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HomeMy WebLinkAboutMN-PLED-2014-11-12Minutes Approved at February 11, 2015 P&EDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, November 12, 2014 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ellen McCollister, Cynthia Brock, and Josephine Martell Committee Members Absent: Mayor Svante Myrick Other Elected Officials Attending: Alderperson George McGonigal Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Megan Wilson, Planner, Department of Planning, Building, Zoning, and Economic Development; Jennifer Kusznir, Senior Planner, Department of Planning, Building, Zoning, and Economic Development and Nels Bohn, Director, Ithaca Urban Renewal Agency (IURA); Ari Lavine, City Attorney, Tom West, City of Ithaca Engineering Department, Addisu Gebre, City of Ithaca Engineering Department; and Debbie Grunder, Executive Assistant, Department of Planning, Building, Zoning, and Economic Development Others Attending: Noah Demarest, Rob Steuteville, and C.J. Randall Chair Seph Murtagh called the meeting to order at 6:03 p.m. 1) Call to Order/Agenda Review There were no changes made to the agenda. 2) Public Comment and Response from Committee Members Lucinda Winstead, 1011 West Seneca Street, owner of Ithaca Grain and Pet Supply spoke on the Brindley Street Bridge Replacement. The front entrance to their store is from Brindley Street. She’s been concerned about the construction of the new bridge which will eliminate the street going by their store. She stated Minutes Approved at February 11, 2015 P&EDC Meeting that it looks likely that the bridge will be removed and we will lose the road, she asked that their front entrance be preserved. The only way the tractor trailers can make their deliveries which are up to six a week is through our front entrance. Walter Hang, 218 Wait Avenue, spoke against the Cornell Heights Rezoning. Simon Wheeler, 218 East Fall Street, spoke on the amendments of the City Noise Ordinance. He lives 100 ft. from the back side of a music studio which he can hear the music and the bass from inside his home with the windows closed. The noise ordinance is no way alleviates that. He would like to see the change in the issuing of noise permits. He is concerned that noise permits can be issued for multiple dates. The form currently being used is the same form that has been used from several years which allow open-ended permits. He would like to see a limit to the dates a permit is issued for. Fay Gougakis, 171 East State Street, spoke on the Noise Ordinance amendments. She stated she has complained about this issue to no avail. There are so many people in the community that are subject to bar music. Nothing is being done. She proposed that this ordinance not be passed tonight and go back to the drawing board. Alderperson Martel read into the record an email from which is attached to these minutes. 3) Special Order of Business a) Presentation – Ithaca Form Based Code Initiative Project organizers Rob Steuteville, Noah Demarest, and C.J. Randall presented to the Committee their presentation of the future Ithaca Form Based Code. Rob Steuteville, Executive Director, stated their mission is to deliver an effective form-based code to the City and the Town with strong stake holder support. The project is funded by NYSERDA. We are administering the grant and we are non- profit within the Town of Ithaca. Katie Stoner is our outreach coordinator and partners Noah Demarest and C.J. Randall. The City and Town have also added a local match to this, which is required by NYSERDA. A number of consultants were brought on board to help with this project. Alderperson Brock asked for further information as to how this came about. This is her third year on Council and doesn’t recall Council participation in terms of the proposal for the grant or understanding what the commitment is on the behalf of the City is. What will the City’s role be? What is the commitment of the City in terms of adopting a form based code? Has the discussion been had on a Council level or did this happen in another level that she wasn’t aware of? C.J. Randall stated that last year NYSERDA released an RFP. She follows NYSERDA rather viciously on line. When this RFP was released offering comprehensive planning and zoning opportunity it seemed like an incredible way Minutes Approved at February 11, 2015 P&EDC Meeting to be able to leverage so much talent for the City for essentially a value price. With the Mayor’s support and the Town Supervisor, the grant was put together that laid out a lot of these ideas that we had. It is state of the art in planning. Thinking about how State environmental quality review and greenhouse gas emissions and land use come together is she believes the forefront of not just great planning but becoming a real leader in climate change and local governments. She examined at length all the Town, City, and County plans that govern this area. It seemed an incredible opportunity that couldn’t be passed up. Alderperson McCollister stated she is a huge enthusiast of form based code and is very happy in many respects that the group is going in this direction, but cautioned the group that Council is the legislative body. It is not the Mayor. Often times the Mayor has a number of very good ideas, but when we talk about whose going to do the work, those of us on Planning Committee are much more sensitive to the work load of the Planning Department and we have a comp plan and many other initiatives that take up an enormous amount of time and have taken way longer than anticipated. McCollister voiced a word of caution that there is some concern that the initiatives you are taking are a little bit of a smokescreen to force more density in places where people may not find it desirable. On a more positive note, we are seeing some form based code in places that are right near the City for instance the Belle Sherman Cottages Project. Noah Demarest responded to Alderperson McCollister’s comments as to the amount of staff time involved. All that the staff has done so far is considered as “match in kind.” Rob Steuteville stated that they are not trying to force this type of code in any area of the city. There are many options. The City can take parts of it and not take any of it. Alderperson Brock stated since this is the first time this is introduced to Council, does not mean that it is a done deal. Alderperson Kerslick stated he is not in favor of a full form base code throughout the City. The comprehensive plan must be considered first. Chair Murtagh stated that he’s on board with this, but we must be mindful of the amount of time this will take for the Planning Department. JoAnn Cornish stated she did have a discussion with the consultant team. Rob Steuteville reached out to her to try to have this discussion between the two of them but it was decided that it would be best to wait after this meeting in order to hear the input from the Common Council members. The Council members understand how thin and overworked the staff is and how much time realistically we can devote to this. Alderperson Brock found it interesting while attending the presentation at the library and listened to the presentation by the planners who had gone through this in Buffalo. They talked about lessons learned and education, what to incorporate and how to reach out to residential neighborhoods. They themselves Minutes Approved at February 11, 2015 P&EDC Meeting described themselves described that this was one of the hiccups they had through their experience and Buffalo itself has only 2 to 3 percent of the City is single family homes. Ithaca is significantly higher proportioned of its city is one- and two family neighborhoods. This is where we are going to see the hesitation in how it impacts those one- and two family neighborhoods throughout the City. Chair Murtagh stated we are in a unique situation where we have already done some zoning changes almost in anticipation of where we are headed with the comprehensive plan. We will see that tonight with Cornell Heights. He thinks that once the comprehensive plan in completed; we will then take a close look at zoning throughout the City. It is possible that ideas that are presented from this initiative will be very useful. He reiterated where we are with our expectations. 4) Announcements, Updates, and Reports a) Comprehensive Plan Megan Wilson provided the group with an update of the Comprehensive Plan. The committee has been focused on the plan chapter by chapter and has finished five of the seven chapters. Each chapter will be looked at separately and the entire plan will be adopted as a whole. Public information sessions will be set up. An identity (or design) of the plan has also been looked at. A draft of the design will be received shortly. She further stated that the Comp Plan committee meets monthly and welcomed any interested in attending should do so. The Comprehensive Plan will be presented to Council for adoption. The committee will make a recommendation to the Planning Board who will provide their comments and approval to the Planning Committee then to Council for adoption. Alderperson McCollister questioned whether amendments to a comprehensive plan should take this long. Megan Wilson stated that things have slowed up due to problems with the consultants, etc. Alderperson McGonigal asked whether the public has had a big input with the re-writing of the plan and asked whether these chapters are available for review. b) City of Ithaca Community Investment Incentive Tax Abatement Program (CIITAP) Review Chair Murtagh stated the committee was planning on discussing the history of the CIITAP, but due to the size of the agenda, that discussion will take place at the next meeting. Jennifer Kusznir, Senior Economic Planner provided the Committee with a CIITAP update on the two (2) CIITAP applications that have been received in the past few months Minutes Approved at February 11, 2015 P&EDC Meeting namely 130 Clinton Street and the Carey Building. This memo is attached to these minutes. 5) Action Items – Voting to Send on to Council a) PAC Mural – Dryden Road Garage Moved by Alderperson McCollister as amended; seconded by Alderperson Brock. Carried unanimously. Resolution to Select Artwork for the Dryden Road Parking Garage Mural Project WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art by resolution on May 19, 2010, and the City’s Dryden Road Parking Garage was added to this list of approved locations by the Board on July 14, 2014, and WHEREAS, the City’s Parking Division has requested that the PAC seek multiple murals for the Dryden Road Parking Garage to enliven dark areas within the garage while also deterring graffiti and reducing ongoing maintenance costs, and WHEREAS, the PAC issued a Call for Proposals in August 2014 and received 18 submissions for the project, and WHEREAS, the PAC reviewed all of the submissions at its meetings on September 24, 2014 and October 22, 2014 and voted to recommend that the Common Council select the artwork submitted by nine artists, as shown in “Dryden Road Parking Garage – Recommended Mural Proposals,” to be installed on walls within the Dryden Road Parking Garage, and WHEREAS, the murals will be visible primarily to those within the parking garage, but the selected proposals have been distributed for public comment, and WHEREAS, the project will include nine murals and will receive one-time funding through the Parking Division’s existing 2014 budget, in a total amount not to exceed $5,875; now, therefore, be it RESOLVED, that the City of Ithaca Common Council selects the submissions of the following artists for the Dryden Road Parking Garage Mural Project, as recommended by the Public Art Commission: Dan Burgevin, Kellie Cox-Brady, Aindriais Dolan, the Junior Youth Group, Steav Kim, Eric Lindstrom, Kurt Piller, Margaret Reed, and Nate Waterman; and be it further RESOLVED, that the selected artists may proceed with the installation of their murals at their assigned locations within the Dryden Road Parking Garage upon the execution of an agreement with the City (as reviewed by the City Attorney). Minutes Approved at February 11, 2015 P&EDC Meeting b) Amendment to Mural Approval Process Resolution to Amend the Approval Process for Murals on City Property Alderperson McCollister asked how does research show that the use of art reduces the amount of graffiti that does. Parking Supervisor Frank Nagy stated that in his experience that most individuals will not deface someone else’s art work. Alderperson Kerslick questioned why the parking division budget is funding this mural project. Mr. Nagy and Ms. Wilson both stated that there are additional funds in the parking budget this year, and it’s not known whether this can continue. Nagy stated that in his painting over the graffiti in the garage costs money just as the mural project does. Alderperson Brock had reservations with this. Megan Wilson explained the process to the group. Alderperson McCollister agreed with Alderperson Brock that there really should be that extra step. It was also mentioned that if the approval stops here, only half of Council is voting on fiduciary budget items. Moved by Alderperson Kerslick; seconded by Alderperson McCollister. Failed unanimously. This is will not go on the Council. WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the PAC’s Mural and Street Art Program has been very successful and has resulted in the creation of more than 50 murals, including two phases of the 21 Boxes project, and WHEREAS, the PAC is an advisory commission to the Common Council and among other responsibilities, recommends pieces of public art for final approval by the Common Council, and WHEREAS, prior to making a recommendation to the Common Council, the PAC carefully evaluates each mural proposal and seeks public comment to inform its decision, and Minutes Approved at February 11, 2015 P&EDC Meeting WHEREAS, in an effort to streamline the process, the PAC has requested that Common Council consider amending the approval process for murals to allow final approval to occur at the committee level; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby amends the approval process for murals on City-owned property to allow the Planning & Economic Development Committee to grant final approval of murals, and be it further RESOLVED, that the Public Art Commission will continue to follow its established review process of mural proposals prior to making a recommendation to the Planning & Economic Development Committee. . a) Brindley Street Bright Replacement After an extensive discussion, Chair Murtagh asked whether we wanted to move forward with the resolution before the Committee. If asked if the project was delayed a month, what impact would that have? Tom West stated they understand it is a big decision. They are trying to get the work done of Brindley in order to be prepared if we are unable to get Brindley onto the TIP, they would be prepared to follow through on Cecil Malone for 2018. A month in that prolonged schedule is a plus or minus. It is a large and long design process for Cecil Malone. It will have an effect if you wish more time in order collect more information, but it won’t doom the project. Chair Murtagh turned to the Committee members asking if they want to move forward tonight with this. Alderperson McCollister speaking for herself stated she isn’t prepared given the magnitude of information and the decision weighing pros and cons, she is not prepared to tie the City budget shift to Alternative 2 despite what the Planning Board and the Board of Public Works has said. She probably won’t vote for it. Alderperson Kerslick also feels very hesitant for a number of reasons and not because of all the work you’ve done already, but because he is not clear on some things. He asked for clarification of access to the back of the Ithaca Grain and Pet Supply. In neither of these alternatives, is the access to the back of that building affected? Is that right? The answer to that question is yes. Kerslick continued to state that his concern in the alternatives nothing states what will be done with the existing bridge. He is not comfortable adding another bridge. He does not see the need to maintain another bridge. He would also like clarification of the actual capital project total. Chair Murtagh stated that it seems that the Committee is more inclined to choose Alternative 1. What he is hearing is support for this bridge being rebuilt. What it comes down to is the choice between rebuilding the bridge where it is or moving it and then having this whole other infrastructure rebuilt that could be very costly to the City. Minutes Approved at February 11, 2015 P&EDC Meeting It was agreed more information will be gathered and presented to the Committee for further review. Brindley Street Bridge Rehabilitation Project Design Alternative Decision- Resolution WHEREAS, the existing Brindley Street Bridge (“the Bridge ”) is a single span, single lane multiple steel girder bridge carrying Brindley Street over the Cayuga Inlet, and WHEREAS, the Bridge has been posted for a 20 ton weight limit and has a condition rating of 3.9 out of 7,and WHEREAS, currently, the City of Ithaca and project consultant (Delta Engineers, Architects, & Land Surveyors, P.C.) are working on Brindley Street Bridge Replacement Project (“the Project”) ,and WHEREAS, the project involves the replacement of the Brindley Street Bridge with two lane structure with additional accommodations for bicyclists and pedestrians including necessary approach and intersection improvement, and WHEREAS, the City of Ithaca established Capital Project #764 in the amount of $205,000 to cover scoping and development phases of the project, and WHEREAS, two possible alternatives for the replacement of this bridge are being considered: Bridge Alternative 1,which includes replacement of the bridge in its existing alignment and Bridge Alternative 2,which would include the construction of new roadway and bridge on a relocated horizontal alignment that would connect Taber Street with the West State Street/Taughnnock Boulevard intersection, and WHEREAS, the alternatives for reconstruction of the Brindley Street Bridge were presented to the City Planning Board on September 23, 2014, and WHEREAS, the Planning Board prepared a memo in support of Bridge Alternative 2, which would realign the bridge with Taughannock Boulevard, stating that this would improve a problematic intersection, and WHEREAS, the alternatives for reconstruction of the Brindley Street Bridge were presented to the City Board of Public Works on September 22, 2014, and Minutes Approved at February 11, 2015 P&EDC Meeting WHEREAS, on October 6,2014, the Board of Public Works voted on a resolution in support of Bridge Alternative 2, which would realign the bridge with Taughannock Boulevard, and WHEREAS, Taughannock Boulevard Extension Project was included in “Six Point Traffic Plan” (City of Ithaca,2001) and recommended as an alternative which has the greatest potential for helping to mitigate traffic impacts on neighborhoods south of the creek, and therefore be it further RESOLVED, that the Common Council hereby accepts the recommendation of both the Board of Public Works and Planning Board to proceed with developing a design for Brindley Bridge Alternative 2, which includes the construction of a new roadway and a new bridge on a relocated horizontal alignment, and be it further RESOLVED, that the Common Council here by authorizes the Superintendent of Public Works to proceed with the design of Brindley Street Bridge replacement on relocated horizontal and new roadway construction (Bridge Alternative 2). Minutes Approved at February 11, 2015 P&EDC Meeting b) Noise Ordinance Reform An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 240, Entitled “Noise,” in Order to Incorporate Decibel Standards ORDINANCE __-2014 Moved by Alderperson Kerslick; seconded by Alderperson McCollister WHEREAS, the City’s noise ordinance has long contained a useful, subjective standard for identifying unreasonable noise; and WHEREAS, that subjective standard continues to be applicable to many of the noise determinations made by the City; and WHEREAS, certain other noise determinations have posed difficult determinations for the City that could be better resolved under an objective decibel-based standard for identifying unreasonable noise; and WHEREAS, the City retained an outside consultant to assist in the drafting of a noise ordinance which, as presented herein, retains the subjective standard and supplements it with an objective standard; and WHEREAS, it is the intent of the Common Council that the subjective standard herein be more commonly applied by the City, and in particular its police officers, in the first instance, but that said officers may select to employ the objective standard herein in the first or subsequent instance, as in their judgment appropriate to a particular situation; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that, despite the continuing utility of the City’s subjective standard for identifying unreasonable noise, certain noise determinations, and particularly those situations of an ongoing or repetitive nature, may be better resolved under an objective decibel- based standard for identifying unreasonable noise. Section 2. Amendment. Chapter 240 of the Municipal Code of the City of Ithaca shall be amended in its entirety so as to read as follows: § 240-1Title. This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance." § 240-2Purpose. The purpose of this chapter is to preserve the public health, peace, welfare and good order by suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use and which are detrimental to the environment. It is also the purpose of this chapter to allow all residents of the City to coexist harmoniously in a manner which is mutually respectful of the interests, rights and obligations of all persons. § 240-3Definitions. [Amended 9-1-2004 by Ord. No. 2004-14] Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: Minutes Approved at February 11, 2015 P&EDC Meeting ANSI The American National Standards Institute or its successor bodies. A-WEIGHTED SOUND LEVEL The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated "dBA". All references to "decibel" shall be presumed to mean "dBA" unless otherwise specified. COMMERCIAL USE PROPERTY Any premises containing businesses where sales, offices, professional services, or other commercial use is legally permitted. CONTINUOUS SOUND Any sound that is not impulse sound. DAYTIME HOURS The hours between 7:30 a.m. and 10:00 p.m., local time, on any day. dBA The A-weighted sound level in decibels. DECIBEL A unit for measuring the volume of a sound, equal to the logarithm of the ratio of the sound pressure of the sound to the sound pressure of a standard sound (0.0002 microbar); abbreviated "dB." EMERGENCY WORK Work made necessary to restore property to a safe condition following a public calamity or work necessary to protect persons or property from an imminent exposure to danger. IMPULSIVE SOUND A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay. INDUSTRIAL USE PROPERTY Any premises engaged in the manufacturing, processing, production, or shipping, of equipment or materials, including storage yards, shall be considered industrial use, where legally permitted. MOTOR VEHICLES Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and any other vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. MULTI-USE PROPERTY Any distinct parcel of land that is used for more than one category of activity (e.g., commercial and residential). NIGHTTIME HOURS The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the following day. Minutes Approved at February 11, 2015 P&EDC Meeting PERSON Includes the singular and plural and also any individual; any property owner and/or lessee; any firm; a corporation; a political subdivision; a government agency, including any agency of the City of Ithaca; an association or an organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof; or any legal entity whatsoever. REAL PROPERTY LINE Means either (a) the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; (b) the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or (c) on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the properties on which different categories of activity are being performed. RESIDENTIAL USE PROPERTY Any property used for human habitation, unless habitation is a condition of employment, including, but not limited to: 1. Private property used for human habitation; 2. Commercial living accommodations and commercial property used for human habitation; 3. Recreational and entertainment property used for human habitation; 4. Community service property used for human habitation. SOUND-AMPLIFYING EQUIPMENT Any machine or device for the amplification of the human voice, instrumental music or any other sound. As used in this chapter, "sound-amplifying equipment" shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes or authorized fire horns or other authorized emergency alarms. SOUND-LEVEL METER An instrument that conforms to ANSI S1.4-1983 or its successors. SOUND SOURCE Any person or thing from which sound is created. UNREASONABLE NOISE A level of sound that is injurious or annoying or disturbing to be heard. § 240-4Unreasonable noise prohibited. [Amended 8-4-2004 by Ord. No. 2004-12] A. No person shall cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. B. Minutes Approved at February 11, 2015 P&EDC Meeting For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following: (1) The intensity or volume of the noise. (2) Whether the nature of the noise is usual or unusual. (3) Whether the origin of the noise is associated with nature or human-made activity. (4) The intensity of the background noise, if any. (5) The proximity of the noise to sleeping facilities. (6) The nature and the zoning district of the area within which the noise emanates and of the area within 500 feet of the source of the sound. (7) The time of the day or night the noise occurs. (8) The time duration of the noise. (9) Whether the sound source is temporary. (10) The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise. C. This section shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. D. "Person" defined. For the purposes of this section: (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. § 240-5Purpose of article. Minutes Approved at February 11, 2015 P&EDC Meeting The provisions of this Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this article shall not be interpreted to prevent the issuance of permits pursuant to § 240- 14 that will authorize particular sound sources. § 240-6Radios, television sets and similar sound-amplifying devices. Devices for sound amplification, production and reproduction. A. It shall be unlawful for any person anywhere in the City to use or to operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety or members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13] B. "Person" defined. For the purposes of this section: [Added 8-4-2004 by Ord. No. 2004-12] (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. § 240-7 Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13] B. For the purposes of this section, a "person in charge of a party or other social event": [Amended 9-1-2004 by Ord. No. 2004-13] (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2) Minutes Approved at February 11, 2015 P&EDC Meeting That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. C. For any violation of this section where beer is being served from a keg on the premises, the person to whom the keg is registered shall be presumed to be responsible for the violation, in addition to any person designated in Subsection A or B above. § 240-8 Maximum Permissible Sound Levels. In addition to prohibitions set forth elsewhere in this chapter, the following general prohibitions regarding sound levels shall apply in determining unreasonable noise: A. No person shall operate or cause to be operated any source of sound from any use occupancy in such a manner as to create a sound level which exceeds the limits set forth in the receiving use occupancy category in Table I, when measured at or within the real property line of the receiving property. (1) Continuous Sound The limit in Table I may not be exceeded by any sound source during any three or more sampling intervals the duration of which shall be no less than one half minute, within any one hour period. If the total duration of the sound under investigation is less than one and one half minute, the requirement for a minimum of three measurements shall be waived. Minutes Approved at February 11, 2015 P&EDC Meeting TABLE I MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS BY RECEIVING LAND USE dBA Residential1 7:00 a.m. - 10:00 p.m. Residential2 7:00 a.m. - 10:00 p.m. All Residential 10:00 p.m. –7:00 a.m. Commercial 24 hours Industrial 24 hours OUTDOORS 60 65 50 65 75 INDOORS3 50 55 40 55 65 1. Residential receptor not within a commercial or industrial zone, or within 200 feet of such a zone. 2. Residential receptor within a commercial or industrial zone, or within 200 feet of such a zone, including but not limited to those zones designated CBD, Waterfront, B, WDEZ, and Industrial. 3. The indoor permissible sound level limits only apply if the sound source is on or within the same property as the receiving property, as in the case of a multi-dwelling unit building or a multi- use property (e.g., sound generated within a commercial unit of a multi-use property building and received within a residential unit of the same building). In addition, indoor measurements shall be taken if the property line between the receiving property and the source property is a common wall, floor or ceiling (2) Impulsive Sound: No person shall make, cause, allow or permit the operation of any impulsive source of sound within any and all property in the city which has a maximum sound pressure level in excess of eighty (80) dBA, when measured at or within the real property line of the receiver. If an impulsive sound is the result of the normal operation of an industrial or commercial facility and occurs more frequently than four (4) times in any hour the levels set forth in Table I shall apply. B. Sources of Sound on Ithaca Primary Commons or Any City Park In addition to those specific prohibition set forth in Table I of this Section, no person shall make, cause, allow, or permit any source of sound on the Ithaca Primary Commons or any city park that exceeds 70 dBA during daytime hours and 60 dBA during nighttime hours when measured at a distance of 25 feet or more from the source. C. Commercial establishments serving alcohol or food, or presenting live or recorded musical performances In addition to those specific prohibitions set forth in Table I of this Section, commercial establishments such as bars, restaurants, cabarets, or performance venues shall conform to the following standards: (1) There shall be no sound production device on the exterior of the establishment or inside the establishment at a distance of less than ten feet to an open door or window towards which it is oriented, without a permit. (2) There shall be no outdoor gaming devices. § 240-9 Other Prohibited Acts A. Unamplified human voice. (1) No person shall make, continue, or cause to be made or continued, any unreasonable noise by use of the unamplified human voice. The unamplified human voice engaged at conversational levels shall be exempt from this provision if such sound is not plainly audible beyond 100 feet or does not infringe on the legitimate rights of others. Raised vocal effort, such as shouting, yelling or screaming, with intent to cause Minutes Approved at February 11, 2015 P&EDC Meeting public inconvenience, annoyance or alarm or recklessly causing a risk thereof or that serves no legitimate purpose, when audible at distances greater than 100 feet, is prima facie evidence of a violation of this provision. This shall not apply to spontaneous utterances such as laughter, exclamations of warning, or sporting events. (2) It shall be unlawful for any person to advertise, promote or sell anything by outcry within any area of the City zoned for residential uses, including all R and CR zones. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events. § 240-9 B. Machinery. It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined in § 240-4 of this chapter. In making such determination with respect to the matters governed by this section, additional factors to be considered shall include: A. (1) The necessity of the work being done. B. (2) The ability of the creator of the noise to minimize or reduce the amount of noise created or to otherwise minimize its adverse effects. § 240-10 C. Construction during nighttime hours. A. (1) Except for the purposes specified in Subsection B hereunder, during nighttime hours it shall be unlawful for any person within a residential zone or within 500 feet of a residential zone to operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to create noise. Any designated official of the City of Ithaca shall give a verbal warning that the violation exists and of the penalties that may result if the violation continues. B. (2) This section shall not be deemed to prohibit: (1) a. Work of an emergency nature. (2) b. Work of a domestic nature on buildings, structures or projects being undertaken by a person(s) residing in such premises; provided that, if any domestic power tool, including but not limited to mechanically powered saws, sanders, grinders and lawn and garden tools used outdoors, is operated during the nighttime hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at 25 feet or more from the source of the sound. Minutes Approved at February 11, 2015 P&EDC Meeting § 240-10. Motor Vehicles A. No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of-way. B. No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205. C No person shall operate any motor vehicle with an engine braking device engaged which does not have a muffler in good working order. D. Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the vehicle between the hours of 10:00 p.m. and 7:30 a.m. E. Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 7:30 a.m. and 10:00 p.m. § 240-11 Applicability of section. Section 240-6, 240-7, 240-8 and 240-9 shall be applied in addition to § 240-4. § 240-12 Severability If any provision of this ordinance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated. § 240-12Continuing noise. It shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise or sound which shall exceed the permitted noise levels specified in this chapter. Any designated official of the City of Ithaca may issue a verbal warning that the violation exists and of the penalties that may ensue. § 240-13Horns and alarms. Exceptions This chapter shall not apply to fire horns or other alarms authorized by the Fire Department or Police Department and operated in accord with that authorization. The provisions of this chapter shall not apply to: A. Sound and vibration emitted for the purpose of alerting people in an emergency or in the performance of the response to an emergency. Minutes Approved at February 11, 2015 P&EDC Meeting B. Sounds connected with any authorized carnival, fair, exhibition, parade or community celebration or from any municipally sponsored celebration, event, activity or individually sponsored event where a permit or other relevant permission has been obtained from the City. C. The operation or use of any bell, chimes, or other instrument from any church, synagogue, temple, mosque or school licensed or chartered by the State of New York, provided such operation or use does not occur during nighttime hours. D. Sounds created by any government agency by the use of public warning devices. E. Noise from domestic power tools, lawn mowers, leaf blowers and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they produce less than 75 dBA at or within any real property line of a receiving residential property. F. Noise from snow blowers, snow throwers, and snow plows when operated with a muffler for the purpose of snow removal. G. Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within five (5) minutes after it has been activated. H. Sounds created by any governmental agency or railroad agency by the use of public warning devices or created by public utilities in carrying out the normal operations of their franchises. § 240-14 Permit procedures for certain activities. [Amended 9-1-2004 by Ord. No. 2004-14; 5-4-2005 by Ord. No. 2005-06] Except as provided for in § 157-8 of the City Code regarding the Ithaca Commons: A. Where a sound source exists, is planned, installed or intended to be installed or modified by any person in a manner that such source will create or is likely to create unreasonable noise or otherwise fail to comply with the provisions of this chapter, such person must secure a permit pursuant to Subsection D of this section. B. Where any person uses or plans to use any sound-amplifying equipment in such a way that such equipment is or will be heard outside of any building or vehicle between 10:00 p.m. of any day and 7:30 a.m. of the next day, such person must secure a permit pursuant to Subsection D of this section. C. Where any person uses or plans to use a public-address system that will make sound outside of a building, such person must secure a permit pursuant to Subsection D of this section. D. Applications shall be submitted at least 72 hours in advance of an event. The application for the permit shall provide the following information: (1) The reasons for such usage, including a demonstration why it is desirable or necessary that the sound source involved be authorized by a permit pursuant to this section. (2) Plans and specifications of the use. (3) Noise-abatement and -control methods to be used with respect to the sound source involved. (4) Minutes Approved at February 11, 2015 P&EDC Meeting The period of time during which the permit shall apply. (5) The name of the person(s) who is responsible for ensuring that the activity complies with any permit issued for it pursuant to this section. (6) If required by the party issuing the permit, proof that notification of the application for the permit has been given to each person reasonably expected to be affected by the noise, the content of such notification and the manner in which such notification has been given, if the event is not a community-wide or public event. The notification shall state that any person objecting to the granting of such permit may contact the appropriate city department to which the application is being made to express his/her opposition to the granting of the permit. E. The application shall be made to the Superintendent of Public Works, or his/her designee, in connection with construction work on public rights-of-way or in parks; to the Director of Planning and Development, or his/her designee, for all other construction projects; and for others to the Mayor or his/her designee. The issuance of permits shall be discretionary, and a permit shall be issued only where the responsible official determines that such permit is reasonable and necessary and will allow an activity that is consistent with the general purposes of this chapter, as stated in § 240-2. When determining if a permit should be issued, factors the official shall consider shall include but are not limited to the volume of the noise, the proximity of the noise to sleeping facilities, the time of the day or night the noise occurs, the time duration of the noise, and the impact of the noise on persons living or working in different places or premises who are affected by the noise. Any permit granted shall state that the permit only applies to this chapter, and that § 240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct, provides that “a person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof: . . . he makes unreasonable noise." [Amended 6-5-2013 by Ord. No. 2013-15[1]] [1]: Editor's Note: This ordinance provided for an effective date of 1-1-2014. F. In order to further the purposes of this chapter and to facilitate its implementation and enforcement, the Superintendent of Public Works, the Director of Planning and Development and the Mayor, or their designees, shall have authority to impose such conditions as they determine are reasonable and necessary on permits they issue pursuant to this section. Such conditions may govern factors which include but are not limited to the time and location the involved sound source may be utilized. [Amended 6-5-2013 by Ord. No. 2013-15[2]] [2]: Editor's Note: This ordinance provided for an effective date of 1-1-2014. G. The Superintendent of Public Works, the Director of Planning and Development and the Mayor or their designees shall provide the Chief of Police with a copy of any permit issued pursuant to this section. [Amended 6-5-2013 by Ord. No. 2013-15[3]] [3]: Editor's Note: This ordinance provided for an effective date of 1-1-2014. Minutes Approved at February 11, 2015 P&EDC Meeting § 240-15 Variances The Mayor or his/her designee may grant for a sustained duration an individual variance from the limitations prescribed in this article whenever it is found, after a noticed public hearing before the Mayor, or his/her designee and upon presentation of adequate proof, that compliance with any part of this article will impose an undue economic burden upon any lawful business, occupation or activity, and that the granting of the variance will not result in a condition injurious to health or safety. A. Any variance, or renewal thereof, shall be granted within the requirements of division (A) of this section and for time periods and under conditions consistent with the reasons therefore, and within the following limitations: 1. If the variance is granted on the grounds that compliance with the particular requirement or requirements will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the Mayor or his/her designee, is requisite for taking of the necessary measures. A variance granted on the ground specified in this division shall contain a timetable for taking of action in an expeditious manner and shall be conditioned on adherence to the timetable; or 2. If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in division (1) of this division (B), it shall be for not more than one year. B. Any person seeking a variance shall file a petition for variance and a $50 filing fee with the Mayor or his/her designee. The Mayor or his/her designee shall thereafter conduct a noticed public hearing in accordance with this section, accept documentary and testimonial evidence in accordance with accepted administrative hearing procedures, and make a final decision regarding the granting of the variance. C. Written notice of the public hearing, the time and place of which shall be set by the Mayor or his/her designee, shall be mailed by the petitioner at least 10 days prior to the hearing, with proof of mailing provided to the Mayor at least 8 days prior to the hearing, to: 1. the owners as shown by the records of the County Assessor of lots comprising the site of the variance and lots within 100 feet, excluding public right-of-way, of the site of the variance; 2. any neighborhood association if the site of the variance is within the neighborhood association’s boundaries or within 100 feet of the neighborhood association’s boundaries, excluding public right-of way. 3. any other person or entity that has filed with the Mayor a request to receive a notice of the variance proceeding. D. The notice of hearing shall set forth the name and address of the petitioner, the location of the site of the variance, that the petitioner has requested a variance from this ordinance, the nature of the requested variance, and that part of the ordinance that would be-waived if approved. E. Following the hearing, the Mayor or his/her designee shall render a written final decision including findings of fact and conclusions of law. The Mayor or his/her designee shall mail the decision to all parties of record. § 240-16 Penalties for offenses; presumptions. A. Any person who shall violate any provision of this chapter shall be punishable by a fine not to exceed $500 or imprisonment of not more than 15 days, or not more than 100 hours of community service or any combination of such fine and imprisonment and not less than $100 or 25 hours of community service; Minutes Approved at February 11, 2015 P&EDC Meeting provided, however, that a person who shall violate any provision of this chapter after having been convicted of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $750 or by imprisonment of not more than 15 days, or not more than 125 hours of community service or, any combination of such fine and imprisonment and not less than $200 or 40 hours of community service; and further provided that any person who shall violate any provision of this chapter after having been convicted two or more times of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $1,000 or by imprisonment of not more than 15 days, or not more than 125 hours of community service, or any combination of such fine and imprisonment, and not less than $300 or 50 hours of community service. For any penalties of community service, the court may accept community service from people other than the defendant whom the court deems appropriate, such as other residents of the premises or others who choose to accept responsibility for the violation. In assessment of the above penalties, aggravating factors shall include but not be limited to the presence of the following factors: (1) A common source of alcohol such as a keg; (2) A live band or disc jockey or other live entertainment; (3) Amplified sound emanating from speakers placed or directed outside of the building; (4) A charge to gain entrance into the premises or to consume alcohol; (5) A violation of § 250.8 (public urination) of this Code on the premises; (6) The offense takes place after midnight on weekdays and 1:00 a.m. on weekends and before the following 6:00 a.m.; (7) More than 25 guests on the premises, "guests" being defined for the purposes of this section as any people who do not reside at the premises; (8) Any underage person or persons possessing or consuming alcohol on the premises, each underage person constituting a separate aggravating circumstance; (9) More than one complaint made to the police about the noise, each complaint after the first being a separate aggravating circumstance. B. For purposes of this chapter, for any offense that takes place on private property, if the person or persons directly responsible for the activity that violates any provision of this chapter cannot be determined, then all residents of the property on which the activity takes place shall be presumed to be responsible for the violation. Section 3. 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 4. Effective Date. This ordinance shall take effect June 1, 2015, and in accordance with law after publication of notices as provided in the Ithaca City Charter. Minutes Approved at February 11, 2015 P&EDC Meeting     c) Disposition of City-Owned Land at 617 Five Mile Drive – Declaration of Lead Agency Moved by Alderperson Kerslick; seconded by Alderperson McCollister. Carried unanimously. WHEREAS, the City of Ithaca Common Council is considering sale of an approximately 3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY (part of tax parcel #31.-2-6) through a competitive sealed bid process to New Earth Living, LLC, and WHEREAS, the proposed sale of more than 2.5 acres of contiguous land is a Type 1 Action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agency than the City of Ithaca Common Council has jurisdiction to approve or undertake the proposed action; now, therefore, be it RESOLVED, that the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed sale of an approximately 3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY (part of tax parcel #31.-2-6) to New Earth Living, LLC. Disposition of City-Owned Land at 617 Five Mile Drive to New Earth Living LLC – Environmental Determination Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Carried Unanimously. WHEREAS, the City of Ithaca Common Council is considering sale of an approximately 3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY (part of tax parcel #31.-2-6) through a competitive sealed bid process to New Earth Living, LLC, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the transfer or sale of more than 2.5 contiguous acres of land is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality Review Act (“SEQR”), both of which require environmental review, and Minutes Approved at February 11, 2015 P&EDC Meeting WHEREAS, a Full Environmental Assessment Form (FEAF) and supporting information has been provided to the City of Ithaca Conservation Advisory Council and Natural Areas Commission for review of the proposed action and no comments have been received to date, and WHEREAS, the Common Council for the city of Ithaca, acting as Lead Agency, has reviewed the FEAF prepared by IURA and City planning staff; now, therefore, be it RESOLVED, that the Common Council for the City of Ithaca, as Lead Agency in this matter, adopts as its own, the findings and conclusions more fully set forth in the FEAF, and be it further RESOLVED, that the Lead Agency hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law.   Disposition of City-Owned Land at 617 Five Mile Drive to New Earth Living LLC – Authorization Moved by Alderperson McCollister; seconded by Alderperson Martell. Carried unanimously. WHEREAS, the City of Ithaca Common Council is considering sale of an approximately 3-acre, unimproved sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca, NY (part of tax parcel #31.-2-6) to New Earth Living LLC, and WHEREAS, on December 13, 2013 the Common Council authorized a competitive sealed bid process to offer for sale a 3-acre sub-parcel (City Property), subject to the following terms: Minimum Price: Fair Market Value to be determined by appraisal to be conducted after receipt of bids. Compliance with Subdivision & Zoning Regulations: Purchaser must identify how conveyance of the 3-acre sub-parcel will comply with Town of Ithaca subdivision and zoning regulations. As the sub-parcel lacks street frontage, it appears that consolidation with an existing adjoining parcel will be required. Future Use: Open space, agricultural and/or residential use. Easement: Sale will be subject to retention of a public easement across the sub-parcel for access by vehicles and pedestrians to the City-owned Southwest Natural Area located east of the railroad tracks. Minutes Approved at February 11, 2015 P&EDC Meeting Additional Purchaser Expenses: Appraisal and lot consolidation expenses. Disclaimer: City reserves the right to reject any and all bids. WHEREAS, the Common Council further stipulated that the bid award is subject to completion of environmental review, including advice of the Natural Areas Commission, and approval by the Common Council, and WHEREAS, on May 6, 2014 the Ithaca Urban Renewal Agency (IURA) issued and publicly advertised an Invitation For Bids for the City Property, and WHEREAS, one bid at $10,000 was received from New Earth Living LLC to purchase the City Property, and WHEREAS, an appraisal was conducted at the expense of the prospective purchaser that concluded the fair market value of the City Property is $16,875, so the initial bid was rejected, and WHEREAS, a revised sealed bid offering that established the minimum acceptable bid at $16,875 was issued on July 30, 2014, and WHEREAS, one bid at $16,875 was received from New Earth Living LLC to purchase the City Property, and WHEREAS, New Earth Living LLC developed the Aurora Street pocket neighborhood project at the 500 block of Aurora Street, and WHEREAS, New Earth Living LLC proposes to consolidate the City Property with an adjacent parcel located at 619 Five Mile Drive for development of an approximately 30- unit clustered residential subdivision known as Amabel, and WHEREAS, the City Property is proposed to be used as a natural area for storm water management and a dog park for residents, though final plans for the project may evolve as the project proceeds through the Town’s approval process, and WHEREAS, environmental review for sale of this land has been completed, and WHEREAS, the City Charter requires approval by 3/4s of the Common Council to authorize sale of real property; now, therefore, be it, RESOLVED, that the Common Council for the City of Ithaca hereby authorizes disposition of an approximately 3-acre, unimproved, sub-parcel of land located at 617 Five Mile Drive in the Town of Ithaca NY (part of tax parcel 31.-2-6) to New Earth Living LLC at a sales price of $16,875, subject to the following conditions: 1. Subdivision and consolidation of the sub-parcel with an adjacent parcel in conformance with Town of Ithaca land use regulations; Minutes Approved at February 11, 2015 P&EDC Meeting 2. Retention of a public easement across the sub-parcel for access by vehicles and pedestrians to the City-owned Southwest Natural Area located east of the railroad tracks bounding the sub-parcel; and 3. Purchaser shall be responsible for the following costs in addition to the bid purchase price: • Lot subdivision and consolidation • Sellers closing cost expenses, including legal, title and boundary survey as applicable. RESOLVED, that the Mayor, subject to advice of the City Attorney, is hereby authorized to execute agreements to implement this resolution, including but not limited to a purchase and sale agreement and conveyance of deed, and be it further RESOLVED, that expenses of the IURA directly associated with marketing and sale of the property shall be reimbursed from sale proceeds. 6) Action Items – Approval to Circulate a) Cornell Heights Rezoning ORDINANCE NO. ____ Moved by Alderperson Martel; seconded by Alderperson Kerslick. Carried unanimously. The Ordinance will be circulated for comment and will return to this committee at a later date. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows: 1. WHEREAS, in 2013, the City received a development proposal for a residential project located in the Cornell Heights historic district, and 2. WHEREAS, the Ithaca Landmarks Preservation Commission, in their review of the project, found that the allowable development by the existing zoning largely conflicted with what the Commission would permit in order to protect the historic character of the district, and 3. WHEREAS, the Cornell Heights Historic District, unlike Ithaca’s other Historic Districts, was developed as a planned “residence park,” with significant amounts of green space and informal landscaping in the Romantic tradition intentionally retained around its expansive homes to create a unique neighborhood identity, and 4. WHEREAS, this neighborhood is also designated as a low-density neighborhood in the City of Ithaca’s forthcoming Comprehensive Plan, and 5. WHEREAS, in order to explore alternate zoning options that would better reflect the desired development for this area, a working group consisting of staff from the planning, zoning, and building departments and members of the Common Council, and Minutes Approved at February 11, 2015 P&EDC Meeting 6. WHEREAS, prior to developing a zoning proposal, a walking tour of the neighborhood was held and the working group also had meetings with the residents of the area, and 7. WHEREAS, the working group has identified amendments to the use and area requirements in the RU zoning district that would allow for responsibly developing this area, while preserving the original intent for the district and protecting the important qualities of this neighborhood, and 8. WHEREAS, in addition to the amendments that have been proposed to the RU zoning district, residents have requested that the Common Council also explore options for offering additional protections to the entire historic district, therefore BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is hereby amended to add the following underlined language: Section 325-8: District Regulations Chart, R-U Use District Permitted Primary Uses 1. One-family detached, semi-detached, or attached dwelling. 2. Any use permitted in R-1 and R-2. Permitted Uses 3-8 are restricted to 1 every 500’, measured from the edge of the property line 3. Multiple dwelling. 4. Rooming or boardinghouse. 5. Cooperative household. 6. Fraternity, sorority or group house. 7. Dormitory. 8. Townhouse or garden apartment housing. By Special Permit of Board of Appeals: 9. Uses 5-7 under R-1* 10. Nursery school, child day care center. 11. Bed and Breakfast Homes and Inns. * Cemetery and Related Building, Public Utility Structures, except offices, All School and Related Buildings Minimum Lot Size (Area in Square Feet) 1. One-family detached dwelling: 10,000 2. One-family semi-detached or two-family dwelling: 15,000. 3. One-family attached dwelling: 16,500 for first 1-3 units plus 1,500 for each additional unit. 4. Multiple dwelling: 16,500 for first 1-3 units +1,500 for each additional unit. 5. Fraternity, sorority, or group house: 30,000 (was 25,000). 6. Other uses: 30,000 (was 10,000). Width in Feet at Street Line 1. One-family detached dwelling: 75. 2. One-family semi-detached or two-family dwelling: 100. Minutes Approved at February 11, 2015 P&EDC Meeting 3. One-family attached dwelling: 125. 4. Multiple dwelling: 125. 5. Fraternity, sorority or group house: 125. 6. Other uses: 125 (was 75). Maximum Building Height Number of Stories: 3 (was 4). Height in Feet – 40. Maximum Percent Lot Coverage by Buildings Lot Coverage: 25% (was 30%). 50% of the developable lot area, after the required setbacks have been calculated, must be retained as green space. Yard Dimensions Front Required Minimum – 25’ Side Minimum – 10’ Other Side Minimum – 10’ Rear Minimum – 50’ or at least 25%, but not less than 30’ Section 2. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the district regulations chart in accordance with the amendments made herewith. Section 3. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 4. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Minutes Approved at February 11, 2015 P&EDC Meeting 7) Review and Approval of Minutes a) September 2014 b) October 2014 Alderperson McCollister moved both sets of minutes; seconded by Alderperson Kerslick. Passed unanimously. 8) Adjournment The meeting was adjourned at 10:00 p.m.