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HomeMy WebLinkAbout11-12-14 Planning and Economic Development Committee Meeting AgendaPEDC Meeting  Planning and Economic Development Committee  Ithaca Common Council        DATE: November 12, 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) Public comment and Response from Committee  Members    3) Special Order of Business   a) Presentation – Ithaca Form Based Code  Initiative    4) Announcements, Updates, Reports  a) Comprehensive Plan  b) CIITAP review    5) Action Items – Voting to Send on to Council  a) PAC Mural – Dryden Road Garage  b) Amendment to Mural Approval Process  c) Brindley Street Bridge Replacement  d) Noise Ordinance Reform  e) Disposition of City‐Owned Land at 617 Five  Mile Drive    6) Action Items – Approval to Circulate   a) Cornell Heights Rezoning    7) Review and Approval of Minutes  a) September 2014  b) October 2014 (sent under separate cover)    8) Adjournment  No    No        No      No          Yes  Yes  Yes  Yes  Yes        Yes      Yes  Yes    Yes          Chair, Seph Murtagh            Project Organizers      JoAnn Cornish, Planning Director          Megan Wilson, Planning Staff  Megan Wilson, Planning Staff  Addisu Gebre, Bridge System Engineer  Ari Lavine, City Attorney   Nels Bohn, IURA        Jennifer Kusznir, Planning Staff          6:00    6:05        6:20      6:50          7:00  7:05  7:15  7:45  8:15        8:30      9:00      9:05        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, November 11, 2014.   TO: Planning & Economic Development Committee FROM: Megan Wilson, Planner Frank Nagy, Director of Parking DATE: October 29, 2014 RE: Dryden Road Parking Garage Mural Project Earlier this summer, Parking Director Frank Nagy requested that the Public Art Commission (PAC) seek murals for the Dryden Road Parking Garage. The proposed murals would create a brighter, more welcoming space for those parking within the garage. In addition, Parking Division staff have spent a considerable amount of time and resources repainting the walls within the garage and are concerned that the recently painted walls will quickly become locations for graffiti again. As a result of this discussion, the PAC has proposed the Dryden Road Parking Garage Mural Project, which would feature multiple murals on the various levels of the garage. Because the proposed murals are expected to significantly reduce ongoing maintenance and graffiti removal costs, the Parking Division will provide $5,875 to fund the project. The Board of Public Works approved the Dryden Road Parking Garage as a location for murals on July 14, 2014. In August 2014, the PAC issued a Call for Proposals and received 18 submissions. After reviewing all of the submissions, the PAC voted to recommend that Common Council select the artwork submitted by Dan Burgevin, Kellie Cox-Brady, Aindriais Dolan, the Junior Youth Group, Steav Kim, Eric Lindstrom, Kurt Piller, Margaret Reed, and Nate Waterman, as shown in “Dryden Road Parking Garage – Recommended Mural Proposals,” to be installed within the Dryden Road Parking Garage. Photos of the parking garage as well as images of the recommended proposals are attached for your review. Staff will attend the November 12th Planning & Economic Development Committee to discuss the project. If you have any questions, please contact me at (607) 274- 6560 or mwilson@cityofithaca.org. CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT Division of Planning & 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 Planning & Economic Development Committee Proposed Resolution November 12, 2014 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 be funded 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). Dryden Road Parking Garage – Recommended Mural Proposals October 2014 “Jewels Humans/Diatoms” by Dan Burgevin “Magnolia grandiflora – Southern Magnolia” by Kellie Cox-Brady “Ithaca Portal” by Aindriais Dolan “Do We Still Have Time?” by Junior Youth Group “Shutterfish” by Steav Kim “Out to Dry” by Eric Lindstrom “Severe Tiger Damage” by Kurt Piller “I Would Like You” by Margaret Reed “Playful Creatures & Tentacles” by Nate Waterman Dryden Road Garage Photos Dryden Road Garage Photos (con’t) CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: Planning & Economic Development Committee FROM: Megan Wilson, Planner DATE: October 30, 2014 RE: Request to Amend the Mural Approval Process In 2010, the City of Ithaca Public Art Commission (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. To facilitate the program, the PAC approached the Board of Public Works for approval to use City-owned property as sites for mural installations, and the Board approved several potential sites for inclusion in the PAC’s Mural and Street Art Program. The Mural and Street Art Program has led to the creation of many impressive murals throughout the city. As public art has become more visible, the PAC has received an increasing number of proposals. With a structured program in place and a highly motivated membership, the PAC is able to work with artists to turn these proposals into works of public art. The PAC is charged with reviewing and advising the Common Council on all proposals for the exhibition and display of public art in the City’s public spaces, in public buildings, and on public facilities and infrastructure. It is also responsible for advising the Common Council on the selection of acquisitions and donations of public art. The Common Council is ultimately responsible for the selection of public art. The PAC would like the Common Council to consider amending the selection process to allow final approval of murals to occur at the committee level. Prior to Common Council’s selection, the PAC thoroughly reviews each proposal that it receives. Potential locations are carefully evaluated, and proposed designs are matched with the most appropriate site to ensure a successful installation for the artist, the City, and the public. The PAC also holds public comment on each proposal before final selections are passed on as recommendations to the Common Council. The PAC believes that allowing the Planning & Economic Development Committee to issue final approval of murals would streamline the selection process while still ensuring adequate review. Staff will attend the November 12th Planning & Economic Development Committee meeting to discus the idea of amending the mural approval process. If you have any questions or comments prior to the meeting, please contact me at 274-6560 or mwilson@cityofithaca.org. Planning & Economic Development Committee Proposed Resolution November 12, 2014 Resolution to Amend the Approval Process for Murals on City Property 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 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. Planning and Economic Development Committee November 12, 2014 Bindley 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 Bridnley 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 Bridnley Street Bridge were presented to the City Board of Public Works on September 22, 2014, and 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).     CITY OF ITHACA  108 East Green Street, Ithaca, New York  14850‐6590    COMMON COUNCIL  Joseph “Seph” Murtagh, Second Ward Alderperson  Email: jmurtagh@cityofithaca.org     To: Planning and Economic Development Committee  From: Seph Murtagh, Chair  Re: Noise Ordinance Reform  Date: November 5th, 2014    The purpose of this memo is to provide background information regarding a proposal to amend City  of Ithaca Code §240, City of Ithaca Noise Ordinance. In 2013, the City hired consultant Eric M.  Zwerling, M.S. from the Rutgers Noise Technical Assistance Center (Department of Environmental  Sciences, Rutgers ― The State University of New Jersey) to assist the City in revising its noise  ordinance. This effort was initiated in response to noise disputes that had been arising around the  city (especially between commercial and residential uses), as well as complaints about the  vagueness of the City’s current ordinance. Mr. Zwerling visited Ithaca, gathered public input, met  with interested parties, and conducted sound tests at various sites around the city. His main task  was to produce a draft of a new noise ordinance.     To summarize the major changes, the new ordinance would:   *add some new definitions to the code (e.g., “multiuse property,” “commercial use     property”)   *create new standards for the primary Commons and City parks   *establish city‐wide permissible noise levels   *establish special provisions for commercial establishments serving food and alcohol   *add new regulations for unamplified human voice and motor vehicles     Please find enclosed the draft ordinance. If the committee is willing, we will pass this along to  Common Council for possible adoption at our December Council meeting. If you have any  questions, feel free to contact me at 585‐703‐2582.     Sincerely,    Seph Murtagh     An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 240, Entitled “Noise,” in Order to Incorporate Decibel Standards ORDINANCE __-2014 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: 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. 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. 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. 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) 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 genera le l prohibitions regarding sound levels shall apply in determining unreasonab 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. 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 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. § 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. 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) 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 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; 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. Proposed Resolution  Planning & Economic Development Committee  November 12, 2014    Disposition of City‐Owned Land at 617 Five Mile Drive – Declaration of Lead Agency      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.      j:\community development\dispositions\617 five mile drive\reso p&ed 617 five mile dr subparcel disposition ‐ lead agency.doc  Proposed Resolution  Planning & Economic Development Committee  November 12, 2014    Disposition of City‐Owned Land at 617 Five Mile Drive to New Earth Living LLC –  Environmental Determination      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    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.       j:\community development\dispositions\617 five mile drive\reso p&ed 617 five mile dr ‐ neg dec 11‐12‐14.doc      Proposed Resolution  Planning & Economic Development Committee  November 12, 2014    Disposition of City‐Owned Land at 617 Five Mile Drive to New Earth Living LLC ‐ Authorization     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.    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;  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.     j:\community development\dispositions\617 five mile drive\reso p&ed 617 five mile dr subparcel disposition ‐ action.doc  CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & 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 From: Jennifer Kusznir, Economic Development Planner Date: November 4, 2014 Re: Proposal to Amend R-U Zoning District The purpose of this memo is to provide information regarding a proposal to amend the RU zoning district. This proposal was previously discussed by this Committee at their meeting on October 8th. At that meeting staff was directed to circulate a concept memo for comments. Enclosed are comments that were received from Historic Ithaca. In addition to circulating the memo, staff and Common Council members met with some of the residents of the neighborhood to discuss the proposed zoning amendments. Several of the residents expressed a desire to move forward with the proposed changes, but were concerned that the proposed ordinance would not offer protection for the portions of the historic district that were not located within the RU zoning district. Enclosed for your consideration is a draft ordinance. The proposed changes to the RU zoning district are intended to allow for future development that will preserve the open space, park-like character, and historic quality of the neighborhood. In addition, staff has agreed to evaluate the entire historic district to see if there are options to protect the remaining portion of the historic neighborhood that is not located in the RU zoning district. If the Committee is in agreement, staff will draft the environmental review of this action and circulate it along with the draft ordinance and return next month with any comments that are received. If you have any questions, feel free to contact me at 274-6410. Historic Ithaca 212 Center Street Ithaca, NY 14850 To: Jennifer Kusznir, Economic Development Planner Date: November 6, 2014 Re: Proposal to Amend R-U Zoning District Please find comments from Historic Ithaca below for the proposed amendments to the R-U Zoning District. These comments can be entered into the record. 1. The circulated proposal only addressed changes to the District Regulations Chart. Is the intent to make changes as well to the text of the Zoning Ordinance itself (Chapter 325 of the City Code) - e.g., to define or explain new terms)? 2. Under the first section "Permitted Uses 3-8 are restricted to 1 every 500'" This phrasing seems vague. Is it "1 every 500'" beginning at the property line? Is it measured from the road curb? From another point? It seems that it needs more specific wording to avoid any legal confusion. The proposed rule is not sufficiently protective of existing character and the goal of "low-density." It could encourage the development of larger or consolidated multiple dwellings designed to maximize size and lot coverage. A more protective approach would be to allow multiple dwellings (of any sort) only by special permit. 3. Maximum Building Height: Height in Feet is stated as 40. Where does this measurement begin and end? Is it from the lowest visible portion of the building to the topmost portion of the roof? Again, some specific wording seems desirable. 4. Maximum Percent Lot Coverage by Buildings "50% of the developable lot area, after the required setbacks have been calculated, must be retained as green space." Again, how will this be defined? Green space as interpreted to mean a lawn grass, treed area, planted area that is strictly unavailable for any vehicle parking? 5. Yard Dimensions - this section does not specify width or length and needs to be expressed more clearly. 6. In the first page Summary of General Intent: Is the aim of the R-U zone still to provide a walkable location for student housing development as part of maintaining the open space, park-like character, and historic quality of the existing neighborhood? 7. Maximum Lot Coverage: Suggest a "sliding scale" where maximum allowable coverage % decreases as lot size increases (to limit the possibility of massive projects). "Developable lot area" needs to be defined. What counts as "developable," what doesn't? General comment: If the City's intent truly is for Cornell Heights to be a "low density neighborhood," as proposed in the new Comprehensive Plan, allowing new multiple dwellings, as of right, would appear to be inconsistent with this goal. Density can be gauged not just by the proximity of buildings, but also by population and intensity of use. Thank you for the opportunity to provide our comments. Sincerely, Christine O’Malley Preservation Services Coordinator Historic Ithaca 11/7/2014  Page 1 of 3 ORDINANCE NO. ____ 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. WHERAS, 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 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 11/7/2014  Page 2 of 3 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. 11/7/2014  Page 3 of 3 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. City of Ithaca Planning & Economic Development Committee Wednesday, September 10, 2014 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Cynthia Brock, and Josephine Martell Committee Members Absent: Ellen McCollister Other Elected Officials Attending: None Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Debbie Grunder, Executive Assistant, Department of Planning, Building, Zoning, and Economic Development, and Nels Bohn, Director, Ithaca Urban Renewal Agency (IURA); Ari Lavine, City Attorney Others Attending: Jay Franklin, Tompkins County Assessment Office Chair Seph Murtagh called the meeting to order at 6:00p.m. 1) Call to Order/Agenda Review There were no changes to the agenda. 2) Special Order of Business a) Public Hearing – Lot Coverage Amendment, Decks Alderperson Kerslick moved to open the public hearing; seconded by Alderperson Martell. Passed Unanimously. Sheryl Swink, 321 North Albany Street, spoke on the lot coverage amendments. She thinks it’s something that has been able to do, and it is taking away. What is the purpose? Alderperson Kerslick moved to close the public hearing; seconded by Alderperson Brock. Passed unanimously. b) Special Presentation – Assessments Jay Franklin, Director of Assessment, Tompkins County Department of Assessment, provided the Committee with a presentation on the subject of County assessments. A copy of this report is attached to these minutes. c) Special Presentation – Conservation Easements in City Watershed City Attorney Ari Lavine explained what a small group of employees have been working on. He anticipates a new budget line added for this new program. A Conservation Easement is a set of legal restrictions on a piece of property. There are certain things that are allowed and not allowed. A $30M water plant is currently being built. This group was inspired by a past Alderperson Chris Proulx and currently includes Alderperson Donna Fleming; Assistant Superintendent of Water and Sewer, Erik Whitney; the President of the Land Trust; and Ari Lavine, Ithaca City Attorney. We are looking at undeveloped land that feeds our water supply. Current landowners can voluntary give up a portion of their land for this use. The land trust will help the City identify the owners who will donate this land. This will give them a tax break as well as maintain their land as they choose to even though they’ve donated the property. This process will not create any additional workload to City employees as the Land Trust will be responsible for it all. Process wise, the committee is proposing an annual budget line to support this project. Departments such as Planning and Development and the Department of Public Works may have an important part in this. Alderperson Brock asked for clarification of what budget dollars will be used. Attorney Lavine responded that this program will be funded by the Water and Sewer budget which is not the general fund. It will be funded by the revenue Water and Sewer brings in based on their water and sewer rates collected by Ithaca City residents. Alderperson Kerslick asked whether a map of the water shed would be made available when reviewing each easement. He would like reassurance that the Water Plant and Water and Sewer employees are definitely on board. Attorney Lavine stated that Erik Whitney is in full support of this process. It will be reviewed during the annual budget process and budgeted in the Water and Sewer budget of the general fund. The Cayuga Lake Watershed has a huge collection of watershed maps. JoAnn Cornish stated that some of the property that have road frontage may also be more valuable entering into these easements. Cornish also asked whether a transfer of development rights would be available to these landowners with other municipalities. Cornish further stated that a few years back there was a capital project regarding this very topic or similar topic. It was also clarified that this would be eligible for rate funding. Lavine encouraged that if Council is interested in agreeing to this and to fund it, it would be important to pass a resolution outlining the process’ steps. Alderperson Brock stated it would be an important that the Department of Public Works be included in the approval process. JoAnn stated she would be interested to know whether the Land Trust already has current easements in the Watershed. 3) Public Comment and Response from Committee Members Michael Culotta, 701 North Tioga Street, spoke in favor of conversation easements. He stated that these easements will remain on the tax rolls and these municipalities should be made aware of this since these easements will be most often in areas outside of the City limits. Alderperson Brock thanked Sheryl Swink for coming out and speaking on the lot coverage amendments. She stated the amendments are being made for a better clarification of definitions. 4) Announcements, Updates, and Reports JoAnn Cornish stated that there will be a meeting set regarding Cornell Heights for later this month. JoAnn Cornish informed the group that she and Sue Ritter have been in touch and have had multiple conversations, and it was suggested that the Planning Committee attend the Town Planning Board on September, 25, 2014 at 4:30 p.m. The members present stated they were in agreement and would check their schedules. There will be a public information session on September 18, 2014 in the Borg Warner Room, Tompkins County Public Library, at 5:00 p.m. to discuss a CIITAP application for a new housing project on Clinton Street. Brindley Street Bridge will be presented on September 22, 2014 at 3:45 p.m. in the Second Floor Conference. Addisu Gebre, Bridge System Engineer, will lead this meeting. A public hearing will be held on the amendments to the City noise ordinance in October. City Attorney Ari Lavine will be attending. 5) Action Items – Voting to Send onto Council a) Neighborhood Improvement Incentive (NIIF) Application Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously. RESOLUTION: Request for Neighborhood Improvement Incentive Funds for the Fall Creek Neighborhood Block Party, August 2014 WHEREAS, the City of Ithaca Common Council established the Neighborhood Improvement Incentive Fund in 1995 to provide financial assistance to city residents seeking to improve the quality of life in their neighborhoods, and WHEREAS, the fund is intended to support residents' interest in community improvement and to encourage, not replace volunteerism, and WHEREAS, the funds are intended to be used for projects or events that provide a general neighborhood benefit and not for the limited benefit of individuals or a select few residents, and WHEREAS, activities specified by the Common Council as eligible for the funding include but are not limited to neighborhood clean-ups, plantings in public places, and neighborhood events like neighborhood block parties or meetings, and WHEREAS, neighborhood groups are required to submit a completed application specifying other project donations, estimated volunteer hours, estimated costs to be covered by the fund and signatures of residents in the immediate neighborhood, and WHEREAS, to streamline the process the Common Council has delegated authority to approve applications to the Planning & Economic Development Committee, and WHEREAS, each neighborhood group is eligible to receive up to $300 per year as a reimbursement award payable on the submission of original receipts or invoices for approved activities, and WHEREAS, the City cannot reimburse residents for sales tax expenses, and WHEREAS, on behalf of neighborhood residents, Maria Costanzo and Sara Schaffzin have submitted an application for reimbursement funds to off-set $189.73 in expenses from the Fall Creek neighborhood’s annual block party, and WHEREAS, notice of the block party was circulated throughout the neighborhood, and the event provided an opportunity for socializing with diverse groups of residents; now, therefore, be it RESOLVED, that the Planning and Economic Development Committee approves the funding request from Maria Costanzo and Sara Schaffzin in the amount of $189.73 for reimbursement upon presentation of original invoices and/or receipts. b) Non-substantive Changes to Planned Unit Development Ordinance An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” Article IV, Section 325-12, in Order to Make Minor Non Substantive Changes Regarding the Common Council Approval Process for Planned Unit Developments (PUDs) City Attorney Ari Lavine informed the group what the amendments to this resolution are: Section 1 should include changes to [8], [9], [11], and [12] as stated in the resolution being acting on tonight. Alderperson Brock moved the amendments; Kerslick seconded it. Passed Unanimously Alderperson Kerslick moved to approve as amended; seconded by Alderperson Brock seconded it. Passed unanimously. ORDINANCE NO. 2014-____ WHEREAS, on July 2, 2014, the Common Council adopted legislation allowing for the City to establish Planned Unit Development districts on any property in the City currently zoned for industrial uses, and WHEREAS, the adopted Planned Unit Development Ordinance contained language that would require the Planning Board to serve as lead agency on the associated environmental review and require a project to receive a negative declaration of environmental significance in order to be considered eligible for a Planned Unit development, and WHEREAS, the Planning Board may not serve as lead agency in all instances, because, for example, Common Council could choose to serve as lead agency, and a proposed project may complete its environmental review even if it receives a positive declaration of environmental significance as long as it is able to mitigate the impacts of the environmental impacts, and WHEREAS, in order to allow for these projects to be eligible for planned unit developments, the language of the ordinance must be amended to allow for projects that have adequately completed environmental review, so that the project can progress through construction, to be considered by the Common Council for PUD approval; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Article IV, Section 325-12 of the Municipal Code of the City of Ithaca be amended as follows: Section 1 Chapter §325-12.G.[8], [9], [11], and [12] shall be deleted in their entirety and replaced, respectively, with: [1.] Site Plan Review Application - Applicant submits a site plan review application. The Planning Board commences the environmental review process in compliance with the State Environmental Quality Review Act (SEQRA) and the City Environmental Quality Review Ordinance (CEQRA) and conducts the normal site plan review process. To the extent that the Planning Board declares its intent to be the lead agency for the environmental review of the project and the PUD, the Planning Board notifies all other involved agencies including the Common Council. [2.] RESERVED. [11.] RESERVED. [12.] Common Council Consideration of the PUD - When and if the Planning Board has completed its environmental review of the project to the extent required under SEQRA and CEQRA and has issued a contingent site plan approval, the project will return to the Common Council for final consideration of the adoption of the PUD. Final Council approval, if any, shall be granted via ordinance. [13.] Section 2. 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 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. c) Lot Coverage Amendment, decks JoAnn Cornish stated that in practice this is already in place, but has not been adequately stated in the Code. This is an effort to reduce the amount of structure on the lots. She further stated that in the Fall Creek area where the lots are much smaller than other areas in the City, if the proposed deck being built will often require a variance. Declaration of Lead Agency for Environmental Review for – An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To correct inconsistencies so that the area of deck(s), balconies projecting more than two feet from the face of a building, ramps, and landings, in addition to buildings and accessory structures, is included in determining the maximum percentage of lot coverage, a District Regulation requirement. Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously. WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Zoning Code in order to correct inconsistencies pertaining to maximum percentage of lot coverage. Determination of Environmental Significance for – An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To correct inconsistencies so that the area of deck(s), balconies projecting more than two feet from the face of a building, ramps, and landings, in addition to buildings and accessory structures, is included in determining the maximum percentage of lot coverage, a District Regulation requirement. Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously. WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Zoning Code in order to correct inconsistencies pertaining to maximum percentage of lot coverage, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Short Environmental Assessment Form, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. ORDINANCE NO. ____ Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, of the Municipal Code of the City of Ithaca, entitled Zoning, be amended as follows: Section 1. Chapter 325 (“Zoning”), Section 325-3, entitled, “Definitions and word usage” is hereby amended to add additional clarifying language to the definitions of “Building”, “Building area”, and “Structure” to read as follows: “Building” -Any structure wholly or partially enclosed within exterior walls or within external and/or party walls and a roof, affording shelter to persons, animals or property, including porches, (See “structures”.) “Building Area” – The total area (taken on a horizontal plane at the main grade level) of the principal building and all accessory buildings, including porches, attached or free standing decks, balconies projecting more than two feet from a building or structures, ramps, and/or landings. The total building area shall be used for determining required yards and maximum percentage of allowed lot coverage but shall not include parking areas and parking spaces. Pergolas, and terraces and patios shall be exempt from total lot coverage requirements. However, neither pergolas or terraces and patios above grade shall be located in a required yard. “Structure” – Anything constructed or erected on the ground or is attached to another structure or building. Structures shall not include patios or terraces. Section 2. Chapter 325 (“Zoning”), Section 325-3, entitled, “Definitions and word usage” is hereby amended to add the following new definitions for “Deck”, “Pergola”, “Porch”, and Terrace or Patio”: “Deck”- a “structure” freestanding or attached to a building or an above ground swimming pool, consisting of one or more planes constructed of wood, metal, and/or other materials including a support system of footings and foundation walls and/or, piers, pilasters, columns, and posts, joists, beams, stringers, floor boards, and/or similar structural members, and including, any open enclosure, ramps, and/or landings with the ground and/or an adjourning structure and, if required by building code, balusters and railings. “Pergola” – an arbor or passageway for climbing plants with an overhead frame supporting open lattice work. “Porch” – a structure projecting from the wall or walls of a building, with a roof, that may be open to weather or wholly or partially enclosed with walls. A porch shall be deemed part of the building. “Terrace or patio” – a level plane or surfaced patio that is less than 18 inches above grade, without a roof, and not supported by any permanent structure. Terraces and patios above grade shall not encroach into required yards. Section 3. Chapter 325 (“Zoning”), Section 325-8A.(10) “Column (10): Maximum Percentage of Lot Coverage by Building”, be amended to read as follows: On a lot hereafter used, no greater percentage of total lot area may be covered by principal and accessory buildings above ground. For this purpose, the area covered by principal and accessory buildings shall include all porches, attached or freestanding decks, balconies projecting more than two feet from a building or structure, ramps, and/or landings. This sum, divided by the total lot area, shall not exceed the maximum allowed percentage of lot coverage specified in this column. Section 4. Chapter 325 (“Zoning”), Section 325-18, entitled “Yard regulations” is hereby amended to add clarifying language to section 325-18A., entitled “Porches”, to read as follows:   Section 325-18A. Porches and structures. All porches, attached or freestanding decks, balconies projecting more than two feet from a building or structure, ramps, and/or landings shall be considered a part of the building in both the determination of required yards and lot coverage. d) Amendment to Community Investment Incentive Tax Abatement Program (CIITAP) Nels Bohn, IURA Director, explained the changes made to this resolution after the packet was distributed. It was to clarify that applicants if owning other properties in the City, it can be checked whether that property is in good standing.   CIITAP - Municipal Compliance Amendment Moved by Alderperson Kerslick; seconded by Alderperson Martell. Passed unanimously. Whereas, the Community Investment Incentive Tax Abatement Program (CIITAP) provides financial incentives through the Tompkins County Industrial Development Agency (IDA) to encourage appropriate real estate and business investment in the core areas of the City and redevelopment of environmentally contaminated sites, and Whereas, the CIITAP program requires a two-step application process whereby applications must first satisfy minimum City of Ithaca eligibility requirements to advance for consideration by the IDA, and Whereas, there are currently three eligibility criteria for a CIITAP application to be approved by the City for IDA consideration: 1. Project size – project will increase the assessed value of property by at least $500,000; 2. Project density – project will contain a minimum of 3 stories or constitute a major restoration of an existing building; and 3. Project location – project is located within the Density District or includes a DEC-listed inactive hazardous waste site, and Whereas, a CIITAP applicant who is delinquent on taxes, assessments, fees or penalties due to the City or owns one or more properties with one or more violations of local laws or regulations should not be eligible for special assistance through the CIITAP program until the applicant and all properties owned by the applicant come into compliance, and Whereas, requiring a CIITAP applicant to remedy existing violations or delinquencies as a condition of eligibility may bring eliminate violations and bring properties into voluntary compliance without expending enforcement resources; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby amends its Community Investment Incentive Tax Abatement Program policy to include the following fourth eligibility criteria: 4. Municipal compliance – all each property in the City of Ithaca owned by the applicant Applicant must be in full compliance with all applicable local laws and regulations, consent agreements, and orders of the Director of Code Enforcement, and current on all local taxes, assessments, fees and penalties due to the City, and be it further RESOLVED, for the purposes of the CIITAP municipal compliance requirement, an the Applicant shall be deemed to include the following, whether they are natural persons, business entities, or other forms of organization: • For a sole proprietorship, the sole proprietor; • For a Limited Liability Corporation (LLC), all members owning 20% or more of the companyentity; • For a partnership, all general partners and all limited partners owning 20% or more of the equity of the firm; and • For a corporation, all owners of 20% or more of the corporation and each officer and director, ; and be it further RESOLVED, for the purposes of the CIITAP municipal compliance requirement, properties owned by the Applicant in the City of Ithaca shall include any property for which an Applicant has an ownership interest of 20% or more. Alderperson Brock recommended the last Resolved be added to the application. 6) Review and Approval of Minutes a) August 2014 – Moved by Alderperson Kerslick; seconded by Alderperson Martell as amended with Alderperson Brock’s recommendations. Passed unanimously. A brief conversation took place about the number of projects currently in the “hoper”. JoAnn agreed to send the group the list of projects. 7) Adjournment Moved by Alderperson Murtagh; seconded by Alderperson. The meeting was adjourned at 7:50 p.m. City of Ithaca Planning & Economic Development Committee Wednesday, October 8, 2014 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Cynthia Brock, Josephine Martell and Ellen McCollister Committee Members Absent: None Other Elected Officials Attending: Alderpersons Donna Fleming and George McGonigal; Mayor Svante Myrick Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Jennifer Kusznir, Senior Economic Development Planner; and Ari Lavine, City Attorney Others Attending: Bruce Stoff, Director, Tompkins County Convention & Visitors Bureau Chair Seph Murtagh called the meeting to order at 6:00p.m. 1) Call to Order/Agenda Review There were no changes to the agenda. 2) Special Order of Business a) Public Hearing – Revisions to Noise Ordinance Alderperson Kerslick moved to open the public hearing; seconded by Alderperson McCollister. Passed unanimously. Simon Wheeler, of Ithaca, New York spoke on the revisions to the Noise Ordinance. He noted a number of concerns which were received via email and were read into the public record by Chair Murtagh and are attached here as part of the minutes. Rajit Manohar, East Seneca Street, Ithaca, New York spoke on the revisions to the Noise Ordinance. His comments, which noted a number of his concerns, were received via email and read into the public record by Chair Murtagh and are attached here as part of the minutes. Barbara Lantz, 411 East Seneca Street, Ithaca, New York spoke on the revisions to the Noise Ordinance. Her concerns were received via email and read into the public record by Chair Murtagh and are attached here as part of the minutes. Benjamin Piekut and Ann Lewandowski, 417 East Seneca Street, spoke in opposition of the revisions to the Noise Ordinance. Their comments were received via email and read into the public record by Chair Murtagh and are attached here as part of the minutes. Matthew Clark, 419 East Seneca Street, Ithaca, New York spoke in opposition of the revisions to the Noise Ordinance. His comments were received via email and read into the public record by Chair Murtagh and are attached here as part of the minutes. Julie Newhouse, 204 Ridgedale Road, Ithaca, New York spoke in opposition of the revisions to the Noise Ordinance. Alderperson Kerslick moved to close the public hearing; seconded by Alderperson Brock. Passed unanimously. b) Special Presentation – Local Hotel Market Bruce Stoff, Tompkins County Visitors Bureau, provided the Committee with a presentation on the subject of the local hotel market. A copy of this report is attached to these minutes. 3) Public Comment and Response from Committee Members Walter Hang, 218 Waite Avenue, spoke in opposition to the Cornell Heights Rezoning. He read from his written comments which are also attached to these minutes. Bill Demo, 121 Heights Court, spoke in opposition to the Cornell Heights Rezoning. Michael Decatur, 125 Heights Court, spoke in opposition of the Cornell Heights Rezoning. Catherine Penner, 121 Kelvin Place, spoke in opposition of the Cornell Heights Rezoning. 4) Announcements, Updates, and Reports a) Noise Ordinance Reform b) CIITAP Review 5) Action Items – Approval to Circulate a) Cornell Heights Rezoning Moved by Alderperson Kerslick; seconded by Alderperson Martell. Passed unanimously. CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690 DPARTMENT 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 From: Jennifer Kusznir, Economic Development Planner Date: September 30, 2014 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. 6) Discussion a) Housing and Development in Ithaca Alderperson Kerslick mentioned he would like the City to look at owner-occupied housing losing out to rentals because it is so lucrative. Change zoning in the R1 and R2 to owner-occupied only with an allowance for accessory apartments. This will enable healthy mix of renters and owner occupied. JoAnn Cornish stated there are a number of other areas or topics in the works. To name a few: Collegetown construction is on the increase, we are looking at a parking system for all of Bell Sherman and Collegetown. Maintaining communication between the Board of Public Works (BPW), TCAT, and Collegetown business owners is crucial. Permanent pedestrian routes are also being discussed. 7) Review and Approval of Minutes a) September 2014 The September 2014 will not available for review. They will be voted on at the next meeting. 8) Adjournment