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08-08-12 Planning & EDC Meeting Agenda
MEETING NOTICE City of Ithaca Planning & Economic Development Committee Wednesday, August 8, 2012 — 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street A. Agenda Review B. Special Order of Business 1 . Public Hearing — Proposed Site Plan Review Ordinance Changes 2. Public Hearing — Proposed Exterior Property Maintenance Ordinance Changes C. Public Comment and Response from Committee Members (6:00 pm) D. Announcements, Updates and Reports (6:10 pm) 1 . Intermunicipal Planning Coordination 4. Collegetown 2. Dredging / Hydrilla 5. Commons 3. Emerson 6. Energy Action Plan E. Action Items 1. Neighborhood Improvement Incentive Fund (NIIF) (6:15 pm) (memo, application) a. Family Sites Tenant Council National Night Out — Resolution b. Titus Towers Tenant Council National Night Out — Resolution 2. Comprehensive Plan (6:20 pm) (memo, resolution) 3. Site Plan Review Ordinance (6:30 pm) (lead agency, determination of environmental significance, proposed ordinance) 4. Exterior Property Maintenance Ordinance (6:45 pm) (Rental Housing Advisory Commission letter; other materials under separate cover) F. Discussion Items (direction for development of possible future action items) 1. Planned Unit Development (7:00 pm) (memo, draft ordinance) 2. Zoning regarding establishing Community Garden sites (7:20 pm) (existing ordinance) 3. Agenda planning -- potential upcoming items (7:40 pm) a. In development or circulation, expected back in September Changes to the Community Investment Incentive Program (CIIP), Possible Elimination of Minimum Parking Requirements (possibly October), Allowing Housing in Industrial Districts G. Approval of Minutes (7:45 pm) — Oct. 2010, Feb. 2012, Mar. 2012 H. Adjournment (7:50 pm) Direct questions about the agenda to Jennifer Dotson, Chairperson, (i dots on @cityofithaca.org or 351-5458) or 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. The agenda order 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, August 7, 2012. FIT CITY OF ITHACA 108 East Green Street—3rdFloor Ithaca,NewYork 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT s 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 Altr Email: planning@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: Planning &Economic Development Committee From: Megan Wilson, Planner RE: Neighborhood Improvement Incentive Fund DATE: July 30, 2012 Attached are two applications for the Neighborhood Improvement Incentive Fund (NIIF) and other materials pertaining to this year's National Night Out (NNO) events, scheduled for Tuesday, August 7th. The applicants, the Titus Towers Tenant Council and the Family Sites Tenant Council, represent low-moderate income residents living in the South of the Creek and Northside neighborhoods who spend considerable hours of volunteer time organizing and conducting the NNO events. Both groups have sponsored the annual NNO event in their respective neighborhoods for over 10 years. In past years, the Neighborhood Improvement Incentive Fund has supported celebrations in many city neighborhoods for this national occasion that focuses attention on neighborhood safety and solidarity. Expenditures related to the event include food, beverages, sound equipment, DJs, t-shirts, and give-aways for kids, all of which meet criteria for reimbursement. Both of these groups have had success procuring donations from local business in past years. Through this endeavor they are furthering aims of the fund to support resident initiatives to strengthen city neighborhoods. Date: App.# (Office Use Only) — APPLICATION — NEIGHBORHOOD IMPROVEMENT INCENTIVE FUND (NHF) Applicant Information 0w Neighborhood Group/Ward#: A /L34n_5AULAOr � Applicant.Contact Person: Address: — Rou S . P1"n Telephone: &0-7 2173-A?5' It E-Mail Address: ICI A"Ati& ,am Project Description Describe the entire project and indicate those elements for which you are seeking incentive funds. Who will benefit from the project,and how? Does the project involve any donated materials or labor? What is the project schedule? I Ns ree ve64 i5 A r 4 &&o' AA)Y 1%ovd Trn ve,Yr►�./✓d` �s r Q.v►�'l1�'�- uvr.� jT/bY� W +� �� K �r� t�1r/�'i� f�'1v1�f A4i&-WJ AAzhf dv Z. W.l c/ vh 2 7 /-Z- s &vim- W 4 I b-a- �Ltc.- G'om nun,; -� w•c� ar.d � �ro`-'�_ �a.e� ��r � o»��-.c._ y�G�II r�►' d--'� l,�•y�( —G1ra`nt.� D ►'a S yG�-w�S�3J7 tiro 4 T7,..�-n !'�GJ�}��r�tor.� �, +��'� f' P.>r1Gr Gt • .r � (( d Project Budget List any additional sources of cash,approximate value of any donations and approximate hours of donated labor. For projects under$100,it is required that you obtain signatures of five neighborhood residents. For projects over$100,twenty signatures are required. Total Cash Amount Requested Donated Labor Donated Materials p. c;?D' 3CD hrs. list items: A/Ust q— �T jAforms,faxes,&letterheadWormAneighborhood improvement incentive fund(niif)application.doc ' u es m Signatures: As a member of the immediate neighborhood,I am aware of and approve of the improvement project described on other side of this page. NAME ADDRESS r 1. .v r� �'D 0 C I•'�A I JA 1 o- 2. 3. 4. (KS Z // 5. 7. 3CD0 \T/-. U� 8. 9. lG ( Ob c"i 10. 11. 12. �t �•c s (caw �'•31yi �, '��Q 13. 6 _ 1 I J%1n 5 J•eY �t up,L'�)L>1 15. '- r r -(--y` r - 16. k S 'tow eY' 18. /Lvi 19. 20. Submit completed applications to: Megan Wilson,Planner Department of Planning&Development City Hall-3rd Floor 108 East Green Street Ithaca,NY 14850 274-6550 FAX 274-6558 Email: mwilson@cityofithaca.org jAforms,faxes,&letterheadOorms\neighborhood improvement incentive fund(niit)application.doc Signatures: As a member of the immediate neighborhood,I am aware of and approve of the improvement project described on other side of this page. N ADDRESS 2. e� 4. 5. 7. '1 - 1 10 12 1A A. 13. 14. 16. FD 4 - P � ' �2- 0 17. , 26' 18. . 20. T Submit completed applications to: Megan Wilson,Planner Department of Planning&Development City Hall—3rd Floor 108 East Green Street Ithaca,NY 14850 274-6-550 FAX 274-E5588 Email: mwilson@cityofithaca.org jAforms,faxes,&1etterhead\forms\neighborhood improvement incentive fund(mit)application doc Signatures: As a member of the immediate neighborhood,I am aware.of and approve of the improvement project described on other side of this page. N ADDRESS 2. S 3 - is 7e rS f 5• ,..��� 6. 8. 9. 10. 11. 12. 13. 1.4. 15. 16. 17. _ 18. 19. 20. - Submit completed applications to: Megan Wilson,Planner Department of Planning&Development City Hall—3rd Floor 108 East Green-Street Ithaca,NY 14850 27-4=6555.0, FAX 274-65-5-8 Email: mwilson@cityofithaca.org jAforms,faxes,&letterhead\forms\neighborhood improvement incentive fond(niif)application.doc YCU AUIE INVITED TO IHA S 29TH ANNUAL NATIONAL NIGHT OUT BLOCK PARTY WHEN : TUESDA7;6GUST HERE: CONWAY PARK �6. , TIME: 5: 30 PM - 9 : 00 PM This is an opportunity for the community to meet and embrace each other and generate support for anti-crime programs, strengthen neighborhood spirit and police-community partnerships. And to send a message to criminals letting them know that neighborhoods are organized and fighting back. tf Ulf If ifc C 1) AUSIC IfNIFUUTAINALS11F 3! I" 1 Date: App. # (Office Use Only) —APPLICATION — NEIGHBORHOOD IMPROVEMENT INCENTIVE FUND (NIIF) Applicant Information Neighborhood Group/Ward lqu A 0 r- r S� s Applicant Contact Person: Address: Zo A /$(/ 'WTelephone: 607 G27.3--9&Z—V E-Mail Address: Project Description Describe the entire project and indicate those elements for which you are seeking incentive funds. Who will benefit from the project, and how? Does the project involve any donated materials or labor? What is the project schedule? \ rYv---7, 30 g vv ern 42 ,5 owavrid eva;14 Project Budget List any additional sources of cash,approximate value of any donations and approximate hours of donated labor. For projects under$100, it is required that you obtain signatures of five neighborhood residents. For projects over$100,twenty signatures are required. Total Cash Amount Requested Donated Labor Donated Materials $ $c vim + hrs. list items: �S jAforms,faxes,&letterhead\forms\neighborhood improvement incentive fund(niif)application.doc R Signatures: As a member of the immediate neighborhood, I am aware of and approve of the improvement project described on other side of this page. NAME ADDRESS 1. C Ike 3 L& i 4. OCc. Qku. ft ±a 5. ` lSw� 7. 8. _ �l] 9. 1,r 1 BOA. 11. his K11i / 'd'� 12. C 1� 13. r 1 36 fnar h"% 5 15. Wit. - p v�Y ZdL 72M 1 �' 16. -`- 4 r fi �lr�c.U�n�(,cf 1l � 17. 8. T 19 TvA /Ylo-R VMk- l-f-i 6s- Atl�t(�� 20. s han oc d- Submit completed applications to: Megan Wilson,Planner Department of Planning&Development City Hall—3rd Floor 108 East Green Street - Ithaca,NY 14850 274-6550 FAX 274-6558 Email: mwilson@cityofithaca.org jAforms,faxes,&letterhead\forms\neighborhood improvement incentive fund(niif)application.doc r of44 �.z C scin Chez Z. A-�Ctn,Cooj,;, Date: App.# (Office Use Only) — APPLICATION — NEIGHBORHOOD IMPROVEMENT INCENTIVE FUND (NHF) Applicant Information 0w Neighborhood Group/Ward#: A /L34n_5AULAOr � Applicant.Contact Person: Address: — Rou S . P1"n Telephone: &0-7 2173-A?5' It E-Mail Address: ICI A"Ati& ,am Project Description Describe the entire project and indicate those elements for which you are seeking incentive funds. Who will benefit from the project,and how? Does the project involve any donated materials or labor? What is the project schedule? I Ns ree ve64 i5 A r 4 &&o' AA)Y 1%ovd Trn ve,Yr►�./✓d` �s r Q.v►�'l1�'�- uvr.� jT/bY� W +� �� K �r� t�1r/�'i� f�'1v1�f A4i&-WJ AAzhf dv Z. W.l c/ vh 2 7 /-Z- s &vim- W 4 I b-a- �Ltc.- G'om nun,; -� w•c� ar.d � �ro`-'�_ �a.e� ��r � o»��-.c._ y�G�II r�►' d--'� l,�•y�( —G1ra`nt.� D ►'a S yG�-w�S�3J7 tiro 4 T7,..�-n !'�GJ�}��r�tor.� �, +��'� f' P.>r1Gr Gt • .r � (( d Project Budget List any additional sources of cash,approximate value of any donations and approximate hours of donated labor. For projects under$100,it is required that you obtain signatures of five neighborhood residents. For projects over$100,twenty signatures are required. Total Cash Amount Requested Donated Labor Donated Materials p. c;?D' 3CD hrs. list items: A/Ust q— �T jAforms,faxes,&letterheadWormAneighborhood improvement incentive fund(niif)application.doc ' u es m Signatures: As a member of the immediate neighborhood,I am aware of and approve of the improvement project described on other side of this page. NAME ADDRESS r 1. .v r� �'D 0 C I•'�A I JA 1 o- 2. 3. 4. (KS Z // 5. 7. 3CD0 \T/-. U� 8. 9. lG ( Ob c"i 10. 11. 12. �t �•c s (caw �'•31yi �, '��Q 13. 6 _ 1 I J%1n 5 J•eY �t up,L'�)L>1 15. '- r r -(--y` r - 16. k S 'tow eY' 18. /Lvi 19. 20. Submit completed applications to: Megan Wilson,Planner Department of Planning&Development City Hall-3rd Floor 108 East Green Street Ithaca,NY 14850 274-6550 FAX 274-6558 Email: mwilson@cityofithaca.org jAforms,faxes,&letterheadOorms\neighborhood improvement incentive fund(niit)application.doc Signatures: As a member of the immediate neighborhood,I am aware of and approve of the improvement project described on other side of this page. N ADDRESS 2. e� 4. 5. 7. '1 - 1 10 12 1A A. 13. 14. 16. FD 4 - P � ' �2- 0 17. , 26' 18. . 20. T Submit completed applications to: Megan Wilson,Planner Department of Planning&Development City Hall—3rd Floor 108 East Green Street Ithaca,NY 14850 274-6-550 FAX 274-E5588 Email: mwilson@cityofithaca.org jAforms,faxes,&1etterhead\forms\neighborhood improvement incentive fund(mit)application doc Signatures: As a member of the immediate neighborhood,I am aware.of and approve of the improvement project described on other side of this page. N ADDRESS 2. S 3 - is 7e rS f 5• ,..��� 6. 8. 9. 10. 11. 12. 13. 1.4. 15. 16. 17. _ 18. 19. 20. - Submit completed applications to: Megan Wilson,Planner Department of Planning&Development City Hall—3rd Floor 108 East Green-Street Ithaca,NY 14850 27-4=6555.0, FAX 274-65-5-8 Email: mwilson@cityofithaca.org jAforms,faxes,&letterhead\forms\neighborhood improvement incentive fond(niif)application.doc YCU AUIE INVITED TO IHA S 29TH ANNUAL NATIONAL NIGHT OUT BLOCK PARTY WHEN : TUESDA7;6GUST HERE: CONWAY PARK �6. , TIME: 5: 30 PM - 9 : 00 PM This is an opportunity for the community to meet and embrace each other and generate support for anti-crime programs, strengthen neighborhood spirit and police-community partnerships. And to send a message to criminals letting them know that neighborhoods are organized and fighting back. tf Ulf If ifc C 1) AUSIC IfNIFUUTAINALS11F 3! I" 1 Date: App. # (Office Use Only) —APPLICATION — NEIGHBORHOOD IMPROVEMENT INCENTIVE FUND (NIIF) Applicant Information Neighborhood Group/Ward lqu A 0 r- r S� s Applicant Contact Person: Address: Zo A /$(/ 'WTelephone: 607 G27.3--9&Z—V E-Mail Address: Project Description Describe the entire project and indicate those elements for which you are seeking incentive funds. Who will benefit from the project, and how? Does the project involve any donated materials or labor? What is the project schedule? \ rYv---7, 30 g vv ern 42 ,5 owavrid eva;14 Project Budget List any additional sources of cash,approximate value of any donations and approximate hours of donated labor. For projects under$100, it is required that you obtain signatures of five neighborhood residents. For projects over$100,twenty signatures are required. Total Cash Amount Requested Donated Labor Donated Materials $ $c vim + hrs. list items: �S jAforms,faxes,&letterhead\forms\neighborhood improvement incentive fund(niif)application.doc R Signatures: As a member of the immediate neighborhood, I am aware of and approve of the improvement project described on other side of this page. NAME ADDRESS 1. C Ike 3 L& i 4. OCc. Qku. ft ±a 5. ` lSw� 7. 8. _ �l] 9. 1,r 1 BOA. 11. his K11i / 'd'� 12. C 1� 13. r 1 36 fnar h"% 5 15. Wit. - p v�Y ZdL 72M 1 �' 16. -`- 4 r fi �lr�c.U�n�(,cf 1l � 17. 8. T 19 TvA /Ylo-R VMk- l-f-i 6s- Atl�t(�� 20. s han oc d- Submit completed applications to: Megan Wilson,Planner Department of Planning&Development City Hall—3rd Floor 108 East Green Street - Ithaca,NY 14850 274-6550 FAX 274-6558 Email: mwilson@cityofithaca.org jAforms,faxes,&letterhead\forms\neighborhood improvement incentive fund(niif)application.doc r of44 �.z C scin Chez Z. A-�Ctn,Cooj,;, Proposed Resolution Planning &Economic Development Committee August 8,2012 RESOLUTION: Request for Neighborhood Improvement Incentive Funds from the Family Sites Tenant Council for National Night Out,August 2012 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 specked 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, the Family Sites Tenant Council has submitted a completed application for reimbursement funds to off-set expenses that in past years have generally ranged from $400 —$650 for the annual National Night Out event,held this year on Tuesday,August 7, 2012, and WHEREAS, while this annual event is sponsored by the Family Sites Tenant Council at Conway Park, notice is circulated throughout the neighborhood, and the event provides an opportunity for socializing with diverse groups of Northside residents; now,therefore,be it RESOLVED, that the Planning and Economic Development Committee approves the request from the Family Sites Tenant Council in an amount up to $300.00 for reimbursement upon presentation of original invoices and/or receipts. Proposed Resolution Planning &Economic Development Committee August 8,2012 RESOLUTION: Request for Neighborhood Improvement Incentive Funds from the Titus Towers Tenant Council for National Night Out,August 2012 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 specked 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, the Titus Towers Tenant Council has submitted a completed application for reimbursement funds to off-set expenses that in past years have generally ranged from $400 —$650 for the annual National Night Out event,held this year on Tuesday,August 7, 2012, and WHEREAS, while this annual event is sponsored by the Titus Towers Tenants Council, notice is circulated throughout the neighborhood, and the event provides an opportunity for socializing with diverse groups of South of the Creek residents,now, therefore,be it RESOLVED, that the Planning and Economic Development Committee approves the request from the Titus Towers Tenant Council in an amount up to$300.00 for reimbursement upon presentation of original invoices and/or receipts. CITY OF ITHACA Off° T `�Cti 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 � I'ppRIa�� Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: Planning&Economic Development Committee FROM:Megan Wilson,Planner DATE: August 2,2012 RE: New Direction for Comprehensive Planning Process As you know, the City has been working with Clarion Associates on the preliminary tasks of the preparation of its new Comprehensive Plan. The City appreciates the work completed by Clarion to date but has decided to move forward without the Clarion team. Work on the new Comprehensive Plan will continue, and the project funding will now be spent locally. City staff and the Comprehensive Plan Committee will prepare the new Comprehensive Plan with input from the community and the help of local consultants for specific tasks as needed. The planning process will still include extensive public outreach, and we look forward to hearing from the community as this exciting project continues. The Comprehensive Plan Committee will meet on Monday, August 20th to finalize reports prepared by Clarion and move on to the next step in the planning process. Staff will attend the August 8th Planning & Economic Development Committee meeting to answer any questions that Committee members may have. If you have any questions or comments prior to the meeting, please contact me at 274-6560 or mwilson o,cityofithaca.org. Proposed Resolution Planning & Economic Development Committee August 8, 2012 Resolution of Support for the Comprehensive Planning Process WHEREAS, the City of Ithaca's existing comprehensive plan was completed in 1971 and has since been amended fourteen times by various targeted neighborhood and strategic plans, and WHEREAS, while some objectives of the 1971 plan are still applicable, many are not, and both local conditions and broader national and world-wide trends that affect Ithaca have changed dramatically since then, resulting in a need to update the comprehensive plan to address present- day issues and anticipate future ones, and WHEREAS, the City has decided to pursue a two-phased approach to its new Comprehensive Plan where Phase I will entail the preparation of an "umbrella" plan that sets forth broad goals and principles to guide future policies throughout the city and where Phase II will include the preparation of specific neighborhood plans and other distinct thematically-based plans, and WHEREAS, in February 2008, the Common Council approved a capital project in the amount of$200,000 to prepare a comprehensive plan, and WHEREAS, the City issued a Request for Qualifications for firms interested in assisting with the preparation of Phase I of the Comprehensive Plan, and in early 2011, the Comprehensive Plan Committee interviewed three consultant teams, and WHEREAS, based on the unanimous recommendation of the Comprehensive Plan Committee, the Planning and Development Board, the Common Council, and the Mayor selected Clarion Associates as the project consultant for Phase I of the new Comprehensive Plan in May 2011, and WHEREAS, Clarion Associates began working on the project in September 2011 and undertook a review of existing plans and studies and an analysis of existing conditions and trends, and WHEREAS, an extensive public input process was kicked-off by a Clarion-led community workshop in November 2011, and that workshop was followed up with over 20 neighborhood meetings and focus groups as well as individual surveys, and WHEREAS, using all of this information, the consultant team has completed two reports and initiated a third report, and these documents will inform the preparation of the new Comprehensive Plan, and WHEREAS, while the City appreciates the work completed by Clarion Associates, it has decided to move forward without the Clarion team, and 1 WHEREAS, the project funding will now be spent locally as City staff and the Comprehensive Plan Committee will prepare the new plan with input from the community and the assistance from local consultants as needed, and WHEREAS, the City remains committed to incorporating community input into the new Comprehensive Plan, and the planning process will continue to include extensive public outreach; now, therefore, be it RESOLVED,that the Common Council appreciates the work completed by Clarion Associates and fully supports the new direction for the preparation of the Comprehensive Plan. 2 Proposed Resolution Planning & Economic Development Committee August 8, 2012 An Ordinance to Amend the Municipal Code of the City of Ithaca to Repeal and Replace Chapter 276, "Site Plan Review"—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 repeal and replacement of Chapter 276, "Site Plan Review", is an "Unlisted"Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore,be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review the proposed repeal and replacement of Chapter 276, "Site Plan Review". J:\GROUPS\Planning and Econ Dev Committee\2012 Planning and Economic Development Committee\08 August\SPR Ordinance\E3a Lead Agency SPR Ord 8-8-12.doc 08/03/12 Flip/ 4� CITY SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Site Plan City of Ithaca Review Ordinance Revisions 3. Project Location: Citywide 4. is Proposed Action: O New O Expansion 0 Modification/Alteration 5. Describe project briefly: Revisions to Chapter 276 of the Municipal Code, Site Plan Review Ordinance. 6. Precise Location Citywide 7. Amount of Land Affected: Initially: 6.1 square miles. Ultimately: 6.1 square miles. S. Will proposed action comply with existing zoning or other existing land use restrictions? 0 Yes O No If no, describe briefly: 9. What is present land use in vicinity of project: Z Residential x❑ Industrial O Agricultural © Parldand/Open Space gCommercial O Other Describe: 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency (federal/state/local): O Yes O No If yes, list agency name and permit/approval type: 11. Does any aspect of the action have a currently valid permit or approval? 0 Yes ❑xNo If yes, list agency name and permit/approval type: 12. As a result of proposed action, will existing permit/approval require modification? O Yes Z No I certify the in1hrn7ation provided above is true to the best of my knoii,ledge. PREPARER'S SIGNATURE:L ' DATE: J PREPARER'S TITLE: Senior Planner REPRESENTING: City of Ithaca SHORT ENVIRONMENTAL ASSESSMENT FORM Part II 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. Narne of Project: City of Ithaca Site Plan Review Ordinance Revisions Yes No 1. Will project result in a large physical change to the project site or physically alter ❑ x 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 ❑ x 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? ❑ x 4. Will the project have an impacton groundwater quality? ❑ x 5. Will the project affect drainage flow on adjacent sites? ❑ x 6. Will the project affect any threatened or endangered plant or animal species? ❑ x 7. Will the project result in an adverse effect on air quality? ❑ x 8. Will the project have an effect on visual character of the community or scenic views ❑ x or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic, pre-historic, or ❑ x 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? ❑ x 11. Will the project result in traffic problems or cause a major effect to existing ❑ x transportation systems? 12. Will the project cause objectionable odors, noise, glare,vibration, or electrical ❑ x 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? ❑ x 14. Will the project affect the existing community by directly causing a growth in ❑ x 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? ❑ x If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE: DATE: PREPARER'S TITLE: Senior Planner i REPRESENTING: City of Ithaca Proposed Resolution Planning Committee August 8, 2012 An Ordinance to Amend the Municipal Code of the City of Ithaca Repeal and Replace Chapter 276 "Site Plan Review" — Determination of Environmental Significance WHEREAS, the City of Ithaca is considering an amendment to the Municipal Code in order to repeal and replace Chapter 276, "Site Plan Review," and WHEREAS, the proposed action is an "Unlisted" Action under the City Environmental Quality Review Ordinance, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form(SERF), dated July 23, 2012, and WHEREAS, the proposed amendment has been reviewed by the Tompkins County Planning Department pursuant to §239-1—m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development Board, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed and accepted the SEAF prepared by planning staff, now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action 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. Proposed Amendments to the SPR Ordinance Comments Received as of 8/3/2012 Comment#1 I read in your July 9, 2012 memorandum that the Planning and Development Board is working with city staff to amend the Site Plan Review Ordinance. I haven't been able to thoroughly review the proposed changes in the draft dated July 10 but I have one concern regarding trees that would be installed as part of the landscape plan for new development projects in the city. Having served on the planning board at the inception of the ordinance and on Common Council when previous ordinance revisions were made, I regret that stronger language was not incorporated into the ordinance so that trees with larger caliper and greater height were planted as part of new projects. Site plan review has certainly improved the built environment in the city, but it has been disappointing in many instances to see the quality of trees that have been installed. I'm sure you and board members have seen these young, short and narrow trunked examples, or even taller scrawny trees, as you've traversed the streets. These trees remain in this state and simply don't provide the aesthetic that was intended when the ordinance was originally passed. A major goal was to have tall trees that would provide large shaded areas around buildings and in parking lots. Unless I've misunderstood the proposed draft, I would encourage the board to reconsider maintaining the 2'/2-inch caliper requirement for deciduous trees. The required caliper should be substantially increased and a height requirement for trees should be added to the ordinance. I also think that language should be included so that tree species with a broad and leafy canopy be a preferred selection. Comment#2 Should the acronym BZA be used- or should it be spelled out? Proposed Resolution Planning Committee August 8, 2012 An Ordinance Amending the Municipal Code of the City Of Ithaca to Repeal and Replace Chapter 276, Entitled "Site Plan Review" WHEREAS, Chapter 276 of the Municipal Code of the City of Ithaca, Site Plan Review, was first enacted in 1989 and was repealed and replaced in 1999 , and WHEREAS, amendments to Chapter 276 have been proposed, the purpose of which are to correct and clarify language, resolve inconsistencies, and make substantive changes regarding applicability thresholds, evaluation criteria, public notification requirements and the rate and payment of fees, and WHEREAS, given the extent of the changes proposed it would be impractical to accomplish such revisions by amendment, now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: § 276-1. Intent. The intent of this chapter is to provide for the review of site plans for certain land uses in the City of Ithaca for the purpose of- A. Preserving and enhancing neighborhood character. B. Achieving compatibility with adjacent development and uses. C. Mitigating potentially negative impacts on traffic,parking, drainage,the landscape and similar environmental concerns. D. Improving the design, function, aesthetics and safety of development projects and the overall visual and aesthetic quality of the city. E. Promoting environmental sustainability in new development, redevelopment and long term planning. § 276-2. Definitions. A. Definitions of specific terms or words as used in this chapter shall conform to the definitions of the same terms in the Zoning Ordinance, Chapter 325, § 325-3. B. In addition to the definitions in Chapter 325, the following terms shall be used in this chapter as they are defined in this section: AFFECTED SITE AREA--Any area (including new and modified gross floor space) that is physically changed as a result of the proposed development. Such changes do not have to be permanent or irreversible for the area to be considered affected. For example, a construction staging area will be considered an affected area if tree damage or significant soil compaction is likely to result. BOARD -- The Planning and Development Board,unless otherwise specified. COMMISSIONER-- The Building Commissioner for the City of Ithaca,New York. DEVELOPMENT --Any land use activity or project which requires a permit from the Building Department and will result in changes to the physical condition, appearance or type of use, or intensity of use, of property. (1) Development projects include but are not limited to: (a) New construction,reconstruction, modification or expansion of existing structures or site improvements. (b) Landfilling, excavation, grading,parking lot construction or any other disturbances to the natural or existing topography or vegetation of the site. (c) Demolition of structures or site improvements. (2) A project shall not be considered a development if it is one or a combination of the following: (a) Replacement in kind only; or (b) Interior construction only; or (c) Infrastructure maintenance only. DIRECTOR-- The Director of Planning and Development for the City of Ithaca, New York or his/her designee. EXPANSION-- An enlargement of, or addition to, an existing structure or a paved area, including driveways,parking areas and sidewalks. MODIFICATION --Rearrangement of site layout or an exterior alteration to an existing structure (including any changes to a building facade, except replacement in kind). PERFORMANCE GUARANTY -- Any security that may be accepted by the city as a guarantee that the improvements required as part of site plan approval will be satisfactorily completed. RECONSTRUCTION -- Construction of buildings or site plan improvements following total demolition of a previous development. REPLACEMENT IN KIND -- Replacement of materials (for maintenance purposes) which does not have an effect on the appearance of the existing building and site. SITE IMPROVEMENT -- Features including but not limited to planting, paving, retaining walls, drainage culverts and swales, fences and gates, lighting, site furniture, fountains,pools, bridges, dams, decks, boardwalks, pergolas, signs and any other accessory structures, devices or landscape materials on the site. SITE PLAN -- The development plan showing the existing and proposed conditions, including but not limited to topography, vegetation, drainage, floodplains, marshes and waterways; open spaces, walkways, means of ingress and egress,utility services, landscaping, structures and signs, lighting and screening devices; submitted along with building plans, elevations and building materials; and any other information that may be reasonably required to allow an informed decision to be made by the Board or the Director. STORM WATER POLLLUTION PREVENTION PLAN (SWPPP)—A plan to identify and mitigate stormwater impacts as defined in Chapter 282. § 276-3. Applicability; exceptions. A. General applicability. (1) Site plan review (SPR) applies to all new construction and reconstruction of both residential and non residential development (except that excluded by §276-3C), including parking areas of three or more spaces in residential zoning districts. (2) Site plan review (SPR) applies to construction of landscape and infrastructure improvements which do not normally require a building permit, but nervertheless have an extensive public use, prominent visibility, or a potentially large environmental impact, such as construction of trails or trailheads, development of, or improvements to, existing parks; construction or reconstruction of bridges; and rebuilding of public or private streets that involve streetscape improvements. B. Projects of limited scope. (1) The Director shall have the authority to review and act on a development proposal if the proposed project meets the description in § 276-3A but is below the thresholds described below. For such projects of limited scope, reviewed by the Director, a public hearing is not required. The Planning and Development Department shall be the lead agency in the environmental review of such projects. There shall be no requisite review of the environmental assessment forms (EAF) by the Conservation Advisory Council (CAC) in these cases. See § 276-5C for situations when projects of limited scope will be referred to the Board for a full review. The upper thresholds for projects of limited scope are: (a) All new construction and reconstruction of single-lot residential development of a single-family detached or semidetached dwelling or a two-family dwelling. (b) Modification and expansion of residential development involving 4,000 square feet (sf) or more of total affected site area. (c) New construction,reconstruction, modification or expansion of nonresidential development in residential zones involving 3,000 sf of total affected site area. (d) Modification and expansion of nonresidential development in nonresidential zones, involving 10,000 sf of total affected site area. (e) Construction of landscape and infrastructure improvements as described in § 276-3A(2). (2) When an application is received for site plan review under the provisions for projects of limited scope as noted above, the Director shall,within 10 working days of the date of the submission of the application,notify the Council members in whose ward the project is to be located. C. Exemption: (1) Existing uses and developments which in their present configuration and use are legally authorized as of the date of this legislation shall not be subject to SPR. (2) Exterior modifications to an existing single-lot residential development of a single-family detached or semidetached dwelling or a two-family dwelling, including additions, porches, fagade changes, landscaping and site improvements, excluding the development of parking areas for 3 or more cars as required under §325-20. D. City and other government projects. For city and other government projects, the threshold of applicability, the review procedure and the review criteria shall be the same as for all SPR applicants unless the Common Council decides that any particular government project shall be reviewed on an advisory basis only. However, even if a project is subject to advisory review only, no construction shall begin until the Board or the Director has completed the review, including the issuance of any findings and recommendations that the Board or the Director determines to be appropriate. Projects subject to advisory SPR only shall be presented to the Board for review beginning as early as possible, and in any case no later than when the environmental review is started. The Board may or may not be the Lead Agency of the environmental review of projects subject to advisory SPR only. § 276-4. Other permits and approvals. An approved site plan shall be binding on all further permits and approvals needed for the project. The Board or the Director's decision to approve a site plan does not excuse an applicant from complying with all other permits and approvals that may be needed, including but not limited to street and sidewalk permits, utility permits and tree permits. A. Permits from Building Department. For projects subject to SPR, a permit from the Building Department shall be issued only after SPR approval has been granted. In a case where a conditional SPR approval has been given, no certificate of occupancy or completion shall be issued until final SPR approval has been given and all conditions of such final approval have been met. See also § 276-9. B. Variances. (1) Any required variance must be obtained from the Board of Zoning Appeals before the Planning Board will issue preliminary or final site plan approval. (2) For projects that require both a variance and site plan approval, the Planning Board will act as Lead Agency in the environmental review for both actions. The BZA cannot grant a variance until the the Planning Board has completed the environmental review. C. Storm Water Pollution Prevention Plans (SWPPP). All Storm Water Pollution Prevention Plans must be approved by the Stormwater Management Officer (SMO) in accordance with §282 before final site plan approval is granted. § 276-5. Authorization to review site plans. A. The Planning and Development Board is authorized to conduct SPR according to the procedures described in § 276-6. B. The Director is authorized to conduct SPR of projects of limited scope as defined in § 276-3B. C. In projects of limited scope the Board shall conduct SPR according to the procedures described below in § 276-6, when the following conditions arise: (1) There is public controversy concerning the proposed development, as determined by the Board or the Director. (2) The application is referred to the Board by the Director. (3) The applicant appeals to the Board after decision by the Director is made. § 276-6. Site plan review (SPR) procedures. A. Process initiation. (1) The Building Commissioner shall determine whether SPR is required when an application for a building permit, a demolition permit, or a fill permit is filed. Such determinations may be appealed to the Planning and Development Board within 30 days of the written notification that SPR is required. (2) Projects which do not require a building permit, as described in §276-3A(2) shall be submitted to the Planning Director for sketch plan. The Director shall. in accordance with 276-5 C, determine if the project requires review by the Board. B. The following procedures are required for both full site plan review and projects of limited scope: (1) Sketch plan conference with planning staff, or when appropriate, with the Board as a whole. This step may occur before the application for a building permit if it can be reasonably assumed that SPR would be required, in order to inform the applicant of the SPR process and to explain the standards for approval, before substantial time and effort are invested in the preparation of plans. The Director should determine at this stage whether the proposal is a project of limited scope as defined in § 276-3B. (2) Submission of application materials. (a) Applicants must submit a complete site plan review application, including all applicable materials as described in the Site Plan Review Checklist, which may be obtained from the Department of Plannign and Development. (b) Additional application materials may be required by the Board. Depending on the scope and complexity of the project, the Board has the discretion to require applicants to engage the services of licensed design professionals and other experts such as architects, landscape architects, engineers, ecologists or surveyors. (c) For all new construction and reconstruction of single-lot residential development of a single-family detached or semidetached or a two-family dwelling, applicants must complete the Residential Infill Neighborhood Compatibility Review Application, which may be obtained from the Department of Planning and Development (3) Environmental review. An environmental review of the proposed development shall be conducted prior to SPR approval in accordance with § 176 of the City Code. C. The following procedures are required for full Site Plan Review and not required for projects of limited scope: (1) Public notice (a) By mail. At least 20 days before the first meeting at which the Planning and Development Board considers either a determination of environmental significance or preliminary site plan approval, the applicant shall notify the record owners by mail of all properties within 200 feet of the project site. Such notice shall be in the form approved by the Board, briefly state essential facts about the proposal, include the proposed site plan, and inform recipients of the date, time and place of the meeting and the place where further information about the proposal and the review process may be obtained. Applicant shall provide the Board with certification of compliance for notice procedures. (b) By posting. At least 20 days before the first meeting at which the Planning and Development Board considers either a determination of environmental significance or preliminary site plan approval, the applicant shall post a sign at the center of each property line of the project site which fronts on a public or private roadway or public right-of-way. Such signs shall be continuously maintained and displayed facing the roadway until final action has been taken by the Board to approve or deny the site plan. The required signs shall be obtained from the Department of Planning and Development, and a nonrefundable fee shall be paid for each sign or replacement obtained. At the time such signs are obtained, the applicant or the applicant's representative shall indicate, in writing, the date on which the signs are to be erected. (c) By newspaper. The hearing on the preliminary site plan shall be advertised in a newspaper of general circulation in the city at least five days before the hearing. (2) Coordination and consultation. SPR projects requiring the review and approval of the Board may also be reviewed by the Building Department, the Engineering Office, the Fire Department, the City Forester and any other city officials or non- city consultants deemed appropriate by the Planning Board or the Director. Any comments from these reviewers shall be summarized and forwarded to the Board to aid its decision on the proposal. (3) Planning and Development Board meeting. Following timely receipt of a complete application for site plan approval, the Board shall schedule consideration of the application at its earliest possible scheduled meeting. The Board may establish its procedures and requirements, within the framework provided by this chapter, for conducting site plan review. (4) Public hearing. Prior to rendering any decision on a SPR application,the Board shall first hold a public hearing on the proposed development. This may begin concurrently with any required public hearing for the purpose of environmental review of the same project and may continue after any such environmental review public hearing is closed. Public hearings are not required for projects of limited scope as defined in § 276-313, unless the project is referred to the Board for SPR (5) Action on application for site plan approval. (a) Within 65 days after completion of environmental review on a complete SPR application, the Board(or the Director if it is a project of limited scope as defined in § 276-313) shall render one of the following decisions: [I] Preliminary approval only. [2] Preliminary approval with conditions. [3] Preliminary and final approval. [4] Preliminary and final approval with conditions. [5] Disapproval of the site plan. (b) In the case where a Board's action is required and where preliminary approval only is granted, final approval shall be considered at the earliest scheduled Board meeting subsequent to the applicant's submittal of an adequately revised site plan, whereupon the Board shall render one of the following decisions: [1] Final approval. [2] Final approval with conditions. [3] Disapproval of the site plan. (6) Communication of decision. The Building Commissioner and the applicant shall be notified, in writing, of a site plan review decision no later than 10 working days after the date of decision. When a site plan is approved, a stamped copy of the approved site plan, including any conditions of approval, shall accompany the notification to the Building Commissioner. D. Changes to approved site plan. Proposed changes (whether before or after construction) to approved site plans must be submitted to the Commissioner for review to determine whether the effect of the proposed changes warrants reconsideration of the project's approval status. The Commissioner in consultation with the Director shall make one of the following determinations: (1) That the proposed changes do not affect the approval status of the site plan. (2) That the changes are significant and shall require a reopening of the review. (3) That the proposed changes are likely to have such an extensive or significant effect on the project that a new SPR application is required. E. Extension of deadlines. All deadlines for decisions on an SPR application may be extended upon mutual agreement by the Board and the applicant. § 276-7. Project review criteria. A. General criteria: (1) Avoidance or mitigation of any negative impacts. The following shall be emphasized in particular: (a) Erosion, sedimentation and siltation control in accordance with §282 of the City Code. (b) Protection of significant natural features and areas, including but not limited to trees, views, watercourses or bodies of water and land forms, on or near the site. The protection of existing mature vegetation, especially trees over eight inches DBH (diameter-breast-height) may be required unless a justification for their removal can be made by the applicant. (c) Protection of, and compatibility with, other nearby features and areas of importance to the community, including but not limited to parks, landmarks, neighborhoods, commercial areas, and historic districts. (2) Compliance with all other regulations applicable to the development. These include, but are not limited to, the Zoning Ordinance, Sign Ordinance, Subdivision Regulations, Storm Water Regulations Ordinance, Landmarks Preservation Ordinance, Exterior Property Maintenance Ordinance and Environmental Quality Review Ordinance of the City of Ithaca,iEN and the State Environmental Quality Review Act.ii[Amended 6-13-2001 by Ord.No. 2001-8] (3) Improvement of the visual quality of the site and its vicinity through: (a) The presence of a perceivable form and order in the basic layout of the major architectural and landscape elements. (b) The proper and effective use of landscape architectural elements such as plantings, land forms, water features,paving and lighting, including the location and appearance of proposed signage. [Amended 3-5-2003 by Ord. No. 2003-8] (c) An appropriate arrangement, form, scale, proportion, color,pattern and texture of buildings and other site improvements. (d) An appropriate relationship between the proposed development and the nearby streetscape, landscape, and the built environment. (e) The integration of works of art on the site where appropriate and possible. [Added 3-5-2003 by Ord. No. 2003-8] (f) The appropriate arrangement of landscape and architectural elements to preserve existing views both to, from and through the site. (4) Adequate wastewater and sewage disposal facilities. Calculations of the existing and estimated increased loads on the system may be required. (5) Adequacy of fire lanes and fire and emergency access and the availability of fire hydrants. (6) Safe arrangement of vehicular access, circulation, intersections and traffic controls. Analysis of the project's impact on parking and traffic may be required, including sight lines at curb cuts. (7) Handicap accessibility of buildings,pathways and parking in accordance with ADA standards. (8) Safe and convenient pedestrian and bicycle access and circulation, including provision of sidewalks along public streets, unless applicant demonstrates that a sidewalk is not feasible due to site constraints. (9) Open space for play areas and informal recreation in the case of a residential development. (10) Provisions for energy efficiency, renewable energy, and green design as determined by the Board (11) Conformance to any endorsed or adopted urban design plan or comprehensive plan relevant to the proposed site. (12) For new construction of multiple dwellings, commercial buildings and office buildings, adequate and appropriately located facilities for the storage and collection of solid waste and recyclable materials shall be required. Developers of new commercial and mixed-occupancy buildings must design a waste management system that can support the needs of any allowable use in the building, including those uses that could result in maximum garbage generation. Screening of these facilities, as well as other actions relating to the appearance of the facilities, may be required in accordance with the Exterior Property Maintenance Ordinance, Chapter 178 of the City of Ithaca Municipal Code. [Amended 6-13-2001 by Ord. No. 2001-8; 3-5-2003 by Ord. No. 2003-8] (13) Shielding or reduction of noise from mechanical equipment and other sources to the extent reasonably practicable. (14) Screening or architectural integration of a building's or structure's exterior mechanical equipment. (15) The scope and definition of the proposed development shall include all previous development on the property occurring within the past two years within 200 feet of the proposed development which, when considered together,may have a substantial aggregate effect on the surrounding properties. (See definitions of "development" and "affected site area" in § 276-213.) B. Criteria for plant materials and maintenance. All projects shall provide for adequate types and arrangements of landscaping, both to enhance the site and to complement the architectural components of the development and to screen or buffer adjacent uses in public ways. Use of invasive species should be avoided. Where possible and reasonable, trees shall be planted in an 8' tree lawn adjacent to the road. The City Forester shall, when appropriate, be consulted regarding specifications governing tree species, size, spacing and method and location of planting. Appropriate guaranties for tree health may be required. Where possible and reasonable, any trees greater than 8 inches in diameter at breast height of desirable species and in good health and sound structure, as determined by the City Forester, should be retained on the site and protected during development per the requirements of § 306-713 of Chapter 306, Trees and Shrubs. (1) Deciduous trees shall have a caliper of at least 2 1/2 inches at the time of planting. Size of evergreen trees and shrubs may vary depending on location and species. (2) All plant materials shall be installed to the following standards: (a) All planting beds to be excavated to a minimum depth of two feet. (b) Tree pits in lawn to be excavated to depth of root ball plus 6" and shall be 3X the width of the root ball. (c) All trees in lawn areas to receive 5' diameter mulch rings. (d) Only nursery-grown plant materials shall be acceptable. All trees, shrubs and ground cover shall comply with applicable requirements of ANSI Z60.1 "American Standard for Nursery Stock". (e) No plants or trees shall be located beneath building overhangs. (f) Depending on site design and soil conditions, structural soil may be required under sidewalks and in planting beds contiguous to paved areas. The City Forester and/or the Director shall work with the applicant to determine the need for structural soil and the extent of its use. (3) Dead, dying and/or seriously damaged plant materials of the approved site plan shall be replaced, by the owner, within a reasonable time period during the current (or immediate next) planting season. Any other damaged or missing elements, including but not limited to fences, bollards, signs, shrubs, street furniture, etc., of the approved plan must be similarly replaced by the owner. This will assure that landscaping remains in compliance with the final site plan as approved by the Planning and Development Board. (4)For projects on City property, the City Forester and the Shade Tree Advisory Committee shall be consulted in plant species selection and planting soil specification. (5) Notwithstanding any provision in this chapter or any other City ordinance or regulation to the contrary, an approved site plan may not be modified without express written approval of the Planning and Development Board except as approved by the Building Commissioner upon consultation with the Director as specified herein above. C. Criteria for automobile parking areas. All parking areas shall be designed in conformance with §325.20 of the City Ordinance. The Board may make such additional reasonable stipulations as it deems appropriate to carry out the intention of this chapter. (1) Parking areas in Residential Zoning Districts. In order to protect the character of residential areas, plans for parking areas with the capacity of three or more cars within residential zoning districts must conform to either the setback compliance method or, at the discretion of the Planning Board, the landscaping compliance method described respectively in § 325-20E(5)(a) and (b). Such plans must also comply with all other general and specific standards of § 325-20. Where turnarounds, or other maneuvering spaces not required for access to parking spaces, are provided that meet minimum size for a parking space, they shall be counted as a parking space for the purposes of this subsection. (2) Applicants are encouraged to design parking areas with pervious paving when feasible. D. Criteria for bicycle parking facilities. Bicycle parking shall be required for all uses requiring site plan review as per Sec. 276-3(A)(2) except as may be determined by the Board or the Transportation Engineer. Covered bicycle parking is strongly recommended. § 276-8. Fees. A. Application fees. The application fees shall be based on the total construction, site work, and landscaping cost and shall be charged in accordance with the following schedule. Type of Approval Project Cost Application Fee Less and $10,000 $75 $10,000 to $150 $50,000 Full Site Plan Review $50,000 to $300 $100,000 Over $100,000 $1.50 per $1,000 *Modified Site Plan Less than $50,000 $150 Review $50,000 or more $250 Limited Site Plan Any Amount $50 Review *The Fee Schedule for Modified Site Plan Review applies only to modifications to the approved site plan that do not trigger reconsideration of the determination of environmental significance. Modifications that require additional environmental review shall follow the fee schedule for Full Site Plan Review. B. Payment of Fees. For site plan review projects that require a use or area variance from the BZA, 50% of the fee is due at the time of application and 50% is due after the Planning Board completes environmental review. For all other projects, the full fee is due at the time of application. § 276-9. Performance guaranty. No certificate of occupancy or certificate of completion shall be issued until all improvements required by site plan approval are installed, and including any conditions placed on such approval are fulfilled, or until a sufficient guaranty, in the form of a performance bond, letter of credit or other security, is in place. The Building Commissioner shall be responsible for the overall inspection of site improvements. § 276-10. Expiration of approval; extension of approval. [Amended 12-12-2001 by Ord. No. 2001-121 If the construction of a development has not commenced within two years of the date of the site plan approval, such approval shall expire, unless an extension has been granted by the Board following a written request by the applicant. An application for an extension of SPR approval shall not be considered a new SPR application. § 276-11. Enforcement; inspections; penalties for offenses. Development projects may be periodically inspected for conformance to the approved site plan, including the maintenance of the viability of the planting required as part of the site plan approval. If there is nonconformance, or if any conditions of SPR approval are not fulfilled, no certificate of occupancy or certificate of completion shall be issued. Where a development reverts to nonconformance after the issuance of a certificate of occupancy or certificate of completion, current owners of the development shall be notified, in writing, and given the opportunity to correct the situation. If the Director determines that the corrective measures are inadequate, the city shall implement any necessary changes to the site to bring it into conformance, the cost of which shall be charged to the property owner. In addition, a fine of $50/day may be imposed for any violations of the provisions of this chapter or of any conditions imposed by a permit issued pursuant to site plan approval. Development projects shall be inspected at least once two years after the issuance of a certificate of occupancy or certificate of completion. § 276-12. Appeals. A. The determination(by the Building Commissioner) of whether a development proposal is subject to SPR may be appealed to the Board within 30 days of the written notification that SPR is required. B. Any person aggrieved by any decision of the Director may appeal to the Board. C. Any person aggrieved by any decision of the Board, or any officer or agency of the city, regarding SPR, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. § 276-13. Severability. If any section,paragraph or provision of this chapter shall be determined to be invalid, such invalidity shall apply only to the section,paragraph or provision adjudged invalid, and the rest of this chapter shall remain valid and effective. Flip/ 4� CITY SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Site Plan City of Ithaca Review Ordinance Revisions 3. Project Location: Citywide 4. is Proposed Action: O New O Expansion 0 Modification/Alteration 5. Describe project briefly: Revisions to Chapter 276 of the Municipal Code, Site Plan Review Ordinance. 6. Precise Location Citywide 7. Amount of Land Affected: Initially: 6.1 square miles. Ultimately: 6.1 square miles. S. Will proposed action comply with existing zoning or other existing land use restrictions? 0 Yes O No If no, describe briefly: 9. What is present land use in vicinity of project: Z Residential x❑ Industrial O Agricultural © Parldand/Open Space gCommercial O Other Describe: 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency (federal/state/local): O Yes O No If yes, list agency name and permit/approval type: 11. Does any aspect of the action have a currently valid permit or approval? 0 Yes ❑xNo If yes, list agency name and permit/approval type: 12. As a result of proposed action, will existing permit/approval require modification? O Yes Z No I certify the in1hrn7ation provided above is true to the best of my knoii,ledge. PREPARER'S SIGNATURE:L ' DATE: J PREPARER'S TITLE: Senior Planner REPRESENTING: City of Ithaca SHORT ENVIRONMENTAL ASSESSMENT FORM Part II 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. Narne of Project: City of Ithaca Site Plan Review Ordinance Revisions Yes No 1. Will project result in a large physical change to the project site or physically alter ❑ x 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 ❑ x 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? ❑ x 4. Will the project have an impacton groundwater quality? ❑ x 5. Will the project affect drainage flow on adjacent sites? ❑ x 6. Will the project affect any threatened or endangered plant or animal species? ❑ x 7. Will the project result in an adverse effect on air quality? ❑ x 8. Will the project have an effect on visual character of the community or scenic views ❑ x or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic, pre-historic, or ❑ x 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? ❑ x 11. Will the project result in traffic problems or cause a major effect to existing ❑ x transportation systems? 12. Will the project cause objectionable odors, noise, glare,vibration, or electrical ❑ x 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? ❑ x 14. Will the project affect the existing community by directly causing a growth in ❑ x 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? ❑ x If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE: DATE: PREPARER'S TITLE: Senior Planner i REPRESENTING: City of Ithaca To: Planning & Economic Development Committee From: Rental Housing Advisory Commission Re: Exterior Property Maintenance Ordinance Date: 25 July 2012 After a thorough review and discussion of the proposed changes to the Exterior Property Maintenance Ordinance, the Rental Housing Advisory Commission submits the following thoughts and recommendations. The rental-housing sector represents 70% of the City's dwelling units, and is a substantial small business sector. The RHAC appreciates the Council examining the city charter for issues that affect the rental-housing sector. Because the RHAC is made up of both landlords, renters and non-profit housing providers, we have tried to represent all sides of the issue. 1)Establish a fine range. Given the variety of offenses that a fine under this ordinance might entail from a trash can lid askew to piles of scrap, the RHAC suggests that establishing a fine range from $25 - 300 would be a more fair process. This would allow the discretion of the City prosecutor and Court to acknowledge the severity of a citation, while still providing for a clean and sanitary environment. 2)Revise the increasing fine levels. If the PEDC and/or the Common Council find it inappropriate to establish a fine range, the RHAC recommends that smaller fines would be more equitable. 3) Reset fine clock for new tenants. Because turnover is high among some populations of the rental housing sector, the Commission recommends that the escalating fine structure, if the Council opts to maintain it, should reset with new tenants instead of after 12 months. The RHAC is concerned about the fairness of a new tenant being saddled with the highest fine because of actions resulting from the previous tenant. The current charter language states that the fine escalation shall reset after 12 months. The RHAC suggests having a reset after new tenants move in OR 12 months with the same tenant. 4) Establish notification requirements for landlords/agents. Even though responsibility of resolving fines may be established in leases, the property owners still receive the fines accrued and passes them on to the tenant in some fashion. Unfortunately, notification can take time and the tenant thus can be saddled with further tickets if the problem is not resolved. A requirement of a time frame of 30 days past the ticket issuance for notice of tickets should be set in place. 5) Establish an"opportunity to cure." Since the fines that result from the EPMO are meant as a deterrent for unsightly properties, the Commission recommends that Common Council create an opportunity to cure the problem for first-time offenders. Thank you for your consideration. Rental Housing Advisory Commission Larry Beck, co-chair Mitch Paine, co-chair IT$ CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT +a ° JOANN CORNISH, DIRECTOR OF PLANNING&DEVELOPMENT $�+ PHYLLISA A. DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT RIITE�'� Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning and Economic Development Committee FROM: Jennifer Kusznir, Economic Development Planner DATE: July 18, 2012 RE: Proposed Planned Unit Development Floating Zoning District The purpose of this memo is to provide information regarding a proposal to establish a Planned Unit Development(PUD) floating zoning district in the City. A PUD is a special zoning district that is initially created by Common Council as a floating zone, which is a district that is established in the code, but is not placed on the official zoning map. The PUD is intended to provide the City and a developer with flexibility in site and building design, economies of scale in site development, and greater protection of valued open spaces or environmentally sensitive areas. Often used by suburban or rural communities to create planned unit neighborhood, PUDs can be effective in urban settings by allowing the flexibility needed to redevelop difficult or complex sites or by allowing a mix of uses that will make the redevelopment economically feasible. The advantage of having an established PUD district is that it eliminates the need for variances from zoning while allowing the City to retain a measure of control for the type of development that is desired for any given site, since the use of the PUD would require Council approval. This legislation was considered several years ago, but was not adopted. Recent development interest in the City (Emerson, Ithaca Gun, Carpenter Business Park) has offered the opportunity to once again explore this type of flexible zoning. Attached is the draft ordinance that was previously considered. If the committee is in agreement, staff will draft circulate the draft ordinance and return next month with any comments that are received. If you have any questions, feel free to contact me at 274-6410. BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby amended as follows: Section 1. Chapter 325, Section 325-3(B) of the Municipal Code of the City of Ithaca is hereby amended to add the following definition of a Planned Unit Development: Planned Unit Development - One or more lots, tracts, or parcels of land to be developed as a single entity, the plan for which may propose density or intensity transfers, density or intensity increase, mixing of land uses, or any combination thereof, and which may not correspond in lot size, bulk, or type of dwelling or building, use, density, intensity, lot coverage, parking, required common open space, or other standards to zoning use district requirements that are otherwise applicable to the area in which it is located. Section 2. Section 325-4 of the Municipal Code of the City of Ithaca entitled "Establishment of Districts" is hereby amended to insert the new PUD zoning district as follows: PUD Planned Unit Development Section 3. A new section 325-27 is inserted as follows: "§325-27. Planned Unit Development. A. Declaration of Legislative Authority and Purpose. This ordinance is enacted pursuant to the authority and provisions of the New York State General City Law to promote public health, safety and welfare and the most desirable use of land, to conserve the value of buildings, and to enhance the value and appearance of land throughout the city. This ordinance is also enacted pursuant to the authority and provisions of New York State General City Law §81-f, Planned Unit Development Zoning Districts, which was enacted by the State Legislature on July 29, 2003. The Common Council intends that this Ordinance: 1. Will permit flexibility in the application of land development regulations that will encourage innovative development and redevelopment for residential and nonresidential purposes so that a growing demand for housing and other development and land use may be met by variety in type, design, and layout of dwellings and other buildings and structures, including traditional neighborhood development and appropriate mixed-use. 2. Will permit flexibility in architectural design, placement, and clustering of buildings, provision of open space and circulation facilities, including pedestrian and bicycle facilities and parking, and related site and design considerations. 3. Will encourage the conservation of natural features, preservation of open space and critical and sensitive areas, and protection from natural hazards. 4. Will provide for efficient use of public facilities. 5. Will encourage and preserve opportunities for energy-efficient development and redevelopment. 6. Will promote attractive and functional environments for residential and nonresidential areas that are compatible with surrounding land use. B. The application of the Planned Unit Development ordinance to a proposed development: 1. Shall be sought by the owner of the property or properties, or shall be sought with the approval of the owner or owners of the property or properties, as demonstrated by submission to the City of Ithaca of a signed "Owner's Authorization" by the applicant; 2. Shall be limited to sites that are: a) Equal to or greater in land area than 60,000 square feet for sites without structures or b) Equal to or greater in land area than 20,000 square feet for sites with existing structures or for vacant sites that were previously developed. 3. Shall be consistent with and work towards the implementation of the City of Ithaca Comprehensive Plan, as amended from time to time. C. Application procedure; review by City staff and the Planning and Development Board. Whenever any Planned Unit Development is proposed, before any permit for the erection of a permanent building in such Planned Unit Development shall be granted, the developer or the developer's authorized agent shall apply for and secure approval of such Planned Unit Development in accordance with the following procedures: 1. Application for sketch plan approval. a) A pre-submission conference between the applicant and staff of the Department of Planning and Development may be held to discuss the proposal, outline the review procedure and required submissions and inform the applicant of minimum standards and potential city concerns of the conceptual project. b) The developer shall submit a sketch plan of the proposal to the Planning and Development Board. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information: i) The boundaries and included tax parcels in the proposed Planned Unit Development. ii) The location of the various uses and their areas in square feet. iii) The general outlines of the interior roadway system, including parking and service/delivery areas, and all existing rights-of-way and easements, whether public or private. iv) Delineation of the various residential areas indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (e.g., single-family detached, duplex, townhouse, garden apartments, etc.); and general description of the intended market structure (e.g. luxury, middle income, low and moderate income, elderly, family, student, etc.) plus a calculation of the residential density in dwelling units per gross acre (total area including roadways) for each such area. v) The interior open space system. vi) The overall drainage system. vii) If grades exceed 3% or portions of the site have a moderate to high susceptibility to erosion, flooding and/or ponding, a topographic map showing contour intervals of not more than five feet of elevation, or as may be reasonably required by the Planning & Development Board, along with an overlay outlining the above susceptible soil areas, if any. viii)Principal ties to the community at large with respect to transportation, water supply and sewage disposal. ix) General description of the provision of fire protection services. x) A map showing general location within the City of Ithaca (e.g., a City- wide map or a USGS quadrangle map highlighting the proposed development site would be acceptable). xi) A context map showing building footprints, uses and ownership of all properties within 200 feet of the boundaries of the proposed PUD site. 2. In addition, the following documentation shall accompany the sketch plan at the request of the Planning and Development Board: a) Evidence that the proposal is compatible with the goals of the City Comprehensive plan, as amended from time to time. b) A general statement as to how common open space is to be owned and maintained. c) If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan shall show the intended total project. d) Other plans, drawings or specifications as may be required for an understanding of the proposed development. 3. The Planning and Development Board shall hold a public hearing on the proposal within thirty-five (35) days of receipt of an application for sketch plan approval. Notice of the hearing shall be served by the city to the public at least ten (10) days before the date of such hearing, by means of a legal notice in the official newspaper of the City of Ithaca, and by the applicant to each owner of real estate within a distance of two hundred (200) feet from the exterior boundaries of the proposed PUD district by means of a letter addressed to the owner of record of such real estate delivered by first class mail. The applicant shall also post a public notice of the PUD proposal at the project site for a minimum of 10 days before the public hearing. This notice must remain in place at least until the Planning and Development Board has rendered its report on the application or until the 65 day period of review has expired (see #5 below). The notice shall specify the type and size of the development project; 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, an additional sign must be placed at or near the property line on any additional street frontage so that the sign will be plainly visible from the street on which it has such additional frontage. The costs of notification, including but not limited to publishing, posting and mailing costs, shall be paid by the applicant prior to the issuance of any building permit. 4. The Planning and Development Board shall review the sketch plan and its related documents and shall render either a favorable report to the Common Council or an unfavorable report to the applicant. a) A favorable report shall be based on the following findings which shall be included as part of the report: i) the proposal conforms to the Comprehensive Plan, as amended from time to time, and ii) the proposal meets the intent and objectives of a Planned Unit Development as expressed in Section 3(A) above and is a desirable way to regulate the development of the site, and iii) the proposal is conceptually sound in that it conforms to accepted design principles in the proposed functional roadway and pedestrian system, land use configurations, neighborhood context, open space system, drainage system and scale of the elements both absolutely and in relation to one another, and iv) there are adequate services and utilities available or proposed to be made available for the development. b) An unfavorable report shall state clearly the reasons therefore and, if appropriate, point out to the applicant what might be accomplished in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for PUD districting (an appeal) with the City Clerk, who shall notify the Mayor to bring the matter to the next Common Council meeting. 5. The Planning and Development Board shall submit its report within sixty-five (65) days of a submittal of a sketch plan application to the Department of Planning and Development. If no report has been rendered after sixty-five (65) days, the applicant may proceed as if a favorable report were given to Common Council. D. Application procedure; PUD zoning approval 1. Common Council shall receive a PUD report from the Planning and Development Board or an applicant's appeal at a duly convened Common Council meeting. Upon receipt of a favorable report from the Planning and Development Board, or upon an appeal from an unfavorable report, Common Council shall conduct a public hearing for the purpose of considering PUD districting for the applicant's plan, said public hearing to be held within 35 days of the receipt of a favorable report or an appeal from an unfavorable report. Notice of this hearing shall be served by the city to the public at least fifteen (15) days before the date of such hearing, by means of a legal notice in the official newspaper of the City of Ithaca. The public hearing shall be held by the Common Council in accordance with its own rules and General City Law §83. 2. Common Council shall refer the application to the Tompkins County Planning Department for its analysis and recommendation pursuant to the provisions of §239-1 and §239-m of the General Municipal Law, if applicable. Common Council shall give the Tompkins County Planning Department 30 days to render its report. 3. In considering an application for a Planned Unit Development district, Common Council shall comply with the provisions of the New York State Environmental Quality Review Act and the City of Ithaca Environmental Quality Review Ordinance. 4. In considering an application for a Planned Unit Development district, particularly as regards the intensity of land use, Common Council shall consider the following questions: a) What are the proposed land uses in the proposed location? b) Is the PUD a desirable way to regulate the development of the proposed site? c) What are the heights of buildings? How do building masses and locations compare to each other and to other structures in the vicinity? d) Are there available and adequate transportation systems within the PUD for pedestrians, bicycles, and motor vehicles, including transit? What is the impact on the external transportation network? e) What is the character of the neighborhood in which the PUD is being proposed? Are there safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general? f) How do the proposed open space and recreational systems function within the PUD and in relation to the City's overall open space and recreational systems? g) What is the general ability of the land to support the development, including such factors as slope, depth to bedrock, depth to water table and soil type? h) What potential impacts are there on environmental, historical, and architectural resources? Does the proposed PUD serve to protect these resources? i) What potential impacts are there on local government services? j) Is there available and adequate water service? k) Is there available and adequate sewer service? I) Other questions as may be deemed appropriate by the Common Council. 5. Within 45 days of the public hearing, Common Council shall render its decision on the application. Common Council shall state at this time its findings with respect to the questions listed in Section D (4) above and the land use intensity and/or dwelling unit density. Common Council may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not limited to: a) visual and acoustical screening b) land use combinations c) sequence of construction and/or occupancy d) circulation systems (vehicular, bicycle, and pedestrian), including parking and service/delivery areas e) the amount, location, and proposed use of common open space; f) the location and physical characteristics of the proposed Planned Unit Development; g) the location, design, type, height, and use of structures proposed; h) traditional neighborhood development provisions intended to ensure: i) The creation of compact neighborhoods oriented toward pedestrian activity and including an identifiable neighborhood center, commons or square; ii) a variety of housing types, jobs, shopping, services, and public facilities; iii) residences, shops, workplaces, and public buildings interwoven within the neighborhood, all within close proximity; iv) a pattern of interconnecting streets and blocks that encourages multiple routes from origins and destinations; v) a coordinated transportation system with appropriately designed facilities for pedestrians, bicyclists, public transit, and automotive vehicles; vi) preservation, restoration, and maintenance of historic buildings that physically express the history of the City of Ithaca unless it is shown that the building's condition prohibits preservation, restoration, renovation, or reuse; vii) natural features and undisturbed areas are incorporated into the open space of the neighborhood; viii)well-configured squares, greens, landscaped streets, and parks are woven into the pattern of the neighborhood; ix) public buildings, open spaces, and other visual features act as landmarks, symbols, and focal points for community identity; x) compatibility of buildings and other improvements as determined by their arrangement, bulk, form, character, and landscaping to establish a livable, harmonious, and diverse environment; and xi) public and private buildings that form a consistent, distinct edge, are oriented towards streets, and define the border between the public street space and the private block interior. E. Zoning for Planned Unit Development. If Common Council grants the PUD districting, by an ordinance duly adopted, the Zoning Map shall designate the proposed area as "Planned Unit Development (PUD) District Number The Common Council ordinance shall stand as the zoning requirements for the PUD district. F. Site Plan Review. Site plan approval for all Planned Unit Developments shall be obtained in accordance with Chapter 276 of the City Code, Site Plan Review. G. Regulation after PUD or Site Plan Approval. For the purposes of regulating development and use of property after PUD or Site Plan Approval, the approved final site plan shall serve in lieu of other provisions of this chapter as the use, space and bulk, yard, parking and other land use regulations applicable to the Planned Unit Development district. Any changes, other than use changes (see below), shall be processed as a change to an approved site plan, in accordance with §276-6 (C). In addition to the three possible determinations listed in §276-6, the Building Commissioner, in consultation with the Director of Planning and Development, may determine that the proposed changes are substantially different from the Planned Unit Development district approved by Common Council and that a new PUD application is required. Use changes shall also be in the form of a change to an approved site plan except that the Planning and Development Board shall have the opportunity to make a recommendation to Common Council and that Common Council approval shall be required. It shall be noted, however, that properties lying in Planned Unit Development districts are unique and shall be so considered by the Planning and Development Board or Common Council when evaluating these requests; maintenance of the intent and function of the planned unit shall be of primary importance. H. Expiration of permit. All permits shall become null and void, and the Zoning Map amendment revoked and restored to the zoning designation to which the district had been prior to the PUD application, if construction has not started within three (3) years of the date of final site plan approval. However, the applicant may petition the Planning and Development Board before the expiration date for an extension of no more than two (2) years. If the applicant can demonstrate substantial investment or reasonable progress towards construction to the Planning and Development Board, the extension shall not be unreasonably denied. Additional extensions may also be granted by the Planning & Development Board." Section 4. 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 5. Effective Date. This Ordinance shall take effect in accordance with law upon publication of notices as provided in the Ithaca City Charter. Section 3. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-3a to R-2c for the following tax parcels: 57.-3-1, 57.-3-2.2, 57.-3- 3, 57.-3-4, 74.-3-1, 74.-3-2, 74.-3-3, 74.-3-4, 74.-3-5, 74.-3-6, 74.-3-7, 74.-3-8, 74.-3-9, 74.-3-11, 74.-3-10, 74.-3-12, 74.-3-13,74.-3-14, 74.-3-15, and 77.-2-3. The boundaries of this amendment are shown on the map entitled "Proposed R-3aa, R- 2c, R-2b Zoning Amendment-July 2010," a copy of which shall be on file in the City Clerk's office. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Publish Date: September 17, 2010 A 1 J.R. Clairborne Chair, City Administration Committee City of Ithaca 108 East Green Street Ithaca,NY 14850 h July 25, 2012 b b Re: Community Gardens Scattered Sites Initiative-Proposal b 6 Dear J.R., IN Subsequent to meetings with the Mayor and the City Attorney, our Consultants and I h have had many discussions with members of the Ithaca Community on the topics of F Community Gardens, and the proposed development of Carpenter Business Park. Based on these interactions, our Consultant's legal research, and their research of 0 successful Community Gardens Initiatives in other cities,most notably Burlington Vermont and Portland Oregon, we have come to understand that there is a great demand, and that the expansion of Community Gardens programming in the city of Ithaca is long overdue. In development and investment, timing is everything and good will toward a community by developers is rare. The investors involved in the Carpenter Business Park project have demonstrated tremendous good will to this community by holding this property for over F ten years,in order to repel big-box and strip mall type development, and to reserve the land for a comprehensive master plan effort that targets the expansions of local businesses, and development of local equity through ownership of the new buildings. We continue to believe that the development of Ithaca's urban waterfront according to principles that involve excellent urban design,priority of local businesses for sites, and R community input in the planning process is a worthy and viable endeavor. A Comprehensively planned development of a beautiful and functional urban waterfront area is what this progressive and growing Ithaca community deserves. It is for all of these reasons that I am making a final attempt to reach accord with the City of Ithaca regarding these issues, and have been offering assistance to the City in the relocation of Project Growing Hope Inc., and for expansion of Community Gardens programming in the City of Ithaca via a Community Gardens Scattered Sites Initiative. Sincerely, Cyn ahn,Principal r Aeon Development, LLc cc:Joann Cornish,Mayor Myrick,Ari Lavine-City of Ithaca: y cc:Monika Roth,Cooperative Extension File:ADEV Legal CityOFlthaca CACommittee Handout July25 12 A Purpose These materials and tonight's presentation are intended to facilitate a mutual understanding between the City of Ithaca(City), and Building Links Inc. (BLI), and Aeon Development LLC(ADEV), whereby the City may receive assistance for a Community Gardens Scattered Sites Program, as the current Lease on the Carpenter Business Park Option parcels expires December 31, 2013. Anticipating this date, we desire to make it possible for Project Growing Hope Inc. not to miss a growing season, and we also see the opportunity to jump start an Initiative that makes a Community Gardens Program available to the entire Ithaca Community. To date we have engaged in the following activities: 1. Identification of Sites, Design Services, and Legal Research: We have P provided Landscape Architectural Design,Permaculture, Construction, and Legal Consultants and made them available to work with the City of Ithaca, and TC Cooperative Extension in order to identify a list of viable Community Gardens scattered sites. 2. Produced Sample Preliminary Site Designs. We have hosted Focus group sessions in order to refine sample designs for discussion, and to better understand what the community is looking for in a whole city version of rCommunity Gardens. 3. Engaged in research for Administrative Models: This research will enable the Consultants to advise or make suggestions as to a structure for administration of a Community Gardens Scattered Sites Program for the City of Ithaca. O & A R We have been hearing a repetition of certain questions from the community and so would like to take the opportunity to answer these here: Q: Can the existing Project Growing Hope Inc. Gardens co-exist with the proposed development of Carpenter Business Park? A: No. A big item in the scope of the engineering feasibility studies we undertook is the R underground containment of the high tension electric transmission lines that route entirely through the Option parcels (see attached photos) and then follow along the back of the CBP parcel. Investment in this contract is immensely expensive, and does not make sense to undertake if the Option parcels are not available to be included in the planning and development effort. These high tension lines are on huge,paired, wooden utility poles. The site as-is: because of the number of, and looming visibility of the poles and lines, what can be designed and what can be built if the Option parcels are not available is too limited - the site being too "industrial" in appearance, and the NYSEG casements that map to either side of the lines being so great(see attached NYSEG E Easements map) as to prohibit and restrict the square footage of developable land to a R F A A A minimum of one "big-box" site and one out-parcel with the inevitable sea of surface parking. (See attached Typical Big Box site Plan). Construction and use of the sea of h surface parking is permitted by NYSEG under the high tension lines. g Q: What happens if Project Growing Hope Inc. remains in the Carpenter Business Park Option parcels? p A: PGH Inc.'s expenses will increase dramatically: % ® Under a NYS mandate - PGH will be required to pay fair market rent for a prime commercial property,whose value indicators include high visibility and high traffic count from the NYS Rte 13 corridor. �► ® City of Ithaca water bills are expected to increase by 25%next year. PGH has A publicly stated that it uses most of its budget on water. In the past the city has assisted in paying PGH's water bills. This arrangement may not be possible in the future. ® PGH (may)be required to pay for its own liability insurance and to provide toilet FA facilities. hi the past the city has paid for PGH's insurance. This arrangement may not be possible in the future. Q: What is the city of Ithaca's position financially regarding Carpenter Business Park? A: The city of Ithaca constructed Carpenter Business Park, and invested heavily in the infrastructure of the parcels, fully expecting a return on its investment. When the Lb financial climate was unfavorable to the development of CBP, it entered into a 20 year A Lease with Project Growing Hope Inc., which has no renewal clause. If Carpenter Business Park is not developed to full potential, revenues to the city will be dramatically less. Q: Who is Building Links Inc. and who is Aeon Development? A: Building Links Inc. (BLI) is a not-for-profit organization that participates as a commercial land trust in concert with the planning and investment efforts of Aeon Development LLc, which is a"CDO" - Community Development Organization. Aeon Development is a consultant to BLI and to eight associated Ithaca based private real estate holding companies. The purpose and intent of all of these companies is to reserve R properties for dense, mixed-use, "urban" development in the underdeveloped areas of the West End of the City of Ithaca. Aeon Development has been engaged in this effort for fifteen years, and we have named this work The Ithaca Urban Waterfront Project. F Q: Is there time sensitivity to the resolution of the city's situation with regards to r Project Growing Hope Inc? t A: Yes. The investors and the Developer have no legal obligation to assist Project P Growing Hope or the City of Ithaca. With regards to timing of the development of Carpenter Business Park: it must be clearly understood at this time to all individuals and officials involved in this decision, that this investment group will not continue to pay a sizable mortgage and property taxes any longer on land that was purchased from the City t k: 1 1 if Ithaca, under a contract that included a later sale date for the remainder of the land from the City of Ithaca, if that land cannot be developed according to plans.The previously purchased land will be delivered to an agent for sale on the open market if an accord is not reached in time for development planning to progress this fall. Based on the evidence of interest from regional developers in this site for big-box and strip malls that we receive and rebuff monthly, it is obvious who the high bidder will be for this land. The investors will have no choice - no local business will be able to afford to pay a price ® that would reimburse the over ten years of holding costs and loss of income, not to mention the enormous amount of money invested in predevelopment soft-costs. Alternatively, under the proposed development plan, these costs are absorbed over an extended period of time through land sales to local businesses, and subsidezed by the developer. In order to reserve the land in Carpenter Business Park(CBP) for its critical role in a comprehensive planning effort that involves other neighboring parcels such as the Farmer's Market and other sites, an area we refer to in our planning documents as the ® "The Northside Waterfront", investment in the CBP parcel was established ten years ago in a purchase from the City of Ithaca by BLL Aeon Development has since completed a massive amount of research and pre-development work for this area, and we are now A ready to engage in the next stage of development work which will involve considerably ® more investment in engineering and architectural services, site work, and construction contracts. hi order to go forward with investment in this next stage, BLI must execute the Option to purchase the remaining Carpenter Business Park parcels that we were awarded A by the City of Ithaca at the time of the purchase of the main portion of CBP, so that all these parcels can be combined. Funding for comprehensive planning of the entire A Northside Waterfront and for a first phase of new construction is possible, only if we can demonstrate ownership of this large enough, contiguous parcel that allows for that actual first phase of construction. The Lease on the Option parcels is ending in one year& six % months. The time has come for the City to engage in productive arrangements to relocate the interests of PGH, expand Community Gardening to the entire city, and encourage and promote intelligently designed,beautiful, high-density, locally oriented, 21"century development. A A A A b A File:ADEV Legal CityOfrtbaca CACommittee Handout 7uly25 12 ,a i t +'r(r r• lM'y t r ` r . x . Olt 1 �e ex xarpK m'/Ilux(M.) N Ji415Y'L 1M1 � � �� N 3{HYJI"E 1.OY ti_ pp lit !B§ygp115 $ 1 F� HQa / a`� ggigR G � ___ _ JCI E H JLLYt1�i a t �y�$ S �R^s • O �ySR �w@ O 38 NII C b p YH amm' Y Z 6xDIX ed ` H mx 4 P 5 W l W ar4rJx^ py / 9 r •K99' NEW PORK STATE ROUTE 13 / / 9 Wag Py0 �� S IsY\'JQ� S SY03'L"W /Mm' trial � �•� � � �� ��� � �-.._ �i � �4�(6E�`�IUU�-fie_ '60 UPS i - i SITE LOCATION PLAN Vl\ G 6mm _ _ _ nofis MAI MR al R PARCELS ACCESS ROAD p/C - k wayao6a r Proposed - _ I AVAILABLE PARCEL 'A' AREA t 1.20 AC. / v„ Q 25,000 s.f. / m / 15 AVAILABLE / PARCEL 'B' AREA t 2.52 AC. a f fps p l § o N kr. / TIP'dWYOVGi WrN / IfTfl 0 I 8 / PARCEL V AREA t 5.02 AC. PARCEL 'C' AREA t 1.9 AC. ` 9 II1J1 �� 96LY --- : PROJECT PLAN ITHACA NEW YORK INNOVATIVE REALTY LEASING DEPARTMENT _ cenpxIc scAte 6495 TRANSIT ROAD BUFFALO, NEW YORK 14026 1 ®; 7 i 6-6849000(PHONE) -6... 716-684.9098(FAV �r, t♦ 7F �' sF�I L' + i 1 � � �. .i. �' 1 +� f� � •B Y�l�\S 4�•.�++ ,R PIi�T Vp , .M1F. �! T i Y i` ! r� ♦ t .R<.,�� _ �. '�,> . ♦ ;` tea, ..1 c- .:r• y ; NMI I _ j 1f. Z' a __ �• ''s Y�I I �® �}, � � 4 � ' 6� r�•i ,.��� T `f° } f .(;'•'I �y 'Sf -i',.. ` O . 1i♦F 1�1::;' . 71 N � • '1 t •,� ` � I � �' i.� � solo }tip IMA � a filth Size comparison: current Ithaca Community Gardens site on Carpenter Street and proposed new site on City of Ithaca parcel adjacent to Cass Park and Ithaca Childrens' Garden. ► IN r- - -' :pTO �'�:` mom omm MEMO El Al lillillIq -� LEGAL NOTICE NOTICE IS HEREBY GIVEN That the Common. Council of the City of Ithaca, New York , at a Regular Meeting July lo , 1985 , passed the following Ordinance Amendment : ORDINANCE NO . 85-6 AN ORDINANCE TO AMEND SECTION 30 . 3 , DEFINITIONS; SECTION 30 . 25, DISTRICT REGULATIONS CHART; AND SUBDIVISION C OF SECTION 30. 26 , STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMIT, OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by thecOmmOn. Council of the City of Ithaca, N. Y. , as follows : SECTION 1 . Amending 030 . 3 That 030 . 3 is hereby amended by adding thereto the following definition: 100 . "Community or.-Neighborhood Garden" shall 'mean .an area used by several individuals or families , operating in association with each other or under sponsorship by a non-profit or voluntary organ- ization, for seasonal production of vegetables and other .gaxden produce for home consumption by the individuals or families directly engaged in such production. " SECTION 2 . Amending 830 . 25 That 830 . 25 is hereby amended as follows : Add to Col . 2 under R-1 : "10 . Community or Neighborhood Garden. " Revise item 5 , Col . 2 , under R- 2 , to read: "5 . Uses 7,10 under R-l . t' Revise item 13, Col . 2 under R-3 to read: "13 . Uses 7, 8 and 10 under R-1 . " Revise item 10 , Col . 2 , under R-U to read: "10 . _ Uses 7<10 under R-1 . " SECTION 3 . Amending Subdivision C of 830 . 26 That Subdivision C of 830 . 26 is hereby amended by adding thereto the following: To C. I . add: M. Community or neighborhood gardens in all districts . To CA. add: Community or neighborhood gardens , in all districts : a. Applicants shall provide evidence of approval for such use from the owner of the property on which the gardens are to be located. b. Applications shall provide evidence that the area to be used will at all times be operated in a responsible manner, so as not to present a nuisance to or interfere with the use and enjoyment of neighboring private or public property. Such evidence sha.l.l designate at least one responsible adult, who shall be a participant in the gardening, a representative of the sponsoring organization, or the owner of the subject property, to administer or coordinate the operation and to act as contact person therefor. Applications shall be sub- mitted in writing to the Building Commissioner, and shall include the name, address , and phone number(s) of the contact person; a description of the refuse disposal procedure to be followed, and of the intended use of organic materials , chemical fertilizers , herbi- cides and pesticides ; and a site plan showing the proposed locations of all features of the site, including access point (s) and any of t:be required parking spaces that may be located on adjacent property. C. Applicants , or the administrator/coordinator of the garden area, shall insure that the gardening activity on individual plots is confined to the hours 7 a.m. - 1Q p .m. , except that power machinery shall not be operated before 8 a.m. or after. 8 p.m. ; that all organic refuse and trash from the gardening operations is promptly and properly disposed of on at least a weekly basis, and that pending disposition it is stored neatly in such a way that it does not produce offensive odors or attract dogs , raccoons or vermin; that power or motorized machinery used in preparing and maintaining individual plots is no larger than that normally used in connection with home gardening, e .g . , a typical walk-behind roto- tiller ; that farm tractors or other heavy machinery are not employed on the site except for initial site development and for annual spring preparation and fall cleanup, if necessary, and in those instances shall be operated only between 8 a.m. and 6 p.m. weekdays ; that mulch, compost or organic fertilizer employed in the gardening is confined to the site in a neat and orderly manner, and that no fresh manure shall be used or composted; that noxious fertilizers or noxious chemicals employed in the gardening are used only with the know- ledge and consent of all gardeners using the site, all adjoining property owners and, in the event that adjoining properties are rental residential properties , with the knowledge and consent of the head of each tenant household; that no flammable liquids will be stored on the site ; that noise and odors produced in 3 connection with the gardening acti_vi.ty will be no greater than those normally associated with home gardening; that City residents of the area nearest the site will be given opportunity to obtain plots in the allocation of plots on a first priority basis ; that other City residents will be given opportunity to obtain plots in the allocation of plots on a. second priority basis ; that unused portions of the site will be maintained in a neat acid orderly manner at all times ; and that at the end. of each gardening season or within 30 days of revocation of permit, whichever occurs first , the entire site will be cleaned and left with a neat appearance . In addition, the applicable portions of 830 .32(A) and (C) shaLl. be observed. d. In consideration of the fact that such gardens may be of an interim nature , may occupy only a portion of a parcel , and may be located on property unsuited for other uses permitted under. this Ordinance, the District Regulations specified for permitted uses under. 830 . 25 of this Chapter shall be superseded where applicable by the following regulations for Community or Neighbor- hood gardens : (1) Minimum lot size: none (2) Width in feet at street line: none required; however, sites lacking street frontage shall be accessible to vehicles and pedestrians via a right-of-way of at least 8 ' in width. (3) Structures permitted: no structures for human habitation or occupancy shall be permitted except for a weather shelter for gardeners , which may have a maximum floor area of 64 sq . ft. A light accessory structure for storage of gardening equipment and materials for plant propagation, with a maximum floor area of 64 sq . ft . may be erected separately or attached to the weather. shelter. If necessary, a well housing structure for the production of water for garden use may be erected with permission of the owner of the site . (4) Parking and loading space : at least one off-street space on or immediately adjacent to the site shall be provided for the use of the gardeners , for each fifteen (15) individual garden plots on the site , or portion thereof. -4- (5) Yard setbacks shall not be required, except that the provision of 830 . 34B and C. and 830 . 42 of this Chapter shall. apply to any plantings , fences or accessory structures on the site . e. Before hearing the application, the Board must have written response oil the proposal from a majority of those notified by the applicant as required in the procedures set forth in 830 . 58 . This response, together with any other written comment received by the Board. before the hearing, as well as that comment expressed at the public hearing, with primary consideration given the wishes of residents living within 200 feet of the Property, should be a principal factor in the Board's decision to grant or deny the special. permit . f< In granting a special permit for community or neighbor- hood gardens , the Board may prescribe any conditions that it deems necessary or desirable, including, but not limited to, additional off street parking spaces , so that the spirit of this Chapter shall be observed, public safety and welfare secured, and substantial justice done. g. Special permits for neighborhood and community gardens shall be reviewed by the Building Commissioner at least annually for compliance with this Section and with any conditions established by the Board. If, following such review, or investigation of any complaint, the Building Commissioner determines that substantial violation exists , notice of such violation shall be mailed to the contact person designated in accordance with item 4 .b . above, requiring that such violation be corrected within fifteen (15) days . If satisfactory correction is not made, the permit may be revoked by the Building Commissioner. Appeals to such revocation shall be made to the Board as provided in 830 . 58 of this Chapter. h. Special permits for neighborhood and community gardens shall be revoked automatically if the site is not used as a "community or neighborhood garden", as that term is defined in 830 . 3 (100) , for one complete garden season. SECTION 4. Effective Date This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in 83. 11 (b) of the Ithaca City Charter, By Authority of the Common Council of the City of Ithaca , New York July 24 , 1985 Joseph A. Rundle , City Clerk