council approval following a public hearing, and Whereas, a public hearing on the proposed property disposition was held before the Planning & Development Committee on October 20, 2010, and Whereas, the purchase and sale contract for parcel ‘D’ and site plan review for the proposed housing project at parcel ‘D’ were the subject of environmental reviews under the City Environmental Quality Review Ordinance (CEQR) where the lead agency issued a negative declaration that the implementation of the action as proposed will not result in any significant adverse environmental impacts, and Whereas, the proposed amendments to the purchase and sale contract for parcel ‘D’ are no less protective of the environment than the proposed actions that previously underwent environmental review, the original CEQR determinations stand; now, therefore, be it Resolved, That the City of Ithaca Common Council hereby approves the IURA-proposed amendments to the purchase and sale contract with Cayuga Green II LLC for sale of parcel ‘D’ of the Cayuga Green project (tax parcel # 81.-2-4) to extend the agreement until December 31, 2011 and reduce the size of the parcel to be conveyed. E1b Ithaca Urban Renewal Agency Adopted Resolution September 23, 2010 Cayuga Green Project Phase IIB, Parcel “D” – 2nd Extension of Purchase and Sale Contract Whereas, Cayuga Green II LLC requests an extension of the purchase and sale contract for parcel ‘D’ (tax parcel #81.-2-4) for construction of rental housing located adjacent to the Cayuga Garage to provide time to secure project financing through the HUD 221(d)4 Insured Mortgage Financing program, and Whereas, the IURA and City previously amended the original sales contract in 2009 to allow construction of rental housing units in addition to for-sale units and to extend the term by 12 months to July 2010 in response to the developers inability to secure project financing for residential condominiums, and Whereas, the commercial credit market has been extremely tight for loans to construct new high-rise housing for several years and remains extremely limited, and Whereas, the principals of Cayuga Green II LLC have recently utilized the HUD 221(d)4 mortgage insurance program to secure financing from a HUD-approved private lender for a multi-family rental housing project in Ohio, and Whereas, through the HUD 221(d)4 program, the Federal Home Administration provides mortgage insurance to HUD-approved lenders to for-profit or non-profit borrowers developing multi-family rental housing, and Whereas, the HUD 221(d)4 program requires federal prevailing wages to be paid for new construction, and Whereas, a HUD 221(d)4 review and approval process requires submissions of detailed construction plans and specifications, cost detail, market study and marketing plan, and takes 9- 12 months if all information is in order, and Whereas, a HUD 221(d)4 mortgage insurance application process requires documentation of fee simple ownership of the project site, and Whereas, Cayuga Green II LLC has been pursuing HUD 221(d)4 approval for several months and is awaiting an invitation to submit a “firm commitment” application, and Whereas, initial construction plans to build adjoining the Cayuga Garage have been modified to provide a 10-foot horizontal separation distance to avoid the need for retrofits to the Cayuga Garage to meet New York State Building Code requirements regarding wall openings and fire egress routes at the Garage, and Whereas, the Cayuga Green II LLC has submitted revised preliminary plans for construction of a 7-story, 39-unit rental housing project at Parcel ‘D’ that are consistent with the original designs for the Cayuga Green project, and Whereas, Cayuga Green II LLC seeks no property tax abatements for the project, and Whereas, the IURA wishes to facilitate the construction of additional housing units in downtown Ithaca that will expand the range of housing opportunities and increase the property tax base; now, therefore, be it Resolved, the IURA hereby approves an extension of the existing Purchase and Sale Contract on Cayuga Green Project Phase IIB - Parcel D, until December 31, 2011, and be it further Resolved, that the legal description of the parcel to be sold pursuant to the sales contract be revised and reduced in size in accordance with a lot adjustment plan dated January 22, 2010, prepared by T.G. Miller PC, to avoid the need for retrofits to the Cayuga Garage, and be it further Resolved, that payment on the balance of the $280,000 purchase price of the property will be based on a 10-year term loan at an interest rate of 5.5%, and be it further Resolved, the above approvals are subject to Common Council approval of the property disposition, and be it further Resolved, the IURA Chairperson, upon the advice of IURA legal counsel, is hereby authorized to execute all necessary and appropriate documents to implement this resolution, including but not limited to executing an amended purchase and sale contract. E2a TO: Members of the Planning & Economic Development Committee From: Leslie Chatterton, Neighborhood Planner RE: Neighborhood Improvement Incentive Fund DATE: October 14, 2010 Attached is an application for the Neighborhood Improvement Incentive Fund (NIIF) from residents of Utica Street pertaining to the neighborhood’s annual block party held on August 29, 2010. The application has been submitted by Maria Costanzo, a neighborhood resident and an organizer of the event. This event has been held annually several years and is intended to promote a sense of community within the neighborhood. In past years the Neighborhood Improvement Incentive funds have supported celebrations in many city neighborhoods that focus attention on neighborhood empowerment and solidarity. Expenditures related to the event include food and compostable tableware, both of which meet criteria for reimbursement. Residents of the Utica Street neighborhood donated their time for promotion of the even, set up, and clean up. By putting together this event on behalf of the Utica Street neighborhood, the residents are furthering the aims of the fund to support resident initiatives that serve to strengthen city neighborhoods. E2b Planning & Economic Development Committee October 20, 2010 RESOLUTION: Request for Neighborhood Improvement Incentive Funds for the Utica Street Block Party, August 2010 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 and not for 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, to streamline the process the Council has delegated authority to approve applications to the Planning & Economic Development Committee, and WHEREAS, each neighborhood group is eligible to receive up to $300 per year as a reimbursement award payable on the submission of original receipts or invoices for approved activities, and WHEREAS, the City cannot reimburse residents for sales tax expenses, and WHEREAS, an application has been submitted for reimbursement funds to off-set $181.45 in expenses from the Utica Street neighborhood’s annual block party, and WHEREAS, while the event is sponsored by the Utica Street residents, notice was circulated throughout the neighborhood and the event provides opportunities for socializing with diverse groups residents; now, therefore, be it RESOLVED, that the Planning, and Economic Development Committee approves the funding request from Maria Costanzo, on behalf of the Utica Street neighborhood, for an amount not to $181.45 for reimbursement upon presentation of original invoices and/or receipts. E3a To: Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: October 13, 2010 RE: Proposal to Amend the Zoning District Boundaries of the B-4 and the CBD-60 Zoning Districts 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 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. 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. 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. This proposal was previously discussed by this committee at the September 15, 2010 meeting. At the committee’s request, the environmental review for this action was circulated to the Planning Board, the Conservation Advisory Council, various City staff and departments, and the Tompkins County Planning Department. Enclosed are comments that have been received from County Planning Department. Also enclosed for your consideration are draft resolutions of lead agency, environmental significance and a draft ordinance to adopt the proposed zoning amendment. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. E3b Draft Resolution October 13, 2010 Adoption of an Amendment the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the B-4 and the CBD-60 Zoning Districts— Declaration of Lead Agency for Environmental Review WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the zoning district designation parcels 69.-2-20, 69.-2-1 and 69.-2-21 from B-4 to CBD-60. E3c Draft Resolution November 11, 2009 Adoption of an Amendment the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the B-4 and the CBD-60 Zoning Districts— Determination of Environmental Significance WHEREAS, the City of Ithaca is considering a proposal to amend the zoning district designation of parcels 69.-2-20, 69.-2-1 and 69.-2-21 from B-4 to CBD-60.CBD-60, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239-l–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 reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Short Environmental Assessment Form, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. E3d CITY SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information: To be completed by applicant or project sponsor. 1. Applicant/Sponsor: City of Ithaca 2. Project Name: Proposal to Amend the CBD-60 Zoning District 3. Project Location: Tax Parcel 69.2-20, 69.-2-1, 69.-2-21 4. Is Proposed Action: New Expansion Modification/Alteration 5. Describe project briefly: A rezoning of Tax Parcels 69.2-20, 69.-2-21 and 69.-2-1 from B-4 to CBD-60 6. Precise Location (Road Intersections, Prominent Landmarks, etc. or provide map) 404-406 East MLK/State Street, 126-34 Seneca Way, and 142-56 Seneca Way in the City of Ithaca 7. Amount of Land Affected: Initially _1.1___ Acres or Sq. Ft. Ultimately ___1.1_____ Acres or Sq. Ft. 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes X No If No, describe briefly: The action being evaluated is an amendment to the zoning boundaries 9. What is present land use in vicinity of project: Residential Industrial Agricultural Parkland/Open Space X Commercial Other _________________ Describe: 10. Does action involve a permit/approval, or funding, now or ultimately, from governmental agency (Federal, State or Local):X Yes No If Yes, List Agency Name and Permit/Approval Type: Common Council Approval 11. Does any aspect of the action have a currently valid permit or approval? Yes X No If Yes, List Agency Name and Permit/Approval Type: 12. As a result of proposed action will existing permit/approval require modification? Yes X No I certify that the information provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: ________________DATE: September 22, 2010_ PREPARER'S TITLE: ___Economic Development Planner REPRESENTING: ____City of Ithaca_______________________________ E3d SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use currently available information concerning the project and the likely impacts of the action. Name of Project: Proposal to Amend the CBD-60 Zoning District Yes No 1. Will project result in a large physical change to the project site or physically alter more than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any site designated a unique natural area or critical environmental area by a local or state agency? 3. Will the project alter or have any effect on an existing waterway? 4. Will the project have an impact on groundwater quality? 5. Will the project affect drainage flow on adjacent sites? 6. Will the project affect any threatened or endangered plant or animal species? 7. Will the project result in an adverse effect on air quality? 8. Will the project have an effect on visual character of the community or scenic views or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic, pre-historic, or paleontological importance or any site designated a local landmark or in a landmark district? 10. Will the project have an effect on existing or future recreational opportunities? 11. Will the project result in traffic problems or cause a major effect to existing transportation systems? 12. Will the project cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation during construction or after completion? 13. Will the project have any impact on public health or safety? 14. Will the project affect the existing community by directly causing a growth in permanent populations of more than 5 percent over a one-year period OR have a negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE:__________________________________DATE:______________ PREPARER'S TITLE: _Economic Development Planner_______________________________ REPRESENTING: ____City of Ithaca_______________________________________ E3e An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Amend the CBD-60 and B-4 Zoning District 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 AMEND THE CBD-60 AND B-4 ZONING DISTRICT. BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation of Tax Parcels #69.-2-20, 69.-2-1, and 69.-2-21 from B-4 to CBD-60. Section 2. Effective Date. This Ordinance shall take effect immediately and in accordance with law after publication of notice as provided in the Ithaca City Charter. F1b To: Planning & Economic Development Committee From: Megan Gilbert, Planner Date: October 14, 2010 RE: Collegetown Overlay Zone – Height Incentive District The Collegetown Zoning Working Group has met since February 2009 to evaluate the zoning proposals set forth in the “2009 Collegetown Urban Plan & Conceptual Design Guidelines.” In addition to the form-based code, the plan recommended the creation of an incentive zone to help realize difficult-to-achieve components of the Collegetown vision. More specifically, the proposed incentive zone is intended to promote the following goals: 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. 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. The proposed “Collegetown Overlay Zone – Height Incentive District” would allow a property owner within the district to exceed the maximum as-of-right building height (6 stories or 65 feet) with a building of up to 7 stories or 77 feet in exchange for the provision of a specified community benefit. Using the “Collegetown Vision Statement” and the “2009 Collegetown Urban Plan & Conceptual Design Guidelines” as references, the Collegetown Zoning Working Group has identified several community benefits that will help realize the City’s goals for Collegetown. These proposed community benefits include1: A. Provision of a use that will bring people into Collegetown throughout the calendar year, including: (1) A hotel (2) At least one story of Class A office space (3) At least one story of non-academic research and development space (4) Other uses that will bring people into Collegetown throughout the calendar year as determined by the Planning & Development Board B. Incorporation of a high-quality transit hub within the building footprint C. Improvements to an off-site development within the Collegetown Study Area, including 1 A detailed list of proposed community benefits and their requirements can be found in §325-12, Authorization and Minimum Requirements, of the draft ordinance. (1) Full rehabilitation of an existing property (2) Historic restoration of an existing property. (3) Return of multi-family housing in peripheral neighborhoods to single- family, owner-occupied use In order to receive the height incentive, the property must be located within the proposed incentive zone, as shown on the map entitled “Proposed Collegetown Overlay Zone – Height Incentive District (COZ-HI),” and the property owner must submit a written proposal to the Planning and Development Board, as a part of the Site Plan Review process. Approval of any height incentive shall be conditioned on any necessary approvals associated with the project’s proposed community benefit. If you have any questions or comments regarding any of this information, please contact me at 274-6560. F1b 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 COZ-HI 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 Overlay Zone Height Incentive District, the boundaries of which are shown on the map entitled “Proposed Collegetown Overlay Zone Height Incentive District (COZ-HI).” 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 district in exchange for the provision of an approved community benefit, subject to the limitations contained in this section. COZ-HI height incentives may be approved in order to promote the following purposes: F. To encourage development that would increase year-round activity in the MU district. G. To encourage the use of public transit through the provision of enhanced transit facilities. H. To encourage developers to rehabilitate existing structures, bringing them up to current building codes, thereby improving life/safety conditions. I. To encourage developers to restore historic structures. J. To encourage developers to restore multi-family structures in peripheral neighborhoods to traditional single family, owner- occupied dwellings. ⁄⁄⁄⁄ 325-12. Authorization and Minimum Requirements. 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 COZ- HI, 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: 2. 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 decision-making 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 to single-family, owner-occupied use. This option requires a deed restriction stating that 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 COZ-HI, 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 COZ-HI 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 granted if modifications to the proposed benefits 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.-10-17.2; 64.-10-18; 64.-10-19; 64.-10-20; 64.-10-21; 64.-10-1; 64.-10-2; 64.-10-3; and portions of parcels 63.-6-8, 68.-4-3, and 64.-10-15, as indicated on the map entitled “Proposed Collegetown Overlay Zone-Height Incentive District(COZ-HI)” dated October 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.