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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. “§325-45 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 OAK A V E HOY RD ED D Y S T ITH A C A R D 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 MITCHELL ST LI N D E N A V E B R Y A N T A V E BL A I R S T CO B B S T WORTH ST N Q U A R R Y S T E S T A T E S T / M . L . K . J R S T DE L A W A R E A V E RIDGE D A L E R D COOK ST IRVING P L FE R R I S P L VALLEY RD MILLER ST MAPLE AVE WILLIAMS ST E SENECA ST FA I R M O U N T A V E E BUFFALO ST CATHERINE ST B R A N D O N P L OXFORD PL EDGEMOOR LA W O O D C O C K S T HARVARD PL BOOL ST S Q U A R R Y S T SU M M I T A V E FA I R V I E W S Q HOLLIS T E R D R FROSH ALLEY ON E I D A P L DR Y D E N C T MA P L E G R O V E P L MITCHELL S T VALLEY R D 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 This Page Left Intentionally Blank §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 OAK A V E HOY RD ED D Y S T ITH A C A R D 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 MITCHELL ST LI N D E N A V E B R Y A N T A V E BL A I R S T CO B B S T WORTH ST N Q U A R R Y S T E S T A T E S T / M . L. K . J R S T DE L A W A R E A V E RIDGE D A L E R D COOK ST IRVING P L FE R R I S P L VALLEY RD MILLER ST MAPLE AVE WILLIAMS ST E SENECA ST FA I R M O U N T A V E E BUFFALO ST CATHERINE ST B R A N D O N P L OXFORD PL EDGEMOOR LA W O O D C O C K S T HARVARD PL BOOL ST S Q U A R R Y S T SU M M I T A V E FA I R V I E W S Q HOLLIS T E R D R FROSH ALLEY ON E I D A P L DR Y D E N C T MA P L E G R O V E P L MITCHELL S T VALLEY R D 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 A V E HOY RD ED D Y S T ITH A C A R D 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 MITCHELL ST LI N D E N A V E B R Y A N T A V E BL A I R S T CO B B S T WORTH ST N Q U A R R Y S T E S T A T E S T / M . L . K . J R S T DE L A W A R E A V E RIDGED A L E R D COOK ST IRVING P L FE R R I S P L VALLEY RD MILLER ST MAPLE AVE WILLIAMS ST E SENECA ST FA I R M O U N T A V E E BUFFALO ST CATHERINE ST B R A N D O N P L OXFORD PL EDGEMOOR LA W O O D C O C K S T HARVARD PL BOOL ST S Q U A R R Y S T SU M M I T A V E FA I R V I E W S Q HOLLIS T E R D R FROSH ALLEY ON E I D A P L DR Y D E N C T MA P L E G R O V E P L MITCHELL S T VALLEY R D 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 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 D E 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 HOLLI STER D R E SENECA ST MAP LE AVE WILLIAMS ST MILLER ST FROSH ALLEY E BUFFALO ST ON E I D A P L CASCADI L L A P L ORCHARD PL DR Y D E N C T MITCHELL S T 3 3 3 3 3 33 3 3 3 3 3 3 3 3 3 3 3 33 3 3 4 4 4 4 4 44 4 5 5 6 6 6 6 8 Collegetown Area Form Districts January 6, 2014DRAFT This Page Left Intentionally Blank 9Collegetown 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-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 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 BR Y A N T A V E CATHERINE ST SU M M I T A V E DE L A W A R E A V E E SENECA ST WILLIAMS ST HI G H L A N D P L E BUFFALO ST CASCADILLA PL HARVARD PL DR Y D E N C T MU-2 MU-2 MU-2 MU-2 Street-level active uses required in areas shown in solid red. NY State Plane, Central GRS 80 Datum Ma p S o u r c e : T o m p k i n s C o u n t y D i g i t a l P l a n i m e t r i c M a p 1 9 9 1 - 2 0 1 2 Da t a S o u r c e : C i t y o f I t h a c a G I S P l a n n i n g 2 0 1 3 Ma p P r e p a r e d b y : D e p a r t m e n t o f P l a n n i n g , C i t y o f I t h a c a , N Y , J a n u a r y 9 , 2 0 1 4 OA K A V E DR Y D E N R D EDDY ST ITHACA RD COLLEGE AVE HO Y R D ELMWOOD AVE LINDEN AVE CORNELL ST BRY A N T A V E MI T CH E L L S T BLAIR ST DELAWARE AVE CO O K S T I R V I N G P L FAIRMOUNT AVE W O R T H S T CA T H E R I N E S T O X F O R D P L HA R V A R D P L E S T A T E S T / M . L . K . J R S T BO O L S T SUMMIT AVE H O L L I S T E R D R B RAND O N P L ONEIDA PL DRYDEN CT MAPLE GROVE PL MI T C H E L L S T 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 - 3 CR - 3 CR - 3 CR - 4 CR - 4 CR - 4 CR - 4 CR - 4 CR - 4 CR - 4 CR - 4 MU - 1 MU - 1 MU - 2 MU - 2 MU - 2 MU - 2 0 50 0 1, 0 0 0 25 0 Fe e t 1: 4 , 5 2 6 ± Co l l e g e t o w n A r e a F o r m D i s t r i c t s - J a n u a r y 2 0 1 4 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. "An Equal Opportunity Employer with a commitment to workforce diversification." 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.