HomeMy WebLinkAbout03-05-14 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, March 5, 2014,
at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street,
Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing on a Proposed Extension of a Sales Contract by the Ithaca
Urban Renewal Agency to Cayuga Green II LLC, the City’s preferred developer
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
8.2 Sahara Restaurant Alcohol Permit Request - Resolution
8.3 Mahogany Grill Alcohol Permit Request - Resolution
City Administration Committee:
8.4 City Clerk/Fire Department – Authorization to Accept and Adoption of the
Multi-Jurisdictional All-Hazard Mitigation Plan Update – Resolution
8.5 City Attorney’s Office - Approval of Extension of Exemption from Real Property
Taxes and Provision for In-Lieu Payments, with Regard to City of Ithaca Tax
Parcel Numbers 104.-1-2 Pursuant to Section 52 of the Public Housing Law of
the State of New York - Resolution
8.6 Human Resources/Finance Department – Transfer of Function and Budget for
Parking Enforcement to the Department of Public Works – Resolution
8.7 Finance Department/Controller’s Office/Ithaca Police Department – Request to
Amend 2013 Ithaca Police Department Budget – Resolution
Common Council Meeting Agenda
March 5, 2014
Page 2
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend The City of Ithaca Municipal Code, Chapter 325, Entitled
“Zoning” To Establish the Collegetown Area Form Districts and Rezone Portions
of the R-1b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 Districts to Collegetown
Residential (CR) and Mixed Use (MU)
A. Declaration of Lead Agency for Environmental Review - Resolution
B. Determination of Environmental Significance - Resolution
C. Adoption of Ordinance
10. CITY ADMINISTRATION COMMITTEE:
10.1 City Attorney’s Office – A Local Law entitled “2014 Sidewalk Improvement District
Amendments Concerning Certain Vacant Lots”
10.2 Ithaca Urban Renewal Agency (IURA) - Cayuga Green Project - Endorsement of
Requested Twenty-Eight Day Extension to Sales Contract for Parcel “D” of Cayuga
Green II, LLC – Resolution
10.3 City Controller’s Report
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
12.1 Appointment of Marriage Officer – Resolution
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
14.1 Reappointment to Bicycle Pedestrian Advisory Council – Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the February 19, 2014 Regular Common Council Meeting Minutes –
Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you to fully participate in the
meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting.
______________________________
Julie Conley Holcomb, CMC
Dated: February 27, 2014 City Clerk
8. CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina
Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor
dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Viva Taqueria & Cantina Restaurant, including the responsible sale
and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2014, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria &
Cantina Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in the
amount of $1,000,000 and the approval of an outdoor dining permit.
8.2 Sahara Restaurant Alcohol Permit Request - Resolution
WHEREAS, the Sahara Restaurant has requested permission to utilize certain areas
along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Sahara Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2014, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the
Sahara Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in
the amount of $1,000,000 and the approval of an outdoor dining permit.
8.3 Mahogany Grill Alcohol Permit Request - Resolution
WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant
to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Mahogany Grill Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2014, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
8. CONSENT ITEMS CONTINUED:
City Administration Committee:
8.4 City Clerk/Fire Department – Authorization to Accept and Adoption of the
Multi-Jurisdictional All-Hazard Mitigation Plan (HMP) Update – Resolution
WHEREAS, the Tompkins County Planning Department, with the assistance from
Barton & Loguidice, P.C., has gathered information and prepared the Multi-Jurisdictional
All-Hazard Mitigation Plan Update for Tompkins County, New York, and
WHEREAS, the Multi-Jurisdictional All-Hazard Mitigation Plan Update (HMP) for
Tompkins County, New York has been prepared in accordance with the Disaster
Mitigation Act of 2000 and Title 44 Code of Federal Regulations (CFR), Part 201, and
WHEREAS, Title 44 CFR, Chapter 1, Part 201.6(c)(5) requires each local government
participating in the preparation of a Multi-Jurisdictional Mitigation Plan (HMP) or Plan
Update to accept and adopt such plan, and
WHEREAS, the City of Ithaca, has reviewed the 2013 Hazard Mitigation Plan (HMP)
Update, has found the document to be acceptable, and as a local unit of government,
has afforded its citizens an opportunity to comment and provide input regarding the
Hazard Mitigation Plan Update and the actions included in the Hazard Mitigation Plan,
and
WHEREAS, the City of Ithaca, will consider the Tompkins County HMP Update during
the implementation and updating of local planning mechanisms, and will incorporate the
hazard assessment data, hazard vulnerabilities, and mitigation actions in these
mechanisms, where applicable; now, therefore, be it
RESOLVED, That the City of Ithaca, as a participating jurisdiction, adopts the Multi-
Jurisdictional All-Hazard Mitigation Plan Update for Tompkins County, New York, dated
December 2013.
*The 230 page plan can be found at:
http://www.tompkinscountyny.gov/files/planning/community%20planning/documents/To
mpkins%20County%20HMP%20Final%20Draft%2001-16-14.pdf
8.5 City Attorney’s Office - Approval of Extension of Exemption from Real
Property Taxes and Provision for In-Lieu Payments (PILOT), with Regard to City
of Ithaca Tax Parcel Numbers 104.-1-2 Pursuant to Section 52 of the Public
Housing Law of the State of New York - Resolution
WHEREAS, the Ithaca Housing Authority (hereinafter referred to as the “IHA”) is a
municipal housing authority created and established by virtue of §429 of the Public
Housing Law and is the current owner of the lands and premises in the City of Ithaca,
County of Tompkins, State of New York known as Titus Towers (T.P # 104.-1-2)
(hereinafter referred to as the “Property”), which property is used for the provision of
affordable rental housing to qualified persons or families of low income; and
WHEREAS, pursuant to §52(3) of the Public Housing Law of the State of New York, the
IHA, as a municipal housing authority has been entitled to and has enjoyed an
exemption from real property taxes subject to certain required payments in lieu of such
taxes; and
WHEREAS, pursuant to §52(5) of the Public Housing Law of the State of New York the
tax exemptions from real property taxes shall not operate for a period of more than fifty
(50) years, commencing in each instance from the date on which the benefits of such
exemption first became available and effective; and
WHEREAS, pursuant to §52(6) of the Public Housing Law of the State of New York the
IHA, as a municipal housing authority that received the tax exemption specified above
may upon the expiration of the tax exemption period be granted an additional tax
exemption period of up to fifty (50) years; and
WHEREAS, the first tax exemption period on Titus Towers (T.P # 104.-1-2) is believed
to have been granted for a forty (40) year period on or about March 1, 1974; and
WHEREAS, as a result of the expiration of the exemption for Titus Towers (T.P # 104.-
1-2) and pursuant to §52(5) of the Public Housing Law of the State of New York the IHA
now seeks an extension of the effective date for an extension of the tax exemption
period for an additional forty (40) year period to commence March 1, 2014, for the
following property: Titus Towers (T.P # 104.-1-2); and
WHEREAS, that pursuant to §52 of the Public Housing Law of the State of New York
and since the inception of the initial tax abatement period, the IHA has annually remitted
to the City of Ithaca Payments in Lieu of Taxes (hereinafter referred to as “PILOT”)
pursuant to a PILOT Agreement between the IHA and the City of Ithaca; and
WHEREAS, the City of Ithaca has determined that the continued provision of affordable
rental housing to qualified persons or families of low income by the IHA is beneficial to
and in the long term best interests of the public, now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca pursuant to§52(5) of the
Public Housing Law of the State of New York hereby grants to the following property,
Titus Towers (T.P # 104.-1-2) a tax exemption from real property taxes levied by the
City of Ithaca and other local taxing authorities for an additional forty (40) years period
upon the condition that commencing on said new effective date the IHA make annual
payments in lieu of taxes to the City of Ithaca and shall continue to make such annual
payments for the duration of the exemption period; and be it further
RESOLVED, That the effective date for the foregoing tax exemption period shall be
retroactive to March 1, 2014, and the expiration date shall be March 1, 2054; and be it
further
RESOLVED, That the Mayor upon the advice of the City Attorney and the City
Controller and on behalf of the City of Ithaca is hereby authorized and requested to
execute and deliver to any pertinent party an agreement between the City of Ithaca and
the IHA setting forth as necessary the details of the payments in lieu of taxes, and to
take any and all action necessary and/or required to effectuate or verify such payments
or tax exemption.
8.6 Human Resources/Finance Department – Transfer of Function and Budget
for Parking Enforcement to the Department of Public Works – Resolution
WHEREAS, the City of Ithaca hired a Director of Parking in 2013 and created the
Parking Division to provide better management and oversight of the City’s parking
program, and
WHEREAS, the consolidation of parking enforcement activities into the Parking Division
will further advance these goals, and
WHEREAS, the civilian parking enforcement staff are currently employed by the Ithaca
Police Department, and
WHEREAS, it is the intention and desire of Common Council to transfer the civilian
parking enforcement function, budget and staff to the Parking Division of the
Department of Public Works; now, therefore be it
RESOLVED, That effective March 1, 2014, all parking enforcement functions currently
performed by civilian employees at the Ithaca Police Department and all civilian
employees engaged in performing those functions and activities shall be transferred
from the Ithaca Police Department to the Department of Public Works pursuant to
Section 70.2 of New York State Civil Service Law, and be it further
RESOLVED, That the following budget transfer be made as part of said function
transfer for parking with any further accounting transfers needed to be made, as
necessary, by the City Controller:
Account Transfer From: Account Transfer To:
A3120-5110 $270,984 A5656-5110
A3120-5125 200 A5656-5125
A3120-5415 2,000 A5656-5415
A3120-5420 6,200 A5656-5420
A3120-5425 100 A5656-5425
A3120-5477 9,000 A5656-5477
$288,484
8.7 Finance Department/Controller’s Office/Ithaca Police Department (IPD) –
Request to Amend 2013 Ithaca Police Department Budget – Resolution
WHEREAS, the Ithaca Police Department (IPD) has received funds through the
recycling of brass shell casings recovered from the IPD shooting range, and
WHEREAS, the (IPD) is desirous of utilizing some of these funds ($6,000) to purchase
a small structure for the shooting range; now, therefore, be it
RESOLVED, That Common Council hereby transfer an amount not to exceed
$6,000.00 from the Brass Account (A690-22), and amends the 2013 (IPD) Budget as
follows:
Increase revenue account:
A 3120-2770-5017 Miscellaneous Revenue $6,000
Increase appropriations account:
A 3120-5480-5017 Building Maintenance Supplies $6,000
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend The City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Establish the Collegetown Area Form Districts and Rezone
Portions of the R-1b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 Districts to
Collegetown Residential (CR) and Mixed Use (MU)
A. Declaration of Lead Agency for Environmental Review - Resolution
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 a “Type I” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental review
under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of an ordinance to amend the
Municipal Zoning Code to establish the Collegetown Area Form Districts and to rezone
portions of the R-1b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 districts to Collegetown
Residential (CR) and Mixed Use (MU).
B. Determination of Environmental Significance – Resolution
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the
Municipal Code in order to (1) establish the Collegetown Area Form Districts and (2)
rezone portions of the R-1b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 districts to
Collegetown Residential (CR) and Mixed Use (MU), and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Full Environmental Assessment Form (FEAF), dated January 8, 2014,
and
WHEREAS, these zoning amendments have 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 have
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 a “Type I” 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 FEAF 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 in the Full Environmental
Assessment Form, dated January 8, 2014, 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.
C. Adoption of Ordinance
WHEREAS, the “2009 Collegetown Urban Plan & Conceptual Design Guidelines” was
endorsed by the Common Council on August 5, 2009, and the adoption of a form-based
code has been considered to be a critical implementation measure, and
WHEREAS, based upon the advise of a consultant, the City has decided to pursue a
hybrid code rather than a true form-based code because (1) the hybrid code includes
regulations of density and use that are not included in true form-based codes and
density continues to be a critical issue in the Collegetown area, and (2) this type of
zoning is new to the City and the hybrid code would ease the transition from traditional
zoning, and
WHEREAS, a working group consisting of Common Council members, a Planning
Board member, and City staff has revised a previous zoning proposal for Collegetown to
create a clarified proposal that reflects the goals of the “2009 Collegetown Urban Plan &
Conceptual Design Guidelines;” now, therefore,
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Declaration of Legislative Findings and Purpose
The “2009 Collegetown Urban Plan & Conceptual Design Guidelines” identifies several
goals for future development in Collegetown. These goals include:
To encourage exceptional urban design and high-quality construction;
To regulate elements of building form to ensure a consistent transition between
districts;
To concentrate development in the central areas of Collegetown and protect the
character of the established residential neighborhoods;
To preserve and enhance green space that is a vital ecological, recreational, and
aesthetic component of the urban environment; and
To promote attractive, walkable neighborhoods that prioritize accommodation of
alternate modes of transportation
The “2009 Collegetown Urban Plan & Conceptual Design Guidelines” recommends the
adoption of a form-based code to regulate elements of building form that are not
addressed under traditional zoning. The Collegetown Area Form Districts is a hybrid
code that combines regulations of physical form with regulations of use and density.
The Common Council finds that the establishment of the Collegetown Area Form
Districts will advance the City’s goals for future development in Collegetown as
specified in the “2009 Collegetown Urban Plan & Conceptual Design Guidelines.”
Section 2. Chapter 325, Sections 325-4 and 325-5 of the Municipal Code of the City of
Ithaca are hereby amended to establish and add the Collegetown Area Form Districts
which include the following zoning districts: Collegetown Residential 1 (CR-1),
Collegetown Residential 2 (CR-2), Collegetown Residential (CR-3), Collegetown
Residential (CR-4), Mixed Use 1 (MU-1), and Mixed Use 2 (MU-2).
Section 3. Chapter 325 of the Municipal Code of the City of Ithaca is hereby amended
to add a new Article to be inserted as Article IX, entitled “Collegetown Zoning,” and all
subsequent articles and sections shall be hereby renumbered accordingly. Ҥ325-45
Collegetown Area Form Districts,” dated January 6, 2014, shall be inserted in its entirety
into said Article IX as §325-45.
Section 4. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-1b, and R-3a to CR-1 for the following tax parcels: 64.-6-1; 64.-
6-2.2; 64.-6-3; 64.-7-1; 64.-7-2; 64.-7-3; 64.-7-4; 64.-7-5; 64.-7-6; 65.-2-1; 65.-2-2; 65.-2-
3; 65.-2-4; 65.-2-5; 67.-2-8; 67.-2-9; 67.-2-10; 67.-2-11; 67.-3-18; 67.-3-19; 67.-3-20;
67.-3-21; 67.-3-22; 83.-6-2; and 84.-1-1.
The boundaries of this amendment are shown on the map entitled “Collegetown Area
Form Districts - January 2014,” a copy of which shall be on file in the City Clerk’s office.
Section 5. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-2a, R-2b, and R-3a to CR-2 for the following tax parcels: 64.-1-
1; 64.-1-2; 64.-1-4; 64.-3-1; 64.-3-2; 64.-3-3; 64.-3-4; 64.-3-5; 64.-3-6; 64.-3-7; 64.-3-8;
64.-4-1; 64.-4-2; 64.-4-3; 64.-4-4; 64.-4-5; 64.-5-1; 64.-5-2; 64.-5-3; 64.-5-4; 64.-8-7; 64.-
8-8; 64.-8-9; 64.-8-10; 65.-1-1; 65.-1-2; 65.-1-3; 65.-1-4; 65.-1-5; 68.-6-12; 68.-6-13; 68.-
6-14; 68.-6-15; 68.-7-2; 68.-7-3; 68.-7-4; 68.-7-5; 68.-7-6; 68.-7-7; 68.-7-8; 68.-8-6; 68.-
8-9; 83.-3-2; 83.-3-3; 83.-3-4; 83.-3-5; 83.-3-6.1; 83.-3-6.2; 83.-3-7; 83.-3-8; 83.-3-9; 83.-
4-1; 83.-4-3; 83.-4-4; 83.-4-5; 83.-4-6; 83.-6-1; and 83.-6-3.
The boundaries of this amendment are shown on the map entitled “Collegetown Area
Form Districts - January 2014,” a copy of which shall be on file in the City Clerk’s office.
Section 6. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-2a, R-2b, R-3a, and R-3b to CR-3 for the following tax parcels:
64.-2-7; 64.-2-8; 64.-2-9; 64.-2-11; 64.-2-13; 64.-8-1; 64.-8-2; 64.-8-3; 64.-8-4; 64.-8-5;
64.-8-6; 64.-8-11; 64.-9-3; 64.-9-4; 64.-9-5; 64.-9-7; 64.-9-8; 64.-9-9; 67.-2-3; 67.-2-4;
67.-2-5; 67.-3-2; 67.-3-3; 67.-3-23; 67.-3-24; 67.-3-25; 67.-3-26; 68.-5-14; 68.-5-15; 68.-
5-16; 68.-5-17; 68.-5-18; 68.-5-19; 68.-6-1; 68.-6-16; 68.-6-17; 68.-6-18; and 68.-6-19.
The boundaries of this amendment are shown on the map entitled “Collegetown Area
Form Districts - January 2014,” a copy of which shall be on file in the City Clerk’s office.
Section 7. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-1b, R-3a, and R-3b to CR-4 for the following tax parcels: 64.-2-
2; 64.-2-4; 64.-2-5; 64.-2-6; 64.-2-14; 64.-2-15; 64.-2-17; 64.-2-18; 64.-2-19; 64.-2-20;
64.-2-22; 64.-9-1; 64.-9-2; 64.-9-6; 64.-9-10; 64.-10-7; 64.-10-8; 64.-10-9; 64.-10-10;
64.-10-11; 64.-10-13; 67.-1-4; 67.-1-5; 67.-1-6; 67.-1-7; 67.-1-8; 67.-2-1; 67.-2-2; 67.-2-
12; 67.-2-13; 67.-2-14; 67.-2-15; 67.-2-16; 67.-2-17; 67.-2-18; 67.-3-1; 67.-3-29; 67.-3-
30; 67.-3-31; 68.-4-3; 68.-4-9; 68.-4-10; 68.-4-11; 68.-4-12; 68.-4-13; 68.-4-14; 68.-4-15;
68.-5-2; 68.-5-3; 68.-5-4; 68.-5-5; 68.-5-6; 68.-5-7; 68.-5-8; 68.-5-9; 68.-6-2; 68.-6-3; 68.-
6-4; 68.-6-5; 68.-6-6; 68.-6-7; 68.-6-8; 68.-6-9; 68.-6-10; 68.-6-11; 83.-4-2; and portions
of 64.-10-15; 67.-1-1; and 67.-1-3.
The boundaries of this amendment are shown on the map entitled “Collegetown Area
Form Districts - January 2014,” a copy of which shall be on file in the City Clerk’s office.
Section 8. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-3b to MU-1 for the following tax parcels: 67.-1-9; 67.-1-10; 67.-1-
11; 67.-1-12; 68.-5-10; 68.-5-11; 68.-5-12; 68.-5-13; and a portion of 67.-1-3.
The boundaries of this amendment are shown on the map entitled “Collegetown Area
Form Districts - January 2014,” a copy of which shall be on file in the City Clerk’s office.
Section 9. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-3a, R-3b, U-1 and B-2b to MU-2 for the following tax parcels:
63.-5-2; 63.-5-3; 63.-5-5; 63.-5-7; 63.-5-8; 63.-5-9; 63.-6-1; 63.-6-2; 63.-6-3; 63.-6-4; 63.-
6-5; 63.-6-8; 63.-6-14; 63.-6-17; 63.-6-19; 63.-6-20; 63.-6-21; 63.-6-23; 63.-6-24; 63.-6-
25; 63.-6-26; 64.-2-1; 64.-2-23; 64.-2-24; 64.-2-26; 64.-2-27; 64.-2-28; 64.-2-29; 64.-2-
30; 64.-2-31; 64.-2-32; 64.-10-1; 64.-10-2; 64.-10-3; 64.-10-4; 64.-10-5; 64.-10-6; 64.-
10-17.2; 64.-10-18; 64.-10-19; 64.-10-20; 64.-10-21; 68.-4-6; 68.-4-7; 68.-4-8; and
portions of 64.-10-15; and 67.-1-1.
The boundaries of this amendment are shown on the map entitled “Collegetown Area
Form Districts - January 2014,” a copy of which shall be on file in the City Clerk’s office.
Section 10. All applicable sections within the Municipal Code of the City of Ithaca shall
be updated in accordance with the amendments made herewith.
Section 11. 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 12. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
TO: Common Council
FROM: Megan Wilson, Planner
DATE: February 24, 2014
RE: Collegetown Area Form Districts – Non-Substantive Revisions
At the February 12th Planning & Economic Development Committee meeting, the Committee
requested that non-substantive revisions recommended by staff be incorporated into the
Collegetown Area Form Districts document that the Common Council will consider on March 5,
2014. The following revisions were made to the code document:
• Added a header with the district’s name to the top of each page of district regulations.
• Revised the wording of subsection 5 of the Intent section to read “Promote attractive,
walkable neighborhoods that prioritize accommodation of alternate modes of transportation
other than single-occupancy automobiles. (pg. 1)
• Revised the wording of the definition of “blank wall” to clarify that the standard is a
maximum (pg. 3).
• Specified “row house” as an allowed primary use for the CR-3, CR-4, MU-1, and MU-2
districts in the Use Table (pgs. 27-30).
• Added “public park or playground” and “bank or monetary institution” to the list of active
uses permitted when a street-level active use is required in the MU-2 district (pg. 31).
This revised version of the Collegetown Area Form Districts is included in the agenda packet and is
also available on the City’s website. If you have any questions or comments, please contact me at
mwilson@cityofithaca.org or 274-6560.
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
§325-45 COLLEGETOWN AREA FORM DISTRICTS
ITHACA, NEW YORK
January 6, 2014
DRAFT
DRYDEN RD
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COOK ST
IRVING
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MILLER ST
MAPLE AVE
WILLIAMS ST
E SENECA ST
FA
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E BUFFALO ST
CATHERINE ST
B
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OXFORD PL
EDGEMOOR LA
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HARVARD PL
BOOL ST
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FA
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CR-1 CR-1
CR-1
CR-1
CR-1
CR-2
CR-2
CR-2 CR-2
CR-2
CR-2
CR-2
CR-2
CR-2
CR-3
CR-3
CR-3
CR-3
CR-3
CR-3CR-3
CR-3
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
MU-1MU-1
MU-2
MU-2
MU-2
MU-2
Street
Stre
e
t
C
D
A
B
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§325-45. COLLEGETOWN AREA FORM DISTRICTS
CONTENTS
325-45.1 GENERAL PROVISIONS ......................................................................1
A. Short Title ...........................................................................................................1
B. Intent ..................................................................................................................1
C. Applicability .......................................................................................................1
D. Design Review and Approval Required ................................................................1
E. Landmarks Preservation Commission ..................................................................1
F. Other Applicable Sections ...................................................................................2
325-45.2 DISTRICT STANDARDS ......................................................................3
A. Establishment of Districts ...................................................................................3
B. Definitions and Related Standards .......................................................................3
C. Collegetown Area Form Districts.........................................................................6
D. Maximum Height (in stories) Map .....................................................................7
E. Collegetown Residential (CR-1, CR-2, CR-3).....................................................9
F. Collegetown Residential 4 (CR-4) .....................................................................17
G. Mixed Use (MU-1, MU-2) ...............................................................................21
325-45.3 ALLOWED USES ................................................................................27
A. Use Table ...........................................................................................................27
B. Street-Level Active Uses Required ......................................................................31
Collegetown Area Form Districts
DRYDEN RD
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COOK ST
IRVING
P
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FE
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VALLEY RD
MILLER ST
MAPLE AVE
WILLIAMS ST
E SENECA ST
FA
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M
O
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A
V
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E BUFFALO ST
CATHERINE ST
B
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OXFORD PL
EDGEMOOR LA
W
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HARVARD PL
BOOL ST
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FA
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CR-1 CR-1
CR-1
CR-1
CR-1
CR-2
CR-2
CR-2 CR-2
CR-2
CR-2
CR-2
CR-2
CR-2
CR-3
CR-3
CR-3
CR-3
CR-3
CR-3CR-3
CR-3
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
MU-1MU-1
MU-2
MU-2
MU-2
MU-2
1Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
325-45.1 General Provisions
A. Short Title
This section shall be known as the “Collegetown Area Form Districts.”
B. Intent
The intent of this section is to implement the 2009 Collegetown Urban Plan & Conceptual Design Guidelines, endorsed
by the Common Council on August 5, 2009. This section establishes the zoning regulations necessary to guide imple-
mentation of the City-endorsed vision for the redevelopment of property within the Collegetown area. Specifically, the
Collegetown Area Form Districts are intended to:
(1) Encourage exceptional urban design and high-quality construction;
(2) Regulate elements of building form to ensure a consistent transition between districts;
(3) Concentrate additional development in the central areas of Collegetown and protect the character of the
established residential neighborhoods;
(4) Preserve and enhance green space that is a vital ecological, recreational, and aesthetic component of the urban
environment; and
(5) Promote attractive, walkable neighborhoods that prioritize accommodation of modes of transportation other
than single-occupancy automobiles.
C. Applicability
(1) No building or part thereof within any district of the Collegetown Area Form Districts shall be erected, moved,
or altered on its exterior unless in conformity with the regulations herein specified for the district in which it is
located.
(2) In the event that provisions of the Collegetown Area Form Districts conflict with other sections of the City
Municipal Code, the Collegetown Area Form Districts shall prevail.
(3) In cases of nonconforming uses, buildings, and lots, refer to Chapter 325 Zoning, Article VI.
D. Design Review and Approval Required
(1) All new construction (including parking lot construction or expansion) is subject to the design review process
set forth in Chapter 160, Design Review, of the City Municipal Code.
(2) No building permit shall be issued or structure or building shall be erected, and no exterior of an existing
building or structure shall be altered, remodeled, enlarged or extended until the project or development has
design review approval.
E. Landmarks Preservation Commission
Regardless of the underlying zoning, all new construction (including additions) within a designated local historic district
or on the same tax parcel as an individually designated local landmark is subject to review and approval by the Ithaca
Landmarks Preservation Commission for compliance with Sections 228-5(B) and (C) of the City Municipal Code.
2 Collegetown Area Form Districts January 6, 2014DRAFT
F. Other Applicable Sections
The following sections of Chapter 325 shall apply in the CR and MU districts. Those sections of Chapter 325 not listed
below do not apply within the CR and MU districts.
(1) § 325-2. Statutory authority, and purpose.
(2) § 325-3. Definitions, and word usage, except as modified in § 325-45.2 (B), Definitions and Related Standards.
(3) § 325-4. Establishment of districts.
(4) § 325-5. Zoning Map.
(5) § 325-6. Interpretation of boundaries.
(6) § 325-7. Application of regulations.
(7) § 325-8. District regulations.
(8) § 325-9. Standards. (Special Permits)
(9) § 325-10. Accessory Apartments.
(10) § 325-14. Application.
(11) § 325-15. Use regulations.
(12) § 325-16. Height regulations, except as expressly modified in this section.
(13) § 325-17. Area regulations.
(14) § 325-18. Yard regulations.
(15) § 325-20. Off-street parking.
(16) § 325-23. General standards applying to all land uses.
(17) § 325-25. Location of accessory structures.
(18) § 325-26. New structures along streams or inlets.
(19) § 325-29. Landmarks.
(20) § 325-29.1. Adult uses.
(21) § 325-29.3. Dumpsters.
(22) ARTICLE VA. Telecommunications Facilities, and Services.
(23) ARTICLE VI. Nonconforming Uses, Buildings, and Lots.
(24) ARTICLE VII. Administration and Enforcement.
(25) ARTICLE IX. Amendments.
(26) ARTICLE X. Penalties.
3Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
325-45.2 District Standards
A. Establishment of Districts
Six zoning districts are established for the Collegetown area. These districts are as follows:
Abbreviation District
CR-1 Collegetown Residential 1
CR-2 Collegetown Residential 2
CR-3 Collegetown Residential 3
CR-4 Collegetown Residential 4
MU-1 Mixed Use 1
MU-2 Mixed Use 2
B. Definitions and Related Standards
The definitions of §325-3 shall control, except where a definition is provided below.
(1) Blank Wall
(a) Length of blank wall area means a portion of the exterior facade of the building that does not include:
windows or doors; columns or pilasters; other articulation greater than 12 inches in depth; or a substantial
material change (paint color is not considered a substantial change).
(b) Maximum length of blank wall applies in both a vertical and horizontal direction on street-facing facades.
The shortest dimension of any rectangular area of blank wall shall not exceed the maximum length for the
district (8’ in all Collegetown Residential districts and 12’ in both Mixed Use districts).
BlankWall
Blank Wall
Blank Wall
(2) Building Height
(a) The existing definition of building height shall apply (refer to § 325-3 - “Height of Building”).
(b) Building heights in the CR and MU districts are regulated using feet and stories.
(c) The only parts of the building which may exceed the maximum building height are bulkheads, housing for
mechanical equipment, towers and similar constructions not intended for human occupancy, provided that
the requirements of §325-45.2B(10) are met.
(3) Building Projections
No part of any building shall encroach into any setback, except as described below:
(a) Overhanging eaves and bay windows may project up to 2 feet into any required setback
(b) In CR districts, awnings and balconies may extend up to 5 feet into any required setback provided that
such extension is at least 2 feet from the vertical plane of any lot line.
4 Collegetown Area Form Districts January 6, 2014DRAFT
(4) Doors and Entries
(a) An entrance providing both ingress and egress, operable to residents or customers, is required to meet the
street-facing entrance requirements. Additional entrances off another street, pedestrian area or internal
parking area are permitted.
(b) The entrance spacing requirements must be met for each building.
Entrance
separation
requir
ement
(5) Front Porches
(a) A front porch must be a minimum of 6 feet deep, not including steps.
(b) A front porch must cover at least 33% of the street-level story facade width of the building.
(c) A front porch must be roofed and edged by balustrades (railings) or low walls, and posts that extend up to
the roof. The entire front porch must be of open air construction with all exterior faces being at least 50%
open.
6’Min 33%min
Se
t
b
a
c
k
(6) Front Stoops
(a) A front stoop shall be a maximum of 5 feet deep, not including steps, and a maximum of 6 feet wide.
(b) A front stoop may be roofed but not enclosed.
5’
max
6’
max
Se
t
b
a
c
k
(7) Glazing
(a) When required, glazing is the minimum percentage of transparent windows and doors that must cover a
street-level story’s street-facing facade.
(b) Glazing is considered transparent where it has a transparency higher than 80% and external reflectance of
less than 15%.
5Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
(c) Glazing is measured between 2 and 12 feet above the abutting sidewalk.
Gl
a
z
i
n
g
12’
2’
(8) Infill Development in MU Districts
(a) More than one principal structure is permitted on a parcel in the MU districts provided that the first
principal structure meets all requirements of §325-45.
(b) Any additional principal structure placed behind a principal structure that abuts the street and sidewalk
must meet all requirements of §325-45 except:
(1) Front setback;
(2) Distance between functioning entries;
(3) Glazing (MU-2 district only); and
(4) Street-level active uses required (MU-2 district only)
(c) If the above requirements are met, §325-8B(1) shall not apply to additional structures on a parcel in the
MU districts.
(9) Parking Setback
(a) Definition: A line which extends vertically and parallel to the street, in front of which parking on the site
is not allowed.
(b) All parking areas shall be located behind the parking setback line.
(c) The parking setback line does not apply to on-street parking.
(10) Required Vegetative Buffer
(a) A minimum 10 foot vegetative buffer from the rear property line is required for all properties within CR-
1, CR-2, and CR-3 districts.
(b) Accessory structures can be located within the vegetative buffer but must conform to required rear and side
yard setbacks.
(c) Required landscaping must be permanently maintained in a healthy growing condition at all times.
(11) Top Story Limitation
A habitable 3rd story in CR-1, CR-2, and CR-3 districts must be fully contained within a pitched roof. Project-
ing eaves and dormers are permitted. The aggregate width of the dormers cannot exceed 50% of the width of
the roof on the side where the dormer(s) are located, except as may be allowed by design review.
(12) Row House
(a) Definition: A residential structure composed of three or more attached modules with shared sidewalls, the
facade of each module measuring no more than 25-feet in length and maintaining a uniform setback from
the street line. Modules within a row house may consist of a single dwelling unit or may contain multiple
vertically-stacked dwelling units. Each module must have one street-facing entry.
(13) Utilities and Mechanical Equipment
All utilities and mechanical equipment must be screened from public view.
(a) Incorporation of mechanicals into stories with occupiable space is encouraged; if this is done, mechanicals
will be calculated as part of building height.
(b) Alternatively, mechanicals will not be measured as part of building height, provided that:
(1) The mechanical equipment is not incorporated into stories with occupiable space;
(2) The mechanical equipment is architecturally integrated into the building; and
(3) The mechanical equipment is less than one-third of the building footprint and does not exceed 9 feet
in height above the roof.
6 Collegetown Area Form Districts January 6, 2014DRAFT
C. Collegetown Area Form Districts
DRYDEN RD
OAK
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HOY RD
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ITH
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COOK ST
IRVING
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VALLEY RD
MILLER ST
MAPLE AVE
WILLIAMS ST
E SENECA ST
FA
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E BUFFALO ST
CATHERINE ST
B
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OXFORD PL
EDGEMOOR LA
W
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HARVARD PL
BOOL ST
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FA
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CR-1 CR-1
CR-1
CR-1
CR-1
CR-2
CR-2
CR-2 CR-2
CR-2
CR-2
CR-2
CR-2
CR-2
CR-3
CR-3
CR-3
CR-3
CR-3
CR-3CR-3
CR-3
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
MU-1MU-1
MU-2
MU-2
MU-2
MU-2
7Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
D. Maximum Height (in stories) Map
(1) Building heights in the CR and MU districts are regulated using feet and stories. A table illustrating the range
of height appears below:
MAX. & MIN. HEIGHT IN STORIES & FEET
District Max.
Stories
Min.
Stories Max. Feet Min. Feet
CR-1 3*2 35’19’
CR-2 3*2 35’19’
CR-3 3*2 35’19’
CR-4 4 2 45’19’
MU-1 5 3 70’30’
MU-2 6 4 80’45’
* Top Story Limitation - A habitable 3rd story in CR-1, CR-2, and CR-3 districts must be fully contained
within a pitched roof.
OAK AVE
DRYDEN RD
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CO
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MITCHELL ST
BL
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OXFOR
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HOLLI STER
D
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E SENECA ST
MAP LE AVE
WILLIAMS ST
MILLER ST
FROSH ALLEY
E BUFFALO ST
ON
E
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D
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P
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CASCADI
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3 3
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44
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6
8 Collegetown Area Form Districts January 6, 2014DRAFT
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9Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
OAK AVE
DRYDEN RD
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MITCHELL ST
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B
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M
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HOLLIS
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D
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E SENECA ST
MAPLE AVE
WILLIAMS ST
MILLER ST
FROSH ALLEY
E BUFFALO ST
ON
E
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P
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CASCADIL
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ORCHARD PL
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CR-1 CR-1
CR-1
CR-1
CR-1
CR-2CR-2
CR-2 CR-2
CR-2
CR-2
CR-2
CR-2
CR-2
CR-3
CR-3
CR-3
CR-3
CR-3
CR-3
CR-3CR-3
PURPOSE & INTENT
The Collegetown Residential 1-3 (CR-1, CR-2,
CR-3) districts contain predominantly residential
structures occupied as single-family homes, as
duplexes, or as multiple residences often rented by
university students. The intent is to maintain the
existing housing stock. Significant redevelopment
within these districts is neither anticipated nor
encouraged.
Any new construction shall be similar in form and
scale, and the zoning requirements of these dis-
tricts are intended to protect the character of the
established residential neighborhoods. Mandatory
architectural elements, such as front porches and
pitched roofs, ensure that new construction is in
keeping with the existing built environment. All
three districts have a maximum building height
of three stories, provided that the third story is
completely contained within the required pitched
roof. In addition, buildings cannot exceed 35 feet
in height.
The Collegetown Residential 1-3 districts accom-
modate single-family, two-family, and multi-
family uses, depending on the district. Denser
residential uses are permitted in those areas closer
to central Collegetown.
E. Collegetown Residential (CR-1, CR-2, CR-3)
Viewpoint of intent illustration above
10 Collegetown Area Form Districts January 6, 2014DRAFT
LOT CRITERIA SITING
LOT SIZE
A Area, min
1. One-family detached dwelling 4,000 sf
2. Other uses 5,500 sf
B Width at street line, min
1. One-family detached dwelling 45’
2. Other uses 50’
LOT COVERAGE
C Lot coverage by buildings, max 30%
D Green space, min 35%
MIN OFF-STREET PARKING
1. Residence
a. Up to 3 bed or sleeping rooms 1 space
b. 4 and 5 bed or sleeping rooms 2 spaces
c. Each add’l bed or sleeping room 1 space
2. Home occupation 1 space
3. Other uses See §325-
20D(3)(b)
PRINCIPAL BUILDING
A Front setback, min 10’
B Side setback, min 5’
C Rear setback (whichever is less), min 20’ or 20%
of lot depth
Spacing between primary structures on
same parcel, min 20’
ACCESSORY STRUCTURE
D Side setback, min 5’
E Rear setback, min 5’
F Square footage of footprint, max 500 sf
PARKING LOCATION
G Garage setback from front facade, min 20’
H Parking setback at front
facade
(1) Collegetown Residential 1 (CR-1)
Street
Stree
t
C
C
D
B
A
Street
Stre
e
t
C
EH
A
B
A
D
D
F
G
11Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
HEIGHT ACTIVATION
PRINCIPAL BUILDING
A Height (stories/feet), max 3/35’
B Height (stories/feet), min 2/20’
Habitable space in the 3rd story must be fully
contained within the pitched roof. See §325-
45.2B(11)
ACCESSORY STRUCTURE
C Height, (stories/feet), max 2/20’
FLOOR HEIGHT (PRINCIPAL BUILDING)
D Street-level (floor to floor), min 9’
E 2nd story (floor to floor), min 9’
ROOF
F Pitched roof Required
Shed roof not allowed as primary roof
G Pitch of principal gable, min/max 6:12/12:12
STREET FACADE
A Length of blank wall, max 8’
DOORS AND ENTRIES
B Functioning entry on the street-facing
facade, min
1
For corner lots, one functioning entry is required on
a street-facing facade
PORCH
C Front porch Required
Street
Stre
e
t
F
A
BD
E
G
C
Street
Stre
e
t
B
C
A
(1) Collegetown Residential 1 (CR-1)
12 Collegetown Area Form Districts January 6, 2014DRAFT
(2) Collegetown Residential 2 (CR-2)
LOT SIZE
A Area, min
1. One-family or two-family dwelling 4,000 sf
2. Other uses 5,500 sf
B Width at street line, min
1. One-family or two-family dwelling 45’
2. Other uses 50’
LOT COVERAGE
C Lot coverage by buildings, max 35%
D Green space, min 35%
MIN OFF-STREET PARKING
1. Residence
a. Up to 3 bed or sleeping rooms 1 space
b. 4 and 5 bed or sleeping rooms 2 spaces
c. Each add’l bed or sleeping room 1 space
2. Home occupation 1 space
3. Other uses See §325-
20D(3)(b)
PRINCIPAL BUILDING
A Front setback, min 10’
B Side setback, min 5’
C Rear setback (whichever is less), min 20’ or 20%
of lot depth
Spacing between primary structures
on same parcel, min 20’
ACCESSORY STRUCTURE
D Side setback, min 3’
E Rear setback, min 3’
F Square footage of footprint, max 500 sf
PARKING LOCATION
G Garage setback from front facade, min 20’
H Parking setback at front
facade
LOT CRITERIA SITING
Street
Stre
e
t
E
A
A
H
G
B
C
D
D
F
B
Street
Stre
e
t
C
D
A
C
13Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
PRINCIPAL BUILDING
A Height (stories/feet), max 3/35’
B Height (stories/feet), min 2/20’
Habitable space in the 3rd story must be fully
contained within the pitched roof. See §325-
45.2B(11)
ACCESSORY STRUCTURE
C Height, (stories/feet), max 2/20’
FLOOR HEIGHT (PRINCIPAL BUILDING)
D Street-level (floor to floor), min 9’
E 2nd story (floor to floor), min 9’
ROOF
F Pitched roof Required
Shed roof not allowed as primary roof
G Pitch of principal gable, min/max 6:12/12:12
STREET FACADE
A Length of blank wall, max 8’
DOORS AND ENTRIES
B Functioning entry on the street-facing
facade, min
1
For corner lots, one functioning entry is required on
a street-facing facade
PORCH
C Front porch Required
HEIGHT ACTIVATION
B
A
C
Street
Stre
e
t
F
D
E
G
Street
Stre
e
t
A
B
C
(2) Collegetown Residential 2 (CR-2)
14 Collegetown Area Form Districts January 6, 2014DRAFT
(3) Collegetown Residential 3 (CR-3)
LOT SIZE
A Area, min
1. One-family or two-family dwelling 3,000 sf
2. Multiple dwelling and other uses 3,500 sf
B Width at street line, min
1. One-family or two-family dwelling 30’
2. Multiple dwelling and other uses 40’
LOT COVERAGE
C Lot coverage by buildings, max 40%
D Green space, min 30%
MIN OFF-STREET PARKING
1. Residence
a. Up to 3 bed or sleeping rooms 1 space
b. 4 and 5 bed or sleeping rooms 2 spaces
c. Each add’l bed or sleeping room 1 space
2. Home occupation 1 space
3. Other uses See §325-
20D(3)(b)
PRINCIPAL BUILDING
A Front setback, min 10’
B Side setback, min 5’
C Rear setback (whichever is less), min 20’ or 20%
of lot depth
Spacing between primary structures
on same parcel, min 10’
ACCESSORY STRUCTURE
D Side setback, min 3’
E Rear setback, min 3’
F Square footage of footprint per unit,
max 500 sf
PARKING LOCATION
G Garage setback from front facade, min 20’
H Parking setback at front
facade
LOT CRITERIA SITING
Street
Stre
e
t
H
G
A
A
B
C
E
D
D
F
B
Street
Stre
e
t
C
C
C
D
A
15Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
PRINCIPAL BUILDING
A Height (stories/feet), max 3/35’
B Height (stories/feet), min 2/20’
Habitable space in the 3rd story must be fully
contained within the pitched roof. See §325-
45.2B(11)
ACCESSORY STRUCTURE
C Height, (stories/feet), max 2/20’
FLOOR HEIGHT (PRINCIPAL BUILDING)
D Street-level (floor to floor), min 9’
E 2nd story (floor to floor), min 9’
ROOF
F Pitched roof Required
Shed roof not allowed as primary roof
G Pitch of principal gable, min/max 6:12/12:12
STREET FACADE
A Facade length, max 45’
B Length of blank wall, max 8’
DOORS AND ENTRIES
C Functioning entry on the street-facing
facade, min
1
For corner lots, one functioning entry is required on
a street-facing facade
PORCH
D Front porch Required
HEIGHT ACTIVATION
Street
Stre
e
t
C
A
G
D
E
B
F
Street
Stre
e
t
C
D
A
B
(3) Collegetown Residential 3 (CR-3)
16 Collegetown Area Form Districts January 6, 2014DRAFT
This Page Left Intentionally Blank
17Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
OAK AVE
DRYDEN RD
ED
D
Y
S
T
I
T
H
A
C
A
R
D
HOY RD
CO
L
L
E
G
E
A
V
E
EL
M
W
O
O
D
A
V
E
CO
R
N
E
L
L
S
T
LI
N
D
E
N
A
V
E
B
R
Y
A
N
T
A
V
E
MITCHELL ST
BL
A
I
R
S
T
DE
L
A
W
A
R
E
A
V
E
COOK ST
IRVING
P
L
WORTH ST
E
S
T
A
T
E
S
T
/
M
.
L
.
K
.
J
R
S
T
RIDGEDALE RD
FA
I
R
M
O
U
N
T
A
V
E
CATHERINE ST
OXFOR
D
P
L
HARVARD PL
B
R
A
N
D
O
N
P
L
BOOL ST
S
Q
U
A
R
R
Y
S
T
SU
M
M
I
T
A
V
E
HOLLIS
T
E
R
D
R
E SENECA ST
MAPLE AVE
WILLIAMS ST
MILLER ST
FROSH ALLEY
E BUFFALO ST
ON
E
I
D
A
P
L
CASCADIL
L
A
P
L
ORCHARD PL
DR
Y
D
E
N
C
T
MITCHELL
S
T
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
F. Collegetown Residential 4 (CR-4)
PURPOSE & INTENT
The Collegetown Residential 4 district primarily
contains multi-family dwelling units, and while
single-family and two-family residential uses
are permitted, it is expected that multi-family
residential will remain the predominant use. The
intent is this will be a medium-density residential
district, consistent with the vision outlined in the
2009 Collegetown Urban Plan & Conceptual
Design Guidelines to concentrate additional de-
velopment in the central areas of Collegetown.
This district serves as an essential bridge, both in
density and built form, between the Collegetown
Residential 1-3 and Mixed Use districts. Rede-
velopment is encouraged, but it is essential that
new construction meet the district requirements
to ensure a consistent transition between the
higher-density and lower-density zoning districts.
District regulations permit buildings of up to
4 stories and 45 feet in height; a building must
meet both requirements. Maximum lot coverage
by buildings is greater than in the Collegetown
Residential Districts 1-3 but not as high as al-
lowed in the Mixed Use Districts. In terms of
form, the district requirements provide prop-
erty owners with choices between architectural
features intended to create buildings compatible
with those in adjacent zoning districts.
Viewpoint of intent illustration above
18 Collegetown Area Form Districts January 6, 2014DRAFT
(1) Collegetown Residential 4 (CR-4)
LOT SIZE
A Area, min
1. One-family or two-family dwelling 3,000 sf
2. Multiple dwelling and other uses 3,500 sf
B Width at street line, min
1. One-family or two-family dwelling 30’
2. Multiple dwelling and other uses 40’
LOT COVERAGE
C Lot coverage by buildings, max 50%
D Green space, min 25%
MIN OFF-STREET PARKING
Buildings that fully comply with the New York State
Building Code or Residential Code for new construction:
None, provided a transportation demand manage-
ment plan is accepted by the Planning and Develop-
ment Board during site plan review
All other structures:
1.Residence
a. Up to 3 bed or sleeping rooms 1 space
b. 4 and 5 bed or sleeping rooms 2 spaces
c. Each add’l bed or sleeping room 1 space
2. Home occupation 1 space
3. Other uses See §325-
20D(3)(b)
PRINCIPAL BUILDING
A Front setback, min 10’
B Side setback, min
1. Row house 0’
2. All other structures 5’
C Rear setback (whichever is less), min 20’ or 20%
of lot depth
Spacing between primary structures on
same parcel, min 5’
ACCESSORY STRUCTURE
Side setback, min 3’
Rear setback, min 3’
Square footage of footprint per unit,
max 500 sf
PARKING LOCATION
D Garage setback from front facade, min 20’
E Parking setback at front
facade
Internal or underground parking must be wrapped
by residential on street-facing facades (except for
entries/exits) and may not be visible from a public
street.
LOT CRITERIA SITING
Street
Stre
e
t
E
D
A
A
B
C
Street
Stree
t
C D
B
A
19Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
PRINCIPAL BUILDING
A Height (stories/feet), max 4/45’
B Height (stories/feet), min 2/20’
ACCESSORY STRUCTURE
Height, (stories/feet), max 2/20’
FLOOR HEIGHT (PRINCIPAL BUILDING)
C Street-level (floor to floor), min 9’
D Upper-story (floor to floor), min 9’
ROOF
E Pitched or flat roof Allowed
STREET FACADE
A Facade length, max
1. Row house 100’
2. All other structures 45’
B Length of blank wall, max 8’
DOORS AND ENTRIES
C Functioning entry on the street-facing
facade, min
1
For corner lots, one functioning entry is required on
a street-facing facade
PORCH, STOOP OR RECESSED
ENTRY
D Front porch, stoop or recessed entry required for
each functional entry
HEIGHT ACTIVATION
Street
Stre
e
t
B
A
C
D
E
Street
Stre
e
t
C
A
D
B
(1) Collegetown Residential 4 (CR-4)
20 Collegetown Area Form Districts January 6, 2014DRAFT
This Page Left Intentionally Blank
21Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
OAK AVE
DRYDEN RD
ED
D
Y
S
T
I
T
H
A
C
A
R
D
HOY RD
CO
L
L
E
G
E
A
V
E
EL
M
W
O
O
D
A
V
E
CO
R
N
E
L
L
S
T
LI
N
D
E
N
A
V
E
B
R
Y
A
N
T
A
V
E
MITCHELL ST
BL
A
I
R
S
T
DE
L
A
W
A
R
E
A
V
E
COOK ST
IRVING
P
L
WORTH ST
E
S
T
A
T
E
S
T
/
M
.
L
.
K
.
J
R
S
T
RIDGEDALE RD
FA
I
R
M
O
U
N
T
A
V
E
CATHERINE ST
OXFOR
D
P
L
HARVARD PL
B
R
A
N
D
O
N
P
L
BOOL ST
S
Q
U
A
R
R
Y
S
T
SU
M
M
I
T
A
V
E
HOLLIS
T
E
R
D
R
E SENECA ST
MAPLE AVE
WILLIAMS ST
MILLER ST
FROSH ALLEY
E BUFFALO ST
ON
E
I
D
A
P
L
CASCADIL
L
A
P
L
ORCHARD PL
DR
Y
D
E
N
C
T
MITCHELL
S
T
MU-1MU-1
MU-2
MU-2
MU-2
MU-2
G. Mixed Use (MU-1, MU-2)
PURPOSE & INTENT
The Mixed Use districts accommodate retail,
office, service, hotel, and residential uses, and in
most cases, multiple uses will be combined within
the same building. The purpose is to create a dy-
namic urban environment in which uses reinforce
each other and promote an attractive, walkable
neighborhood.
Located in central Collegetown, the Mixed Use
districts allow the highest density within the Col-
legetown Area Form Districts. Redevelopment is
anticipated and encouraged (with the exception
of designated local landmarks), and the intent is
to concentrate the majority of additional develop-
ment within these districts.
The Mixed Use district regulations have been
designed to encourage exceptional urban design
and high-quality construction. The Mixed Use
1 district permits buildings of up to 5 stories and
70 feet in height while the Mixed Use 2 district
allows buildings of up to 6 stories and 80 feet in
height. A building cannot exceed either require-
ment. While it may be feasible to design a build-
ing with a greater number of stories within the
maximum allowed height in feet, the intent of the
district regulations is to meet both requirements.
The additional building height in feet has been
allowed for the purpose of providing adequate
space for mechanicals and accommodating high-
quality design features and finishes.
An objective of both Mixed Use districts is to create an urban form
that gives priority to pedestrians and encourages year-round com-
mercial activity at the street level. Required form elements, such
as a maximum distance between entries and a maximum length of
blank wall, activate the street-level of buildings to engage pedestri-
ans through this highly-traveled section of Collegetown. In addi-
tion, front setback requirements have been incorporated to ensure
adequate space to provide wider sidewalks, and a safer pedestrian
environment. A required 10 foot chamfer or additional setback at
corner lots within the Mixed Use 2 district will allow greater vis-
ibility and natural light at busy intersections.
Viewpoint of intent illustration above
22 Collegetown Area Form Districts January 6, 2014DRAFT
(1) Mixed Use 1 (MU-1)
LOT SIZE
A Area, min
1. One-family or two-family dwelling 3,000 sf
2. Multiple dwelling and other uses 3,500 sf
B Width at street line, min
1. One-family or two-family dwelling 30’
2. Multiple dwelling and other uses 40’
LOT COVERAGE
C Lot coverage by buildings, max 70%
D Green space, min 10%
MIN OFF-STREET PARKING
None
PRINCIPAL BUILDING
A Front setback, min 5’
B Side setback, min 5’
1. Row house 0’
2. All other structures 5’
C Rear setback, min 10’
Spacing between primary structures
on same parcel, min 5’
ACCESSORY STRUCTURE
Side setback, min 0’
Rear setback, min 0’
Square footage of footprint per unit,
max 500 sf
PARKING LOCATION
D Parking setback, from front facade,
min 30’
Internal or underground parking must be wrapped
by residential on street-facing facades (except for
entries/exits) and may not be visible from a public
street.
LOT CRITERIA SITING
Street
Stree
t
C
A
A
B
D
Street
Stre
e
t
C
D
B
A
23Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
PRINCIPAL BUILDING
A Height (stories/feet), max 5/70’
B Height (stories/feet), min 3/30’
ACCESSORY STRUCTURE
Height, (stories/feet), max 2/20’
FLOOR HEIGHT (PRINCIPAL BUILDING)
C Street-level (floor to floor), min
1. Residential 10’
2. Commercial 12’
D Upper-story (floor to floor), min 10’
ROOF
E Pitched or flat roof Allowed
STREET FACADE
A Facade length, max
1. Row house 150’
2. All other structures 75’
B Length of blank wall, max 12’
DOORS AND ENTRIES
C Distance between functioning street-
facing entries, max 35’
Commercial entries must be functioning and usable
during business hours.
RECESSED ENTRY
D Recessed entry required for each functional entry
HEIGHT ACTIVATION
Street
Stre
e
tBA
C
D
E
Street
Stre
e
t
B
A
D
C
(1) Mixed Use 1 (MU-1)
24 Collegetown Area Form Districts January 6, 2014DRAFT
(2) Mixed Use 2 (MU-2)
LOT SIZE
A Area, min 2,500 sf
B Width at street line, min 25’
LOT COVERAGE
C Lot coverage by buildings, max 100%, except as
required for rear yard
D Green space, min 0%
MIN OFF-STREET PARKING
None
PRINCIPAL BUILDING*
A Front setback, min/max 0’/2’
B Side setback, min 0’
C Rear setback, min 10’
ACCESSORY STRUCTURE
Side setback, min 0’
Rear setback, min 0’
Square footage of footprint per unit,
max 500 sf
PARKING
D Parking setback, from front facade,
min 30’
Internal or underground parking must be wrapped
by residential on street-facing facades (except for
entries/exits) and may not be visible from a public
street.
* See §325-45.2G(3) Siting Exceptions
LOT CRITERIA SITING*
Street
Stre
e
t
C
B
A
Street
Stre
e
t
CD
A
A
B
25Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
PRINCIPAL BUILDING
A Height (stories/feet), max 6/80’
B Height (stories/feet), min 4/45’
ACCESSORY STRUCTURE
Height, (stories/feet), max 2/20’
FLOOR HEIGHT
C Street-level (floor to floor), min 12’
D Upper-story (floor to floor), min 10’
ROOF
E Flat roof Required
STREET FACADE
A Glazing, street-level story facade, min 65%
B Length of blank wall, max 12’
DOORS AND ENTRIES
C Distance between functioning street-
facing entries, max 60’
Commercial entries must be functioning and usable
during business hours.
HEIGHT ACTIVATION
Street
Stree
tBA
C
D E
Street
Stre
e
t
C B
A
D
(2) Mixed Use 2 (MU-2)
26 Collegetown Area Form Districts January 6, 2014DRAFT
(3) Siting Exceptions
The siting requirements for the MU-2 district are subject to the following exceptions:
(a) In order to accommodate wider sidewalks and create a more pedestrian-friendly environment, a setback of
a minimum of 5 feet and a maximum of 7 feet from the property line that abuts Dryden Road is required
for all properties on the south side of the 100 and 200 blocks of Dryden Road as designated on the map
below.
ED
D
Y
S
T
DRYDEN RD
CO
L
L
E
G
E
A
V
E
OAK AVE
LI
N
D
E
N
A
V
E
COOK ST
B
R
Y
A
N
T
A
V
E
CATHERINE ST
D
E
L
A
W
A
R
E
A
V
E
SU
M
M
I
T
A
V
E
HOLLISTER DR
CASCAD
I
L
L
A
P
L
HARVARD PL
DR
Y
D
E
N
C
T
BL
A
I
R
S
T
MU-2
MU-2
MU-2
MU-2
(b) Buildings at all corner lots within the MU-2 district shall be chamfered at least 10 feet from the corner or
setback a minimum of 5 feet from both street frontages. If chamferred, the chamfer shall extend from the
ground to the top of the building, except for any stories that are stepped back beyond that dimension.
(c) All street-facing facades on corner lots shall be considered front facades.
27Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
325-45.3 Allowed Uses
A. Use Table
District Permitted Primary Use Permitted Accessory Use
CR-1 1. One-family detached dwelling occupied
by:
a. An individual or family or func-
tional family (see §325-3) plus not more
than one unrelated occupant, or
b. If dwelling is owner occupied, an
individual or family plus not more than
two unrelated occupants
2. Church and related buildings
3. Public park or playground
4. Library or fire station
By Special Permit of Board of Zoning Ap-
peals (§325-9):
5. Cemetery and related buildings
6. Public utility structure except office
7. Schools (all) and related buildings
1. Required off-street parking
2. Private garage for not more than 3 cars
3. Structures for construction purposes, not to remain
over 2 years
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 City Municipal Code)
5. By Special Permit: Towers or structures for receipt
or transmission of electronic signals for commercial
purposes or for generation of electricity to be used
on the premises where generated in any district
(see §325-9). Except for personal wireless services
facilities.
6. By Special Permit: An accessory apartment (see
§325-10). Permit required in all use districts.
7. Adult day care home
8. Home occupations: Special Permits required in
certain situations (see §325-9C{i}).
CR-2 1. One-family detached or semi-detached
dwelling occupied by an individual or
family or functional family plus not
more than two unrelated occupants
2. Two-family dwelling, each unit of which
may be occupied by an individual or
family plus not more than two unrelated
occupants.
3. Church and related buildings
4. Library or fire station
5. Public park or playground
By Special Permit of Board of Zoning Ap-
peals:
6. Bed and breakfast home
7. Cemetery and related buildings
8. Neighborhood commercial facility (see
§325-3)
9. Nursery school, child day care center,
group adult day care facility
10. Public utility structure except office
11. Schools (all) and related buildings
1. Required off-street parking
2. Private garage for not more than 3 cars
3. Structures for construction purposes, not to remain
over two years
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 City Municipal Code)
5. By Special Permit: Towers or structures for receipt
or transmission of electronic signals for commercial
purposes or for generation of electricity to be used
on the premises where generated in any district
(see §325-9). Except for personal wireless services
facilities.
6. By Special Permit: An accessory apartment (see
§325-10). Permit required in all use districts.
7. Adult day care home
8. Home occupations: Special Permits required in
certain situations (see §325-9C{i}).
28 Collegetown Area Form Districts January 6, 2014DRAFT
District Permitted Primary Use Permitted Accessory Use
CR-3 1. One-family detached, semi-detached,
or attached dwelling or two-family
dwelling
2. Cooperative household (see §325-3)
3. Multiple dwelling (see §325-3)
4. Rooming or boarding house
5. Row house, townhouse or garden
apartment housing
6. Church and related buildings
7. Library or fire station
8. Nursery school, child day care center,
group adult day care
9. Nursing, convalescent or rest home
10. Public park or playground
By Special Permit of Board of Zoning Ap-
peals:
11. Bed and breakfast home
12. Cemetery and related buildings
13. Hospital or sanatorium
14. Inn
15. Neighborhood commercial facility (see
§325-3)
16. Public utility structure except office
17. Schools (all) and related buildings
1. Required off-street parking
2. Private garage for not more than 4 cars
3. Structures for construction purposes, not to remain
over two years
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 City Municipal Code)
5. By Special Permit: Towers or structures for receipt
or transmission of electronic signals for commercial
purposes or for generation of electricity to be used
on the premises where generated in any district
(see §325-9). Except for personal wireless services
facilities.
6. By Special Permit: An accessory apartment (see
§325-10). Permit required in all use districts.
7. Adult day care home
8. Home occupations: Special Permits required in
certain situations (see §325-9C{i}).
9. Neighborhood parking area subject to regulations of
§325-20(B)
CR-4
1. One-family detached, semi-detached,
or attached dwelling or two-family
dwelling
2. Cooperative household (see §325-3)
3. Multiple dwelling (see §325-3)
4. Rooming or boarding house
5. Row house, townhouse or garden
apartment housing
6. Church and related buildings
7. Library or fire station
8. Nursery school, child day care center,
group adult day care
9. Nursing, convalescent or rest home
10. Public park or playground
By Special Permit of Board of Zoning Ap-
peals:
11. Bed and breakfast home
12. Cemetery and related buildings
13. Hospital or sanatorium
14. Inn
15. Neighborhood commercial facility (see
§325-3)
16. Public utility structure except office
17. Schools (all) and related buildings
1. Required off-street parking
2. Private garage for not more than 4 cars
3. Structures for construction purposes, not to remain
over two years
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 City Municipal Code)
5. By Special Permit: Towers or structures for receipt
or transmission of electronic signals for commercial
purposes or for generation of electricity to be used
on the premises where generated in any district
(see §325-9). Except for personal wireless services
facilities.
6. By Special Permit: An accessory apartment (see
§325-10). Permit required in all use districts.
7. Adult day care home
8. Home occupations: Special Permits required in
certain situations (see §325-9C{i}).
9. Neighborhood parking area subject to regulations of
§325-20(B)
29Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
District Permitted Primary Use Permitted Accessory Use
MU-1
1. One-family detached, semi-detached,
or attached dwelling or two-family
dwelling
2. Bed and breakfast homes
3. Cooperative household (see §325-3)
4. Multiple dwelling (see §325-3)
5. Rooming or boarding house
6. Row house, townhouse or garden
apartment housing
7. Cemetery and related buildings
8. Church and related buildings
9. Library or fire station
10. Nursery school, child day care center,
group adult day care
11. Nursing, convalescent or rest home
12. Public utility structure except office
13. Public park or playground
14. Schools (all) and related buildings
15. Business or professional office
16. Bank or monetary institution
17. Club, lodge, or private social center
18. Confectionery, millinery, dressmaking
and other activities involving light hand
fabrication as well as sales
19. Funeral home or mortuary
20. Hospital or sanatorium
21. Hotel
22. Inn
23. Neighborhood commercial facility (see
§325-3)
24. Office of government
25. Public, private, or parochial school
26. Retail store or service commercial
facility
27. Restaurant, fast food establishment,
tavern
28. Theater, bowling alley, auditorium or
other similar place of public assembly
1. Required off-street parking
2. Private garage for not more than 4 cars
3. Structures for construction purposes, not to remain
over two years
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 City Municipal Code)
5. By Special Permit: Towers or structures for receipt
or transmission of electronic signals for commercial
purposes or for generation of electricity to be used
on the premises where generated in any district
(see §325-9). Except for personal wireless services
facilities.
6. By Special Permit: An accessory apartment (see
§325-10). Permit required in all use districts.
7. Adult day care home
8. Home occupations: Special Permits required in
certain situations (see §325-9C{i}).
9. Neighborhood parking area subject to regulations of
§325-20(B)
30 Collegetown Area Form Districts January 6, 2014DRAFT
District Permitted Primary Use Permitted Accessory Use
MU-2
1. One-family detached, semi-detached,
or attached dwelling or two-family
dwelling
2. Bed and breakfast home
3. Cooperative household (see §325-3)
4. Multiple dwelling (see §325-3)
5. Rooming or boarding house
6. Row house, townhouse or garden
apartment housing
7. Cemetery and related buildings
8. Church and related buildings
9. Library or fire station
10. Nursery school, child day care center,
group adult day care
11. Nursing, convalescent or rest home
12. Public utility structure except office
13. Public park or playground
14. Schools (all) and related buildings
15. Business or professional office
16. Bank or monetary institution
17. Club, lodge, or private social center
18. Confectionery, millinery, dressmaking
and other activities involving light hand
fabrication as well as sales
19. Funeral home or mortuary
20. Hospital or sanatorium
21. Hotel
22. Inn
23. Neighborhood commercial facility (see
§325-3)
24. Office of government
25. Parking garage
26. Public, private, or parochial school
27. Retail store or service commercial
facility
28. Restaurant, fast food establishment,
tavern
29. Theater, bowling alley, auditorium or
other similar place of public assembly
1. Required off-street parking
2. Private garage for not more than 4 cars
3. Structures for construction purposes, not to remain
over two years
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 City Municipal Code)
5. By Special Permit: Towers or structures for receipt
or transmission of electronic signals for commercial
purposes or for generation of electricity to be used
on the premises where generated in any district
(see §325-9). Except for personal wireless services
facilities.
6. By Special Permit: An accessory apartment (see
§325-10). Permit required in all use districts.
7. Adult day care home
8. Home occupations: Special Permits required in
certain situations (see §325-9C{i}).
9. Neighborhood parking area subject to regulations of
§325-20(B)
10. Employee, customer, or public parking areas (see
§325-20)
31Collegetown Area Form DistrictsJanuary 6, 2014DRAFT
B. Street-Level Active Uses Required
(1) Within the MU-2 district, active uses are required on the street-level of all buildings fronting on those portions
of College Avenue, Dryden Road, and Eddy Street designated on the map below.
(2) Active street-level uses are one of the keys to vitality of the Collegetown core area. Active uses are defined as:
(a) Retail store or service commercial facility
(b) Restaurant, fast food establishment, or tavern
(c) Theater, bowling alley, auditorium or other similar places of public assembly
(d) Hotel
(e) Library or fire station
(f) Public park or playground
(g) Bank or monetary institution
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Legend CR-1 CR-2 CR-3 CR-4 MU-1 MU-2 No Change Proposed Historic Designation East Hill Historic District
1/6/14
Collegetown Area Form Districts - Transportation Demand Management Plan Guidelines
Properties within the CR-4 district shall have no minimum off-street parking requirement, provided that:
(1) The buildings fully comply with New York State Building Code or New York State Residential
Code for new construction; and
(2) A transportation demand management plan is accepted by the Planning and Development
Board during the site plan review process.
The City of Ithaca Planning and Development Board may require a transportation demand management
plan for other properties during the site plan review process.
In the transportation demand management plan, the applicant shall address the following:
(1) Transportation impacts of the project;
(2) Transportation alternatives available to building occupants;
(3) Number and location of any off-street parking spaces;
(4) Number and location of any bicycle parking spaces and bicycle storage;
(5) Number and location of any loading and delivery spaces;
(6) Availability of sufficient handicapped accessible parking in the area that is located on an
accessible route to the project;
(7) Steps that will be taken to encourage use of alternate modes of transportation (other than
single-occupancy vehicles);
(8) If residential, management of move in and move out of residents
10. CITY ADMINISTRATION COMMITTEE:
10.1 City Attorney’s Office – A Local Law entitled “2014 Sidewalk Improvement
District Amendments Concerning Certain Vacant Lots”
WHEREAS, the City amended Section C-73 of the City Charter in 2013 by creating five
Sidewalk Improvement Districts (each a “SID”) for the construction and repair of
sidewalk, and assessing each property located in each SID for the benefits received by
the property from said local improvements, and
WHEREAS, the Common Council concludes that it is appropriate to adjust the
assessments for certain small, vacant lots under the SID assessment formula to more
accurately reflect the benefits from the sidewalk construction and repair received by
those properties, and
WHEREAS, certain other amendments to Section C-73 are desirable in order to
improve the SID system, and
WHEREAS, pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of
Ithaca is authorized to adopt a local law relating to the authorization, making,
confirmation, and correction of benefit assessments for local improvements, now,
therefore
Local Law No. ____-2014
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is
authorized to adopt a local law relating to the authorization, making, confirmation, and
correction of benefit assessments for local improvements. The Common Council
concludes that certain adjustments to the SID assessment formula are appropriate.
The Common Council makes the following findings of fact:
A. Vacant lots located in a SID receive a benefit from the SID system, which
may include relief from the responsibility for constructing or repairing the
sidewalk located adjacent to the lot and an increase in market value from
the presence of a high-quality sidewalk network around the property.
B. Although small, vacant lots are already assessed a reduced amount due
to the lack of any buildings located on the lot, it is equitable to further
reduce the fee assessed to certain smaller, vacant lots to better reflect the
benefit received from the SID system by those lots.
Section 2. Charter Amendments.
Section C-73(C) of the Ithaca City Charter is hereby amended as follows:
C. Assessment Formula.
(1) Definitions.
ANNUAL MAINTENANCE FEE
The Annual Maintenance Fee for Non-Developable Lots
and Sliver Lots is zero dollars ($0.00); for Low-Foot-
Traffic Lots, it is seventy dollars ($70.00); and for all other
Lots, it is one hundred and forty dollars ($140.00).
BUILDING SQUARE FOOTAGE
The total square footage of all buildings on a Lot as
recorded by the Tompkins County Department of
Assessment.
COST OF PAST WORK
The total sum, including labor and materials, actually paid for
Past Work; provided, however, that none of the following
shall be included: (i) costs exceeding fifteen dollars ($15.00)
per square foot of Past Work completed; or, (ii) any
overhead fee, interests or penalties imposed for failure to
perform Sidewalk Construction or Repair pursuant to the
Charter or City Code, including but not limited to Section C-
73.1(E) of the Charter.
FRONT FEET
The length of perimeter, measured in feet, by which a Lot
abuts the line of the public street or streets; provided that, if
a Lot’s perimeter along the line of the public street or
streets is bisected such that a portion of the perimeter is
within a SID and a portion of the perimeter is not located
within any SID, only that portion of the perimeter within
a SID shall be included; and provided further that a
Sliver Lot’s Front Feet shall be deemed to be the lesser
of (i) the Lot’s actual Front Feet or (ii) one hundred and
ten (110) feet.
LOT
Lot or parcel of land, as set forth by the current City of Ithaca
Tax Maps on file with the Tompkins County Department of
Assessment.
LOT SQUARE FOOTAGE
The total area of a Lot measured in square feet, as
recorded by the Tompkins County Department of
Assessment, or as otherwise calculated by that
Department.
LOW-FOOT-TRAFFIC LOTS
Those Lots, qualifying neither as Sliver Lots nor as Non-
Developable Lots, with a Property Class Code of 210, 215,
220, 240, 250, [or] 270, 311, or 312, or substantially identical
successor designations.
NON-DEVELOPABLE LOTS
Those Vacant Lots not qualifying as Sliver Lots with a
Lot Square Footage less than the lowest minimum lot
size requirements for any development under the City of
Ithaca Zoning Ordinance for the zoning district in which
the Lot is located, as certified by the Director of
Planning and Development or his or her designee
pursuant to Subsection (C)(3) hereof; provided,
however, that if a zoning district has more than one
minimum lot size, the relevant minimum lot size for this
purpose shall be the smallest minimum lot size for that
zoning district that is not subject to adjustments for
residency or number of units.
PAST WORK
Sidewalk Construction or Repair performed on a Lot located
in and subject to assessments as part of a Sidewalk
Improvement District, and permitted by and performed in
accordance with the general drawings and specifications
established by the Office of City Engineer, provided that
such work is (i) performed at the cost of the property owner
of the Lot upon which the work is performed or (ii) funded by
documented contributions made to a business improvement
district established by Chapter 149 of the City Code by the
property owner of a Lot located in said business
improvement district for the sole purpose of performing
Sidewalk Construction and Repair; and provided further that
work completed as required by a site plan review pursuant to
Chapter 276 of the City Code is excluded.
PROPERTY CLASS CODE
The property type classification code, as defined by the New
York State Office of Real Property Services in the
Assessors’ Manual, or such other substantially similar
documentation later produced by that office, assigned to
a Lot by the Tompkins County Department of Assessment,
as may be updated by that Department from time to time.
SIDEWALK CONSTRUCTION OR REPAIR
Construction or repair of any public sidewalk or footpath
intended for the use of pedestrians in a City park or
approximately following along the line of the public street or
streets upon which the Lot fronts, including but not limited to
sidewalk curb cuts and curb accessibility ramps, and, other
actions determined by the Board of Public Works to be
necessary to the construction or repair of said sidewalk or
footpath, including but not limited to, any paving, earth work,
drainage, and appurtenances; provided, however, that the
construction or repair of driveway cuts, aprons, or a
pedestrian mall (as that term is defined in Section C-89(B) of
the Charter) is excluded.
SLIVER LOTS
Those Vacant Lots with a Lot Square Footage equal to
two thousand (2,000) square feet or less.
[SQUARE FOOTAGE
The total square footage of all buildings on a Lot as recorded
by the Tompkins County Department of Assessment.]
VACANT LOTS
Those Lots with a Property Class Code between 300 and
399, or substantially identical successor designations.
(2) Each Lot in a SID shall be annually assessed for work to be
performed in the district as follows: Annual Maintenance Fee plus
Square Footage Fee plus Frontage Fee less Past Work Reduction.
(a) Square Footage Fee. The Square Footage Fee for all Low-
Foot-Traffic Lots shall be $0.00. For all other Lots, the Lot’s
Square Footage Fee shall be equal to the Lot’s Building
Square Footage times $0.015.
(b) Frontage Fee. The Frontage Fee for all Low-Foot-Traffic
Lots shall be $0.00. For all other Lots, the Frontage Fee
shall be $30.00 for each fifty-five (55) feet of Front Feet or
portion thereof.
(c) Past Work Reduction. A Lot’s assessment under this Section
shall be reduced as set forth herein.
[1] A Lot is eligible for a reduction for the Cost of Past
Work for twenty (20) years from the date the Past
Work was substantially completed (“Reduction
Period”). In each year of the Reduction Period for
which an assessment, if any, is made pursuant to this
Section, the Lot’s Past Work Reduction shall be an
amount equal to one-twentieth (1/20) of the Cost of
Past Work. Should the allowable reduction for the
Cost of Past Work be greater than a Lot’s assessment
under this Section in any given year, the Lot owner
shall not be entitled to the difference, and the
difference shall not apply to the assessment for any
other year.
[2] The Lot owner must provide sufficient evidence to the
Superintendent of Public Works or his or her designee
of the nature and location of the Past Work
performed, the Cost of the Past Work, and the date
the Past Work was substantially completed. Such
evidence must be provided no later than May 1 of the
year preceding the fiscal year for which the owner
seeks a Past Work reduction; provided, however, that
in the first fiscal year following the year of enactment
of this Local Law, such proof must be provided no
later than the deadline, if any, established by the
Board of Public Works, and if no such deadline is
established, such proof must be provided no later
than February 1 of that fiscal year. If the request is
approved by the Superintendent of Public Works or
his or her designee, the Past Work reduction shall
automatically recur in each remaining year of the
Reduction Period. The Lot owner may appeal the
determination of the Superintendent of Public Works
or his or her designee to the Board of Public Works at
an open meeting thereafter.
(3) Certification of Non-Developable Lots. The owner of a Lot may
file an application with the Director of Planning and
Development or his or her designee to have the lot certified as
a Non-Developable Lot. Such applications must be filed no
later than the deadline for providing evidence for a Past Work
Reduction pursuant to subsection (c)[2] above. Such
certification shall be granted only to those Lots not qualifying
as Sliver Lots with a Lot Square Footage less than the
minimum lot size required for development by the City of
Ithaca Zoning Ordinance for the zoning district in which the
Lot is located at the time of application. Once granted, the
certification shall continue to be in effect for the Lot,
regardless of subsequent changes in ownership, until the end
of the fiscal year during which: (i) the Lot Square Footage
increases for any reason to an amount in excess of the
minimum lot size required for development; or (ii) the
minimum Lot size for development, as may be revised or
amended from time to time, in the zoning district in which the
Lot is located, is reduced to an amount equal to or lesser than
the Lot Square Footage. The owner of a Lot that has received a
certification pursuant to this provision shall notify the Director
Planning and Development or his or her designee of any
change in the Lot Square Footage.
Section 3. Severability Clause.
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 portions of this Local Law or of those portions of
Section C-73 not amended by this Local Law.
Section 4. Effective and Operative Date.
This Local Law shall be effective, following the passage of forty-five (45) days after the
adoption of this Local Law and after filing in the office of the Secretary of State,
retroactive to January 1, 2014. This Local Law is subject to referendum on petition
pursuant to Municipal Home Rule Law Section 24.
M E M O R A N D U M
To: City Administration Committee
From: Ari Lavine, City Attorney
Date: February 14, 2014
Subject: Amendments to the Sidewalk Improvement
District Assessment Formula for Certain Vacant Lots
_________________________________________________________________
As you know, in September 2013 Council enacted a new Charter Section C-73 that replaced the
prior, troubled system of financing sidewalk construction and repair with a system based on five
Sidewalk Improvement Districts (each a “SID”) financed by an assessment formula under which
each tax parcel is assessed for the benefit the property receives from a network of sidewalks
throughout the district.
As passed last year, the SID law consciously reflected the value received even by vacant lots
from the SID system, including increased development value from nearby, high-quality
sidewalks. However, some unforeseen consequences of the law’s structure, and resulting public
feedback, prompt me now to propose a minor amendment with modest financial impact Citywide
but improved user experience for a small group of owners.
Specifically, this amendment would adjust the assessments imposed on three categories of vacant
properties:
1. Sliver Lots, defined as vacant lots with an area equal to or less than 2,000 square feet,
2. Non-Developable Lots, meaning lots sufficiently small that—though over 2,000 square
feet in area—do not permit of development under the applicable zoning ordinance, and
3. Vacant Residential lots, meaning larger vacant lots that—though developable per
applicable zoning—are characterized by the Department of Assessment as lots likely to
be developed for residential use when and if developed at all.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-6590
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
The proposed amendments would assess sliver lots and non-developable lots based solely on the
lot’s frontage on a public street. The rate of the assessment would be the same as the frontage fee
assessed on non-Low Foot Traffic Lots; currently, a frontage fee of $30 is assessed for each fifty-
five feet or portion thereof. Additionally, the assessment for sliver lots would be capped at two
frontage units (currently, $60 total). Meanwhile, the proposed amendment would assess larger
vacant residential lots (i.e., (3) above) as Low Foot Traffic Lots (i.e., the same as a one- or two-
family home; currently $70 per year).
The assessment adjustment described in (3) carries most of the financial impact of these
adjustments, reducing the Citywide assessment levy by approximately $19,000, approximately
$10,000 of which would be a reduction in SID #5, containing West Hill. This would constitute
an approximately 8% reduction in the total assessment levy for that District. Of the
approximately $19,000 reduction citywide, approximately $4000 would take the form of reduced
assessments on City-owned lands. (In contrast to $19,000, the assessment adjustments described
in items (1) and (2) above are anticipated to reduce the Citywide assessment levy by
approximately $5000 and $7000 respectively.)
There has also been some discussion regarding vacant lots that have areas in excess of the sizes
indicated above, but that have no frontage upon a public street. This amendment does not alter
the assessment for such lots (unless they are characterized as vacant residential lots, per item (3)
above), because they may in some cases contain great value that can ultimately benefit from the
sidewalks in their district; imagine a large, vacant, commercial lot, set back from the street, that
might in a few years contain a large store with much foot traffic. Should the Committee’s views
differ on this topic, I am glad to offer language to accommodate.
Lastly, the proposed amendment also includes a provision allowing an owner of more than one
lot in the same SID to apply excess past work credit—i.e., the difference between one lot’s past
work credit and that lot’s SID assessment—against the assessments for the owner’s other lots.
I look forward to discussing with you.
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10.2 Ithaca Urban Renewal Agency (IURA) - Cayuga Green Project -
Endorsement of Requested Twenty-Eight Day Extension to Sales Contract for
Parcel “D” to Cayuga Green II, LLC – Resolution
WHEREAS, Cayuga Green II, LLC (Purchaser) seeks a twenty-eight day extension to March 14,
2014, to satisfy the final seller contingency contained in the 2013 Purchase and Sale Contract
(Contract) for parcel “D”, a half acre parcel located behind the Cayuga Garage with a street
address of 217 South Cayuga Street, and
WHEREAS, the proposed Contract agrees to a sales price of $280,000 and obligates the
purchaser to undertake a project “anticipated to consist of construction of no fewer than 30
rental and/or for-sale housing units located adjacent to the Cayuga Garage or such other uses
approved by Seller and the Common Council of the City of Ithaca,” and
WHEREAS, Cayuga Green II, LLC, proposes to construct a 49,000 square foot, seven-story
housing project containing 45 housing units to be known as Cayuga Place Two, and
WHEREAS, Cayuga Green II, LLC, is controlled by Bloomfield/Schon + Partners, LLC who is
designated by the Ithaca Urban Renewal Agency (IURA) as a qualified and eligible sponsor
pursuant to §507 of General Municipal Law to acquire property to undertake the Cayuga Green
project, and
WHEREAS, to enforce the future land use obligation, the proposed Contract requires the
purchaser to satisfy the following seller contingencies prior to expiration of the contract as a
condition of conveyance of the property:
1. Submit proof of final site development plan approval for a project containing at least 30
housing units;
2. Submit proof of issuance of a building permit for the project;
3. Submit proof that all project financing has been secured to complete the project, and
WHEREAS, the Purchaser has satisfied the site plan and building permit contingencies, but has
not submitted proof of project financing, and
WHEREAS, Purchaser has submitted an executed, nonbinding, detailed term sheet for bank
financing, dated December 5, 2013, identifying a series of additional submissions necessary for
lender review prior to issuance of a loan commitment, including a new Phase II Environmental
Site Assessment (ESA), and
WHEREAS, the Phase II ESA was completed on February 14, 2014, and
WHEREAS, Purchaser projects that the project financing will be secured no later than March 5,
2014, and
WHEREAS, Purchaser has made payment of a $20,000, non-refundable deposit, toward the
purchase price which shall be retained by the seller in the event seller contingencies are not
satisfied, and
WHEREAS, the purchaser seeks no property tax abatements for this market-rate project and
the proposed Contract effectively prohibits any tax abatements on the project, and
WHEREAS, the primary objective of the IURA for this urban renewal project is to improve the
social, physical, and economic characteristics of the project neighborhood, and
WHEREAS, the IURA seeks to facilitate the construction of additional housing units in
downtown Ithaca that will expand the range of housing opportunities, increase the property tax
base, and visually conceal the concrete block wall portions of the east wall of the adjacent
Cayuga Garage, and
WHEREAS, under §507 of Article 15 of General Municipal Law, the IURA is authorized to sell
real property to a qualified and eligible sponsor subject to Common Council approval following a
public hearing, and
WHEREAS, the prior purchase and sale contract for Parcel ‘D’ and site plan review for a
proposed seven-story housing project at Parcel ‘D’ were the subject of environmental reviews
under the City Environmental Quality Review Ordinance (CEQRO) pursuant to which the lead
agency issued a negative declaration that the implementation of the action as proposed will not
result in any significant adverse environmental impacts, and
WHEREAS, the action of approving an extension to the 2013 Contract for sale of Parcel ‘D’ is
no less protective of the environment than the previously approved Contract and site plan,
therefore requiring no additional environmental review, and
WHEREAS, on February 27, 2014, the IURA approved the following terms to extend the 2013
Contract for sale of Parcel “D”:
1. Twenty-Eight day extension to March 14, 2014, to satisfy seller contingencies;
2. $10,000 additional non-refundable cash deposit;
3. IURA Chairperson discretion for one additional 14-day extension;
now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby approves the Ithaca Urban
Renewal Agency proposed extension to the 2013 Purchase and Sale Contract with Cayuga
Green II, LLC for Parcel ‘D’ (tax map parcel #81.-2-4) containing the following terms:
A. authorization of a twenty-eight day extension to March 14, 2014, to satisfy seller
contingencies;
B. requirement for an additional $10,000 non-refundable cash deposit; and
C. authorization to the IURA Chairperson to approve, at his sole discretion, one
additional fourteen day extension to March 28, 2014, to satisfy seller contingencies.
12. NEW BUSINESS:
12.1 Appointment of Marriage Officer – Resolution
WHEREAS, the Mayor’s Office received a request to appoint Marcia Fort as a Marriage
Officer in order to perform a wedding ceremony for a special couple, and
WHEREAS, Ms. Fort meets the requirements of the New York State Domestic Relations
Law for being appointed as a Marriage Officer for the City of Ithaca; now, therefore, be it
RESOLVED, That Marcia Fort be designated as a Marriage Officer through the month
of May, 2014.
14. MAYOR’S APPOINTMENTS:
14.1 Reappointment to Bicycle Pedestrian Advisory Council – Resolution
RESOLVED, That Jan Schwartzberg be reappointed to the Bicycle Pedestrian Advisory
Council with a term to expire December 31, 2016.