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HomeMy WebLinkAbout10-08-14 Planning and Economic Development Committee Meeting AgendaPEDC Meeting  Planning and Economic Development Committee  Ithaca Common Council        DATE: October 8, 2014  TIME: 6pm  LOCATION: 3rd floor  City Hall Council Chambers       AGENDA ITEMS  Item Voting  Item?  Presenter(s) Time  Start  1) Call to Order/Agenda Review    2) Special Order of Business   a) Public Hearing – Revisions to Noise Ordinance  b) Special Presentation – Local Hotel Market    3) Public Comment and Response from Committee  Members    4) Announcements, Updates, and Reports  a) Noise Ordinance Reform  b) CIITAP Review    5) Action Items – Approval to Circulate   a) Cornell Heights Rezoning    6) Discussion         a)    Housing and Development in Ithaca    7) Review and Approval of Minutes  a) September 2014  [ª TO BE SENT SEPARATELY]    8) Adjournment  No      Yes  No    No      No          Yes      No      Yes                      Chair, Seph Murtagh        Bruce Stoff, Visitors Bureau Director          JoAnn Cornish, Planning Director          Jennifer Kusznir, Planning Staff      All      All          6:00        6:15    6:30      6:45          7:00      7:30      7:55    8:00                   If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274‐6570 by 12:00  noon on Tuesday, October 7, 2014.   § 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: 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 "dB(A)" 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. 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 (intentionally ) 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. 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 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. 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. § 240-7Parties 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) 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: (1) 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 property line of the receiving property. A. Continuous Sound The limit in Table I may not be exceeded by incidents representing the normal, usual operation of the 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. TABLE I MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS BY RECEIVING LAND USE dB(A) 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 INDOORS 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. 1. 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 B. 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 1 shall apply. (2) Sources of Sound on Ithaca Primary Commons or Any City Park In addition to those specific prohibition set forth in Table 240-1, 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. (3) Commercial establishments serving alcohol or food, or presenting live or recorded musical performances    A. In addition to those specific prohibition set forth in Table 240-1, 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 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. 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. § 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 operator 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 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. 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 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. § 240-14Permit 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 SubsectionD 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) 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. § 240-15 Variances A. The Mayor may grant an individual variance from the limitations prescribed in this article whenever it is found, after a public hearing before a Hearing Officer 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. B. 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, 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. C. Any person seeking a variance shall file a petition for variance and a $50 filing fee with the Mayor. The Mayor shall submit the petition to the Hearing Officer to conduct a public hearing after notice has been provided in accordance with this section and to make the final decision regarding the granting of the variance. The Hearing Officer shall conduct the hearing and accept documentary and testimonial evidence in accordance with accepted administrative hearing procedures. D. Written notice of the public hearing shall be mailed by the Hearing Officer at least 10 days prior to the hearing to: 1. the petitioner; 2. the petitioner’s agent; 3. the owners as shown by the records of the City 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; 4. 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. 5. any other person or entity that has filed with the Mayor a request to receive a notice of the variance proceeding. E. 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. F. Following the hearing, the Hearing Officer shall render a written final decision including findings of fact and conclusions of law. The Hearing Officer shall mail the decision to all parties of record. The exclusive remedy for any parties to the administrative proceedings described in this paragraph shall be a petition for writ of certiorari to the [appropriate] Court. The petition for review shall be limited to the record made at the public hearing described herein. § 240-16 Right of entry Upon presentation of proper credentials, and with the consent of the occupant or the consent of the owner of any building, structure, property or portion thereof, or pursuant to a lawfully issued warrant, the Mayor or the Mayor's designee may enter at all reasonable times, any building, structure, property or portion thereof whenever necessary to make an inspection to enforce or determine compliance with the provisions of this chapter. The occupant or owner of the property shall cooperate in the investigation, possibly including a brief cessation of the sound source, unless they can demonstrate that an unreasonable hardship would result. § 240-17 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; 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.   1 | Page Projects in the City of Ithaca for 2014 Site Plan Review, Building Permits, and/or Construction September 8, 2014, Prepared by JoAnn Cornish Development Projects Aurora Street South, 620, Chainworks District Redevelopment Project, The proposed Chain Works District seeks to redevelop and rehabilitate the +/-800,000 sf former Morse Chain/Emerson Power Transmission facility, located on a 95-acre parcel traversing the City and Town of Ithaca’s municipal boundary. The applicant has applied for a Planned Unit Development (PUD) for development of a mixed-use district, which includes residential, commercial, office, and manufacturing. The project will be completed in multiple phases over a period of several years with the initial phases involving the redevelopment of the existing structures. Current redevelopment of this property will focus on retrofitting existing buildings and infrastructure for new uses. Using the existing structures, residential, commercial, studio workspaces, manufacturing, and office development are proposed. Construction start date is unknown – Project under review. Cascadilla Street, 700, Purity Ice Cream, Mixed-Use Project, The applicant proposes interior renovations of the existing masonry and steel-framed building, as well as the additional second-story level to include 2,866 SF of new office space, elevator tower, lobby space, restrooms, mechanicals and an outdoor terrace seating area. Site work will include: an outdoor patio; pedestrian walkways; new sidewalk paving and pedestrian areas on Cascadilla Street; reorganization and repaving of the parking area to include 25 spaces; landscaping; and a wooden guard-rail fence along Fulton Street. The previously- approved access road from the parking area to Cascadilla Street has been removed, as has the Fulton/Esty Street parking lot. The 11 space parking lot on Cascadilla Street has been completed as have the interior renovations to the ice cream parlor. The renovations to the remainder of the building are under construction. Cayuga Street South, Cayuga Place 2, The applicant is proposing to develop a 15,300 square foot footprint, 7 story building for 45 units of loft-style apartments; (49,244 GSF total). The site is located to the east and adjacent to the Cayuga Garage and to the south of the Tompkins County Public Library. Project is under construction. Cayuga Street South, Coltivare, (Ground Floor of the Cayuga Street Garage) The project consists of renovating 17,000 SF of space located at the first floor of the Cayuga Street parking structure. The space will be occupied by a culinary art institute with an 80-seat restaurant (Coltivare), multi-use space supporting academic programs, and a large cooking lab and smart classroom dedicated to the educational program. The project includes exterior façade work for signage and reworking of existing awnings, and lighting. Approval of the Cayuga Street Garage was originally granted on February 18, 2003, subject to the condition that all exterior lighting and signage be approved by the Board before installation. Project is under construction. Cayuga Street South 222, Holiday Inn Expansion, Phase I of the project (renovations of the existing tower) is complete. In Phase II, the applicant is proposing to demolish the existing north, south, and west guest room wings (110 rooms) and construct two new additions. One will be a one-story 13,845 SF banquet and meeting facility on the north side of the main building; and the other will be a 100’ tall 10- story tower with a 9,190 SF footprint, featuring 115 new guest rooms and a roof-top entertainment complex. Two 2-bedroom units of employee housing are also included in the project. Site development will include: two new curbcuts to make a conference center drop-off; reconfiguration of the parking areas, resulting in a decrease of 21 parking spaces; removal of 9 mature trees and much of the existing landscaping along Cayuga Street; new landscaping and sidewalks; lighting; and signage. Exterior finishes 2 | Page will include an exterior insulation finishing system (EFIS), brick, stone, and concrete. November 2014 Construction Start Date. Clinton Street East 130, Apartments The applicant is proposing to construct three 3-story apartment buildings, each containing 12 units (four on each floor) ― for a total of 36 units and 48 beds. Vehicular access is from a new service drive commencing at the existing parking lot on Prospect Street. Pedestrian access will come from two new stairs, one on Clinton Street and the other from the new service drive, both connecting to a new wooden boardwalk along the west sides of the buildings. The 1.748-acre project site contains steep slopes and project development will require extensive regrading and removal of a large area of vegetation, including several mature trees, to form level building pads. Spring 2015 Construction.  College Ave. 307, Collegetown Crossing (Mixed-Use Housing Project), The applicant is proposing to demolish the existing two-story structure fronting College Ave. and construct a six-story, mixed-use building with 50 upper-story apartments (103 bedrooms) and approximately 5,500 SF of ground floor retail space. The applicant is proposing to construct a through-block pedestrian walkway and incorporate a TCAT bus stop into the building façade. The existing residential structure on Linden Ave. will be retained; however, the back porch will be removed. The proposed project will remove the existing 15 parking spaces on site. Undergoing Site Plan Review – Fall 2014 Construction. College Ave. 140, Student Housing Addition, The applicant is proposing to construct a three-story addition on the south side of the building, incorporating the footprint of an existing one-story garage. The addition, which will function as an independent dwelling unit, will have a gross floor area of 3,800 SF and will match the three stories and walk-out basement level of the existing building. The property has an existing grandfathered 6-space parking area, which is being reduced to 4 spaces due to the addition. The layout of the new parking area includes a landscape buffer/trellis with bike racks on Cook Street. Fall 2014 Construction The Commons, Harold Square (Downtown Mixed-Use Project), The applicant is proposing to develop a 137-foot tall, 10-story, mixed use building of approximately 132,000 GSF. The project will include one story (11,000 SF) of ground floor retail, three stories (41,200SF) of upper-story office space, and six stories of residential space (up to 72 units). The residential portion of the project is in the tower, set back 75’ from the building’s four-story Commons façade. The building will have two main entrances, one on the Commons and one facing Green Street, with an atrium linking the two streets. Construction start date on hold pending financing. The Commons, Marriot Hotel, The applicant is proposing the construction of a new 160+/- room hotel with restaurant, lobby, and other space in support of a hotel operation, in a building encompassing 96,075+/- sq. feet in 10 stories with a portion of the upper stories extending 12’ over the Green Street garage. The main (pedestrian) entrance is proposed to be on the Commons with the vehicular entrance on Aurora Street. Parking and additional entrances will be provided from the parking decks at the Green Street garage. The site is located adjacent to the east end of the city-owned Green Street Garage. Fall 2014 Construction Start Date Cornell University Campus, Gannett Health Services Facility, The applicant proposes to build two additions to the existing building for a total expansion of 73,600 SF. One addition will be a 4-story, 55,000- SF building facing Campus Road and connected to the two wings of the health center. The second addition will be 18,600 SF on the southeast corner of the existing building. The project also includes construction of a new entrance on Ho Plaza and internal renovations. Site development includes a revised drive off Campus Road, landscaping, site amenities, and utility improvements. Review complete, Construction Start Date Spring 2015. 3 | Page Cornell University Campus, Klarman Hall, The applicant proposes to construct a 67,511 SF addition (Klarman Hall) to the rear of Goldwin Smith Hall, as well as add dormers and re-roof the building. Klarman Hall will contain classrooms, office space, a 330-seat auditorium, and an enclosed public gathering space. The two buildings will be connected by enlarging five existing windows on the ground floor of the hemicycle of Goldwin Smith Hall. The proposed design makes extensive use of glass, both for exterior walls and the roof, and includes green roofs and multiple outdoor terraces on several levels. The project includes landscaping, outdoor seating areas, and reconstruction of the sidewalk contiguous to the building site. The project site is located in the lawn area behind Goldwin Smith Hall and East Avenue. Project is under construction. Cornell University Statler Hall, Entry Renovations & Second Floor Infill, The applicant proposes to infill the second-floor atrium area to create academic program space and increase energy-efficiency in winter. A major goal for the entry renovation is to create a sustainable and long-lasting structure, which will deal with air infiltration effectively and efficiently by not allowing excessive heat loss and by conditioning the air captured in an adjusted volume of space. The design reconfigures the entry and re- orients the entrance doors towards the south. The project adds 319 SF to the ground floor and 1,300 SF to the second floor, and aims to provide a consistent architectural vocabulary with the recently renovated parts of Statler Hall along Campus Road and Statler Drive. The project also includes a new sidewalk and corner treatment, outdoor gathering space, seating, and lighting. Project is under construction. Dryden Rd., 205, Student Housing Project, The applicant proposes to demolish the existing wood- frame structure and construct a 64’ six-story, plus basement, mixed-use building with a footprint of 3,655 SF. The bottom floor will have 2,112 SF of retail space to be occupied by the business currently on site. The upper five floors will have two four-bedroom apartments per floor, for a total of 10 apartments and 40 bedrooms/occupants. The building includes an inner court for light and ventilation, located on the west side of the building. Building construction will require a steel-pile foundation system. The project site is in the M-U2 Zoning District. In compliance with district regulations, the building is set back 5 feet from the front property line. Fall 2014 Construction. Eddy Street 327, Mixed-Use/Apartments, The applicant proposes to demolish an existing two-story structure and construct a six-story apartment building with 1,800 square feet of commercial space on the ground floor. The building will have 28 units in a mix of sizes and approximately 64 occupants. Due to a twenty-eight foot grade change on the small site, the building will be constructed in three six-story sections. The building features light wells on the north and south sides. Exterior finishes include brick, colored metal panels and limestone. Fall 2014 Construction. Falls St. West 128, Housing Units, The applicant is proposing to construct one single-family home and two duplexes. The project includes eight off-street parking spaces, two driveways, sidewalks/walkways, and landscaping. Spring 2015 Construction. State Street East 320 – 324, Hampton Inn Hotel, The applicant is proposing to build a six-story, 70’ tall hotel with 120 guest rooms. The ground floor will include a breakfast room, a bar/lounge, meeting rooms, fitness area, pool, and an approximately 2,000 SF retail/restaurant space. Exterior finishes include stone and brick veneers, metal panels systems, and aluminum windows. The site layout features a drop-off area with a glass and aluminum porte-cochère, a 12-space parking area, bike racks and walkway accessible from State Street, and a pedestrian entrance to the hotel and retail space on Seneca Way. Spring 2015 Construction. State Street East, 314-320, Carey Building, Renovations & Addition, The applicant proposes to add 5 floors to the existing 2-story building. The addition will have approximately 3,600 SF of office space on the 3rd floor and 14-16 micro-apartments on the 4th and 5th floors. Design plans call for stepping the 4 | Page building back and providing 2-3 larger units on the 6th and 7th floors. The owner intends to retain retail use on the 1st floor and renovate the 2nd floor for office space, and to provide a new entrance on the north façade of the building. The proposed building includes outdoor terraces on the 3rd and 6th floors. The project is in the CDB-60 and CDB-100 Zoning Districts, and requires an Area Variance for height. Undergoing Site Plan Review – Fall 2014 Construction. Stone Quarry Rd., 400, Stone Quarry Apartments, The applicants propose to construct 35 units of new rental housing that will be affordable to low- to moderate-income households. The units will be in one 3-story building and two rows of 2-story townhouses. Site improvements will include a 37- space parking area, pedestrian walkways throughout, a recreation area with a playground, basketball court, a lawn, and landscaping. The applicants are also proposing to install a sidewalk, tree lawn, and street trees along the property on Spencer Rd. The project site consists of three separate tax parcels in the R-2a and B-5 Zoning Districts, currently all containing commercial uses. Project development will require lot subdivision, and potential consolidation.  Fall 2014 Construction. Taughannock Blvd. 323, Mixed Use Project, The applicant proposes to redevelop the 10,592-SF parcel, which currently contains a vacant 1-story building (formerly known as the Tradewinds Lounge) and approximately 10 surface parking spaces. The proposal is to develop a new 3-story mixed-use building with ground-floor office space, bike storage, 18 covered parking spaces, and 20 1- and 2-bedroom market- rate residential apartments on the 2nd and 3rd floors. Site amenities include a rooftop terrace, a publicly- accessible pedestrian promenade contiguous to the Old Cayuga Inlet, lighting, signage, landscaping, and site furnishings. The applicant also proposes to make changes to the adjacent City parking lot in front of the building to allow better ingress and egress, provide 4 additional City-owned parking spaces (9 total), a public sidewalk directly in front of the building, and 2 planting islands with large shade trees. Project undergoing Planning Board Approval. Thurston Ave. 312, Thurston Avenue Apartments, The project includes the construction of four 3- story residential buildings at the corner of Thurston Avenue and Highland Avenue on a 1.43-acre portion of a larger site. The project will result in twenty-four parking spaces (including two handicap spaces) and associated loading, walkways, landscaping, storm drainage, and site amenities. The proposed site plan includes a new porous asphalt parking lot, site lighting, and an interconnected walkway system. A concrete walk is proposed to parallel the driveway, while a more informal stonedust trail is proposed to traverse the hill and link to the intersection of Highland and Thurston Avenues. Benches and bike racks are located at building entrances. Curving stone walls are proposed along the base of the hill along Highland Avenue, to serve as tree wells and preserve existing trees, and to serve as benches, creating a natural park-like atmosphere at the street intersection. The patio at the terminus of the parking lot accommodates fire truck turn-around space. Site development will require the removal of vegetation on most of the 1.8-acre site, including many mature trees. Project is under construction. Approved – No Construction Start Date Cascadilla St., 800, Rick’s Rental World, Building Renovations & Site Improvements. The applicant is proposing to construct a 45x54’ (2,430 SF) metal building to the south of the existing structure. The new building will house the main entry, showroom, and offices. Site improvements will include the installation of a new 6-space parking area (with one ADA-compliant space) and paving on the west side of the new and existing buildings, a new loading dock, bike rack, landscaping, and signage. Construction will require removal of the existing brick addition on the south side of the building, and the existing prefabricated building and loading dock on the west side of the building. Elmira Rd. 308 Maguire Fiat (formerly, GreenTree Nursery), The applicant proposes to remove the existing 1,300 SF building (formerly, GreenTree nursery) and construct a new 8,165 SF building (GSF 10,210, including 2nd floor office space). The new building will include a showroom, customer service area, 5 | Page offices, and service bays. The site work will include: the addition 15 new parking spaces; 4 display spaces facing Elmira Road; 6 customer parking spaces at the front and side of the building; and 5 service and employee spaces at the rear of the building. Site development will require removal of all accessory structures, vegetation, and chain-link fence. The applicant is proposing to: close the continuous curbcut along the access drive; add landscaping and additional street trees; and add two planting islands with shade trees on the adjacent property. Elmira Rd. 371, 4-Story Hotel (Tax Parcels #128.-2-7.1 & #128.-2-8.11) The applicant proposes to construct a 4-story, 11,769-SF hotel with approximately 76 rooms and 76 parking spaces. The 1.4-acre project site contains two contiguous tax parcels, containing a +/-7,500-SF commercial office building fronting Elmira Road, and an auto-body shop in the rear ― with access from Spencer Road and large paved parking areas. Project development will require demolition of both buildings and removal of approximately 0.25 acres of vegetation. Site improvements include retaining walls, a privacy fence, walkways landscaping, lighting, and bike racks. State Street West 527, Cornell Laundry Annex Shipping/Receiving, The applicant proposes to construct a one-story, 2,304 SF distribution and storage facility, at the rear (Green St. side) of the existing building. The proposed building will have four loading bays and a forklift entry on the east façade. The project also includes relocation of a utility pole, installation of a vegetative screen, and a rolling gate at the southwest corner of the building. Projects Pending Lake Street 123, Ithaca Gun Apartments Ridgewood Road 7, Student Housing, The applicant proposes to construct three 3-story residential buildings with a total of 45 units and 114 beds on the 2.43-acre parcel. A total of 57 parking spaces is proposed, of which 44 will be under the buildings and 13 will be surface parking screened with a pergola. Bicycle parking and trash receptacles will also be underground. Building design is based on a Prairie architectural style and will feature green roofs. Site development includes construction of an access road, retaining walls, raised walkways, exterior common spaces, landscaping, lighting, signage, and other site amenities. Vehicle access is proposed via a driveway on Ridgewood Rd., and pedestrian access via walkways to both Ridgewood Rd. and Highland Ave. The site is largely undeveloped woodland, with an abandoned pool and small adjacent outbuilding. Construction will require removal of 95 trees and 1.4 acres of associated vegetation. The eastern side of the parcel, along with a neighboring parcel at 150 Highland Avenue, will be maintained in an undeveloped state. CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING, BUILDING & ECONOMIC DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning and Economic Development Committee Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner From: Jennifer Kusznir, Economic Development Planner Date: September 30, 2014 Date: September 30, 2014 Re: Proposal to Amend R-U Zoning District Re: Proposal to Amend R-U Zoning District The purpose of this memo is to provide information regarding a proposal to make amendments to the RU Zoning District. For several months a working group of Common Council, Planning, and Building Staff members has been meeting to discuss the RU Zoning District. Recent development proposals have highlighted the fact that the allowable build out according to the existing zoning is in conflict with the desire to maintain the historic qualities and existing character of this neighborhood. This particular district, unlike Ithaca’s other historic districts, was developed as a planned “residence park,” with significant amounts of informal landscaping and green space in the Romantic tradition, intentionally included around its substantial homes to create a unique neighborhood identity and is zoned as a low density neighborhood in the new comprehensive plan. The working group has begun to identify use and area requirements for responsibly developing the area that will uphold these intents and preserve these important qualities. The following amendments in red are the proposed amendments to the RU Zoning District: General Intent The intent of the amendments to the RU Zoning District are to allow for future development that will preserve the open space, park like character and historic quality of the existing neighborhood and will create a natural transition to the adjacent R-2b Zoning 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’ 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. 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’ If the Committee is in agreement with this concept, staff will circulate a concept memo and will return next month with any comments that are received. If you have any questions, feel free to contact me at 274-6410.