HomeMy WebLinkAbout07-02-14 Common Council Meeting Agenda1OFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, July 2, 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 Public Hearing Regarding Proposed City of Ithaca Local Law Authorizing the
Creation of a Stormwater Utility and the Establishment of a Stormwater User Fee
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:
City Administration Committee:
8.1 Cable Access Oversight Committee - Adoption of the 2015 Public, Education,
and Government (PEG) Access Studio Budget - Resolution
8.2 City Attorney – Request Budget Amendment for Contractual Outside Legal
Services - Resolution
8.3 Endorsement of Forestry Master Plan and Arboriculture Guidelines - Resolution
8.4 Youth Bureau – College Discovery Program 2014 Budget Amendment -
Resolution
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Disposition of 707 East Seneca Street
A. Declaration of Lead Agency – Resolution
B. Reconsideration of Environmental Significance – Resolution
C. Adoption of Ordinance
9.2 An Ordinance to Amend The City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Make Non-Substantive Revisions to §325-45, entitled
“Collegetown Area Form Districts”
9.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325,
entitled “Zoning”, Article IV, Section 325-11 entitled “Cluster Subdivision
Development” to establish the Planned Unit Development Zoning District (PUD)
(Industrial Zones Only)
A. Declaration of Lead Agency – Resolution
B. Determination of Environmental Significance – Resolution
C. Adoption of Ordinance
Common Council Meeting Agenda
July 2, 2014
Page 2
10. CITY ADMINISTRATION COMMITTEE:
10.1 Addition to Common Council Rules of Procedure - Resolution
10.2 Chamberlain – Request to Waive Penalty on Taxes - Resolution
10.3 A Resolution Authorizing the Issuance of $147,700 Bonds of the City of Ithaca,
Tompkins County, New York, to Pay the Cost of the Purchase and Installation of
Pedestrian Countdown Timers, in and for said City
10.4 A Resolution Authorizing the Issuance of An Additional $3,800,000 Bonds of the
City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the
Reconstruction of the Ithaca Commons Pedestrian Mall, in and for said City.
10.5 A Resolution Authorizing the Issuance of an Additional $740,000 Bonds of the
City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the
Investigation and Remediation of the Ithaca Falls Overlook Site, in and for said
City
10.6 A Resolution Authorizing the Issuance Pursuant to Section 90.00 or Section
90.10 of the Local Finance Law of Refunding Bonds of the City of Ithaca,
Tompkins County, New York, to be Designated Substantially "Public
Improvement Refunding (Serial) Bonds", and Providing for Other Matters in
Relation Thereto and the Payment of the Bonds to be Refunded Thereby.
10.7 City Controller’s Report
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
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 June 4, 2014 Regular Common Council Meeting Minutes –
Resolution
Common Council Meeting Agenda
July 2, 2014
Page 3
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, City Clerk
Date: June 26, 2014
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Access Oversight Committee - Adoption of the 2015 Public, Education, and
Government (PEG) Access Studio Budget - Resolution
WHEREAS, the Franchise Agreement between Time Warner Entertainment and the
City of lthaca signed in 2003 authorizes Time Warner Entertainment-
Advance/Newhouse Partnership to collect $.15 per subscriber per month to be used for
the purchase of equipment for the public, educational, and governmental (PEG) Access
Studio, and
WHEREAS, the total budget for the life of the 10-year agreement was estimated to be
$200,000, and
WHEREAS, the Franchise Agreement outlines the creation of an Access Oversight
Committee that shall be responsible for approving the timing, use, and amount of PEG
access equipment acquired each year over the term of the agreement, and
WHEREAS, the Access Oversight Committee has approved a 2015 annual budget in
the amount of $30,000, and
WHEREAS, the Franchise Agreement states that participating municipalities, including
the City of Ithaca, must adopt the annual PEG Access Studio Budget by June 30 of the
preceding year; now, therefore be it
RESOLVED, That Common Council adopts the 2015 PEG Access Studio Budget as
approved by the Access Oversight Committee at its regular meeting on May 5, 2014.
BACK-UP ITEM 8.1
Resolution Passed by Cable Access Oversight Committee – 5/5/14
WHEREAS, Section 15.12 of the Franchise Agreement between the City of Ithaca and
Time Warner Entertainment-Advance/Newhouse Partnership (TWC) of January 2003
requires the participating municipalities (City of Ithaca, Town of Ithaca, Village of
Cayuga Heights) to provide TWC with an annual budget for public, educational and
governmental access operations by June 30 of each calendar year, and
WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Access
Oversight Committee (AOC) to provide the participating municipalities with a
recommended annual budget by May 31 of each calendar year; now therefore be it
RESOLVED, that the AOC accepted the attached budget for Fiscal Year 2015 in the
amount of $30,000.00 at their regular meeting of May 5, 2014, and
BE IT FURTHER RESOLVED, that the AOC forwards its recommendations for approval
by the Common Council of the City of Ithaca, the Town of Ithaca Board and the Village
of Cayuga Heights Board of Trustees, so that they may meet their obligation to provide
TWC with an annual budget for public, educational and governmental access operation,
which budget is due June 30 of each calendar year.
--------------------------------------------------------------------------------------
Budget for Fiscal Year 2015
Budget $30,000.00
Description: The PEGASYS studio has a great deal of equipment that is 10–17 years
old, and will need replacement as it fails. This might include studio cameras [$10,000
each], camera cabling [$2,000 each] and the studio special effects generator/video
switcher [$30,000), the studio audio system ($5,000), and any other equipment and
associated items that the Access Oversight Committee deems necessary for the proper
functioning of the PEGASYS Studio.
TOTAL $30,000.00
8.2 City Attorney – Request Budget Amendment for Contractual Outside Legal
Services - Resolution
WHEREAS, as part of the 2014 authorized budget we placed $30,000 in Restricted
Contingency for outside legal services for the Attorney’s Office, and
WHEREAS, the Attorney’s Office contractual account, which had $20,000 will be fully
expended within a month and is in need of further funds to continue contracts with
specialized outside legal services; now, therefore be it
RESOLVED, That Common Council hereby transfers an amount not to exceed $30,000
from restricted Contingency Account A1990 to account A1420-5435 Attorney’s Office
Contractual for the purposes of contracting with outside legal services for the remainder
of 2014.
8.3 Endorsement of Forestry Master Plan and Arboriculture Guidelines -
Resolution
WHEREAS, the City of Ithaca has a progressive, proactive and comprehensive urban
Forestry Program, which has been awarded Tree City Recognition for more than 25
years and the Tree City Growth Award for more than 15 year, and
WHEREAS, the City of Ithaca places a high value on the health of the urban forest and
all the environmental, cultural and economic benefits it provides to the city and its
residents, and
WHEREAS, the City of Ithaca has had a Forestry Master Plan which was last updated
in 1996, and
WHEREAS, the City of Ithaca Shade Tree Advisory Committee (STAC) with guidance
from the City Forester has recently updated the forestry master plan to include analysis
of the city street tree inventory as well as recommended arboricultural guidelines, and
WHEREAS, this analysis shows a steady increase in the quality and health of our urban
forest and will help to inform future decision making within the urban forestry program.,
and
WHEREAS, these guidelines will help to guide work involving city trees being done by
city staff as well as private entities working on or near city trees. These guidelines
include specifications for protecting trees during construction, site preparation for new
planting sites, appropriate tree spacing and planting techniques and proper construction
of tree lawns, tree pits and parking lot planting islands. These specifications will ensure
survival of existing trees and establishment and success of newly planted trees; now,
therefore be it
RESOLVED, That Common Council acknowledges the time and effort that was
committed to the revision of the Master Plan, Inventory & Guidelines for Public Trees
put forth by city staff and STAC, and be it further
RESOLVED, That Common Council endorses the document “Ithaca’s Trees: Master
Plan, Inventory & Arboricultural Guidelines for the Public Trees of the City of Ithaca,
New York.
8.4 Youth Bureau – College Discovery Program 2014 Budget Amendment -
Resolution
WHEREAS, the College Discovery Program summer programming includes college
trips, and
WHEREAS, the Ithaca Youth Bureau has received cash donations to cover the cost of
said trips; now therefore be it
RESOLVED, That Common Council hereby amends the 2014 Youth Bureau Budget as
follows:
Increase revenue:
A7310-2070-1240 CDP Contributions $3,530
Increase expenses:
A7310-5120-1240 CDP Part time/Seasonal $2,550
A7310-5460-1240 CDP Program Supplies $550
A7310-9030 FICA/Medicare $195
A7310-9040 Workers’ Compensation $235
$3,530
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Disposition of 707 East Seneca Street
A. Declaration of Lead Agency – Resolution
WHEREAS, the City of Ithaca Common Council is considering sale of vacant property
located at 707 E. Seneca Street, Ithaca, NY (tax parcel #68.-2-9.2) for the highest
marketable price, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency will act as agent for the
City of Ithaca to market the property for sale through a real estate broker for the highest
marketable price, and
WHEREAS, the proposed sale of an approximately 7,128 square foot parcel of land is
an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO),
and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions in accordance with
local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental review
the Lead Agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, no other agency has jurisdiction to fund, approve or undertake the
proposed action; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the proposed sale of vacant property located at
707 E. Seneca Street, Ithaca, NY (tax parcel #68.-2-9.2) for the highest marketable
price.
B. Revised Environmental Determination – Resolution
WHEREAS, the City of Ithaca Common Council is considering sale of vacant property
located at 707 E. Seneca Street, Ithaca, NY (tax parcel #68.-2-9.2) for the highest
marketable price, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency will act as agent for the
City of Ithaca to market the property for sale through a real estate broker for the highest
marketable price, and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action, and
WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous
acres of land is an Unlisted Action under the City of Ithaca Environmental Quality
Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental
Quality Review Act (“SEQR”), both of which require environmental review, and
WHEREAS, on May 14, 2014, the Planning & Economic Development Committee
(“PEDC”) reviewed a Short Environmental Assessment Form (“SEAF”) for the proposed
action and determined that the project will result in no significant impact on the
environmental, and approved disposition of City-owned property at 707 E. Seneca St.,
and
WHEREAS, after the May PEDC meeting, new information became available resulting
in preparation of a revised SEAF, and
WHEREAS, minutes of the Common Council and Board of Public Works from 1982
suggest that the City intended to use the newly acquired 707 E. Seneca Street property
for public open space, therefore the revised SEAF identifies the proposed action as
having an “effect on existing or future recreational opportunities”, which triggers the
requirement for a Full Environmental Assessment Form (“FEAF”), and
WHEREAS, a FEAF and supporting information has been provided to the City of Ithaca
Conservation Advisory Council for review of the proposed action and no comments
have been received to date, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a revised Short
Environmental Assessment Form, Part 1 and Part 2, and the Full Environmental
Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff;
now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed sale of vacant City-owned property located at 707 E. Seneca Street, Ithaca,
NY (tax parcel #68.-2-9.2) for the highest marketable price will result in no significant
impact on the environment and that a Negative Declaration for purposes of Article 8 of
the Environmental Conservation Law be filed in accordance with the provisions of Part
617 of the State Environmental Quality Review Act, and be it further
RESOLVED, That the Planning & Economic Development Committee reaffirms its May
14, 2014 action to authorize disposition of property located at 707 E. Seneca Street (tax
map # 68.-2-9.2).
C. Disposition of City-Owned Property at 707 E. Seneca Street
Ordinance 2014-_______
WHEREAS, the City of Ithaca Common Council is considering sale of tax parcel #68.-2-
9.2 located at 707 E. Seneca Street, Ithaca, NY (“Property”) for the highest marketable
price, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency (IURA) will act as agent
for the City of Ithaca to market the Property for sale through a real estate broker for the
highest marketable price, and
WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real
property at the highest marketable price, and
WHEREAS, the 2014 City budget includes projected revenues of $197,000 from the
sale of surplus City properties, and
WHEREAS, the Property is assessed at a value of $100,000, and
WHEREAS, the Property is vacant except for abandoned playground equipment
installed at the rear of the property prior to City acquisition in 1982, which equipment is
only accessible only via an unsafe, crumbling set of concrete stairs, and
WHEREAS, the approximately 7,128 square foot Property is a conforming lot located
within the R-3a zoning district which permits single-family or multi-unit residential
development, and
WHEREAS, the Property is located in the East Hill Historic District, where any new
construction requires a certificate of appropriateness issued by the Ithaca Landmarks
Preservation Commission, and
WHEREAS, the Property is appropriate for in-fill residential development, which would
enhance the residential character of the neighborhood, eliminate a City maintenance
responsibility and increase City revenues, and
WHEREAS, future use of the Property for a parking use without new residential
development would not fully achieve public goals for use of the property, and
WHEREAS, a deed restriction could prevent use of the Property for parking without new
residential construction on the site, and
WHEREAS, on November 5, 2012, the Board of Public Works determined that the
Property is surplus for public works purposes, and
WHEREAS, the City Charter requires approval by 3/4s of the Common Council to
authorize sale of real property, and
WHEREAS, the City Charter further requires notice of a proposed sale to be published
no less than once each week for three weeks, the first such notice being published no
less than 30 days prior to the approval vote; now, therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council makes the following findings of
fact:
a. The Property is surplus for municipal purposes.
b. The Property is appropriate for in-fill residential development, which would
enhance the residential character of the neighborhood, eliminate a City
maintenance responsibility, and increase City revenues.
Section 2. Authorization for Disposition.
a. The Common Council authorizes disposition of the Property for the highest
marketable price, subject to a restriction against use of the property for
parking without new residential construction on the Property. The Mayor,
subject to advice of the City Attorney, is authorized to execute agreements to
implement this resolution, including but not limited to a real estate brokerage
agreement, a purchase and sale agreement, and conveyance of deed.
b. The Ithaca Urban Renewal Agency (IURA) is authorized to act as agent for
the City to market the Property for sale through a real estate broker.
Expenses of the IURA directly associated with marketing and sale of the
property shall be reimbursed from proceeds from the property disposition.
Section 3. Effective Date. This ordinance shall take effect immediately.
9.2 An Ordinance to Amend The City Of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Make Non-Substantive Revisions to §325-45, entitled
“Collegetown Area Form Districts”
WHEREAS, following the adoption of the Collegetown Area Form Districts in March
2014, staff identified several non-substantive revisions that should be made to the
ordinance, and
WHEREAS, the proposed revisions would correct small inconsistencies and clarify the
intent of various regulations; now, therefore,
ORDINANCE NO. 2014-___
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows:
Section 1. Chapter 325, Section 325-45.2D(1) of the Municipal Code of the City of
Ithaca is hereby amended to read as follows:
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' 20'
CR-2 3* 2 35' 19' 20'
CR-3 3* 2 35' 19' 20'
CR-4 4 2 45' 19' 20'
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.
Section 2. Chapter 325, Section 325-45.2E(1), Section 325-45.2E(2), and Section 325-
45.2E(3) of the Municipal Code of the City of Ithaca is hereby amended to read as
follows:
MIN OFF-STREET PARKING
1. Residence
a. Up to 3 bed or sleeping rooms per dwlg. unit 1 space
b. 4 and 5 bed or sleeping rooms per dwlg.
Unit 2 spaces
c. Each add'l bed or sleeping room per dwlg.
Unit 1 space
2. Home occupation 1 space
3. Other uses
See §325-
20D(3)(b)
Section 3. Chapter 325, Section 325-45.2F(1) of the Municipal Code of the City of
Ithaca is hereby amended to read as follows:
MIN OFF-STREET PARKING
Buildings that fully comply with the New York State Building
Code or Residential Code for new construction:
None, provided that a transportation demand management plan
is accepted by the Planning and Development Board during site
plan review.
All other structures:
1. Residence
a. Up to 3 bed or sleeping rooms per dwlg. unit 1 space
b. 4 and 5 bed or sleeping rooms per dwlg.
Unit 2 spaces
c. Each add'l bed or sleeping room per dwlg.
Unit 1 space
2. Home occupation 1 space
3. Other uses
See §325-
20D(3)(b)
Section 4. Chapter 325, Section 325-45.3A of the Municipal Code of the City of Ithaca
is hereby amended to read as follows:
District Permitted Primary Use
By Special Permit of Board of
Zoning Appeals:
11. Bed and Breakfast Homes and
Inns
12. Cemetery and related buildings
13. Hospital or sanatorium
14. Inn
14. 15. Neighborhood Commercial
Facility (see §325-3)
15. 16. Public utility structure
except office
CR-3
16. 17. Schools (all) and related
buildings
By Special Permit of Board of
Zoning Appeals:
11. Bed and Breakfast Homes and
Inns
12. Cemetery and related buildings
13. Hospital or sanatorium
14. Inn
14. 15. Neighborhood Commercial
Facility (see §325-3)
15. 16. Public utility structure
except office
CR-4
16. 17. Schools (all) and related
buildings
Section 5. Chapter 325, Section 325-45.3B(1) of the Municipal Code of the City of
Ithaca is hereby amended to read as follows:
Within the MU-2 district, active uses are required on the entire street-level of all
buildings fronting on those portions of College Avenue, Dryden Road, and Eddy Street
designated on the map below.
Section 6. 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 7. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
BACK-UP ITEM 9.2
To: Planning & Economic Development Committee
From: Megan Wilson, Planner
Date: June 4, 2014
RE: Proposed Non-Substantive Revisions to the Collegetown Area Form Districts
Following the adoption of the Collegetown Area Form Districts in March 2014, staff identified
several non-substantive revisions that should be made to the adopted zoning. The proposed
revisions would correct small inconsistencies and clarify the intent of various regulations. These
recommended revisions are as follows:
Correct the maximum and minimum height table (pg. 7) to make the minimum heights for
the residential districts consistent with the minimum height requirements in the district
regulations.
Revise the text of the minimum off-street parking requirements for the CR districts (pgs. 10,
12, 14, & 18) to clarify that the residential requirement applies per dwelling unit, as in other
zoning districts within the city.
Revise the text of the “Use Table” (pg. 28) for permitted primary uses in CR-3 and CR-4 to
combine Bed and Breakfast Home and Inn to make it consistent with other zoning districts
within the city.
Revise the text of “Street-Level Active Uses Required” (pg. 31) to clarify that an active use is
required on the entire street-level story for all buildings fronting on the highlighted street on
the map.
Attached please find a draft ordinance and the revised Collegetown Area Form Districts document,
dated June 4, 2014, that further detail these proposed revisions. In the Collegetown Area Form
Districts document, the revisions can be found in highlighted text on the pages noted above.
Because the revisions are non-substantive, this proposal is not subject to environmental review.
Staff will attend the Planning & Economic Development Committee meeting on June 11, 2014 to
answer any questions. If you have any questions, feel free to 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
June 4, 2014
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§325-45. COLLEGETOWN AREA FORM DISTRICTS
CONTENTS
325-45.1 GENERAL PROVISIONS ......................................................................1
A. Short Title ...........................................................................................................1
B. Intent ..................................................................................................................1
C. Applicability .......................................................................................................1
D. Design Review and Approval Required ................................................................1
E. Landmarks Preservation Commission ..................................................................1
F. Other Applicable Sections ...................................................................................2
325-45.2 DISTRICT STANDARDS ......................................................................3
A. Establishment of Districts ...................................................................................3
B. Definitions and Related Standards .......................................................................3
C. Collegetown Area Form Districts.........................................................................6
D. Maximum Height (in stories) Map .....................................................................7
E. Collegetown Residential (CR-1, CR-2, CR-3).....................................................9
F. Collegetown Residential 4 (CR-4) .....................................................................17
G. Mixed Use (MU-1, MU-2) ...............................................................................21
325-45.3 ALLOWED USES ................................................................................27
A. Use Table ...........................................................................................................27
B. Street-Level Active Uses Required ......................................................................31
Collegetown Area Form Districts
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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 DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
DRAFT
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 DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
DRAFT
(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 DistrictsJune 4, 2014
DRAFT
(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 June 4, 2014
DRAFT
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
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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 DistrictsJune 4, 2014
DRAFT
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 35’20’
CR-2 3*2 35’20’
CR-3 3*2 35’20’
CR-4 4 2 45’20’
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 June 4, 2014
DRAFT
This Page Left Intentionally Blank
9Collegetown Area Form DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
DRAFT
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 per
dwlg. unit
1 space
b. 4 and 5 bed or sleeping rooms per
dwlg. unit
2 spaces
c. Each add’l bed or sleeping room
per dwlg. unit
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 DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
DRAFT
(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 per
dwlg. unit
1 space
b. 4 and 5 bed or sleeping rooms per
dwlg. unit
2 spaces
c. Each add’l bed or sleeping room per
dwlg. unit
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 DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
DRAFT
(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 per
dwlg. unit
1 space
b. 4 and 5 bed or sleeping rooms per
dwlg. unit
2 spaces
c. Each add’l bed or sleeping room per
dwlg. unit
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 DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
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17Collegetown Area Form DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
DRAFT
(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 per
dwlg. unit
1 space
b. 4 and 5 bed or sleeping rooms per
dwlg. unit
2 spaces
c. Each add’l bed or sleeping room per
dwlg. unit
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 DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
DRAFT
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21Collegetown Area Form DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
DRAFT
(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 DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
DRAFT
(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 DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
DRAFT
(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 DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
DRAFT
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 and Inns
12. Cemetery and related buildings
13. Hospital or sanatorium
14. Neighborhood commercial facility (see
§325-3)
15. Public utility structure except office
16. 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 and Inns
12. Cemetery and related buildings
13. Hospital or sanatorium
14. Neighborhood commercial facility (see
§325-3)
15. Public utility structure except office
16. 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 DistrictsJune 4, 2014
DRAFT
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 June 4, 2014
DRAFT
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 DistrictsJune 4, 2014
DRAFT
B. Street-Level Active Uses Required
(1) Within the MU-2 district, active uses are required on the entire 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
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S
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DRYDEN RD
CO
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G
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A
V
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OAK AVE
LI
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A
V
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COOK ST
BR
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A
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A
V
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CATHERINE ST
SU
M
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I
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A
V
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DE
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E SENECA ST
WILLIAMS ST
HI
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CASCADILLA PL
HARVARD PL
DR
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MU-2
MU-2
MU-2
MU-2
Street-level active uses required in areas shown in solid red.
9.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325,
entitled “Zoning”, Article IV, Section 325-11 entitled “Cluster Subdivision
Development” to establish the Planned Unit Development Zoning District
(PUD)(Industrial Zones Only)
A. Declaration of Lead Agency – 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 an “Unlisted” 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 proposed amendments to Chapter 325,
Entitled “Zoning,” in order to create a floating Planned Unit Development overlay district
that may be established by the Common Council in any industrially zoned parcel located
within the City.
B. Determination of Environmental Significance – Resolution
WHEREAS, The Common Council is considering a proposal to create a floating
Planned Unit Development overlay district that may be established by the Common
Council in any industrially zoned parcel located within the City, and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF), dated June 3, 2014
WHEREAS, the proposed action is an “unlisted” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the 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 on the Full Environmental
Assessment Form, dated May 6, 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. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning,” Article IV, Section 325-11, in Order to Establish the Planned
Unit Development Zoning District (PUD)
ORDINANCE NO. 2014-____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Article IV, Section 325-11 of the Municipal Code of the City of Ithaca be
amended as follows:
Section 1. Chapter 325 (“Zoning”), Article IV, section 325-11, is hereby amended to
change the title [“Cluster Subdivision Development”] to “Cluster Sub-division,
Floating Zones, and Planned Unit Development Zones” and to be re-numbered to
read as follows:
Article IV. Cluster Subdivision Development, Floating Zones, and Planned Unit
Development Zones
§325-11. Cluster Subdivisions
A. Purpose and intent. This article authorizes the Planning and Development
Board, during the process of subdivision plat approval pursuant to Chapter 290,
Subdivision of Land, of the Code, to make reasonable changes in the existing
zoning regulations for the property affected so as to enable the development of
a cluster subdivision. This authorization permits deviations in the district
regulations applicable to the affected property, subject to the limitations
contained in this section. Cluster subdivisions may be approved in order to
promote the following purposes:
(1.) The preservation and enhancement of open spaces, watercourses,
wetlands and areas designated as critical environmental areas.
(2.) The development of active and passive recreation areas.
(3.) The development of residential dwelling units in forms which are
consistent with the public welfare and which provide reasonable
safeguards to the appropriate use of adjoining land.
(4.) Efficient and cost-effective development of roads, sidewalks, utilities,
water- and sewer lines and other forms of public and private infrastructure.
(5.) The development of housing that is more affordable than that normally
developed under conventional zoning regulations.
B. Authorization and Minimum Requirements. The Planning and Development
Board is authorized, upon petition by an applicant for subdivision approval, to
approve a cluster subdivision that includes reasonable deviations from the
existing regulations of that zoning district in which the subdivision is located in
accordance with the following limitations:
(1.) Cluster subdivisions may only be permitted in the R-1a, R-1b, R-2a, R-2b,
R-3a and R-3b Zoning Districts.
(2.) Cluster subdivisions shall contain only those primary uses and accessory
uses which are permitted in the zoning district in which the cluster
subdivision is proposed, except as permitted by Subsection 325-11B. (3).
(3.) The following types of deviations from the zoning regulations of the district
in which the cluster subdivision is proposed are permitted:
a. Building type for residential uses, provided that, in the R-1a and R-1b
Districts, only one-family detached dwellings are permitted as primary
uses, and in the R-2a and R-2b Districts, no more than two dwelling
units may be attached to form a single building, provided that each
dwelling unit shall have a separate ground-level entrance.
b. Lot area.
c. Lot width at street line.
d. Maximum percentage of land coverage by buildings on any individual
lot within the cluster subdivision, provided that the total percentage of
land coverage by all buildings in the cluster subdivision shall not
exceed the following percentages for the zoning district in which the
cluster subdivision is located:
District
Maximum Land Coverage
(percent)
R-1a 20
R-1b 25
R-2a 30
R-2b 35
R-3a 35
R-3b 40
e. Front, side and rear yard dimensions, provided that all buildings in a
cluster subdivision shall have a front yard of at least 25 feet in the R-
1a, R-1b, and R-2a Zones and 10 feet in the R-2b, R-3a and R-3b
Zones, and further provided that all buildings in a cluster subdivision
shall be at least the following number of feet from the boundary of a
cluster subdivision where it abuts land, other than a public right-of-
way, that is not part of the cluster subdivision:
[1] In the R-1 Districts: 40 feet.
[2] In the R-2 and R-3 Districts: 20 feet.
(4.) The maximum number of dwelling units permitted in a cluster subdivision
shall not exceed the number of dwelling units that would be permitted on
the site in a conventional subdivision under the conventional zoning
regulations for the zoning district in which the cluster subdivision is
proposed, subject to all applicable development regulations applying to
the property in question plus any other restriction which the Planning and
Development Board has the authority to impose pursuant to Chapter 290,
Subdivision of Land, of the Code.
(5.) Any reduction in the lot area for buildings in a cluster subdivision beyond
the minimum allowed in the zoning district in which the subdivision is
located shall require the reservation of an equivalent amount of land as
open space, passive recreation area or active recreation area. Wetlands,
floodplains, steep slopes or other areas not normally appropriate for
building construction shall not account for more than 50% of the land area
reserved.
(6.) All open space or recreation areas reserved in accordance with
Subsection 325-11B. (5) shall be dedicated as common land for the
benefit of the members of the subdivision. The development, operation
and maintenance of this property shall be in accordance with the approved
site development plan and in a manner that is consistent with the public
welfare
C. Approval; information to be submitted.
(1.) The Planning and Development Board may consider a developer's request
for approval of a cluster subdivision or may require that a developer
prepare and submit plans for a cluster subdivision that contain no greater
number of dwelling units than that proposed by the developer. The Board
shall adopt rules and regulations setting forth the criteria pursuant to which
such an application may be required. The approval of a cluster subdivision
shall follow the rules and procedures contained in Chapter 290,
Subdivision of Land, of the City of Ithaca Code.
(2.) Developers submitting a cluster subdivision plan shall submit two
subdivision plans, one showing the land developed under the conventional
zoning regulations and the other showing development under the cluster
option. In addition to the requirements of Chapter 290, Subdivision of
Land, of the Code, the developer shall submit the following information on
or with the cluster subdivision plan:
a. An area plan showing the proposed cluster subdivision and all
existing land use and major natural features of the land within 500
feet of the project site.
b. A site development plan showing the location, size, use and physical
features of all proposed buildings and accessory uses, the location
and design of vehicular and pedestrian access and the location of
proposed parking areas.
c. A landscaping plan showing the type and location of all existing trees,
vegetation and natural features on the site; the identification of all
existing vegetation to be preserved; the identification of all new
vegetation to be added; and the location and type of fences, berms or
buffer areas.
d. A plan showing the boundaries of common areas to be reserved and
the proposed use, development and maintenance of those spaces.
e. Elevations of typical dwelling units to be constructed in the cluster
subdivision.
f. Environmental review of the project at a level deemed appropriate by
the Planning and Development Board.
g. Any other information that the Planning and Development Board may
reasonably require.
(3.) The approval of a cluster subdivision shall constitute the approval of a site
development plan for the affected area. No development shall occur on
the site that is not in strict conformance with the elements of the approved
site development plan, nor shall the plan be modified without the approval
of the Planning and Development Board.
(4.) A cluster subdivision shall not be approved unless the Planning and
Development Board makes the following affirmative findings and states, in
writing, the facts that support those findings:
a. That the development is found to be compatible in terms of
appearance, character and overall density with both the existing and
potential development in the surrounding area.
b. That the development will not place an unreasonable burden on the
public roads or utilities that will service the project.
c. That the development will promote the preservation of open space
and natural resources within the neighborhood to a greater degree
than would conventional development
d. That the development is consistent with the public welfare and that
the appropriate use of adjoining land is reasonably safeguarded.
e. That the development will not have an undue adverse impact on the
critical area listed in § 176-5(B)(1)(a) of the Code.
f. That the development complies with the approved Street Plan and
Master Plan, if any, for the area.
Section 2. Chapter 325 (“Zoning”), Section §325-12, is hereby amended to repeal and
replace all existing text with the following new language regarding Planned Unit
Developments:
Section §325-12 Planned Unit Developments (PUD)
A. Declaration of Legislative Authority. This Planned Unit Development (PUD)
Ordinance is being enacted pursuant to the authority established in the New York
State General City Law § 81-f.
B. Purpose and Intent. This legislation is intended to establish procedures and
requirements for the establishment and mapping of PUDs, as floating overlay
zones, which may be placed in any industrially zoned area within the City
boundaries, wherever authorized by the Common Council. The PUD is a tool
intended to be used to encourage mixed-use or unique single use projects that
require more creative and imaginative design of land development than is
possible under standard zoning district regulations. A PUD allows for flexibility in
planning and design, while through the process of review and discussion,
ensures efficient investment in public improvements, a more suitable
environment, and protection of community interest. A PUD should be used only
when long-term community benefits will be achieved through high quality
development, including, but not limited to, reduced regional traffic demands,
greater quality and quantity of public and/or private open space, community
recreational amenities, needed housing types and/or mix, innovative designs;
and for the protection and/or preservation of natural resources.
Sub-section 325-12 is intended to relate to both residential and nonresidential
development, as well as mixed forms of development. There may be uses, now
or in the future, which are not expressly permitted by the other terms of this
chapter but which uses would not contravene the long range Comprehensive
Plan objectives if they adhere to certain predetermined performance and design
conditions. The PUD is intended to be used to enable these developments to
occur even though they may not be specifically authorized by the City Zoning
District Regulations.
The PUD is intended to be used in the areas within the City that are zoned
industrial. Residential uses are not permitted by existing zoning in industrial
zones. However, these areas are large tracts of land that have the potential for
large scale redevelopment and should a proposed project offer community wide
benefits, the Common Council may establish a PUD in order to permit uses not
explicitly allowed by the underlying zoning.
Areas may be zoned as a PUD by the Common Council. The enactment and
establishment of such a zone shall be a legislative act. No owner of land or
other person having an interest in land shall be entitled as a matter of right to
the enactment or establishment of any such zone.
C. Establishment and location. The intent of a PUD is to create self-contained,
architecturally consistent, and compatible buildings, many times with diverse
but related uses. The creation of a PUD must entail sufficient review to assure
the uses within the zone will have negligible or no significant adverse effects
upon properties surrounding the zone. This tool is expressly intended for use in
industrial zones, where residential uses are not permitted. In reaching its
decision on whether to rezone to a PUD, the Common Council shall consider
the general criteria set forth in this chapter, the most current Comprehensive
Plan for the City, and this statement of purpose.
No PUD shall be finally established pursuant to subparagraph G(13) of this
section unless, prior to such legislative enactment, all land within the proposed
PUD is zoned Industrial.
D. Permitted principal and accessory uses. In a PUD, buildings and land may
be used for any lawful purpose permitted in the zone where it is located, plus
any other uses which the Common Council may authorize.
All development restrictions, including, but not limited to, yard size, height
restriction, building coverage, and lot size, shall be as set forth in the legislation
rezoning the area to a PUD established by the Common Council. In addition,
the Common Council may impose any conditions or limitations that are
determined to be necessary or desirable to ensure that the development
conforms with the City Comprehensive Plan, including limiting the permitted
uses, location and size of buildings and structures, providing for open space
and recreational areas, requiring acoustical or visual screening, construction
sequencing, and requiring bonds or other assurances of completion of any
infrastructure to be built as part of the development.
E. Site Plan Approval. No structure shall be erected or placed within a PUD, no
building permit shall be issued for a building or structure within a PUD, and no
existing building, structure, or use in a PUD shall be changed, unless the
proposed building and/or use is in accordance with a site plan approved
pursuant to the provisions of Chapter 276 of the City of Ithaca Code.
F. Criteria. Common Council will consider an application for any PUD on the
following criteria, among others:
Does the project further the health and welfare of the community; and
Is the project in accordance with the City Comprehensive Plan
Does the project create at least one long term significant community
benefit
G. Application Process. An applicant proposing a development that does not
conform with the existing zoning requirements may apply for a PUD to be
placed on their property, or on such other property as designated by the
applicant and for which the applicant has submitted sufficient authorization
executed by the owner(s) of said property in support of the application. The
application process is as follows:
[1.] Staff/Applicant Pre-Application Meeting. An applicant
seeking alternate zoning for their property must first contact
the Department of Planning, Building, and Development for a
pre-application meeting. Staff will explain the requirements,
the application process, the timeline, and the fees associated
with a PUD request.
[2.] Application Submission. Applicant must submit a completed
PUD application along with the required fee. The Application
must include a conceptual development plan, and an
explanation of the request for alternate zoning. The
conceptual plan must include the proposed sizes of yards,
maximum heights and stories of all proposed buildings,
maximum lot coverage, adjacent uses and adjacent zoning.
[3.] Planning and Economic Development Committee. The
Planning and Economic Development Committee of the
Common Council will consider the application for completion
and will schedule a Public Information Session. The
developer will be expected to be present at this meeting.
[4.] Circulation. The Planning and Economic Development
Committee will also authorize and direct staff to circulate the
proposal for review and comment from City
Boards/Committees, the Tompkins County Planning
Department, and any neighboring property owners within 500
feet of the proposed project. Comments and concerns will be
forwarded to the applicant and to the Common Council for
their consideration.
[5.] Public Information Session. Within 30 days of receiving a
completed application, the City will schedule a Public
Information Session, at which the developer will be
responsible for presenting information about the project and
answering questions from the public. The City will advertise
the Public Information Session with a press release to the
local media at least 15 days, but no more than 20 days, prior
to the meeting. The applicant is responsible for posting the
property at least 5 days prior to the Public Information
Session, with the date, time, and location of the meeting.
[6.] Committee Recommendation. Once the comments have
been received, the Planning and Economic Development
Committee will hold a legally noticed public hearing at a
regularly scheduled committee meeting. The City will publish
a legal notice of the hearing 15 days prior to the hearing. The
Committee will consider all comments that have been
received, as well as all comments made at the public hearing
and will make a recommendation to the Common Council. The
recommendation may include additional requirements or
limitations to either mitigate undesirable impacts or to ensure
the development conforms to the goals of the City’s
Comprehensive Plan.
[7.] Conditional Approval. The Common Council will consider the
request and may pass a resolution granting a conditional
approval, subject to further site plan review approval and
instructing staff to take the project through the environmental
review process. Not withstanding any conflicting provisions of
the City Code, an applicant whose application has received
approval in concept from the Common Council (Approval in
Concept) shall be permitted, for the purpose of commencing
site plan review, to proceed with a Building Permit application,
despite any zoning-based deficiencies in the application, so
long as all such deficiencies may be cured by final Council
approval of the PUD.
[8.] Site Plan Review Application—Applicant submits a site plan
review application and begins the environmental review
process.
[9.] Declaration of Intent to Act as Lead Agency—Planning
Board declares its intent to be the lead agency for the
environmental review of the project and the PUD and notifies
all other involved agencies, including the Common Council.
[10.] Common Council Involvement—As a part of the
environmental review process for the project and the PUD, the
Planning Board will update the Common Council after each
Planning Board meeting where the project is considered and
will request ongoing written comments from the Common
Council.
[11.] Environmental Review/Site Plan Review—The Planning
Board will be the lead agency for the environmental review
and site plan review of the project. The project will undergo
the normal site plan review process.
[12.] Common Council Consideration of the PUD—When and if
the project has received a negative declaration of
environmental significance and contingent site plan approval,
it (the applicant) will return to the Common Council for final
consideration of the adoption of the PUD. Final Council
approval, if any, shall be granted via ordinance.
H. Additional Requirements. In any rezoning to a PUD the Common Council
may impose such conditions or limitations that the Council, in its legislative
discretion, may determine to be necessary or desirable to ensure that the
development conforms with the City Comprehensive Plan, including limiting the
permitted uses, location and size of buildings and structures, providing for open
space and recreational areas, and requiring bonds or other assurances of
completion of any infrastructure to be built as part of the development.
I. Expiration. A developer who receives PUD approval will have 24 months to
begin construction of their project. If construction on the property has not been
developed in accordance with the approved plan after 24 months, the PUD will
automatically be revoked, unless otherwise stated by the Common Council, and
the property will return to the previously approved zoning restrictions. In the
case of extenuating circumstances the developer may apply to the Common
Council for an extension of PUD approval. If the site plan changes significantly,
said significance as determined by the Director of Planning and Development, it
may require re-consideration by the Common Council. The Director of
Planning and Development may determine that the changes are minor and do
not require re-approval.
Section 3. Chapter 325. (“Zoning”), Section §325-13, is hereby amended to delete all
existing text, which has been relocated to §325-11 C. Approval; Information to be
submitted.
Section 4. 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 5. Effective date. This ordinance shall take effect immediately and in accordance with
law upon publication of notices as provided in the Ithaca City Charter.
BACK-UP ITEM 9.3
MEMORANDUM
TO: COMMON COUNCIL
FROM: Jennifer Kusznir, Economic Development Planner
DATE: June 20, 2014
RE: Proposed Planned Unit Development (PUD) Floating Zoning District
The purpose of this memo is to provide information regarding a proposal to create a Planned
Unit Development (PUD) Floating Zoning District. Enclosed for your consideration is a draft
ordinance that would permit the Common Council to establish a PUD within industrial-zoned
parcels located in the City of Ithaca.
The PUD is a tool intended to be used to encourage mixed-use or unique single-use projects
that require more creative and imaginative design of land development than is possible under
industrial zoning district regulations. A PUD allows flexibility in planning and design, through a
process of review and discussion, efficient investment in public improvements, a more suitable
environment, and protection of community interests. A PUD should only be used when long-
term community benefits will be achieved through a high-quality development (including, but not
limited to, reduced traffic demands, greater quality and quantity of public and/or private open
space, community recreational amenities, needed housing types and/or configurations, and
innovative designs), as well as for the protection and/or preservation of natural resources.
When this draft ordinance was discussed at the June 11, 2014 Planning and Economic
Development Committee meeting, the committee requested the following changes to the
document:
Section G. [2.] “Application Submission.” (PAGE 7) ― This was amended to add
submission requirements that were listed in the application, including: proposed sizes of
yards, maximum heights and stories of all proposed buildings, maximum lot coverage,
adjacent uses, and adjacent zoning.
Section G. [3.] “Planning Committee.” (PAGE 7) ― This was amended to add language
stating that property owners within 500 feet would be notified of the proposed PUD.
Section G. [5.] “Public Information Session.” (PAGE 7) ― This was amended to state that
the press release for the Public Information Session would be posted in the paper at least
15 days, but not more than 20 days, prior to the Public Information Session.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
All references to “Planning Committee” have been changed to “Planning and Economic
Development Committee.”
All of the bulleted items listed above have been changed in the enclosed draft ordinance. In
addition, staff has prepared a draft application for property owners wishing to request
consideration for a PUD. This application is not intended to be voted on by the Common
Council and can be amended by staff at any time, as long as it is still in accordance with the
adopted ordinance. If Common Council members have any comments or suggestions for the
draft application, please feel free to contact me directly.
An environmental review of this action has been completed and the draft Full Environmental
Assessment Form (FEAF) is enclosed, along with the draft Lead Agency and Negative
Declaration of Environmental Significance resolutions. Also enclosed are a resolution passed
by the City Planning and Development Board and a letter from the County Planning
Commissioner.
If you have any questions, please feel free to contact me at 274-6410. Thanks so much.
BACK-UP ITEM 9.3
PLANNING AND DEVELOPMENT BOARD RESOLUTION OF SUPPORT FOR THE PROPOSAL TO
CREATE A
PLANNED UNIT DEVELOPMENT ZONING DISTRICT (PUD)
Adopted Resolution: May 27, 2014
WHEREAS, the Planning and Development Board (“Planning Board”) is empowered by
§ 4-23 B. (1) (c) of the City Code to advise “the Common Council regarding the
preparation and revision of the city ordinances related to planning, zoning, site plan
review, signs, mobile home parks, subdivisions, historic landmarks and/or districts, land
use and related subjects properly within its jurisdiction;” and
WHEREAS, the Planning and Development Board has reviewed and discussed the
materials related to the establishment of a PUD, and
WHEREAS, the Planning and Development Board is in support of the process as
described in the proposed draft application form circulated on May 6, 2014, whereby
Common Council grants final approval for the PUD; now therefore be it
RESOLVED, That the Planning and Development Board strongly recommends that the
Common Council take action to create the proposed PUD.
Moved by: Schroeder
Seconded by: Eliot
In Favor: Acharya, Blalock , Elliott, Jones-Rounds, Schroeder
Against: 0
Abstain: 0
Absent: Fernandez, Randall
Vacancies: 0
BACK-UP ITEM 9.3
CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
FEAF Components:
Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it assists in
a review of the analysis that takes place in Parts 2 and 3.
Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to
whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form
also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA IS FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS
Identify the Portions of FEAF completed for this action: Part 1 Part 2 Part 3
Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that:
A. The Proposed Action will not result in any large and important impact(s) an is one that will not have a significant impact
on the environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED.
B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 have been required; therefore, A
CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. *
C. The proposed action may result in one or more large and important impacts that may have a significant impact on the
environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED.
*A Conditioned Negative Declaration is only valid for Unlisted Actions
Name of Action: Proposal to Create Planned Unit Development (PUD) Floating Zone District
Name of Lead Agency: City of Ithaca
Name & Title of Responsible Officer in Lead Agency: Mayor Svante Myrick
Signature of Responsible Officer in Lead Agency:
Name & Title of Preparer: Jennifer Kusznir, Economic Development Planner
Signature of Preparer:
Date: June 3, 2014
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FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
NOTICE: This document is designed to assist in determining whether the action proposed may have a
significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these
questions will be considered as part of the application for approval and may be subject to further verification
and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on
information currently available and will not involve new studies, research or investigation. If information
requiring such additional work is unavailable, so indicate and specify each instance.
Name of Action: Proposal to Create Planned Unit Development (PUD) Floating Zone District
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 E. Green St. (City Hall)
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone: 607-274-6550
Name of Owner(if different): n/a
Address: n/a
City/Town/Village: n/a State: n/a ZIP: n/a
Business Phone: n/a
Description of Action:
Proposal to Create Planned Unit Development (PUD) Floating Zone District
A PUD is a floating overlay zone, which may be placed within industrial zoned parcels located
within the City boundaries, anywhere deemed appropriate by Common Council. The purpose of
the PUD is to encourage and allow more creative and imaginative design of land development than
is possible under standard zoning district regulations. A PUD allows for flexibility in planning and
design, while, through the process of review, discussion, and law change, ensures efficient
investment in public improvements, a more suitable environment, and protection of community
interest.
Page 3
Please Complete Each Question (indicate N/A, if not applicable):
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: X Urban Industrial Commercial Public Forest
Agricultural Other:
2. Total area of project area: (Chosen units apply to following section also)
Approximate Area (Units in question 2 apply to this section) Currently After Completion
2a. Meadow or Brushland (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area
2f. Public
2g. Water Surface Area
2h. Unvegetated (rock, earth or fill)
2i. Roads, buildings and other paved surfaces ~105 acres. ~105 acres
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): n/a
3b. Soil Drainage: n/a Well-Drained ______% of Site
Moderately Well Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes X No N/A
4b. What is depth of bedrock? n/a (feet)
4c. What is depth to the water table? n/a (feet)
5. Approximate percentage of proposed project site
with slopes: n/a
0-10% % 10-15% %
15% or greater %
6a. Is project substantially contiguous to, or does it
contain a building, site or district, listed on or
eligible for the National or State Register of
Historic Places?
Yes No X N/A
6b. Or designated a local landmark or in a local
landmark district?
Yes No X N/A
7. Do hunting or fishing opportunities presently
exist in the project area? Yes X No N/A If yes, identify each species:
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SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant or
animal life that is identified as threatened or
endangered?
Yes X No N/A
According to:
Identify each Species:
9. Are there any unique or unusual landforms on the
project site? (i.e., cliffs, other geological
formations)
Yes X No N/A
Describe:
10. Is the project site presently used by the
community or neighborhood as an open space or
recreation area?
Yes X No N/A
If yes, explain:
11. Does the present site offer or include scenic views
known to be important to the community? Yes X No N/A
Describe:
12. Is project within or contiguous to a site
designated a Unique Natural Area (UNA) or
critical environmental area by a local or state
agency?
Yes X No N/A
Describe:
13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a
tributary: N/A
14. Lakes, ponds, wetland areas within or contiguous
to project area: n/a
a. Name:
b. Size (in acres):
15. Has the site been used for land disposal of solid
or hazardous wastes? Yes X No N/A
Describe:
16. Is the site served by existing public utilities?
a. If Yes, does sufficient capacity exist to allow
connection?
b. If Yes, will improvements be necessary to
allow connection?
Yes No X N/A
Yes No X N/A
Yes No X N/A
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
1a. Total contiguous area owned by project sponsor in acres: N/A
1b. Project acreage developed: ~105 acres initially ~105 acres. ultimately
1c. Project acreage to remain undeveloped: N/A
1d. Length of project in miles: (if appropriate) N/A or feet: N/A
1e. If project is an expansion, indicate percent of change proposed: N/A
1f. Number of off-street parking spaces existing: N/A proposed: N/A
1g.Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A
Page 5
1h. Height of tallest proposed structure: feet. N/A
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A
2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site:
N/A or added to the site: N/A
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site:
acres: N/A type of vegetation: N/A
4. Will any mature trees or other locally important vegetation be removed by this project? N/A
5. Are there any plans for re-vegetation to replace that removed during construction? N/A
6. If single phase project, anticipated period of construction N/Amonths, (including demolition)
7. If multi-phased project, anticipated period of construction N/A months, (including demolition)
7a. Total number of phases anticipated: N/A
7b. Anticipated date of commencement for first phase N/A month N/A year (including demolition)
7c. Approximate completion date of final phase N/A month N/A year.
7d. Is phase one financially dependent on subsequent phases? Yes No X N/A
8. Will blasting occur during construction? Yes No X N/A; if yes, explain:
9. Number of jobs generated: during construction 0 after project is completed 0
10. Number of jobs eliminated by this project: 0 Explain:
11. Will project require relocation of any projects or facilities? Yes X No N/A; if yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes X No N/A; if yes, explain:
12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): N/A
12c. If surface disposal, where specifically will effluent be discharged? N/A
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes X No N/A; if yes, explain:
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood
plain? Yes No X N/A
14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet
Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply.) N/A
14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as
described in Article 24 Of the ECL? Yes X No N/A;
14d. If #14a, b or c is yes, explain: N/A
15a. Does project involve disposal or solid waste? Yes X No N/A
15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No X N/A
15c. If #15b is yes, give name of disposal facility: N/A and its location:
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No X N/A; if yes, explain:
Page 6
15e. Will any solid waste be disposed of on site? Yes No X N/A; if yes, explain:
16. Will project use herbicides or pesticides? Yes No X N/A; if yes, specify:
17. Will project affect a building or site listed on or eligible for the National or State Register of Historic
Places or a local landmark or in a landmark district? Yes No X N/A; if yes, explain:
18. Will project produce odors? Yes No X N/A; if yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No X N/A; After construction? Yes No X N/A
20. Will project result in an increase of energy use? Yes No X N/A; if yes, indicate type(s) N/A
21. Total anticipated water usage per day: gals/day. N/A Source of water N/A
C. ZONING & PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? X Yes No N/A; if yes, indicate
the decision required:
X Zoning Amendment Zoning Variance New/Revision of Master Plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other:
2. What is the current zoning classification of site? I-1
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
N/A
4. Is proposed use consistent with present zoning? Yes No X N/A
5. If #4 is no, indicate desired zoning: N/A
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
N/A
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
X Yes No N/A; If no, explain:
8. What is the dominant land use and zoning classification within a ¼ mile radius of the project?
N/A
9. Is the proposed action compatible with adjacent land uses? X Yes No N/A Explain:
10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A
10b. What is the minimum lot size proposed? N/A
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11. Will the proposed action create a demand for any community-provided services? (recreation, education,
police, fire protection, etc.) ? Yes X No N/A Explain:
If yes, is existing capacity sufficient to handle projected demand? Yes No X N/A
Explain: N/A
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes X No N/A If yes, is the existing road network adequate to handle the additional traffic?
Yes X No N/A Explain:
D. APPROVALS
1. Approvals: Common Council Adoption
2a. Is any Federal permit required? Yes X No N/A; Specify:
2b. Does project involve State or Federal funding or financing? Yes X No N/A; If Yes, Specify:
2c. Local and Regional approvals:
Agency
Yes/No Type of
Approval Required
Submittal
Date
Approval
Date
COMMON COUNCIL YES ADOPTION
Board of Zoning Appeals (BZA) No
Planning & Development Board No
Ithaca Landmarks Preservation
Commission (ILPC)
No
Board of Public Works (BPW) No
Fire Department No
Police Department No
Building Commissioner No
Ithaca Urban Renewal Agency
(IURA)
No
E. INFORMATIONAL DETAILS
Attach any additional information as may be needed to clarify your project. If there are or may be any
adverse impacts associated with your proposal, please discuss such impacts and the measures which you
propose to mitigate or avoid them.
F. VERIFICATION
I certify the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: City of Ithaca
Signature:
Title: Economic Development Planner
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
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BACK-UP ITEM 9.3
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to project site? Yes No The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on land. Any potential impacts on land will
have to be evaluated if and when a planned unit development district is created.
Any construction on slopes of 15% or greater (15-foot rise per
100 feet of length) or where general slope in the project
exceeds 10%.
Yes No
Construction on land where depth to the water table is less
than 3 feet. Yes No
Construction of parking facility/area for 50 or more vehicles. Yes No
Construction on land where bedrock is exposed or generally
within 3 feet of existing ground surface. Yes No
Construction that will continue for more than 1 year or involve
more than one phase or stage. Yes No
Evacuation for mining purposes that would remove more than
1,000 tons of natural material (i.e., rock or soil) per year. Yes No
Construction of any new sanitary landfill. Yes No
Construction in designated floodway. Yes No
Other impacts (if any):
Yes No
2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges,
geological formations, etc.)? Yes No The proposed action establishes the
legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on unique land forms. Any potential impacts on unique land forms will
have to be evaluated if and when a planned unit development district is created.
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Specific land forms (if any):
Yes No
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Can Impact Be
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IMPACT ON WATER
3. Will project affect any water body designated as protected (under article 15 or 24 of
Environmental Conservation Law, E.C.L.)? Yes No The proposed action establishes
the legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on water. Any potential impacts on water will have to be evaluated if and
when a planned unit development district is created.
Developable area of site contains protected water body. Yes No
Dredging more than 100 cubic yards of material from channel
of protected stream. Yes No
Extension of utility distribution facilities through protected
water body. Yes No
Construction in designated freshwater wetland. Yes No
Other impacts (if any):
Yes No
4. Will project affect any non-protected existing or new body of water? Yes No The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on water. Any potential impacts on water
will have to be evaluated if and when a planned unit development district is created.
A 10% increase or decrease in surface area of any body of
water or more than 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of body of water that
exceeds 10,000 sq. ft. of surface area. Yes No
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek,
Cayuga Lake, or Cayuga Inlet? Yes No
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
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IMPACT ON WATER (cont.)
5. Will project affect surface or groundwater quality? Yes No The proposed action
establishes the legislation to allow for Council to create Planned Unit Development Districts
and has no immediate impact on groundwater. Any potential impacts on groundwater will have
to be evaluated if and when a planned unit development district is created.
Project will require discharge permit. Yes No
Project requires use of source of water that does not have
approval to serve proposed project. Yes No
Construction or operation causing any contamination of a
public water supply system. Yes No
Project will adversely affect groundwater. Yes No
Liquid effluent will be conveyed off the site to facilities which
do not currently exist or that have inadequate capacity. Yes No
Project requiring a facility that would use water in excess of
20,000 gallons per day or 500 gallons per minute. Yes No
Project will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an
obvious visual contrast to natural conditions.
Yes No
Proposed action will require storage of petroleum or chemical
products greater than 1,100 gallons. Yes No
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
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IMPACT ON WATER (cont.)
6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No
The proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on drainage or runoff. Any potential
impacts on drainage or runoff will have to be evaluated if and when a planned unit development
district is created.
Project would impede floodwater flows. Yes No
Project is likely to cause substantial erosion. Yes No
Project is incompatible with existing drainage patterns. Yes No
Other impacts (if any):
Yes No
IMPACT ON AIR
7. Will project affect air quality? Yes No The proposed action establishes the
legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on air quality. Any potential impacts on air quality will have to be evaluated if
and when a planned unit development district is created.
Project will induce 500 or more vehicle trips in any 8-hour
period per day. Yes No
Project will result in the incineration of more than 2.5 tons of
refuse per 24-hour day. Yes No
Project emission rate of all contaminants will exceed 5 lbs.
per hour or a heat source producing more than 10 million
BTUs per hour.
Yes No
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
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Can Impact Be
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IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered species? Yes No The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on plants and animals. Any potential impacts on plants
and animals will have to be evaluated if and when a planned unit development district is
created.
Reduction of any species, listed on New York or Federal list,
using the site, found over, on, or near site. Yes No
Removal of any portion of a critical or significant wildlife
habitat. Yes No
Application of pesticide or herbicide more than twice a year
other than for agricultural purposes. Yes No
Other impacts (if any):
Yes No
9. Will proposed action substantially affect non-threatened or non-endangered species?
Yes No The proposed action establishes the legislation to allow for Council to create
Planned Unit Development Districts and has no immediate impact on plants and animals. Any
potential impacts on plants and animals will have to be evaluated if and when a planned unit
development district is created.
Proposed action would substantially interfere with any
resident or migratory fish, or wildlife species. Yes No
Proposed action requires removal or more than ½ acre of
mature woods or other locally important vegetation. Yes No
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
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Can Impact Be
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IMPACT ON AESTHETIC RESOURCES
10. Will proposed action affect views, vistas, or visual character of the neighborhood or
community? Yes No The proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
aesthetic resources. Any potential impacts on aesthetic resources will have to be
evaluated if and when a planned unit development district is created.
Proposed land uses or proposed action components
obviously different from, or in sharp contrast to, current
surrounding land use patterns, whether man-made or natural.
Yes No
Proposed land uses or proposed action components visible to
users of aesthetic resources which will eliminate or
significantly reduce their enjoyment of aesthetic qualities of
that resource.
Yes No
Proposed action will result in elimination or major screening
of scenic views known to be important to the area. Yes No
Other impacts (if any):
Yes No
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological
importance? Yes No he proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
historic resources. Any potential impacts on historic resources will have to be evaluated if
and when a planned unit development district is created.
Proposed action occurring wholly or partially within, or
contiguous to, any facility or site listed on or eligible for the
National or State Register of Historic Places.
Yes No
Any impact to an archaeological site or fossil bed located
within the project site. Yes No
Proposed action occurring wholly or partially within, or
contiguous to, any site designated as a local landmark or in a
landmark district.
Yes No
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Other impacts (if any):
Yes No
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Potential
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Can Impact Be
Reduced by
Project Change?
IMPACT ON OPEN SPACE AND RECREATION
12. Will the proposed action affect the quantity or quality of existing or future open spaces, or
recreational opportunities? Yes No The proposed action establishes the legislation
to allow for Council to create Planned Unit Development Districts and has no immediate
impact on open spaces or recreational opportunities. Any potential impacts on open
spaces or recreational opportunities will have to be evaluated if and when a planned unit
development district is created.
The permanent foreclosure of a future recreational
opportunity. Yes No
A major reduction of an open space important to the
community. Yes No
Other impacts (if any):
Yes No
IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS
13. Will proposed action impact the exceptional or unique characteristics of a site designated
as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state
agency? Yes No The proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
unique natural areas or critical environmental areas. Any potential impacts on unique
natural areas or critical environmental areas will have to be evaluated if and when a
planned unit development district is created.
Proposed action to locate within a UNA or CEA? Yes No
Proposed action will result in reduction in the quality of the
resource. Yes No
Proposed action will impact use, function, or enjoyment of the
resource. Yes No
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Other impacts (if any):
Yes No
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Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing transportation systems? Yes No The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on transportation. Any potential impacts on
transportation will have to be evaluated if and when a planned unit development district is
created.
Alteration of present patterns of movement of people and/or
goods. Yes No
Proposed action will result in major traffic problems. Yes No
Other impacts:
Yes No
IMPACT ON ENERGY
15. Will proposed action affect community's sources of fuel or energy supply? Yes No
The proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on the community’s sources of fuel or
energy supply. Any potential impacts on the community’s sources of fuel or energy supply will
have to be evaluated if and when a planned unit development district is created.
Proposed action causing greater than 5% increase in any
form of energy used in municipality. Yes No
Proposed action requiring creation or extension of an energy
transmission or supply system to serve more than 50 single-
or two-family residences.
Yes No
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
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Proposal to Create Planned Unit Development (PUD) Floating Zone District
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Potential
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Can Impact Be
Reduced by
Project Change?
IMPACT ON NOISE AND ODORS
16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during
construction of, or after completion of, this proposed action? Yes No The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on noise or odors. Any potential impacts on noise
or odors will have to be evaluated if and when a planned unit development district is
created.
Blasting within 1,500 feet of a hospital, school, or other
sensitive facility? Yes No
Odors will occur routinely (more than one hour per day). Yes No
Proposed action will produce operating noise exceeding local
ambient noise levels for noise outside of structure. Yes No
Proposed action will remove natural barriers that would act as
noise screen. Yes No
Other impacts (if any):
Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety? Yes No The proposed action
establishes the legislation to allow for Council to create Planned Unit Development Districts
and has no immediate impact on public health and safety. Any potential impacts on public
health and safety will have to be evaluated if and when a planned unit development district is
created.
Proposed action will cause risk of explosion or release of
hazardous substances (i.e., oil, pesticides, chemicals,
radiation, etc.) in the event of accident or upset conditions, or
there will be chronic low-level discharge or emission.
Yes No
Proposed action may result in burial of “hazardous wastes” in
any form (i.e., toxic, poisonous, highly reactive, radioactive,
irritating, infectious, etc.)
Yes No
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Proposed action may result in excavation or other
disturbance within 2,000 feet of a site used for the disposal of
solid or hazardous wastes.
Yes No
Proposed action will result in handling or disposal or
hazardous wastes (i.e., toxic, poisonous, highly reactive,
radioactive, irritating, infectious, etc., including wastes that
are solid, semi-solid, liquid, or contain gases).
Yes No
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Potential
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Can Impact Be
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IMPACT ON PUBLIC HEALTH (cont.)
Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No
Use of any chemical for de-icing, soil stabilization, or control
of vegetation, insects, or animal life on the premises of any
residential, commercial, or industrial property in excess of
30,000 square feet.
Yes No
Other impacts (if any):
Yes No
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character of the existing community? Yes No The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on growth and character of the
community. Any potential impacts on growth and character of the community will have to be
evaluated if and when a planned unit development district is created.
The population of the city in which the proposed action is
located is likely to grow by more than 5% of resident human
population.
Yes No
The municipal budgets for capital expenditures or operating
services will increase by more than 5% per year as a result of
this proposed action.
Yes No
Proposed action will conflict with officially adopted plans or
goals. Yes No
Proposed action will cause a change in the density of land
use. Yes No
Proposed action will replace or eliminate existing facilities,
structures, or areas of historic importance to the community. Yes No
Development will create demand for additional community
services (e.g., schools, police, and fire, etc.) Yes No
Proposed action will set an important precedent for future Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
15 of 15
6/23/2014
actions.
Proposed action will relocate 15 or more employees in one or
more businesses. Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.)
Other impacts (if any):
Yes No
19. Is there public controversy concerning the proposed action? Yes No Unknown
— If any action in Part 2 is identified as a potential large impact,
or if you cannot determine the magnitude of impact, proceed to Part 3 —
9
I. Objective
A Planned Unit Development (PUD) is a floating overlay zone, which may be placed
within any industrial-zoned property located within City boundaries, if deemed
appropriate by the Common Council. The purpose of the PUD is to encourage and allow
more creative development of land than is possible under standard zoning district
regulations. A PUD allows for flexibility in planning and design, through a process of
review and discussion, ensures efficient investment in public improvements, a more
suitable environment, and protection of community interest. A PUD should be used only
when long-term community benefits will be achieved through high-quality development
― including, but not limited to, reduced regional traffic demands, greater quality and
quantity of public and/or private open space, community recreational amenities, needed
housing types and/or configurations, and innovative designs ― and for the protection
and/or preservation of natural resources. It is intended for both residential and non-
residential development, as well as mixed forms of development. There may be uses,
now or in the future, which are not expressly permitted by the other terms of the Zoning
Ordinance, but which would not conflict with long-range Comprehensive Plan objectives
if they adhere to certain pre-determined performance and design conditions. The PUD is
intended to enable these developments to occur, even though they may not be specifically
authorized by City Zoning District regulations.
II. Requirements
With the approval of the City Common Council, a PUD may be established in any
industrially zoned parcel within the City boundary. The establishment of any such zone
shall lie at the sole discretion of the City Common Council, as the legislative body. It
shall be established by amending the Zoning Ordinance to permit it. The enactment and
establishment of such a zone shall be a legislative act. No owner of land or other person
having an interest in land shall be entitled as a matter of right to the enactment or
establishment of any such zone.
In a PUD, buildings and land may be used for any lawful purpose permitted in the zone
where it is located, plus any other uses which the Common Council may authorize upon
finding that such additional uses:
Further the health and welfare of the community;
Are in accordance with the City Comprehensive Plan;
The Planned Unit Development Zone is a floating zone intended to allow flexibility in zoning regulations for
projects found to be beneficial to the community and expected to further the goals of the City Comprehensive
Plan.
The City of Ithaca is committed to creating a work environment and community that value and support diversity and inclusion,
and to developing laws, policies, and procedures that are mindful and inclusive of our diverse community.
2
Create at least one long-term community benefit; and
Are located in an area of the City currently zoned industrial.
All development restrictions, including, but not limited to, yard size, height restriction,
building coverage, and lot size, shall be as set forth in the legislation rezoning the area to
a PUD, as established by the City Common Council. In addition, the City Common
Council may impose any conditions or limitations determined to be necessary or
desirable to ensure the development conforms to the City’s Comprehensive Plan,
including: limiting the permitted uses, location, and size of buildings and structures;
providing open space and recreational areas; and requiring bonds or other assurances of
completion of any infrastructure to be built as part of the development.
No structure shall be erected or placed within a PUD, no Building Permit shall be issued
for a building or structure within a PUD, and no existing building, structure, or use in a
PUD shall be changed, unless the proposed building and/or use is in accordance with Site
Plan Approval.
III. Application Process
A developer proposing a project that does not conform to the existing zoning
requirements may apply for a PUD to be placed on property under their control. The
application process is as follows:
1. Staff/Applicant Pre-Application Meeting. An applicant seeking
alternate zoning for their property must first contact the Department of
Planning, Building, and Development for a pre-application meeting.
Staff will explain the requirements, the application process, the timeline,
and the fees associated with a PUD request.
2. Application Submission. Applicant must submit a completed PUD
application along with the required fee. The Application must include a
conceptual development plan, and an explanation of the request for
alternate zoning. The conceptual plan must include the proposed sizes
of yards, maximum heights and stories of all proposed buildings,
maximum lot coverage, adjacent uses and adjacent zoning.
3. Planning and Economic Development Committee. The Planning
and Economic Development Committee of the Common Council will
consider the application for completion and will schedule a Public
Information Session. The developer will be expected to be present at
this meeting.
4. Circulation. The Planning and Economic Development Committee will
also authorize and direct staff to circulate the proposal for review and
comment from City Boards/Committees, the Tompkins County Planning
Department, and any neighboring property owners within 500 feet of the
proposed project. Comments and concerns will be forwarded to the
applicant and to the Common Council for their consideration.
3
5. Public Information Session. Within 30 days of receiving a completed
application, the City will schedule a Public Information Session, at which
the developer will be responsible for presenting information about the
project and answering questions from the public. The City will advertise
the Public Information Session with a press release to the local media
at least 15 days, but no more than 20 days, prior to the meeting. The
applicant is responsible for posting the property at least 5 days prior to
the Public Information Session, with the date, time, and location of the
meeting.
6. Committee Recommendation. Once the comments have been
received, the Planning and Economic Development Committee will hold
a legally noticed public hearing at a regularly scheduled committee
meeting. The City will publish a legal notice of the hearing 15 days prior
to the hearing. The Committee will consider all comments that have
been received, as well as all comments made at the public hearing and
will make a recommendation to the Common Council. The
recommendation may include additional requirements or limitations to
either mitigate undesirable impacts or to ensure the development
conforms to the goals of the City’s Comprehensive Plan.
7. Conditional Approval. The Common Council will consider the request
and may pass a resolution granting a conditional approval, subject to
further site plan review approval and instructing staff to take the project
through the environmental review process. Not withstanding any
conflicting provisions of the City Code, an applicant whose application
has received approval in concept from the Common Council (Approval
in Concept) shall be permitted, for the purpose of commencing site
plan review, to proceed with a Building Permit application, despite any
zoning-based deficiencies in the application, so long as all such
deficiencies may be cured by final Council approval of the PUD.
8. Site Plan Review Application—Applicant submits a site plan review
application and begins the environmental review process.
9. Declaration of Intent to Act as Lead Agency—Planning Board
declares its intent to be the lead agency for the environmental review of
the project and the PUD and notifies all other involved agencies,
including the Common Council.
4
10. Common Council Involvement—As a part of the environmental
review process for the project and the PUD, the Planning Board will
update the Common Council after each Planning Board meeting where
the project is considered and will request ongoing written comments
from the Common Council.
11. Environmental Review/Site Plan Review—The Planning Board will be
the lead agency for the environmental review and site plan review of the
project. The project will undergo the normal site plan review process.
12. Common Council Consideration of the PUD—When and if the
project has received a negative declaration of environmental
significance and contingent site plan approval, it (the applicant) will
return to the Common Council for final consideration of the adoption of
the PUD. Final Council approval, if any, shall be granted via ordinance.
5
IV. Expiration
A developer who receives PUD approval will have 24 months to begin construction of
their project. If construction on the property has not been developed in accordance with
the approved plan after 24 months, the PUD will automatically be revoked, unless
otherwise stated by the Common Council; and the property will return to the previously
approved zoning restrictions. In extenuating circumstances, the developer may apply to
the Common Council for an extension of PUD approval.
If the site plan changes significantly, as determined by the Director of Planning and
Development, it may require re-consideration by the Common Council. Alternatively,
the Director of Planning and Development may determine the changes are minor and do
not require re-approval.
V. Application & Processing Fees
A developer wishing to apply for a PUD will pay a flat fee of $1,200.00 (twelve hundred
dollars). This fee will cover all advertising costs, as well as staff processing time. The
application fee is due at the time the full application is submitted.
6
Part 1. – Applicant Information
Application Date:____/____/_____
1. Applicant Information
Applicant Name (all principal owners of 15% or more must be listed):
____________________________________________________________________
_____________________________________________________________________
Address:_______________________City:__________State:______Zip:________
Phone:___________________________Email:____________________________
Property Owner (if different from applicant):
_______________________________________
Address:_________________________City:__________State:______Zip:______
Phone:___________________________Email:____________________________
2. Property Information
(Applicant must provide either proof of ownership or an owner’s authorization.)
Property Street Address: _____________________________________________
Tax Parcel Number: ________________________________________________
Legal Description of Property: ________________________________________
Zoning District: ______Area: ________Frontage: _____________
Current Uses: _____________________________________________________
7
3. Project Information
Project Name: _______________________________________________________
________________________________________________________________________
Project Narrative and Summary of Community Benefits (attach additional sheets as
needed): ________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Project Location:________________________________________________________
Property Size (acres) – both existing & proposed:_____________________________
Building Size (square feet) – both existing & proposed:_________________________
Proposed Project Start & Completion Dates:_________________________________
Approx. # of rental housing units:__________________________________________
Approx. # of for-sale housing units:_________________________________________
Approx. SF of office:_____________________________________________________
Approx. SF of retail/commercial:___________________________________________
Approx. SF of community/non-profit use:____________________________________
Approx. SF of light industrial/high-tech:_____________________________________
Approx. SF of industrial/manufacturing:_____________________________________
Approx. SF of other uses specify: ___________________________________________
8
Part 4. – Project Costs
Cost of New Construction:___________________
Value of Improvements:_____________________
Value of Equipment to Be Acquired:___________
Other:____________________________________
Total:____________________
Part 5. – Criteria & Potential Project Benefits
MINIMUM QUALIFICATION CRITERIA
A PUD can only be established if the following criteria are all determined to have
been met:
The project furthers the health and welfare of the community.
The project is in accordance with the City Comprehensive Plan.
The project creates at least one long-term community benefit.
The property is located in an area of the City currently zoned industrial.
PUD APPROVAL CONSIDERATIONS
In addition to meeting the minimum criteria, the following will also be considered
when evaluating whether to grant a PUD for a proposed project:
(1) Please demonstrate why this project cannot move forward under existing
zoning. Why should a PUD be a desirable way to regulate development on this
site?
(2) Will the project provide for public access pedestrian linkages (active
recreation)?
(3) What are the heights of buildings in this project? How do building masses and
locations compare to each other and to other structures in the vicinity?
(4) Are there available and adequate transportation systems within the PUD for
pedestrians, bicycles, and motor vehicles, including public transit? What is the
impact on the external transportation network?
(5) What is the character of the neighborhood in which the PUD is being
proposed? Are there safeguards provided to minimize possible detrimental
effects of the proposed use on adjacent properties and the neighborhood in
general?
9
(6) How do the proposed open space and recreational systems function within the
PUD and in relation to the City’s overall open space and recreational systems?
(7) What is the general ability of the land to support the development, including
such factors as slope, depth-to-bedrock, depth-to-water table, and soil type?
(8) What potential impacts are there on environmental, historical, and/or
architectural resources? Does the proposed PUD serve to protect these
resources?
(9) What potential impacts are there on local government services?
(10) Is there available and adequate water service?
(11) Is there available and adequate sewer service?
(12) Will the PUD provide several of the community benefits listed below that
contribute to making the project a long-term asset for the community?
POTENTIAL COMMUNITY BENEFITS RESULTING FROM THE PUD PROJECT
(1) What will be the increase to the tax roll value of new real property?
(2) How many FTE jobs will be created as a result of the project? Will the
project result in job creation of positions that pay at least a living wage?
(3) Will the project result in job creation, of which at least 51% will be held by
persons earning 80% or less of Area Median Income?
(4) Will the applicant provide affordable housing at rents that do not exceed Fair
Market Rents occupied by households earning no more than 80% of Area
Median Income, adjusted for family size (must determine duration)?
(5) Will the project fill vacant store fronts?
(6) Will the project involve environmental remediation?
(7) Is the project an historic preservation project (in accordance with the
Secretary of the Interior's Standards for Rehabilitation)?
(8) Will the project be assisting/contracting/renting to Minority and Women-
Owned Business Enterprises (MWBEs)?
(9) Will the project provide free (or reduced cost) community space in the project
(e.g., to a 501(c)(3) non-profit)?
(10) Will the project produce large-scale alternative energy, local energy, or
combined heat/power that results in a significant reduction in greenhouse gas
emissions?
(11) Will the project result in high-tech job creation?
(12) Does the project contain the redevelopment of a brownfield site?
(13) Will this project provide any other community-wide benefits?
10. CITY ADMINISTRATION COMMITTEE:
10.1 Addition to Common Council Rules of Procedure - Resolution
WHEREAS, Council believes that it could operate with greater transparency and clarity with the
addition of formal rules regarding the use of official City letterhead stationery; now, therefore, be
it
RESOLVED, That the Common Council Rules of Procedure be amended to add one new
section as follows:
Revised structure:
XI Communication by Council members
XI A Communications between Council Members and Staff
XIA – 1 - Council members who need information from City staff….
XIA – 2 – Whenever Council members seek information….
XIA – 3- Council members should never attempt to influence…
XI B Use of Council letterhead
XIB – 1 The primary use of Common Council letterhead stationery is to
communicate official Council positions on matter of public concern. These
positions may be communicated by members of Council designated to speak for
the whole when a majority of Council members have consented.
XIB – 2- A secondary use of Common Council letterhead stationery is to allow
individual Council members to express views regarding matters of official City
business. In these instances it must be clear that that the opinion expressed by
the Council member is that member’s opinion only and may not be the official
opinion of the City or Council as a body.
XIB - 2 – a - When expressing her/his own position on City letterhead, a
Council member must use letterhead designating her/his office, e.g. “Ezra
Ithacan, Sixth Ward Alderperson, Common Council, City of Ithaca.” This
personal letterhead may also be used, for example, for letters of
reference or recommendation if the Alderperson, in her/his capacity as a
City official, has known the subject.
XIB – 2 – b - When two or more Council members collaborate to express
a view not officially advocated by the majority of Council, those
Alderpersons may electronically design their own joint letterhead
indicating their names and offices, or use Council letterhead, but in either
case must explicitly state in the letter that their view is not that of the
majority or the official view.
XIB – 3 – Council members shall not use City letterhead stationery or the
City logo for their private correspondence or on behalf of private
individuals or organizations. Correspondence on letterhead should never
give the appearance of using the office of Alderperson for personal gain
or influence.
10.2 Chamberlain – Request to Waive Penalty on Taxes - Resolution
WHEREAS, neither the owners nor the third party payee of the taxes on 701 W. Buffalo
Street received a tax bill because the mailing address was incorrect, and
WHEREAS, NYS Real Property Tax Law states that failure of the payee to receive the
bill does not affect the validity of the penalties, and
WHEREAS, Real Property Tax Law also provides that the governing board of the taxing
authority may reduce or waive the penalty; now, therefore be it
RESOLVED, That the request to waive the penalty on the 2014 City of Ithaca First
Installment and Tompkins County taxes for 701 W. Buffalo Street in the amount of
$451.25 is hereby denied.
10.3 A Resolution Authorizing the Issuance of $147,700 Bonds of the City of
Ithaca, Tompkins County, New York, to Pay the Cost of the Purchase and
Installation of Pedestrian Countdown Timers, in and for said City
WHEREAS, all conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, the capital project hereinafter described has been determined to be a Type
II Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality
Review Act, the implementation of which as proposed, said regulations provide will not
result in any significant environmental effects; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof;
now, therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the class of objects or purposes of paying the cost of the purchase
and installation of pedestrian countdown timers, including incidental expenses in
connection therewith, in and for the City of Ithaca, Tompkins County, New York, there
are hereby authorized to be issued $147,700 bonds pursuant to the provisions of the
Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of the aforesaid
class of objects or purposes is $147,700, and that the plan of financing thereof is by the
issuance of the $147,700 bonds of said City authorized to be issued pursuant to this
bond resolution; PROVIDED, HOWEVER, that to the extent that any Federal or State
grants-in-aid are received for such class of objects or purposes, the amount of bonds to
be issued pursuant to this resolution shall be reduced dollar for dollar.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is twenty years, pursuant to subdivision 72(2nd) of
paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined
that the maximum maturity of the bonds herein authorized will exceed five years.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in
summary form in the official newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
10.4 A Resolution Authorizing the Issuance of An Additional $3,800,000 Bonds
of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the
Reconstruction of the Ithaca Commons Pedestrian Mall, in and for said city
WHEREAS, all conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof;
now, therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of
reconstruction of Ithaca Commons Pedestrian Mall, including utility replacement,
electrical upgrades, surface treatment, and various new site amenities, including
incidental improvements, equipment, machinery, apparatus, appurtenances,
furnishings, and expenses in connection therewith, in and for the City of Ithaca,
Tompkins County, New York, there are hereby authorized to be issued an additional
$3,800,000 bonds pursuant to the provisions of the Local Finance Law. Said specific
object or purpose is hereby authorized at the new maximum estimated cost of
$12,800,000.
Section 2. The plan for the financing of such $12,800,000 maximum estimated cost is
as follows:
a) By the issuance of the $9,000,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated December 5, 2012; and
b) By the issuance of the additional $3,800,000 bonds of said City herein
authorized; provided, however, that the amount of obligations ultimately to be issued will
be reduced by any State and/or Federal grants-in-aid to be received by said City for
said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is twenty years, pursuant to subdivision 80 of
paragraph a of Section 11.00 of the Local Finance Law, computed from February 15,
2011, the date of the first bond anticipation note issued therefor.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in
summary form in the official newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
10.5 A Resolution Authorizing the Issuance of an Additional $740,000 Bonds of
the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the
Investigation and Remediation of the Ithaca Falls Overlook Site, in and for said
City
WHEREAS, all conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof;
now, therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of investigation
and remediation of the Ithaca Falls Overlook site, including incidental expenses in
connection therewith, in and for the City of Ithaca, Tompkins County, New York, there
are hereby authorized to be issued an additional $740,000 bonds pursuant to the
provisions of the Local Finance Law. Said specific object or purpose is hereby
authorized at the new maximum estimated cost of $1,518,000.
Section 2. The plan for the financing of such $1,518,000 maximum estimated cost is
as follows:
a) By the issuance of the $778,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated July 6, 2011; and
b) By the issuance of the additional $740,000 bonds of said City herein authorized;
provided, however, that the amount of obligations ultimately to be issued will be reduced
by any State and/or Federal grants-in-aid to be received by said City for said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is five years, pursuant to subdivision 62(2nd) of
paragraph a of Section 11.00 of the Local Finance Law, computed from August 15,
2011, the date of the first bond anticipation note issued therefor.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in
summary form in the official newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
10.6 A Resolution Authorizing the Issuance Pursuant to Section 90.00 or
Section 90.10 of the Local Finance Law of Refunding Bonds of the city of
Ithaca, Tompkins County, New York, to be Designated Substantially "Public
Improvement Refunding (Serial) Bonds", and Providing for Other Matters in
Relation Thereto and the Payment of the Bonds to be Refunded Thereby
WHEREAS, the City of Ithaca, Tompkins County, New York (hereinafter, the "City")
heretofore issued $17,110,000 Public Improvement (Serial) Bonds, 2007 (the "2007
Bonds"), pursuant to various bond resolutions to pay the cost of certain objects or
purposes in and for said City, as set forth in Exhibit A attached hereto and thereby
made a part hereof, and a bond determinations certificate of the Controller dated
January 17, 2007 (hereinafter referred to as the "Refunded Bond Certificate"), such
Public Improvement (Serial) Bonds, 2007, now outstanding in the amount of
$12,175,000, maturing on January 15 annually in each of the years 2015 to 2025,
both inclusive, as more fully described in the Refunded Bond Certificate; and
WHEREAS, it would be in the public interest to refund all or a portion of $10,360,000
of the $12,175,000 outstanding principal balance of said bonds maturing in the years
2017 to 2025, both inclusive (the "Refunded Bonds"), by the issuance of refunding
bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law; and
WHEREAS, such refunding will result in present value savings in . debt service as so
required by Section 90.10 of the Local Finance Law; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New
York, as follows:
Section 1. For the object or purpose of refunding the $10,360,000 outstanding
principal balance of the Refunded Bonds, including providing moneys which,
together with the interest earned from the investment of certain of the proceeds of the
refunding bonds herein authorized, shall be sufficient to pay (i) the principal amount of the
Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on the
Refunded Bonds to and including the date on which the Refunded Bonds which are callable
are to be called prior to their respective maturities in accordance with the refunding
financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the
issuance of the refunding bonds herein authorized, including the development of the
refunding financial plan, as hereinafter defined, compensation to the underwriter or
underwriters, as hereinafter defined, costs and expenses of executing and performing the
terms and conditions of the escrow contract or contracts, as hereinafter defined, and
fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv) the
redemption premium payable on the Refunded Bonds, and (v) the premium or premiums
for a policy or policies of municipal bond insurance or cost or costs of other credit
enhancement facility or facilities, for the refunding bonds herein authorized, or any
portion thereof, there are hereby authorized to be issued not exceeding $11,000,000
refunding serial bonds of the City pursuant to the provisions of Section 90.00 or Section
90.10 of the Local Finance Law (the "City Refunding Bonds" or the "Refunding Bonds"), it
being anticipated that the amount of Refunding Bonds actually to be issued will be
approximately $9,795,000, as provided in Section 4 hereof. The Refunding Bonds shall
each be designated substantially "PUBLIC IMPROVEMENT REFUNDING (SERIAL)
BOND" together with such series designation and year as is appropriate on the date of
sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof
(except for any odd denominations, if necessary) not exceeding the principal amount of
each respective maturity, shall be numbered with the prefix R-14 (or R with the last two
digits of the year in which the Refunding Bonds are issued as appropriate) followed by
a dash and then from 1 upward, shall be dated on such dates, and shall mature
annually on such dates in such years, bearing interest semi-annually on such dates,
at the rate or rates of interest per annum, as may be necessary to sell the same,
all as shall be determined by the Controller pursuant to Section 4 hereof. It is hereby
further determined that (a) such Refunding Bonds may be issued in series, (b) such
Refunding Bonds may be sold at a discount in the manner authorized by paragraph a
of Section 57.00 of the Local Finance Law and pursuant to subdivision 2 of
paragraph f of Section 90.10 of the Local Finance Law, and (c) such Refunding
Bonds may be issued as a single consolidated issue. It is hereby further determined
that such Refunding Bonds may be issued to refund all, or any portion of, the
Refunded Bonds, subject to the limitation hereinafter described in Section 10 hereof
relating to approval by the State Comptroller.
Section 2. The Refunding Bonds may be subject to redemption prior to maturity
upon such terms as the Controller shall prescribe, which terms shall be in compliance
with the requirements of Section 53.00 (b) of the Local Finance Law. If less than all
of the Refunding Bonds of any maturity are to be redeemed, the particular refunding
bonds of such maturity to be redeemed shall be selected by the City by lot in any
customary manner of selection as determined by the Controller. The Refunding Bonds
shall be issued in registered form and shall not be registrable to bearer or
convertible into bearer coupon form. In the event said Refunding Bonds are issued
in non-certificated form, such bonds, when issued, shall be initially issued in
registered form in denominations such that one bond shall be issued for each
maturity of bonds and shall be registered in the name of Cede & Co., as nominee of
The Depository Trust Company, New York, New York ("DTC"), which will act as
securities depository for the bonds in accordance with the Book-Entry-Only system of
DTC. In the event that either DTC shall discontinue the Book-Entry-Only system or
the City shall terminate its participation in such Book-Entry-Only system, such bonds
shall thereafter be issued in certificated form of the denomination of $5,000 each or
any integral multiple thereof (except for any odd denominations, if necessary) not
exceeding the principal amount of each respective maturity. In the case of non-
certificated Refunding Bonds, principal of and interest on the bonds shall be payable
by check or draft mailed by the Fiscal Agent (as hereinafter defined) to The
Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while
the bonds are registered in the name of Cede & Co. in accordance with such Book-
Entry-Only System. Principal shall only be payable upon surrender of the bonds at
the principal corporate trust office of such Fiscal Agent (or at the office of the City
Clerk as Fiscal Agent as hereinafter provided).
In the event said Refunding Bonds are issued in certificated form, principal of and
interest on the Refunding Bonds shall be payable by check or draft mailed by the
Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds
as shown on the registration books of the City maintained by the Fiscal Agent (as
hereinafter defined), as of the close of business on the fifteenth day of the calendar
month or last business day of the calendar month preceding each interest payment
date as appropriate and as provided in a certificate of the Controller providing for the
details of the Refunding Bonds. Principal shall only be payable upon surrender of
bonds at the principal corporate trust office of a bank or trust company or banks or
trust companies located or authorized to do business in the State of New York, as
shall hereafter be designated by the Controller as fiscal agent of the City for the
Refunding Bonds (collectively the "Fiscal Agent").
Refunding Bonds in certificated form may be transferred or exchanged at any time
prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of
the same maturity of any authorized denomination or denominations in the same
aggregate principal amount.
Principal and interest on the Refunding Bonds will be payable in lawful money of
the United States of America.
The Controller, as chief fiscal officer of the City, is hereby authorized and directed
to enter into an agreement or agreements containing such terms and conditions as
he or she shall deem proper with the Fiscal Agent, for the purpose of having such
bank or trust company or banks or trust companies act, in connection with the
Refunding Bonds, as the Fiscal Agent for said City, to perform the services
described in Section 70.00 of the Local Finance Law, and to excute such agreement
or agreements on behalf of the City, regardless of whether the Refunding Bonds are
initially issued in certificated or non-certificated form; provided, however, that the
Controller is also hereby authorized to name the City Clerk as the Fiscal Agent in
connection with the Refunding Bonds.
The Controller is hereby further delegated all powers of this Common Council with
respect to agreements for credit enhancement, derived from and pursuant to Section
168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited
to the determination of the provider of such credit enhancement facility or facilities
and the terms and contents of any agreement or agreements related thereto.
The Refunding Bonds shall be executed in the name of the City by the manual or
facsimile signature of the Controller, and a facsimile of its corporate seal shall be
imprinted thereon. In the event of facsimile signature, the Refunding Bonds shall be
authenticated by the manual signature of an authorized officer or employee of the
Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision
4 of paragraph g of Section 90.00 of the Local Finance Law or subdivision 4 of
paragraph j of Section 90.10 of the Local Finance Law, as applicable, and the recital
of validity clause provided for in Section 52.00 of the Local Finance Law and shall
otherwise be in such form and contain such recitals, in addition to those required by
Section 51.00 of the Local Finance Law, as the Controller shall determine. It is
hereby determined that it is to the financial advantage of the City not to impose and
collect from registered owners of the Refunding Bonds any charges for mailing,
shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and,
accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no
such charges shall be so collected by the Fiscal Agent.
Section 3. It is hereby determined that the maximum amount of the Refunding
Bonds authorized to be issued pursuant to this resolution does not exceed the
limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local
Finance Law; the maximum period of probable usefulness permitted by law at the
time of the issuance of the Refunded Bonds for the objects or purposes for which
such Refunded Bonds were issued is as shown upon Exhibit A attached hereto and
hereby made a part hereof; the last installment of the Refunding Bonds will mature
not later than the expiration of the period of probable usefulness of the objects or
purposes for which said Refunded Bonds were issued in accordance with the
provisions of subdivision 1 of paragraph a of Section 90.00 of the Local Finance Law
and subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law, as
applicable; the estimated present value of the total debt service savings anticipated
as a result of the issuance of the Refunding Bonds, if any, computed in accordance
with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local
Finance Law, is as shown in the Refunding Financial Plan described in Section 4
hereof.
Section 4. The financial plan for the aggregate of the refundings authorized by
this resolution (collectively, the "Refunding Financial Plan"), showing the sources and
amounts of all moneys required to accomplish such refundings, the estimated present
value of the total debt service savings and the basis for the computation of the
aforesaid estimated present value of total debt service savings, are set forth in Exhibit
B attached hereto and made a part of this resolution. The Refunding Financial Plan
has been prepared based upon the assumption that the Refunding Bonds will be
issued in one series to refund all of the Refunded Bonds in the principal amount of
$9,795,000, and that the Refunding Bonds will mature, be of such terms, and bear
interest as set forth on Exhibit B attached hereto and made a part of this resolution.
This Common Council recognizes that the Refunding Bonds may be issued in one
or more series, and for all of the Refunded Bonds, or portions thereof, that the
amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by
the Refunding Bonds to be issued by the City will most probably be different from
such assumptions and that the Refunding Financial Plan will also most probably be
different from that attached hereto as Exhibit B. The Controller is hereby authorized
and directed to determine which of the Refunded Bonds will be refunded and at what
time, the amount of the Refunding Bonds to be issued, the date or dates of such
bonds and the date or dates of issue, maturities and terms thereof, the provisions
relating to the redemption of Refunding Bonds prior to maturity, whether the
Refunding Bonds will be insured by a policy or policies of municipal bond insurance
or otherwise enhanced by a credit enhancement facility or facilities, whether the
Refunding Bonds shall be sold at a discount in the manner authorized by paragraph
e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be
borne thereby, whether the Refunding Bonds shall be issued having substantially
level or declining annual debt service and all matters related thereto, and to prepare,
or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds
and all powers in connection therewith are hereby delegated to the Controller;
provided, that the terms of the Refunding Bonds to be issued, including the rate or
rates of interest borne thereby, shall comply with the requirements of Section 90.00
or Section 90.10 of the Local Finance Law as applicable. The Controller shall file a
copy of his certificate determining the details of the Refunding Bonds and the final
Refunding Financial Plan with the City Clerk not later than ten (10) days after the
delivery of the Refunding Bonds, as herein provided.
Section 5. The Controller is hereby authorized and directed to enter into an
escrow contract or contracts (collectively the "Escrow Contract") with a bank or trust
company, or with banks or trust companies, located and authorized to do business
in this State as said President shall designate (collectively the "Escrow Holder") for
the purpose of having the Escrow Holder act, in connection with the Refunding Bonds,
as the escrow holder to perform the services described in Section 90.10 of the Local
Finance Law.
Section 6. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged to the payment of the principal of and interest on the
Refunding Bonds as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and
interest on such bonds becoming due and payable in such year. There shall be
annually levied on all the taxable real property in said City a tax sufficient to pay the
principal of and interest on such Refunding Bonds as the same become due and
payable.
Section 7. All of the proceeds from the sale of the Refunding Bonds, including
the premium, if any, but excluding accrued interest thereon, shall immediately upon
receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds.
Accrued interest on the Refunding Bonds shall be paid to the City to be expended
to pay interest on the Refunding Bonds. Such proceeds as are deposited in the
escrow deposit fund to be created and established pursuant to the Escrow Contract,
whether in the form of cash or investments, or both, inclusive of any interest earned
from the investment thereof, shall be irrevocably committed and pledged to the
payment of the principal of and interest on the Refunded Bonds in accordance with
Section 90.10 of the Local Finance Law, and the holders, from time to time, of the
Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder.
Such pledge and lien shall become valid and binding upon the issuance of the
Refunding Bonds and the moneys and investments held by the Escrow Holder for the
Refunded Bonds in the escrow deposit fund shall immediately be subject thereto
without any further act. Such pledge and lien shall be valid and binding as against all
parties having claims of any kind in tort, contract or otherwise against the City
irrespective of whether such parties have notice thereof.
Section 8. Notwithstanding any other provision of this resolution, so long as any of
the Refunding Bonds shall be outstanding, the City shall not use, or permit the use
of, any proceeds from the sale of the Refunding Bonds in any manner which would
cause the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the
Internal Revenue Code of 1986, as amended, and, to the extent applicable, the
Regulations promulgated by the United States Treasury Department thereunder.
Section 9. In accordance with the provisions of Section 53.00 and of paragraph h
of Section 90.10 of the Local Finance Law, in the event such bonds are refunded,
the City hereby elects to call in and redeem each of the Refunded Bonds which the
Controller shall determine to be refunded in accordance with the provisions of
Section 4 hereof and with regard to which the right of early redemption exists. The
sum to be paid therefor on such redemption date shall be the par value thereof, and
the accrued interest to such redemption date. The Escrow Agent for the Refunding
Bonds is hereby authorized and directed to cause notice of such call for redemption
to be given in the name of the City in the manner and within the times provided in
the Refunded Bond Certificate. Such notice of redemption shall be in substantially
the form attached to the Escrow Contract. Upon the issuance of the Refunding
Bonds, the election to call in and redeem the callable Refunded Bonds and the
direction to the Escrow Agent to cause notice thereof to be given as provided in this
paragraph shall become irrevocable, provided that this paragraph may be amended
from time to time as may be necessary in order to comply with the publication
requirements of paragraph a of Section 53.00 of the Local Finance Law, or any
successor law thereto.
Section 10. The Refunding Bonds shall be sold at public competitive sale or at
private sale to (the "Underwriter") an underwriter as shall be determined by the
Controller for purchase prices to be determined by the Controller, plus accrued
interest from the date or dates of the Refunding Bonds to the date or dates of the
delivery of and payment for the Refunding Bonds. Subject to the approval of the
terms and conditions of such private sale by the State Comptroller as may be
required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law,
the Controller, is hereby authorized to execute and deliver a purchase contract for the
Refunding Bonds in the name and on behalf of the City providing the terms and
conditions for the sale and delivery of the Refunding Bonds to the Underwriter if sold
at private sale. After the Refunding Bonds have been duly executed, they shall be
delivered by the Controller to the purchaser or to the Underwriter in accordance with
said purchase contract upon the receipt by the City of said the purchase price,
including accrued interest.
Section 11. The Controller and all other officers, employees and agents of the City
are hereby authorized and directed for and on behalf of the City to execute and
deliver all certificates and other documents, perform all acts and do all things required
or contemplated to be executed, performed or done by this resolution or any
document or agreement approved hereby.
Section 12. All other matters pertaining to the terms and issuance of the
Refunding Bonds shall be determined by the Controller and all powers in connection
thereof are hereby delegated to the Controller. The Controller shall be further
authorized to issue said Refunding Bonds pursuant to Section 90.00 or Section
90.10 of the Local Finance Law as said officer shall determine necessary.
Section 13. The validity of the Refunding Bonds may be contested only if:
1. Such obligations are authorized for an object or purpose for which
said City is not authorized to expend money, or
2. The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3. Such obligations are authorized in violation of the provisions of the
Constitution.
Section 14. A summary of this resolution, which takes effect immediately, shall be
published in the official newspapers of said City, together with a notice of the City
Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.