HomeMy WebLinkAbout04-13-16 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: April 13, 2016
TIME: 6pm
LOCATION: 3rd floor City Hall
Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Start
1) Call to Order/Agenda Review
2) Public Comment and Response from Committee
Members
3) Special Order of Business
a) Public Hearing: Incentive Zoning for
Affordable Housing
b) Public Hearing: (TM) PUD Application: Cherry
Street Arts Space
4) Announcements, Updates, Reports
a) CIITAP
b) Backyard Chickens
c) Joint Committee Meeting on Chain Works
5) Discussion
a) Incentive Zoning for Affordable Housing
6) Action Items (Voting to Send on to Council)
a) Public Art Commission Mural
b) (TM) PUD Application: Cherry Street Arts
Space
c) Resolution to New York State Concerning
Property Taxes on Resale Restricted Homes
d) 401 Lake Street: Consideration of NAC
Recommendation
e) Cell Tower Ordinance Changes
f) Waterfowl Ordinance
7) Review and Approval of Minutes
a) March 2016
8) Adjournment
No
No
Yes
Yes
No
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Seph Murtagh, Chair
Various
Lynn Truame, IURA
Megan Wilson, Planning Staff
Lisa Nicholas, Planning Staff
Nels Bohn, IURA
Nels Bohn, IURA
JoAnn Cornish, Planning Director
Josephine Martell, Common Council
6:00
6:05
6:20
6:30
6:40
6:45
7:15
7:20
7:30
7:45
8:10
8:30
8:55
9:00
If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274‐6570 by 12:00
noon on Tuesday, April 12, 2016.
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To: Svante Myrick, Mayor Mike Thorne, Superintendent of Public Works
Common Council Mike Niechwiadowicz, Director of Code Enforcement
Julie Holcomb, City Clerk Planning & Development Board
Aaron Lavine, City Attorney Conservation Advisory Council (CAC)
Board of Public Works (BPW) Rental Housing Advisory Commission (RHAC)
JoAnn Cornish, Director of Planning & Economic Development
Edward Marx, Tompkins County Commissioner of Planning
Phyllis Radke, Director of Zoning
From: Lynn C. Truame, Community Development Planner
Date: March 17, 2016
RE: Proposal to Amend City of Ithaca Zoning Ordinance to Establish Incentives to Encourage the
Development of Affordable Housing
The purpose of this memo is to provide information regarding a proposal to amend the City of Ithaca Zoning
Ordinance to create incentives to encourage the development of affordable housing. The proposed
amendment will establish a new section in the zoning code entitled Affordable Housing. The purpose of the
proposal is to address the increasing shortage of lower-income workforce housing in the city by providing
incentives to induce the inclusion of affordable housing units in new residential and mixed-use
developments within the city. Incentive zoning is authorized under GCL §81-d.
The proposed new section will:
• Be available citywide, to all developments that include the required minimum number of affordable
units* and result in 1 or more residential units, including:
o New residential construction, regardless of the type of dwelling unit
o New mixed-use development with a residential component
o Renovation of a multiple-family residential structure that increases the number of residential
units from the number of units in the original structure
o Conversion of an existing single-family residential structure to a multiple-family residential
structure
o Change of use of an existing building from nonresidential to residential
o Change of use of a rental residential property to a condominium property.
• Offer a variety of ways in which the incentive may be accessed, including:
o The inclusion of affordable units on-site in a new development
o Providing affordable units off-site (within a limited radius of the new units)
o Converting existing off-site market rate units to affordable units
o Paying a cash-in-lieu fee
o Any combination of the above
• Offer the following incentives:
o Elimination of minimum parking requirements
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, & ECONOMIC DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC 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
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o Density bonus of one additional floor in height in those areas identified in the
Comprehensive Plan as Waterfront Mixed Use, Urban Mixed Use, and Enterprise
o Exemption from Site Plan Review for projects in any zone for which Design Standards have
been published and the Director of Planning & Development, or her designee, determines
that the project is in compliance with those Design Standards.
*To be eligible for the incentive, a development must include the following minimum number of
affordable units:
(1) for for-sale units, the greater of one unit or 15% of the total number of proposed units in the
development
(2) for for-rent units, either:
(a) the greater of one unit or 15% of the total number of proposed units in the development,
with rents set at levels that do not exceed rent levels that are affordable to families earning
60% of the family median income, or
(b) the greater of one unit or 10% of the total number of proposed units in the development,
with rents set at levels that do not exceed rent levels that are affordable to families earning
50% of the family median income
Current 50% and 60% income and rent limits:
Unit size: 0-bd 1-bd 2-bd 3-bd 4-bd 5-bd 6-bd
50% RENT LIMIT 690 739 887 1025 1143 1261 1379
60% RENT LIMIT 780 957 1146 1375 1515 1653 1791
Household size: 1 2 3 4 5 6 7 8
50% INCOME LIMITS 27050 30900 34750 38600 41700 44800 47900 51000
60% INCOME LIMITS 32460 37080 41700 46320 50040 53760 57480 61200
Funds derived from payment of the cash-in-lieu fee would be deposited to the City’s Affordable Housing
Fund, to be used solely to stimulate and support the development of affordable housing in the city.
An environmental review for this action has been prepared and a Short Environmental Assessment Form
(SEAF) is enclosed.
The Planning and Economic Development Committee will hold a public hearing on this proposal at its
regularly scheduled meeting on APRIL 13, 2016. Your comments are respectfully requested prior to this
meeting. If you have any questions, please feel free to contact me at 274-6553 or ltruame@cityofithaca.org.
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DRAFT City of Ithaca Incentive Zoning for Affordable Housing Ordinance
Section 1. Intent
The intent of this ordinance is to encourage the construction of affordable housing, or payment of
fees-in-lieu to support such construction, as a portion of new residential development within the
community for the purpose of:
A. Implementing the affordable housing goals, policies, and objectives contained in the
City of Ithaca’s Comprehensive Plan and the Tompkins County Comprehensive Plan;
B. Ensuring the opportunity of affordable housing for employees of businesses that are
located in or will be located in the community;
C. Maintaining a balanced community that provides housing for people of all income levels.
Section 2. Definitions
A. Definitions of specific terms or words as used in this ordinance shall conform to the
definitions of the same terms in the Zoning Ordinance, Chapter 325, Section 325-3.
B. In addition to the definitions in Chapter 325, the following words and terms, when
used in this ordinance, shall have the following meanings:
Affordable Housing: In the case of dwelling units for sale, housing in which the principal,
interest, taxes, insurance, and condominium or association fees, if any, constitute no more
than 37 percent of gross annual family income for a household of the size that may occupy
the unit in question, assuming a down-payment of no more than 5%. In the case of dwelling
units for rent, housing for which combined rent and utility costs do not exceed the maximum
amount allowed under the U.S. Department of Housing and Urban Development’s HOME
program.
Affordable Housing Development Agreement: a written agreement between an applicant
to develop an Affordable Housing Development, as defined in this ordinance, and the City
of Ithaca, containing specific requirements to ensure the continuing affordability of housing
included in the development.
Affordable Housing Unit: any dwelling unit subject to covenants or restrictions
requiring such unit to be sold at prices preserving them as Affordable Housing for a
period of at least 15 years, or rented at prices preserving them as Affordable Housing for
a period of at least 50 years.
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Affordable Housing Development: any housing subsidized by the federal or state
government, including Low Income Housing Tax Credit projects; or any housing or
mixed-use development in which Affordable Housing Units are included pursuant to this
ordinance.
Affordable Housing Development Plan: a plan prepared and submitted by an
applicant who proposes to develop an Affordable Housing Development, outlining and
specifying the proposed project’s compliance with the applicable requirements of this
ordinance.
Affordable Housing Trust Fund: the fund created by the City of Ithaca pursuant to Chapter
62 of the Municipal Code and referenced in Section 10 of this ordinance.
Certificate of Affordable Housing Compliance: the certificate issued by the Department
of Planning, Building, Zoning, and Economic Development that provides legal assurance
that a developer’s obligations under this ordinance are being satisfied.
High HOME Rent: as calculated and published annually by the U.S. Department of
Housing and Urban Development, the maximum cost of combined rent and utilities that
is affordable to a household earning 60% of the area median family income.
Low HOME Rent: as calculated and published annually by the U.S. Department of
Housing and Urban Development, the maximum cost of combined rent and utilities that
is affordable to a household earning 50% of the area median family income.
Median Family Income: the median family income level for the Ithaca Metropolitan
Statistical Area, as established and defined in the annual schedule published by the
Secretary of the U.S. Department of Housing and Urban Development, adjusted for
household size.
Renovation: physical improvement that adds to the value of real property, but that
excludes painting, ordinary repairs, and normal maintenance.
Section 3. Scope of Application; Density Bonus
A. Any of the following types of development that result in, or contain, one or more
Residential Dwelling Units and include sufficient numbers of Affordable Housing Units to
constitute an Affordable Housing Development as determined by the calculation in paragraph
3.B. of this ordinance may elect to pursue designation as an Affordable Housing
Development:
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(1) New residential construction, regardless of the type of dwelling unit
(2) New mixed-use development with a residential component
(3) Renovation of a multiple-family residential structure that increases the number of
residential units from the number of units in the original structure
(4) Conversion of an existing single-family residential structure to a multiple-family
residential structure
(5) Change of use of an existing building from nonresidential to residential
(6) Change of use of a rental residential property to a condominium property.
B. The minimum number of Affordable Housing Units that must be included for any
development listed in Section 3.A. of this ordinance to qualify as an Affordable Housing
Development shall be calculated as follows:
(1) for for-sale units, the greater of one unit or 15% of the total number of proposed
Residential Dwelling Units. If this calculation results in a fraction, a fraction of 0.5 or more
shall be rounded up to the next higher whole number, and a fraction of less than 0.5 shall be
rounded down to the next lower whole number.
(2) for for-rent units, either:
(a) the greater of one unit or 15% of the total number of proposed Residential Dwelling
Units, rounded as indicated above, with rents set at levels that do not exceed the High
HOME Rent for the appropriate unit size, as published annually by the U.S. Department
of Housing and Urban Development, or
(b) the greater of one unit or 10% of the total number of proposed Residential Dwelling
Units, rounded as indicated above, with rents set at levels that do not exceed the Low
HOME Rent for the appropriate unit size, as published annually by the U.S. Department
of Housing and Urban Development.
C. Any Affordable Housing Development as defined in this ordinance shall be entitled to
receive the following incentives:
(1) Elimination of minimum parking requirements.
(2) For projects within the Waterfront Mixed Use, Urban Mixed Use, or Enterprise zones,
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as identified on the Comprehensive Plan’s Future Land Use Map, a density bonus of one full
story in height. Any such increase will be granted as of right and will not require review by
the Board of Zoning Appeals of the Ithaca Landmarks Preservation Commission.
(3) Any Affordable Housing Development, as defined in this ordinance, that is located in a
zone for which Design Standards have been published by the City of Ithaca and that has
been determined by the Director of Planning and Development to be in compliance with
those Design Standards, shall be exempt from site plan review. Environmental review
requirements continue to apply.
Except as noted above, all aspects of any Affordable Housing Development remain subject to
the normal review and approval requirements of the BZA, the Ithaca Landmarks Preservation
Commission, the Planning Board, and of all other applicable City Boards, Commissions, and
Departments.
Section 4. Cash Payment in Lieu of Housing Units
A. The applicant may elect to make a cash payment in lieu of constructing some or all of the
Affordable Housing Units required for the project to constitute an Affordable Housing
Development.
B. The City of Ithaca Common Council shall establish the in-lieu per-unit cash payment on
written recommendation by the Director of Planning and Development and adopt it as part of
the City of Ithaca’s schedule of fees. The per-unit amount shall be based on an estimate of the
amount of local government subsidy required to create one new Affordable Housing Unit when
other public funding and/or Low Income Housing Tax Credits are leveraged. The initial
amount of this fee is $100,000 per unit. At least once every three years, the Common Council
shall, with the written recommendation of the Director of Planning and Development, review
the per-unit payment and amend the schedule of fees as needed to reflect changes in the cost of
construction within the City of Ithaca.
C. For the purposes of determining the total in-lieu payment, the per-unit amount established by
the Common Council pursuant to paragraph (1) above shall be multiplied by the greater of one
or 20 percent of the number of units proposed in the development. For the purposes of such
calculation, if 20 percent of the number of proposed units results in a fraction, the fraction shall
not be rounded up or down. If the cash payment is in lieu of providing less than the full number
of required Affordable Housing Units, the calculation shall be prorated.
D. The full in-lieu cash payment must be received by the City prior to issuance of a
building permit for the project.
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E. All in-lieu cash payments received pursuant to this ordinance shall be deposited directly
into the Affordable Housing Trust Fund established pursuant to Section 10 below, and will be
used to support the construction of Affordable Housing Units within the City.
Section 5. Provision of Affordable Units Off-Site
A. Applicants may elect to provide all, or a portion of, the required number of
Affordable Housing Units off-site, provided the proposed location of the off-site units
is within one half mile of the Affordable Housing Development.
B. The provision of off-site units may be accomplished by the construction of new
units, or by the conversion of existing market-rate rental units to Affordable Housing
Units. In either case, the off-site units must be, or must be renovated to be,
comparable in size, type, and quality to the market-rate units in the Affordable
Housing Development.
C. If the applicant elects to provide the required Affordable Housing Units by the
conversion of existing market-rate rental units, the applicant will be required to
provide a third party Capital Needs Assessment, and to capitalize, and make annual
contributions to, an appropriate replacement reserve to ensure the long-term
availability and quality of the existing units.
D. No Certificate of Occupancy will be issued for the Affordable Housing
Development until the construction or renovation of all off-site units has been
completed and a Certificate of Affordable Housing Compliance has been issued.
Section 6. Criteria for Integration and Character of Affordable Housing Units
A. An Affordable Housing Development shall comply with the following criteria:
(1) In the case of on-site development of Affordable Housing Units in an Affordable
Housing Development, those units shall be mixed with, and not clustered together or
segregated in any way from, market-rate units.
(2) If the Affordable Housing Development Plan, described in Section 7 below, contains a
phasing plan, the phasing plan shall provide for the development of Affordable Housing
Units concurrently with the market-rate units. No phasing plan shall provide that the
Affordable Housing Units are the last units built in an Affordable Housing Development.
(3) The exterior appearance of Affordable Housing Units in an Affordable Housing
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Development shall be made similar to market-rate units by the provision of building
materials and finishes substantially the same in type and quality.
(4) The floor area of a typical Affordable Housing Unit in an Affordable Housing
Development must be no less than 80% of the floor area of a typical market-rate unit
of the same type. The bedroom mix for Affordable Housing Units must be
comparable to the bedroom mix of market-rate units within the Affordable Housing
Development.
Section 7. Application and Affordable Housing Development Plan
A. Applicants to develop an Affordable Housing Development pursuant to this ordinance shall
complete and file an application on the prescribed form with the Department of Planning,
Building, Zoning, and Economic Development. The application shall require such information
on the nature and the scope of the development as the City of Ithaca may determine is
necessary to properly evaluate the proposal.
B. As part of the application required above, the applicant shall provide to the City of Ithaca an
Affordable Housing Development Plan. This plan shall be subject to approval by the City of
Ithaca and shall be incorporated into the Affordable Housing Development Agreement pursuant
to Section 8 below. An Affordable Housing Development Plan is not required for
developments in which the affordable housing obligation is satisfied by a cash payment in lieu
of construction of Affordable Housing Units. The Affordable Housing Development Plan shall
contain, at a minimum, the following information concerning the development:
(1) A general description of the development, including whether the development will
contain units for rent or for sale
(2) The total number of market-rate units and Affordable Housing Units
(3) The number of bedrooms in each market-rate unit and each Affordable Housing Unit
(4) The square footage of each market-rate unit and of each Affordable Housing Unit
measured from the interior walls of the unit and including heated and unheated areas
(5) The location in the development of each market-rate and Affordable Housing Unit, or the
proposed off-site location of the Affordable Housing Units if the off-site option is selected
(6) If construction of dwelling units is to be phased, a phasing plan stating the number of
market-rate and Affordable Housing Units in each phase
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(7) The estimated monthly rent of each market-rate unit and each Affordable Housing Unit
(8) Documentation and plans regarding the exterior appearance, materials, and finishes of
the Affordable Housing Development and each of its individual units, including a third
party Capital Needs Assessment for any off-site market-rate rental units proposed for
conversion to Affordable Housing Units
(9) The marketing plan that the applicant proposes to implement to promote the sale or
rental of the Affordable Housing Units to eligible households
(10) If the applicant intends to partner with another agency or organization for the
management of the Affordable Housing Units, a letter of intent from this partnering
organization must be attached
Section 8. Affordable Housing Development Agreement
A. Prior to the issuance of a building permit for any units in an Affordable Housing
Development, the applicant shall enter into an Affordable Housing Development Agreement
with the City of Ithaca. The development agreement shall set forth the commitments and
obligations of the City and the applicant, including, as necessary, cash in-lieu payments and
replacement reserve requirements for any off-site conversion units, and shall incorporate,
among other things, the approved Affordable Housing Plan.
B. The applicant shall execute any and all documents deemed necessary by the City in a
form to be established by the City Attorney, including, without limitation, restrictive
covenants, deed restrictions, and related instruments (including income qualification
requirements for tenants of for-rent units) to ensure the continued affordability of the
Affordable Housing Units in accordance with this ordinance.
C. Restrictive covenants or deed restrictions required for Affordable Housing Units shall
specify that the title to the subject property may be transferred only with the written approval
of the Director of Planning and Development, which approval may not be withheld unless the
proposed transfer would result in a violation of the affordability requirements of this
ordinance.
Section 9. Enforcement of Affordable Housing Development Agreement; Affordability
Controls
A. The Director of Planning and Development shall promulgate rules as necessary to
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implement this ordinance.
B. No Certificate of Occupancy or Certificate of Compliance for any unit in an Affordable
Housing Development shall be granted unless and until a Certificate of Affordable Housing
Compliance has been issued by the Department of Planning, Building, Zoning, and Economic
Development.
C. On an annual basis, the Director of Planning and Development shall publish or make
available copies of the U.S. Department of Housing and Urban Development family income
limits and HOME rental limits applicable to affordable housing within the local government’s
jurisdiction.
D. For all sales of for-sale Affordable Housing Units, the parties to the transaction shall
execute and record such documentation as required by the Affordable Housing Development
Agreement. Such documentation shall include the provisions of this ordinance and shall
provide, at a minimum, each of the following:
(1) That the affordable housing unit be sold to and occupied by eligible households for a
period of 15 years from the date of conveyance of the property. Eligible households must
have gross incomes that do not exceed 80 percent of the Median Family Income for
households of the same size within the Ithaca Metropolitan Statistical Area.
(2) That the Affordable Housing Unit must be conveyed subject to restrictions that shall
maintain the affordability of such Affordable Housing Units for eligible households.
(3) That should the property be sold prior to completion of the 15-year affordability period,
the affordability period shall re-set and a new 15-year term, also subject to this same re-set
provision, shall commence.
(4) That during the period of affordability, the maximum resale price of any for-sale
affordable unit shall be calculated using the worksheet below. The unit must be sold to an
income-qualified household.
1. Homeowner's Purchase Price $
2. Initial Appraised Value $
3. Percentage of Homeowner's Purchase Price to initial
Appraised Value (Divide line 1 by line 2)
4. Homebuyer's Initial Ownership Interest:
(multiply line 2 by line 3)
$
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5. Appraised Value at time of resale $
6. Homeowner's Ownership Interest at Resale: (multiply line 5 by
line 3)
$
7. Preliminary increase in homeowner's ownership interest : (subtract
line 4 from line 6)
$
8. Capital Improvement Credit (see below) $
9. Final increase in homeowner's ownership interest: (subtract line 8 from
line 7; if negative, enter 0)
$
10. Maximum annual amount of homeowner's ownership interest: (multiply
line 4 by .02 or 2%)
$
11. Homeowner's Maximum Share of Increase in
Ownership Interest: (Multiply line 10 by the number of years that the
homeowner owned the home, using the decimal .08 to represent each full
month of an incomplete year)
$
12. Maximum Resale Price:
(add lines 1, 8, and the lesser of lines 9 and 11)
$
13 Homeowner's Share of Appreciation at Sale: (subtract line 4 from
line 12)
$
(a) The Capital Improvement Credit shall be capped at the lesser of the difference
between the pre-construction appraised value and the post-construction appraised value
of the dwelling, and the maximum amount that can be added to the chart above while
allowing the resale to remain affordable to an elig ible purchaser, in compliance with
the affordability requirements of this ordinance.
E. In the case of for-rent Affordable Housing Units, the owner of the Affordable Housing
Development shall execute and record such documents as required by the Affordable Housing
Development Agreement. Such documents shall include the provisions of this ordinance and
shall provide, at a minimum, each of the following:
(1) The Affordable Housing Units shall be leased to and occupied by eligible households.
Eligible households must have gross incomes that do not exceed either 60 percent or 50
percent (as specified in the Affordable Housing Development Agreement) of the Median
Family Income for households of the same size within the Ithaca Metropolitan Statistical
Area.
(2) Households comprised solely of full-time students do not qualify as eligible households
with the following exceptions: at least one member of the household receives assistance
under Title IV of the Social Security Act; or at least one member is enrolled in a job training
program receiving assistance under the Work Force Investment Act or another similar
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federal, state, or local program; or the household includes at least one single parent with
minor children; or all adult members of the household are married and can file joint tax
returns; or at least one member of the household has exited the foster care system.
(3) The Affordable Housing Units shall be leased at a rate such that the combined cost of
rent and utilities does not exceed either the High HOME Rent or the Low HOME Rent (as
specified in the Affordable Housing Development Agreement) for a period of 50 years
from the date of the initial Certificate of Occupancy.
(4) Subleasing of Affordable Housing Units shall be prohibited without the express
written consent of the Director of Planning and Development, which consent may not be
withheld unless the proposed sub-lease would result in a violation of the affordability
requirements of this ordinance.
F. The applicant or his or her agent shall manage and operate the Affordable Housing
Development and shall submit an annual report to the City of Ithaca identifying which units in
the Affordable Housing Development are Affordable Housing Units, the combined monthly
rent and utilities cost, or sales cost, for each unit in the development, vacancy information for
the prior year, monthly income for tenants of each for-rent Affordable Housing Unit, and other
information as may be required by the City of Ithaca while ensuring the privacy of the tenants.
The annual report shall contain information sufficient to determine whether tenants of for-rent
units qualify as eligible households and whether for-sale units are affordable to, have been sold
to, and are occupied by, eligible households.
Section 10. Penalties for Non-compliance
A. The City of Ithaca or its designee will audit each Affordable Housing Development
annually for compliance with the approved Affordable Housing Development Agreement.
B. Should the annual audit reveal non-compliance with the approved Affordable Housing
Development Agreement, the applicant will immediately remedy the non-compliance as follows:
(1) In the case of for-rent housing units, the project owner shall convert to an
Affordable Housing Unit the first market-rate unit in the Affordable Housing Development
that becomes vacant after discovery of the non-compliance. Should the property owner
repeatedly be found in non-compliance, the City of Ithaca may require, at its sole option, that
the property owner pay the applicable cash in-lieu payment that would have been required for
the project, plus interest at the current federal short term interest rate plus 3%, accruing from
the date of initial non-compliance.
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(2) In the case of for-sale housing that is initially sold to an ineligible buyer, the applicant
will pay the applicable cash in-lieu payment that would have been required for the project,
plus interest at a rate of the current federal short term interest rate plus 3%, accruing from the
date of approval of the Affordable Housing Development Plan.
(3) In the case of for-sale housing that is sold by an income eligible owner to an ineligible
buyer, the seller will pay to the City of Ithaca the difference between the net proceeds of the
sale, as evidenced by the closing statement, and the Maximum Resale Price calculated using
the worksheet in Section 9.D.(4) above. These funds will be deposited into the Affordable
Housing Trust Fund created pursuant to Section 10 of this ordinance.
(4) In the case of for-sale housing that is leased to another household in the absence of an
approved Hardship Exemption pursuant to Section 10.C. below, or is otherwise utilized in a
manner not consistent with the requirements of this ordinance, the violation shall be deemed
an offense and shall be punishable as provided in Chapter 1 of the Municipal Code, General
Provisions, Article 1. Each day’s continued breach shall constitute a separate additional
violation. In addition, the City shall have such other remedies as are provided by law to
enforce the provisions of this ordinance.
C. Hardship Exemption for For-sale Units
The income-eligible purchaser of an affordable for-sale unit must occupy the property as their
principal residence. A one-time per owner exemption to this requirement, allowing the unit to be
leased, under certain circumstances, to another household whose income does not exceed 80% of
the Area Median Family Income, and at a rate such that combined rent and utility costs will not
exceed 30% of the gross family income. These circumstances include:
(1) Job or military transfer more than sixty (60) miles outside Ithaca city limits
(2) Divorce resulting in an inability to pay the mortgage
(3) Job loss as a result of firing or layoff
(4) Major illness within the household resulting in financial hardship
(5) Relocation to obtain medical care outside the Ithaca area
(6) Inability to sell after good faith marketing effort
All hardship exemption requests must be supported by appropriate documentation and will be
granted solely at the discretion of the Director of Planning and Development.
Section 10. Affordable Housing Trust Fund
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All funds generated as a result of activities under this ordinance will be deposited into the
Affordable Housing Trust Fund created pursuant to Chapter 62 of the Municipal Code and will
be used to stimulate and support the development of affordable housing in the City of Ithaca.
NY State Plane, Central GRS 80 DatumMap Source: Tompkins County Digital Planimetric Map 1991-2012Data Source: City of Ithaca GIS Program, 2012Map Prepared by: Department of Planning, City of Ithaca, NY, June, 2015
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±1:18,798
Future Land Use Map
0 2,8001,400 Feet
Legend
Future Land Use
Educational
Enterprise
Low Density Residential
Medium Density Residential
Waterfront Mixed-Use
Urban Mixed-Use
Environmentally-Sensitive
Parks
Cemetery
Railroad
NYS Roads
City Streets
Waterway
City Border
*3
*1
*4
*2
*Focus Area
Land use boundaries will be further refined in Phase II.
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: Incentive Zoning for Affordable Housing
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: _____________________________
Signature of Preparer:
Date: 3/17/16
2
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: Incentive Zoning for Affordable Housing
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 E. Green St.
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone: 607-274-6550
Name of Owner(if different):
Address:
City/Town/Village: State: ZIP:
Business Phone:
Description of Action:
Addition of a new section in the zoning code entitled Affordable Housing, which will allow the City to offer
incentives for the construction of affordable housing in those areas identified in the Comprehensive Plan
Future Land Use Map as Waterfront Mixed Use, Urban Mixed Use, and Enterprise, as well as in the CR-4
district. Such incentives to include the elimination of minimum parking requirements, an as-of-right density
bonus of one additional floor in height, and exemption from site plan review in those zones where Design
Standards have been adopted.
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: Urban Industrial Commercial Public Forest
Agricultural Other: ___residential________
2. Total area of project area: approximately 682 acres (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) ~117 acres ~117 acres
2b. Forested
2c. Agricultural (community gardens) ~2 acre ~2 acre
2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)] ~.5 acre ~.5 acre
2e. Water Surface Area
2f. Public
2g. Water Surface Area
2h. Unvegetated (rock, earth or fill) ~17 acres ~17 acres
2i. Roads, buildings, and other paved surfaces ~545 acres ~545 acres
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Urban, Hamlin, fan-
Palmyra, Sloan-Teel, alluvial land, Hamlin-Teel
3b. Soil Drainage Well-Drained 100% of Site
Moderately Well-Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes 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:
0-10% 96% 10-15% 4%
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 N/A
Ithaca Downtown Historic District; DeWitt Park
Historic District; Clinton Block Historic District
6b. Or designated a local landmark or in a local
landmark district?
Yes No N/A
DeWitt Park Historic District; Clinton Block Historic
District; Downtown West Historic District; 209
College Ave.; 123 S. Cayuga St.; 140 College Ave.;
117 W. State St.; 115 N. Cayuga St.
7. Do hunting or fishing opportunities presently
exist in the project area? Yes No N/A If yes, identify each species:
4
A. SITE DESCRIPTION (cont.)
8. Does project site contain any species of plant or
animal life that is identified as threatened or
endangered?
Yes 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 No N/A
Describe:
10. Is the project site presently used by the
community or neighborhood as an open space or
recreation area?
Yes No N/A
If yes, explain: Ithaca Community Gardens
11. Does the present site offer or include scenic views
known to be important to the community? Yes 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 No N/A
Describe: UNA – 136 Cascadilla Creek; UNA – 156
Six Mile Creek
13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a
tributary: Six Mile Creek; Cayuga Inlet; Cascadilla
Creek
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 No N/A
Describe: Tax parcel #43.-1-4, the city-owned former
Agway building on Taughannock Blvd (no street
number) has subsurface contamination from prior bulk
fuel storage; 545 Third Street NYSDEC is overseeing
remediation of subsurface coal tar contamination at the
Ithaca Wastewater Treatment Plant; 110 Cherry Street,
Weitsman Recycling, is used as a scrap yard for metal.
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 N/A
Yes No N/A
Yes No 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: N/A
1c. Project acreage to remain undeveloped: N/A
5
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
B. PROJECT DESCRIPTION (cont.)
1h. Height of tallest proposed structure: feet. Density Bonus will allow one additional story in excess of
existing zoning.
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/A months (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 year (including demolition)
7c. Approximate completion date of final phase N/A month year.
7d. Is phase one financially dependent on subsequent phases? Yes No N/A
8. Will blasting occur during construction? Yes No 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 No N/A; if yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes 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 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 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)
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 No N/A
14d. If #14a, b or c is yes, explain: Area affected by proposed zoning change includes portions that are
within the 100 year flood plain and contiguous to Cayuga Inlet and Six Mile Creek
6
15a. Does project involve disposal or solid waste? Yes No N/A
15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No N/A
15c. If #15b is yes, give name of disposal facility: N/A and its location:
B. PROJECT DESCRIPTION (cont.)
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No N/A; if yes, explain:
15e. Will any solid waste be disposed of on site? Yes No N/A; if yes, explain:
16. Will project use herbicides or pesticides? Yes No 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 N/A; if yes, explain: The area
affected by proposed zoning change includes designated historic resources; however, projects
that propose to access the new incentives for affordable housing are not exempt from review by
the Ithaca Landmarks Preservation Commission and remain subject to all requirements of the
local landmarks ordinance.
18. Will project produce odors? Yes No N/A; if yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No N/A; After construction? Yes No N/A
20. Will project result in an increase of energy use? Yes No N/A; if yes, indicate type(s) N/A
21. Total anticipated water usage per day: gals/day N/A Source of water
C. ZONING & PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? Yes No N/A; if yes, indicate
the decision required:
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; SW-1,-2,-3; WEDZ-1-a,-1b; B-1a,-2a,-2b,-4,-5;
CBD-50,-60,-85,-100,-120,-140; R-3a,-3b; MU-1,-2; CR-4
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
Current maximum heights in above zones are: 40, 60, 60, 40, 65, 29, 40, 40, 60, 40, 40, 50, 60, 85, 100,
120, 140, 40, 40, 70, 80, 45, respectively
4. Is proposed use consistent with present zoning? Yes No N/A
5. If #4 is no, indicate desired zoning:
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
One additional story in height in excess of the underlying zoning
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
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?
(e.g., R-1a or R-1b) various
7
C. ZONING & PLANNING INFORMATION (cont.)
9. Is the proposed action compatible with adjacent land uses? 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? As currently allowed.
11. Will the proposed action create a demand for any community-provided services? (recreation, education,
police, fire protection, etc.)? Yes No N/A Explain: incremental increase related to increased
number of residential units allowed
If yes, is existing capacity sufficient to handle projected demand? Yes No N/A
Explain: no significant increase anticipated
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes No N/A If yes, is the existing road network adequate to handle the additional traffic?
Yes No N/A Explain:
D. APPROVALS
1. Approvals: Common Council Adoption
2a. Is any Federal permit required? Yes No N/A; Specify:
2b. Does project involve State or Federal funding or financing? Yes No N/A; If Yes, Specify:
2c. Local and Regional approvals:
Agency
Yes or 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.
8
F. VERIFICATION
I certify the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: City of Ithaca
Signature:
Title: Community Development Planner
9
City of Ithaca Full Environmental Assessment Form (FEAF)
PART 2 PROJECT IMPACTS & THEIR MAGNITUDES
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to project
site? Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Any construction on slopes of 15% or greater, (15 foot rise per 100
foot of length), or where the general slope in the project exceeds
10%.
Yes No
Construction on land where the 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 a designated floodway. Yes No
Other impacts: existing development is in the 500 year flood plain Yes No
2. Will there be an effect on any unique landforms found on the site?
(i.e., cliffs, gorges, geological formations, etc.) Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Specific land forms: Yes No
IMPACT ON WATER
3. Will project affect any water body designated as protected? (Under
article 15 or 24 of the Environmental Conservation Law, E.C.L.) Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Developable area of site contains a protected water body Yes No
Dredging more than 100 cubic yards of material from channel of a
protected stream. Yes No
Extension of utility distribution facilities through a protected water
body. Yes No
Construction in a designated freshwater wetland. Yes No
Other impacts: Yes No
IMPACT ON WATER (cont.)
4. Will project affect any non-protected existing or new body of
water? Yes No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be
Reduced by
Project Change?
A 10% increase or decrease in the surface area of any body of
water or more than a 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of a 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 the Cayuga Inlet? Yes No
Other impacts: Yes No
5. Will project affect surface or groundwater quality? Yes No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be
Reduced by
Project Change?
Project will require a discharge permit. Yes No
Project requires use of a 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
presently do not exist or 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 the storage of petroleum or chemical
products greater than 1,100 gallons.
Yes No
Other impacts: Yes No
6. Will project alter drainage flow, drainage patterns or surface
water runoff?
Yes No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be
Reduced by
Project Change?
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: Yes No
IMPACT ON AIR
7. Will project affect air quality? Yes No Small to Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Project will induce 500 or more vehicle trips in any 8- Yes No
11
IMPACT ON AIR
hour period per day.
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: Yes No
IMPACTS ON PLANTS & ANIMALS
8. Will project affect any threatened or endangered
species? Yes No
Small to Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Reduction of any species listed on the 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: Yes No
9. Will proposed action substantially affect non-
threatened or non-endangered species? Yes No
Small to Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Proposed action would substantially interfere with any
resident or migratory fish or wildlife species. Yes No
Proposed action requires the removal or more than 1/2
acre of mature woods or other locally important
vegetation.
Yes No
Other impacts: Yes No
IMPACT ON AESTHETIC RESOURCES
10. Will the proposed action affect views, vistas or the
visual character of the neighborhood or community?
Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by Project
Change?
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 use, 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 the elimination or major
screening of scenic views known to be important to the
area.
Yes No
12
IMPACT ON AESTHETIC RESOURCES
Other impacts: Yes No
IMPACT ON HISTORIC & ARCHAEOLOGICAL RESOURCES
11. Will proposed action impact any site or structure of
historic, prehistoric or paleontological importance?
Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
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
Other impacts: Yes No
IMPACT ON OPEN SPACE & RECREATION
12. Will the proposed action affect the quantity or
quality of existing or future open spaces or
recreational opportunities? Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
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: Yes No
IMPACT ON UNIQUE NATURAL AREAS & CRITICAL ENVIRONMENTAL AREAS
13. Will the 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
Proposed Action to locate within a UNA or CEA? Yes No
Proposed Action will result in a reduction in the quality of the resource Yes No
Proposed Action will impact the use, function or enjoyment of the resource Yes No
Other impacts: Yes No
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing
transportation systems? Yes No
Small to
Moderate
Impact
Potential Large Impact
Can Impact be
Reduced by Project
Change?
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
13
15. Will proposed action affect the community's
sources of fuel or energy supply? Yes No
Small to
Moderate
Impact
Potential Large Impact
Can Impact be
Reduced by
Project Change?
Proposed action causing greater than 5%
increase in any form of energy used in
municipality.
Yes No
Proposed action requiring the creation or
extension of an energy transmission or supply
system to serve more than 50 single or two
family residences.
Yes No
Other impacts: Yes No
IMPACT ON NOISE & 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
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced
by Project Change?
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
IMPACT ON NOISE & ODORS (cont.)
Proposed action will produce operating noise
exceeding the local ambient noise levels for
noise outside of structure.
Yes No
Proposed action will remove natural barriers
that would act as a noise screen. Yes No
Other impacts: Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety?
Yes No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be Reduced by
Project Change?
Proposed action will cause a 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 a chronic low-level discharge
or emission.
Yes No
Proposed action may result in the burial of “hazardous
wastes” in any form (i.e., toxic, poisonous, highly
reactive, radioactive, irritating, infectious, etc.)
Yes No
Proposed action may result in the excavation or other
disturbance within 2,000 feet of a site used for the
disposal of solid or hazardous wastes.
Yes No
14
Proposed action will result in the 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
Storage facilities for 50,000 or more gallons of any liquid
fuel. Yes No
Use of any chemical for de-icing, soil stabilization or the
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: Yes No
IMPACT GROWTH & CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character
of the existing community? Yes No
Small to
Moderate Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
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
IMPACT GROWTH & CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.)
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
The proposed action will replace or
eliminate existing facilities, structures, or
areas of historic importance to the
community.
Yes No
Development will create a demand for
additional community services (e.g. schools,
police, and fire, etc.
Yes No
Proposed action will set an important
precedent for future actions. Yes No
Proposed action will relocate 15 or more
employees in one or more businesses. Yes No
Other impacts: Yes No
19. Is there public controversy concerning the
proposed action? Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
15
Either government or citizens of adjacent
communities have expressed opposition or
rejected the proposed action or have not
been contacted.
Yes No
Objections to the proposed action from
within the community. Yes No
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.
3/14/2016 City of Ithaca, NY
http://ecode360.com/pr int/IT1348?guid=8385827 1/2
A.
B.
C.
City of Ithaca, NY
Monday, March 14, 2016
Chapter 1. General Provisions
Article I. Penalties
§ 1-1. Penalties for offenses.
[Amended 7-2-2002 by L.L. No. 3-2002; 3-1-2006 by Ord. No. 2006-5; 3-6-2013 by L.L. No. 1-2013]
Unless a different penalty is specified, violations of the provisions of this Code shall be punishable by a
fine of not more than $250 or imprisonment for a term of not more than 15 days, and not less than
$100 or 25 hours of community service. For the purpose of determining the appropriate fine, each day
on which the violation continues to exist shall be considered a separate offense. In no case shall a term
of imprisonment exceeding 15 days be imposed as a penalty for violations of this Code, no matter how
many days of violation are charged, unless, by separate Code section, the violation has been classified
as a misdemeanor.
Notwithstanding the penalty provisions of the preceding subsection or other penalties specified in
subsequent sections of this Code, the penalties for violation of the Code sections listed below shall be:
not more than $40 nor less than $20 for a first offense at the same property; not more than $60 nor
less than $30 for a second offense at the same property; and not more than $100 nor less than $50 for
a third offense at the same property, if a conviction for such offense occurs within the same twelve-
month period. Each day on which the condition exists may be charged and shall be considered as a
separate offense.
Code Section
196-5 (uncollected garbage)
210-35 (open areas)
210-36C (accessory structures)
210-38 (garbage and refuse)
272-4D (mobile signs)
272-4E (banners and pennants)
285-5 (sidewalks)
325-20C(1)(j)(front yard parking)
325-20D (front yard parking)
325-23B(1)(yard maintenance)
Notwithstanding any contrary Code provision, appearance tickets may be issued by the Director of
Planning and Development and/or the Director’s designee(s) charging violations of any of the above
sections whenever there is probable cause to believe that said violations have occurred. Any rights to
administrative appeals to any board or commission of the City of Ithaca mentioned in any subsequent
section of this Code shall not apply as a condition precedent to issuing an appearance ticket charging a
violation of any of the above-listed Code sections. Any right to an administrative appeal from a
decision or determination of the Director of Planning and Development or other City official with
regard to the above Code sections shall apply only in cases in which the City intends to correct the
3/14/2016 City of Ithaca, NY
http://ecode360.com/pr int/IT1348?guid=8385827 2/2
[1]
D.
violation and seek to charge the property owner or other responsible party for the costs of correction.
[Amended 6-5-2013 by L.L. No. 7-2013[1]]
Editor's Note: This local law passed at referendum on 11-5-2013.
Violations of any provisions of this Code for which the penalty is designated as a civil offense under
§ 1-1 shall be punishable by a fine not to exceed $250 or 50 hours of community service.
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TO: Planning & Economic Development Committee
FROM: Megan Wilson, Senior Planner
DATE: April 7, 2016
RE: Mural Proposal from Danielle Hodgins
In 2010, the City of Ithaca Public Art Commission (PAC) created a mural and street art program
to beautify blank walls within the city while providing local artists from all sections of the
community an opportunity to showcase their work. This spring, the PAC collaborated with the
Community Arts Partnership to support their Public Art Grant program that will bring several
new murals to Tompkins County in 2016. As part of this program, Danielle Hodgins submitted a
proposal to install a mural on the Route 13-facing side of the Water & Sewer workshop on First
Street. This location is among the potential sites that the Board of Public Works approved for
future murals in May 2010.
The PAC has sought public comment on the proposal through notification of surrounding
property owners and City staff. A public comment period was held at the March 23rd PAC
meeting to gather input on the proposed design and location. The comments received were all
supportive of the project. After reviewing public comment, the PAC voted unanimously to
recommend the mural for selection by the Common Council.
The mural proposal is attached for your review. If you have any questions or comments, please
contact me at 274-6560 or mwilson@cityofithaca.org.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
Planning & Economic Development Committee
Proposed Resolution
April 13, 2016
Resolution to Select Artwork for a Mural Installation on the Water & Sewer Workshop
WHEREAS, the City of Ithaca Public Art Commission (PAC) was established to, among other
duties, review and advise the Common Council on proposals for the exhibition and display of
public art in the City’s public spaces, and
WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an important
cultural resource that contributes to quality of life and economic vitality and calls for the City’s
continued support of public art (see Cultural Resources), and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls
within the city, while providing local artists from all sections of the community an opportunity to
showcase their work, and
WHEREAS, the Board of Public Works approved several locations for future murals and street
art, including the Department of Public Works facilities on First Street, by resolution on May 19,
2010
WHEREAS, Danielle Hodgins has submit her proposal for a mural titled “Beyond the Dust” to
be installed on the Route 13- facing façade of the Water & Sewer workshop on First Street, as
part of the PAC’s Mural and Street Art Program, and
WHEREAS, the PAC held a public comment period on the mural design and location at its
meeting on March 23, 2016 to gather input on the proposed installation, and all of the responses
to the proposal have been positive, and
WHEREAS, the mural will be funded through the Community Arts Partnership’s Public Art
Grant, and the installation will be budget-neutral to the City, and
WHEREAS, at its meeting on March 23, 2016, the Public Art Commission voted to recommend
that the Common Council select Danielle Hodgins’s mural to be installed on the Water & Sewer
workshop; now, therefore, be it
RESOLVED, that the City of Ithaca Common Council selects Danielle Hodgins’s mural
“Beyond the Dust,” as recommended by the Public Art Commission, to be installed on the Route
13-facing façade of the Water & Sewer workshop on First Street and to be added to the City of
Ithaca’s public art collection; and be it further
RESOLVED, that the selected artist may proceed with the installation of the mural upon the
execution of an agreement with the City as reviewed by the City Attorney.
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To: Planning and Economic Development Committee
From: Lisa Nicholas, Senior Planner
Date: April 8, 2013
RE: Consideration of Final Approval for a Proposed Temporary Mandatory Planned Unit Development (TMPUD) to
be known as the Cherry Artspace Zoning District and Located at 102 Cherry Street (tax parcel 73.-10-3.1).
The purpose of this memo is to provide information regarding an application by Samuel Buggeln/Performance Premises
LLC for the City to grant create a TMPUD at 102 Cherry Street (tax parcel 73.-10-3.1) to be known as the Cherry Artspace
Zoning District. The project site is in an area currently under study for an Area Plan as a part of the Phase II of the
Comprehensive Plan. Since this planning effort will likely result in changes in zoning requirements in this area, the City
rezoned the entire area to a Temporary Mandatory Planned Unit Development (TMPUD) Zone for a period of eighteen
months until the Area Plan is complete.
At the conclusion of the Public Hearing, to be held at the Planning Committee meeting in April 13, 2016, the applicant will
have completed all requirements in accordance with the adopted City process for establishment of a TMPUD.
The proposed project is to develop a flexible, multidisciplinary arts space, at 102 Cherry Street in Ithaca’s industrial West
End. The 1,944-SF building will be sprinklered and handicapped-accessible and meet all requirements for assembly. The
project site is 5,402-SF site contains an existing 1,137-SF building (formerly Renovus Solar) which will continue to operate
as an office use. The new building will have a galvanized corrugated-steel exterior finish to harmonize with the existing
building, and have a matte foundation with perimeter-grade beams. A sidewalk will be provided along the entire parcel
width, and 6.5’ tree lawn and street trees in front of the existing building. Parking will be provided on adjacent lot
immediately to the south. The applicant is also proposing an exterior patio in the rear of the building which is subject to
approval by the New York State Department of Environmental Conservation (NYSDEC), landscaping, and signage.
The applicant states:
Performance Premises has committed to making the building indefinitely available to the local 501(c)(3) arts
organization The Cherry Arts without cost. The Cherry Arts will program their own original theatre work (based in
an ensemble of Ithaca’s own professional theatre artists) in the Artspace; and will also make the space very
affordably available to present the work of other excellent area artists whose work may be best served by a venue
that is smaller and/or more flexible than existing ones. The benefits to the community will be many. An arts space
in Ithaca’s West End will work alongside planned improvements like the Brindley Street Bridge and Black Diamond
Trail to bolster development of Ithaca’s underused industrial zoned waterfront. Ithaca and area artists will benefit
from access to an affordable space that may better suit their artistic needs. Cherry artists will equally benefit from
a space designed to enable crossover between artistic disciplines, both on a creative and audience-development
level. The Artspace will broaden the range of theatrical and artistic offerings available to Ithaca and regional
audiences.
In accordance with the adopted City process for consideration of a planned unit development, the applicant has completed
the enclosed application. This application was circulated to City boards and committees, and to the County Planning
Department. A public information session, hosted by the applicant, was held on March 30, 2016. The meeting was
CITY OF ITHACA
108 E. Green St. — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING, BUILDING, ZONING, & ECONOMIC & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Tel: Planning & Econ. Develop. Division – 607-274-6550 | Community Development/IURA – 607-274-6559
E-Mail: dgrunder@cityofithaca.org E-Mail: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
advertised in the Ithaca Journal, property owners within 500 feet of the property were notified by mail of the meeting,
and the property was also posted with signs. Comments received from the circulation as well as a synopsis of the public
information session are attached for your reference.
The Planning Board, acting a Lead Agency, has already conducted a coordinated environmental review in which Common
Council and NYSDEC were both identified as Involved Agencies. As you are aware, the Board issued a Negative
Determination of Environmental Significance on March 22, 2016.
The applicant now seeks final consideration of the adoption of the Cherry Artspace Zoning District TMPUD. A proposed
ordinance is attached for your consideration.
If you have questions or require additional information, please feel free to contact me at lnicholas@cityofithaca.org
Thanks so much.
Public Information Session
For the
Proposed Cherry Artspace Temporary Mandatory Planned Unit Developments (TMPUD)
Wednesday March 30, 5:30 PM
Project Team Attending: Claudia Brenner, Project Architect
Staff Attending: JoAnn Cornish, Director, Department of Planning,
Building, Zoning, and Economic Development
Lisa Nicholas, Senior Planner
Others Attending: George McGonigal, Common Council (6:00 pm)
Frederic Bouche, Owner of Ports of NY (6:15 pm)
Brenner gave a presentation of the project to McGonigal at 6 pm.
McGonigal stated his support for the project and reiterated concern about the potential for noise that
could be bothersome to residents across the inlet as sound seems to amplify over water. People in the
first ward have complained about noise from events at the Boatyard Grill.
Brenner explained that the noise concern was expressed because of the proposed patio facing the inlet.
The site plan shows that the proposed patio is relatively small and not intended to accommodate a large
gathering.
Staff reported that the patio requires NYSDEC approval because it is in an easement contiguous to the
Flood Control that is under their control. Staff also reported the applicant’s response to the noise
concern. The applicant does not currently have the funds or approval to build the patio. Should he
obtain both, he intends to use the patio for occasional small- scale event and does not intend to have
amplification. If amplification is occasionally desired, the applicant has stated that he would seek the
necessary permit.
Frederic Bouche arrived at 6:15. He stated his strong support for the project. He does not feel that
parking will be an issue and feels that the project will be positive for the neighborhood.
As there were no other comments, the meeting was ended at 6:30.
Performance Premises, LLC
326 West Seneca St, Ithaca NY 14850
March 16, 2016
Lisa Nicholas, AICP, Senior Planner
Planning Division
and the Planning and Development Committee
City of Ithaca
by email
Dear Lisa and members of the committee,
Thank you for your queries yesterday regarding the Cherry Artspace Project at 102
Cherry Street, for which Performance Premises is in Site Plan Review.
As regards the patio on the west (water) side of the building, should it be permitted by the
DEC and by financial realities, it will be used for occasional events early in the evening
and small in scale. It is significantly smaller than the outdoor area at The Boatyard, for
example. Events using amplified sound will be infrequent and a noise permit will be
obtained in all such cases.
As to the trees on the site, on March 10 I contacted Jeanne Grace, the city forester, to
enquire as to what types of trees might best thrive in that spot and best compliment the
existing city canopy. I clarified with her, as I do here, the ambiguity on the drawing re:
which trees are existing and which are proposed. The three shown to the East of the
existing building are those we propose; the two on the west side of the site by the water
are existing maple trees. I look forward to Ms. Grace’s recommendation in that regard.
I look forward to presenting our plan to you on Tuesday. Please advise if I can provide
further information between now and then.
All best,
Samuel Buggeln,
Principal,
Performance Premises LLC
Performance Premises, LLC
326 West Seneca St, Ithaca NY 14850
March 21, 2016
Lisa Nicholas, AICP, Senior Planner
Planning Division
and the Planning and Development Committee
City of Ithaca
by email
Dear Lisa and members of the committee,
Please find attached Performance Premises’ lease with Neil Wallace, the owner
of the parking lot to the immediate south of our property at 102 Cherry Street.
As you see, the lease provides for Performance Premises to terminate at our
discretion, but does not provide the landlord the same option. Our counsel has
advised us that in New York State, the shorter a lease is, the more protected is
the tenant. We understand that Mr. Wallace, a generous supporter of the arts,
drafted the lease deliberately in order to provide The Cherry Artspace project
with indefinite access to plentiful parking.
As regards the landscaping portion of our plans, even setting aside the
limitations of the site, Performance Premises stands by our proposal to make
the Artspace maximally pedestrian-friendly by providing a sidewalk on the
street side of the building and making the building present to the street and
sidewalk, rather than tucked behind a parking lot or other area marked “private
property—no trespassing.” Such proximity to the street is within the character
of the neighborhood: as an example, the building at 817 Taber Street,
immediately opposite the proposed Artspace, is similarly close to the street and
has stood on that site for many decades.
Notwithstanding its current industrial character, this neighborhood is an easy
10-12 minute walk from downtown. A five-minute walk from the site, two
residential projects have just been completed, and others have been approved
similarly close by. While understanding that everybody acts with the best
intentions, we believe that a forward-looking planning approach will
support an urban, pedestrian-friendly feel rather than a suburban office park
approach that may be attractive for its tenants but is closed off to pedestrian
and bicycle street traffic.
My best,
Samuel Buggeln,
Principal, Performance Premises LLC
NY State Plane, Central GRS 80 DatumMap Source: Tompkins County Digital Planimetric Map 1991-2012Data Source: City of Ithaca GIS Program, 2012Map Prepared by: Department of Planning, City of Ithaca, NY, April, 2016
TABER ST
CHERRY ST
0 100 20050 Feet
1:799±
Cherry Artspace Planned Unit Development Zoning District 3/30/16
Legend
Zone
Cherry Artspace PUD
I-1
WF-1
Adult Use
Buildings
Parcels
Roads
Waterway
4/1/2016
Page 1 of 3
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” To Establish the Cherry Artspace
Planned Unit Development Zone
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325 (“Zoning”), Section 325-13(“Reserved”) of
the Municipal Code of the City of Ithaca is hereby amended in order
to establish the Cherry Artspace Planned Unit Development Zoning
District. Section 325-13, shall read as follows:
325-13. Planned Unit Development Zoning Districts
(A) Cherry ArtSpace Zoning District
1. Boundaries of Zoning District
a) The Cherry Artspace Zoning District are
hereby established to consist of a tract or
parcel of land, situate in the City of
Ithaca, County of Tompkins and State of New
York, bounded and described as follows:
Beginning at a pipe marking the intersection
of the southerly line of Taber Street with
the westerly line of Cherry Street in said
City; and thence running south 23° 50' west
and along the westerly line of Cherry Street
100 feet to a point; thence running westerly
and along other premises of the grantor
herein and parallel to the southerly side of
Taber Street approximately 64 feet to the
easterly line of the premises appropriated
by the State of New York for the Flood
Control Channel (see Liber 472 of Deeds at
page 221 and Liber 473 of Deeds at page 876);
thence running northeasterly and along the
premises so appropriated by the State of New
York in accordance with the above referred
to deeds to the southerly line of Taber
Street; thence running easterly and along
the southerly line of Taber Street
approximately 50 feet to the pipe marking
the point or place of beginning.
2. District Regulations
a) Permitted Primary Uses
4/1/2016
Page 2 of 3
1) Theater or similar place of public
assembly.
2) Cultural facility, such as an art
gallery or museum.
3) Business or professional office.
4) Retail store or service commercial
facility.
5) Restaurant or tavern.
6) Medical or dental office.
7) Light industrial or manufacturing.
b) Permitted Accessory Uses-None
c) Off Street Parking Requirement-None
d) Off Street Loading Requirement-None
e) Minimum Lot Size
1) Area in Square Feet-3000
2) Width in Feet at Street Line-30
f) Maximum Building Height
1) Number of Stories-3
2) Height in Feet-36
g) Maximum Percent Lot Coverage by Buildings-
70%
h) Yard Dimensions
1) Front Yard Required Minimum-None
2) Side Yard Required Minimum-9’
3) Other Side Yard Required Minimum-5’
4) Rear Yard0 Minimum-25% of depth or
25’ from permanent easement, whichever
is less
i) Minimum Building Height-12’
Section 3:
Chapter 325, Section 325-5 of the Municipal Code of the City of
Ithaca is hereby amended to establish the boundaries of the Cherry
Artspace Planned Unit Development Zoning District as seen on the
attached map entitled Cherry Artspace Planned Unit Development
Zoning District 3/30/16.
Section 4. The City Planning and Development Board, the City Clerk,
and the Planning and Economic Development Division shall amend the
District Regulations Chart to add the Cherry Artspace Planned Unit
Development Zoning District, in accordance with the amendments made
by this ordinance.
Section 5. Severability. Severability is intended throughout and
within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local law
is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of
the remaining portion.
4/1/2016
Page 3 of 3
Section 6. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices
as provided in the Ithaca City Charter.
ADOPTED RESOLUTION Site Plan Review & TMPUD
CEQR Negative Declaration Cherry Street Artspace
102 Cherry St.
City of Ithaca Planning & Development Board
March 22, 2016
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for Cherry Street
Artspace to be located at 102 Cherry St., and
WHEREAS: the applicant proposes to construct a 1,944-SF building on the 5,402-SF project site. The site contains an
existing 1,137-SF building (formerly Renovus Solar). The new building will have a galvanized corrugated-steel
exterior finish to harmonize with the existing building, and have a matte foundation with perimeter-grade beams. A
sidewalk will be provided along the entire parcel width, and 6.5’ tree lawn and street trees in front of the existing
building. (Space does not permit a tree lawn in front of the new building.) Parking will be provided on adjacent lot
immediately to the south. The applicant is also proposing an exterior patio in the rear of the building, landscaping, and
signage, and
WHEREAS: the project site is in an area currently under study for an Area Plan as a part of the Phase II of the
Comprehensive Plan. Since this planning effort will likely result in changes in zoning requirements in this area, the
City has rezoned the entire area to a Temporary Mandatory Planned Unit Development (TMPUD) Zone, until the Area
Plan is complete. Therefore, the project sponsor has also applied to Common Council for a (TM) PUD. The project
will require a permit from the NYS Department of Environmental Conservation (DEC) for encroachment into the
permanent easement along the Flood Control Channel, and
WHEREAS: this is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”),
§176-4 B. (1)(h)[2], and the State Environmental Quality Review Act (“SEQRA”), §617.4 (b)(11), and is subject to
Environmental Review, and
WHEREAS: the City of Ithaca Common Council and the NYS DEC have consented to the City of Ithaca Planning and
Development Board’s being Lead Agency for the action of site plan review and (TM)PUD for project, and
WHEREAS: The Planning Board has, on March 22, 2016, declared itself Lead Agency for the project, and
WHEREAS: this Board, acting as Lead Agency in Environmental Review, has on March 22, 2016 reviewed and
accepted as adequate: a Full Environmental Assessment Form (FEAF), Part 1, submitted by the applicant, and Parts 2
and 3 prepared by Planning staff; drawings titled “Site Plan and Zoning Information (L-1)” “1st Floor Plan (A-1)”,
“Mezzanine Plan (A-2)” “Elevations (A-3 & A-4)” all dated 1-4-16 and prepared by Claudia Brenner, Architect, and
other application materials, and
WHEREAS: the City of Ithaca Conservation Advisory Council, Tompkins County Planning Department, and other
interested parties have been given the opportunity to comment on the proposed project and any received comments
have been considered, now, therefore, be it
RESOLVED: that the City of Ithaca Planning and Development Board determines the proposed project 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.
Moved by: Schroeder
Seconded by: Darling
In Favor: Blalock, Darling, Elliott, Jones-Rounds, Lewis, Randall, Schroeder
Against: 0
Abstain: 0
Absent: 0
Vacancies: 0
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
(prepared by project sponsor/applicant)
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 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 FEAF will depend 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:
Location of Action:
Name of Applicant/Sponsor:
Address:
City/Town/Village: State: ZIP:
Business Phone:
Name of Owner (if different):
Address:
City/Town/Village: State: ZIP:
Business Phone:
Description of Action:
2
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: Urban Industrial Commercial Public Forest
Agricultural Other:
2. Total area of project area: ____ acres ____ square feet (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 Article 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
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.):
3b. Soil Drainage: Well-Drained ______% of Site
Moderately Well-Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes No N/A
4b. What is depth of bedrock? (feet)
4c. What is depth to the water table? (feet)
5. Approximate percentage of proposed project site
with slopes:
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 N/A
6b. …Or a designated local landmark or located in a
local landmark district? Yes No N/A
7. Do hunting and/or fishing opportunities currently
exist in the project area? Yes No N/A If yes, identify each species:
_________________________
3
SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant
and/or animal life identified as threatened or
endangered?
Yes 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 No N/A
Describe: ___________________________________
10. Is project site currently used by the community or
neighborhood as an open space or recreation
area?
Yes No N/A
If yes, explain:_______________________________
11. Does present site offer or include scenic views
known to be important to the community? Yes 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 No N/A
Describe: _________________________________
13. Streams within or contiguous to project area: a. Names of stream(s) or name(s) of river(s) to which
it is a tributary: ___________________________
_________________________________________
14. Lakes, ponds, or wetland areas within or
contiguous to project area:
a. Name(s): _________________________________
b. Size(s) (in acres): ___________
15. Has site been used for land disposal of solid
and/or hazardous wastes? Yes 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 N/A
Yes No N/A
Yes No N/A
4
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: _______ or square feet: _______
1b. Project acreage developed: Acres initially: Acres ultimately:________
1c. Project acreage to remain undeveloped: ____________________
1d. Length of project in miles (if appropriate): ___________ or feet: ____________
1e. If project is an expansion, indicate percent of change proposed: _________%
1f. Number of off-street parking spaces existing: proposed:_____________
1g. Maximum vehicular trips generated (upon completion of project) per day: _______ and per hour: ______
1h. Height of tallest proposed structure in feet. _______
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? ________
2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site:
_______________________________ or added to the site: ________________________________
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site:
acres:___________ type of vegetation:_____________________________________________________
4. Will any mature trees or other locally important vegetation be removed for this project? ______
5. Are there any plans for re-vegetation to replace vegetation removed during construction? _______
6. If single-phase project, anticipated period of construction: months (including demolition)
7. If multi-phased project, anticipated period of construction: __________ months (including demolition)
7a. Total number of phases anticipated: ______________
7b. Anticipated date of commencement for first phase: month year (including demolition)
7c. Approximate completion date of final phase: month year.
7d. Is phase one financially dependent on subsequent phases? Yes No N/A
8. Will blasting occur during construction? Yes No N/A If yes, explain: __________________
______________________________________________________________________________________
9. Number of jobs generated during construction: __________ After project is completed: __________
10. Number of jobs eliminated by this project: Explain: _____________________________
______________________________________________________________________________________
11. Will project require relocation of any projects or facilities? Yes No N/A If yes, explain: ______
________________________________________________________________________________________
12a. Is surface or subsurface liquid waste disposal involved? Yes No N/A; if yes, explain: _______
________________________________________________________________________________________
12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): ______________
12c. If surface disposal, where specifically will effluent be discharged? _____________________
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes 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 N/A
5
PROJECT DESCRIPTION (concluded)
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, or Silver Creek? (Circle all that apply.)
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 No N/A;
14d. If #14a., b., or c. is yes, explain: _______________________
15a. Does project involve disposal of solid waste? Yes No N/A
15b. If #15a. is yes, will an existing solid waste disposal facility be used? Yes No N/A
15c. If #15b. is yes, give name of disposal facility: 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 N/A If yes, explain: ___________________________________
15e. Will any solid waste be disposed of on site? Yes No N/A If yes, explain: _____________
_______________________________________________________________________________________
16. Will project use herbicides or pesticides? Yes No 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 N/A; if yes, explain:
18. Will project produce odors? Yes No N/A If yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No N/A After construction? Yes No N/A
20. Will project result in an increase of energy use? Yes No N/A If yes, indicate type(s): ______
____________________________________________________________________________________
21. Total anticipated water usage per day in gals./day: Source of water:
6
C. ZONING AND PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? Yes No N/A If yes, indicate
the decision required: _________________________
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? ________________________
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
4. Is proposed use consistent with present zoning? Yes No N/A
5. If #4 is no, indicate desired zoning: _________________________
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
______________________________________________________
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
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?
(e.g., R-1a or R-1b) _____________________________________________________________
9. Is the proposed action compatible with adjacent land uses? Yes No N/A Explain: ________
________________________________________________________________________________________
10a. If the proposed action is the subdivision of land, how many lots are proposed?
10b. What is the minimum lot size proposed?
11. Will the proposed action create a demand for any community-provided services? (e.g., recreation,
education, police, fire protection, etc.)? Yes No N/A Explain: _____________________
If yes, is existing capacity sufficient to handle projected demand? Yes No N/A
Explain: _____________________________
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes No N/A
If yes, is existing road network adequate to handle additional traffic?
Yes No N/A Explain: __________________________________________
7
D. APPROVALS
1. Approvals: ______________________________________
2a. Is any Federal permit required? Yes No N/A Specify: _________________
2b. Does project involve State or Federal funding or financing? Yes No N/A If Yes, Specify:
______________________________________
2c. Local and Regional approvals:
Agency
Yes or No
Type of
Approval Required
Submittal
Date
Approval
Date
Common Council
Board of Zoning Appeals (BZA)
Planning & Development Board
Ithaca Landmarks Preservation
Commission (ILPC)
Board of Public Works (BPW)
Fire Department
Police Department
Building Commissioner
Ithaca Urban Renewal Agency
(IURA)
8
9
E.INFORMATIONAL DETAILS
Attach any additional information as may be needed to clarif y 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 that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name:
Signature:
Title:
***************** END OF PART 1 *****************
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Theater /TMPUD -102 Cherry Street
Date Created: 3/10/16 Updated by the Planning Board on 3/22/16
1 of 11
3/23/2016
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
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:
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
Specific land forms (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Theater /TMPUD -102 Cherry Street
Date Created: 3/10/16 Updated by the Planning Board on 3/22/16
2 of 11
3/23/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
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
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
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): The project will increase impervious
surface by approx. 500 SF adjacent to Cayuga Inlet. A
+/-30’ vegetated buffer is in place. Wil be reviewed by the
City Stormwater Management Officer.
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Theater /TMPUD -102 Cherry Street
Date Created: 3/10/16 Updated by the Planning Board on 3/22/16
3 of 11
3/23/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
5. Will project affect surface or groundwater quality? Yes No
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): The project will increase
impervious surface by approx. 500 SF adjacent to
Cayuga Inlet. A +/-30’ vegetated buffer is in place. Wil be
reviewed by the City Stormwater Management Officer.
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Theater /TMPUD -102 Cherry Street
Date Created: 3/10/16 Updated by the Planning Board on 3/22/16
4 of 11
3/23/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No
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): the project will increase
impervious surface by approx. 500 SF. Wil be reviewed
by the City Stormwater Management Officer. Yes No
IMPACT ON AIR
7. Will project affect air quality? Yes No
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): Minor construction impacts only
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Theater /TMPUD -102 Cherry Street
Date Created: 3/10/16 Updated by the Planning Board on 3/22/16
5 of 11
3/23/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered species? Yes No
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): NYSDEC has identified the site as
within an area with the potential presence of threatened
or endangered species. See Part 3 Yes No
9. Will proposed action substantially affect non-threatened or non-endangered species?
Yes No
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)
Part 2 Project Impacts
Project Name: Theater /TMPUD -102 Cherry Street
Date Created: 3/10/16 Updated by the Planning Board on 3/22/16
6 of 11
3/23/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON AESTHETIC RESOURCES
10. Will proposed action affect views, vistas, or visual character of the neighborhood or
community? Yes No
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
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
Other impacts (if any): NYSDEC has identified the site as
with an area with the potential presence archeological
resources in the area of the project site. See Part 3 Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Theater /TMPUD -102 Cherry Street
Date Created: 3/10/16 Updated by the Planning Board on 3/22/16
7 of 11
3/23/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
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 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
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
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Theater /TMPUD -102 Cherry Street
Date Created: 3/10/16 Updated by the Planning Board on 3/22/16
8 of 11
3/23/2016
Small-to-
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
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
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)
Part 2 Project Impacts
Project Name: Theater /TMPUD -102 Cherry Street
Date Created: 3/10/16 Updated by the Planning Board on 3/22/16
9 of 11
3/23/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
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
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): Outdoor patio is proposed – more
information is needed. See Part 3
Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety? Yes No
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
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
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Theater /TMPUD -102 Cherry Street
Date Created: 3/10/16 Updated by the Planning Board on 3/22/16
10 of 11
3/23/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
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 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
actions. Yes No
Proposed action will relocate 15 or more employees in one or
more businesses. Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Theater /TMPUD -102 Cherry Street
Date Created: 3/10/16 Updated by the Planning Board on 3/22/16
11 of 11
3/23/2016
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 —
Page 1 of 3
City of Ithaca
FULL ENVIRONMENTAL ASSESSMENT FORM - Part III
Project Name: Cherry Artspace – 102 Cherry Ave
Date Created: 3-18-16
PROJECT DESCRIPTION
The applicant proposes to construct a 1,944-SF building on the 5,402-SF project site. The site contains
an existing 1,137-SF building (formerly Renovus Solar). The new building will have a galvanized
corrugated-steel exterior finish to harmonize with the existing building, and have a matte foundation
with perimeter-grade beams. A sidewalk will be provided along the entire parcel width, and 6.5’ tree
lawn and street trees in front of the existing building. (Space does not permit a tree lawn in front of
the new building.) Parking will be provided on adjacent lot immediately to the south. The applicant is
also proposing a future exterior patio in the rear of the building (which requires a permit from
NYSDEC), landscaping, and signage.
The project site is in an area currently under study for an Area Plan as a part of the Phase II of the
Comprehensive Plan. Since this planning effort will likely result in changes in zoning requirements in
this area, the City has rezoned the entire area to a Temporary Mandatory Planned Unit Development
(TMPUD) Zone, until the Area Plan is complete. Therefore, the project sponsor has also applied to
Common Council for a (TM) PUD. The project will require a permit from the NYS Department of
Environmental Conservation (DEC) for encroachment into the permanent easement along the Flood
Control Channel.
This is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”),
§176-4 B. (1)(h)[2], and the State Environmental Quality Review Act (“SEQRA”), §617.4 (b)(11).
IMPACT ON LAND
The project site is previously disturbed – no impact is anticipated.
IMPACT ON WATER
The project site is adjacent to the Cayuga Inlet (Flood Control Channel) on a currently developed site.
The project will require erosion controls during construction. No impact is anticipated
IMPACT ON DRAINAGE
No impact is anticipated
IMPACT ON AIR
No impact is anticipated
IMPACT ON PLANTS AND ANIMALS
The Lead Agency has received a comment from the NYS DEC stating that the agency GIS database
indicates that the project site lies within an area having a documented location of a threatened and/or
endangered species.
The project site and immediately surrounding area is in the City’s Industrial Park and is previously
disturbed and developed. The only existing vegetation on or surrounding the site is limited to areas of
mowed grass. A parking lot is immediately to the south, a paved road (Cherry Street) is immediately
Page 2 of 3
to the east, a small area of mowed grass and a parking area are to the north and the Flood Control
Channel is to the west, along which the City maintains a mowed +/-30’ grass strip.
The 5,402 SF project site contains an existing 1,154 SF building, a 400 SF storage shed and a parking
lot. A limited amount of mowed lawn area exists on the northeast and west sides of the existing
building. The proposed building will be located in the parking lot, which is classified in the City GIS
system as an impervious surface.
The attached aerial photo and site photos illustrate the site conditions.
There are wetland and forested areas to the south of the site and outside the industrial park, such as
the Southwest Natural Area with diverse and potentially sensitive vegetation and fauna. This project
will have no impact on those areas. No impact is anticipated
IMPACT ON AESTHETIC RESOURCES
No impact is anticipated
IMPACT ON HISTORIC RESOURCES
The Lead Agency has received a comment from the NYS DEC stating that the agency GIS database
indicates that the project site lies within an archeologically sensitive area.
The project site and immediately surrounding area are in the City’s Industrial Park and are previously
disturbed and developed. The Flood Control Channel immediately to the west of the project site was
constructed by the Army Corps of Engineers in the late 1960s.
The 5,402 SF project site contains an existing 1,154 SF building, a 400 SF storage shed and a parking
lot. A limited amount of mowed lawn area exists on the northeast and west sides of the existing
building. The proposed building will be located in the parking lot, which is classified in the City GIS
system as an impervious surface.
The attached aerial photo and site photos illustrate the site conditions. No impact is anticipated
IMPACT ON OPEN SPACE AREA
No impact is anticipated
IMPACT ON TRANSPORTATION
No impact is anticipated
IMPACT ON ENERGY
No impact is anticipated
IMPACT ON NOISE AND ODORS
Some concern has been expressed about the potential noise impacts of the outdoor patio to the
residential area across the Flood Control Channel from the project site. In response to the concern
the applicant has provided the following information in a letter dated March 16, 2016 to Lisa Nicholas,
Senior Planner:
Page 3 of 3
As regards the patio on the west (water) side of the building, should it be permitted by the DEC and
by financial realities, it will be used for occasional events early in the evening and small in scale. It is
significantly smaller than the outdoor area at The Boatyard, for example. Events using amplified
sound will be infrequent and a noise permit will be obtained in all such cases.
No impact is anticipated
IMPACT ON PUBLIC HEALTH
No impact is anticipated
IMPACT ON GROWTH AND CHARACTER OF COMMUMITY OR NIEGHBOORHOOD
The applicant has submitted a revised Use District Regulations chart for the proposed (TM)PUD dated
3/22/16 (attached). The revised chart sets more restrictive limits for permitted uses, building height
and lot coverage than was originally proposed in the January 2016 TMPUD application. No impact is
anticipated.
Prepared by: Lisa Nicholas, AICP, Senior Planner
Existing Site Conditions 102 Cherry Street September 2015
1
Proposed Resolution
Planning & Economic Development Committee
April 13, 2016
Resolution Urging New York State to Amend the Real Property Tax Law to Allow Tompkins County the
Option to Provide a Partial Exemption to Residential Properties Subject to Resale Restrictions
WHEREAS, there is a demonstrable and critical shortage of affordable housing within the City of Ithaca
and Tompkins County; and
WHEREAS, this Common Council has attempted to address that shortage through a number of
measures, including financial participation with Tompkins County and Cornell University to create the
Community Housing Development Fund that provides subsidies for creation of affordable housing; and
WHEREAS, Section 501(c)(3) of the Internal Revenue Code allows for the creation of nonprofit entities
that have as one of their purposes the acquisition of land to be held for the primary purpose of
providing affordable homeownership through the implementation of deed or ground lease restrictions;
and
WHEREAS, the nonprofit agency is subject to an initial regulatory agreement restricting purchase of
these properties in accordance with an income test; and
WHEREAS, such programs are known generically as community land trusts, and
WHEREAS, with the support and encouragement of the members of the Community Housing
Development Fund, the community land trust model is being utilized in Tompkins County as a means to
develop affordable housing that remains affordable throughout its existence by means of limitations on
future re‐sale prices; and
WHEREAS, while the limitation on resale prices promotes long‐term affordability, New York State’s Real
Property Tax Law does not allow consideration of such limitations when determining the assessed
valuation of property participating in a community land trust, resulting in assessed values that can far
exceed the restricted re‐sale value of the property and a property tax burden well in excess of that
borne by properties that have similar re‐sale values in the marketplace; and
WHEREAS, this adverse element of the Real Property Tax Law is deterring the development and
purchase of homes through the community land trust program and is therefore exacerbating the
shortage of affordable housing in Tompkins County; and
WHEREAS, it is in the interest of City of Ithaca to address that deterrent to the development of
affordable housing; and
WHEREAS, the Ithaca Urban Renewal Agency recommends the Common Council adopt a resolution
supporting a change in Real Property Tax law so owner‐occupied, resale‐restricted affordable residences
incur a property tax bill similar to residential properties with similar resale values in the City; now,
therefore, be it
2
RESOLVED, the Common Council for the City of Ithaca urges the New York State Legislature to amend
the Real Property Tax Law by creating a new section of law that would allow Tompkins County, by local
law, to grant a partial exemption equal to the difference between the full resale value absent any
restriction and the maximum resale value of said property established by said ground lease to
residential properties located on land owned by a nonprofit entity and subject to a ground lease or deed
restrictions which restrict the resale price of the property for at least 30 years, and be it further
RESOLVED, that this resolution be delivered to appropriate elected officials and the County Assessor.
j:\community development\admin files\agendas\governance\2016\march\reso pedc change rptl for resale restricted homes 4‐13‐16.docx
Proposed Resolution
Planning & Economic Development Committee
April 13, 2016
Consideration of Natural Areas Commission Recommendations Regarding 401 Lake Street ‐
Declaration of Lead Agency
WHEREAS, the City of Ithaca Common Council has reviewed the Natural Area Commission’s
(NAC) recommendations regarding the city‐owned 401 Lake Street property (tax parcel #12.‐1‐
2), and
WHEREAS, the City is considering the following action:
1. Retain 401 Lake Street for public use and designate it for inclusion in the Ithaca Falls
Natural Area;
2. Fund demolition and removal of the vacant house at 401 Lake Street;
3. Direct staff to circulate a concept memo to rezone 401 Lake Street and tax parcel #12.‐
1‐1 from R‐3b to P‐1;
4. Authorize submission of a grant application to fund management plans, and
WHEREAS, items #1 and #2 above are Type I action under the City Environmental Quality
Review Ordinance (CEQRO) due to the site’s close proximity to Fall Creek and the Ithaca Falls
Natural Area, which requires environmental review, and
WHEREAS, items #3 and #4 above are Type II actions that require no further environmental
review at this time, 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 the Lead Agency shall be that local agency which has
primary responsibility for approving, 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 above listed action.
j:\community development\dispositions\city tax foreclosures\2015\401 lake st\401 lake demolition\reso p&ed 401 lake st demolition -
lead agency 4-15-16.doc
Proposed Resolution
Planning & Economic Development Committee
April 15, 2016
Consideration of Natural Areas Commission Recommendations Regarding 401 Lake
Street – Environmental Determination
WHEREAS, the City of Ithaca Common Council has reviewed the Natural Area
Commission’s (NAC) recommendations regarding the city‐owned 401 Lake Street
property (tax parcel #12.‐1‐2), and
WHEREAS, the City is considering the following action:
1. Retain 401 Lake Street for public use and designate it for inclusion in the Ithaca
Falls Natural Area;
2. Fund demolition and removal of the vacant house at 401 Lake Street;
3. Direct staff to circulate a concept memo to rezone 401 Lake Street and tax parcel
#12.‐1‐1 from R‐3b to P‐1;
4. Authorize submission of a grant application to fund management plans, and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action, and
WHEREAS, the proposed action is categorized as a Type I action under the City
Environmental Quality Review Ordinance (CEQRO), which requires environmental
review, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a 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 action listed above generally regarding 401 Lake Street (tax parcel #12.‐1‐2)
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.
j:\community development\dispositions\city tax foreclosures\2015\401 lake st\401 lake demolition\reso p&ed 401 lake demolition
neg dec4‐15‐16.doc
1
Proposed Resolution
Planning & Economic Development Committee
City of Ithaca Common Council
April 13, 2016
Consideration of the Natural Area Commission’s Recommendations Regarding 401 Lake
Street ‐ Action
WHEREAS, the City of Ithaca acquired property located at 401 Lake Street (tax parcel #12.‐1‐2)
and vacant tax parcel #12.‐1‐1 through tax foreclosure proceedings in 2015, and
WHEREAS, the 401 Lake Street property contains a vacant, boarded‐up 840 square foot single
family dwelling located immediately adjacent to Fall Creek, and
WHEREAS, on June 3, 2015, the Common Council took action to:
retain ownership of the 401 Lake Street and tax parcel #12.‐1‐1;
direct staff to consider rezoning 401 Lake Street and tax parcel #12.‐1‐1 from R‐3b to a
P‐1 zoning district designation
designate tax parcel #12.‐1‐1 for inclusion in the Ithaca Falls Natural Area; and
WHEREAS, on June 3, 2015, a decision whether to retain 401 Lake Street for public use and
designate it for inclusion in the Ithaca Falls Natural Area was postponed pending review by the
Natural Areas Commission (NAC), and
WHEREAS, the NAC recommends the following actions:
1. Retain 401 Lake Street for public use and designate it for inclusion in the Ithaca Falls
Natural Area;
2. Rezone 401 Lake Street and the adjacent tax parcel #12.‐1‐1 from R‐3b to P‐1;
3. Demolish and remove the vacant house at 401 Lake Street;
4. Undertake a management plan for the Ithaca Falls Natural Area; and
WHEREAS, the City of Ithaca comprehensive plan, Plan Ithaca, recommends that land use
decisions be made in accordance with the Future Land Use Map, which designates both parcels
in an Environmentally Sensitive land use category, and
WHEREAS, Plan Ithaca also includes a goal that “[g]orges throughout the city will be protected
to ensure their continuation as critical natural assets for current and future use”, and
WHEREAS, the proposed P‐1 zoning district allows public recreation and municipal uses and
facilities, but prohibits residential uses, and
WHEREAS, the City Administration will consider NAC recommendations requiring funding, such
as demolition of the structure at 401 Lake Street, and
2
WHEREAS, Under the City Environmental Quality Review Ordinance (CEQRO), the NAC
recommendations are classified as follows:
Type I (due to proximity to Fall Creek) ‐ Designation of city‐owned parcels into the Ithaca
Falls Natural Area
Type I ‐ Rezoning to P‐1
Type I (due to proximity to Fall Creek) ‐ Demolition of structure at 401 Lake Street
Type II ‐ Development of management plans, and
WHEREAS, the proposed action under consideration by the PEDC is designation of 401 Lake
Street and tax parcel #12.‐1‐2 into the Ithaca Falls Natural Area and circulation of a concept
memo to rezone the above properties, which are classified under the City Environmental
Quality Review Ordinance (CEQRO)as a Type I action and an Exempt action, respectively, and
WHEREAS, the proposed action under consideration by the City Administration Committee to
fund demolition of the vacant structure at 401 Lake Street is a Type I action, and
WHEREAS, environmental review has been completed for proposed actions; now, therefore, be
it
RESOLVED, that the Planning and Economic Development Committee for the City of Ithaca
hereby directs staff to prepare and circulate a concept memo to rezone property located at 401
Lake Street and the adjacent City‐owned tax parcel #12.‐1‐1 from R‐3b to P‐1, and be it further,
RESOLVED, that the Common Council hereby designates the property located at 401 Lake
Street for inclusion in the Ithaca Falls Natural Area.
j:\community development\dispositions\city tax foreclosures\2015\401 lake st\pedc adopted\reso pedc 401 lake st. 4‐13‐16.doc revised.doc
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 - Project Impacts
Project Name: 401 Lake Street – Designate in Natural Area and Demolish Structure
Date Created: 4/15/16
1 of 11
4/8/2016
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
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):
Demolition and clearance of 840 square foot, vacant residential
structure. 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
Specific land forms (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 - Project Impacts
Project Name: 401 Lake Street – Designate in Natural Area and Demolish Structure
Date Created: 4/15/16
2 of 11
4/8/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
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
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
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
Project Name: 401 Lake Street – Designate in Natural Area and Demolish Structure
Date Created: 4/15/16
3 of 11
4/8/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
5. Will project affect surface or groundwater quality? Yes No
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
Project Name: 401 Lake Street – Designate in Natural Area and Demolish Structure
Date Created: 4/15/16
4 of 11
4/8/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No
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
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)
Part 2 - Project Impacts
Project Name: 401 Lake Street – Designate in Natural Area and Demolish Structure
Date Created: 4/15/16
5 of 11
4/8/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered species? Yes No
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
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)
Part 2 - Project Impacts
Project Name: 401 Lake Street – Designate in Natural Area and Demolish Structure
Date Created: 4/15/16
6 of 11
4/8/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON AESTHETIC RESOURCES
10. Will proposed action affect views, vistas, or visual character of the neighborhood or
community? Yes No
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
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
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 - Project Impacts
Project Name: 401 Lake Street – Designate in Natural Area and Demolish Structure
Date Created: 4/15/16
7 of 11
4/8/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
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 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): Project will expand the Ithaca Falls
Natural Area to include the property at 401 Lake Street,
thereby enhancing the quantity and quality of future
open spaces. 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
Proposed action to locate within a UNA or CEA? Yes No
Proposed action will result in reduction in the quality of the
resource. (visual quality and character of Fall Creek
Gorge will be improved by removal of the vacant
structure)
Yes No
Proposed action will impact use, function, or enjoyment of the
resource. Yes No
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 - Project Impacts
Project Name: 401 Lake Street – Designate in Natural Area and Demolish Structure
Date Created: 4/15/16
8 of 11
4/8/2016
Small-to-
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
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
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)
Part 2 - Project Impacts
Project Name: 401 Lake Street – Designate in Natural Area and Demolish Structure
Date Created: 4/15/16
9 of 11
4/8/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
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
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
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
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).
Identified asbestos containing materials identified in the
asbestos survey will be removed in accordance with state law
prior to demolition.
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 - Project Impacts
Project Name: 401 Lake Street – Designate in Natural Area and Demolish Structure
Date Created: 4/15/16
10 of 11
4/8/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
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 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
actions. Yes No
Proposed action will relocate 15 or more employees in one or
more businesses. Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 - Project Impacts
Project Name: 401 Lake Street – Designate in Natural Area and Demolish Structure
Date Created: 4/15/16
11 of 11
4/8/2016
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 —
LEGEND
Midblocks
Tax Parcels
Primary Commons Zone
Secondary Commons Zone
Historic District
Zoning District
Certificate of Appropriateness (COFA) Decision
Buildings
Railroad
Parcel
Border
Waterway
Park
City of Ithaca, NY 2016
Feet4/8/2016Printed:
Data contained on this map was provided or derived from data developed or
compiled by the City of Ithaca, and is the best available to date. The
originators do not warrant the accuracy or completeness of the information
portrayed by the data.
258.611:
Location Map - 401 Lake Street
http://geo.tompkins-co.org/SL/Viewer.html?
Viewer=cityproperties
2,257
CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: This 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 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 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: Provides 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: Focuses 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: _X_Part 1 _X_Part 2 _X_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:
_XA. The Proposed Action will not result in any large and important impact(s) and 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: Revise City Zoning Ordinance, Article VA, “Telecommunications Facilities and
Services” to Lower Required Fall Zone
Name of Lead Agency: City of Ithaca Common Council__________________________________________
Name and Title of Responsible Officer in Lead Agency: Mayor Svante Myrick________________________
Signature of Responsible Officer in Lead Agency: ____
Signature of Preparer: JoAnn Cornish, Director of Planning and Development_________________________
Date: March 14, 2016
2
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
(prepared by project sponsor/applicant)
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 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 FEAF will depend 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: Revise City Zoning Ordinance, Article VA, “Telecommunications Facilities and
Services” to Lower Required Fall Zone
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 East Green Street
City/Town/Village: Ithaca State: New York ZIP: 14850
Business Phone: 607-274-6550
Name of Owner (if different):
Address:
City/Town/Village: State: ZIP:
Description of Action:
Consideration to revise the City of Ithaca Zoning Ordinance, Article VA, “Telecommunications Facilities
and Services” (hereafter referred to as “TCO”), Section 325-29.9. A. (1) concerns the fall zone setback
requirements for Tier III telecommunications facilities and applies to the siting of towers, monopoles, and
lattice structures. The area of a fall zone is where: “No habitable structure or outdoor area where people
congregate shall be within a fall zone of two times the height of the PWSF [personal wireless service
facility] or its mount.”
Specifically, the request is in regard to the only existing telecommunications tower in the City of Ithaca,
located at 815 South Aurora Street. The tower is on a 2.5-acre parcel and has an estimated height of 170
feet. In accordance with the existing ordinance, this would require any development to be outside a radius
of 340 feet from the base of the tower. The request is to reduce the fall zone to 120% of the height of the
tower, the distance the cell tower will actually fall based on two engineering reports submitted to the city,
(see appendix A) which state that in the worst situation, if all three-guy wires supporting the tower fail, the
tower’s fall will be equal to the tower’s height, or 170 feet and that a debris field may extend beyond the
collapsed tower an additional 10-15 feet.
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 X Commercial Public Forest
Agricultural Other:
2. Total area of project area: 2.9 acres square feet (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 Article 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 .25 Acre .25 Acre
2j. Other (indicate type) Grass/Lawn Grass/Lawn
3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.):
3b. Soil Drainage: X Well-Drained _100 %_______ 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? +/- 3 (feet)
4c. What is depth to the water table? +/- 2 (feet)
5. Approximate percentage of proposed project site
with slopes:
X 0-10% 100 % 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 X No N/A
6b. Or a designated local landmark or located in a
local landmark district? Yes X No N/A
7. Do hunting and/or fishing opportunities currently
exist in the project area? Yes X No N/A If yes, identify each species:
_________________________
4
SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant
and/or animal life 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 project site currently used by the community or
neighborhood as an open space or recreation
area?
Yes X No N/A
If yes, explain: _______________________________
11. Does present site offer or include scenic views
known to be important to the community? Yes 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(s) or name(s) of river(s) to which
it is a tributary: ___________________________
_________________________________________
14. Lakes, ponds, or wetland areas within or
contiguous to project area:
a. Name(s): _________________________________
b. Size(s) (in acres): ___________
15. Has site been used for land disposal of solid
and/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?
X Yes No N/A
Yes No X N/A
Yes No X N/A
5
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate): __N/A_____
1a. Total contiguous area owned by project sponsor in acres: __N/A_____ or square feet: _______
1b. Project acreage developed: .25 Acres initially: .25 Acres ultimately:________
1c. Project acreage to remain undeveloped: ____2.65________________
1d. Length of project in miles (if appropriate): ___________ 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: proposed:_____________ N/A
1g. Maximum vehicular trips generated (upon completion of project) per day: __ and per hour: ___ N/A
1h. Height of tallest proposed structure in feet. __N/A (Existing Tower Height is 170 feet)_____
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:
_______________________________ 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:___________ type of vegetation:________________________________________________ N/A
4. Will any mature trees or other locally important vegetation be removed for this project? ______ N/A
5. Are there any plans for re-vegetation to replace vegetation removed during construction? _______ N/A
6. If single-phase project, anticipated period of construction: months (including demolition) N/A
7. If multi-phased project, anticipated period of construction: _______ months (including demolition) N/A
7a. Total number of phases anticipated: ______________
7b. Anticipated date of commencement for first phase: month year (including demolition)
7c. Approximate completion date of final phase: month year.
7d. Is phase one financially dependent on subsequent phases? Yes No N/A
8. Will blasting occur during construction? Yes No N/A If yes, explain: ______________ N/A
______________________________________________________________________________________
9. Number of jobs generated during construction: __________ After project is completed: ________ N/A
10. Number of jobs eliminated by this project: Explain: _________________________ N/A
______________________________________________________________________________________
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): ______________
12c. If surface disposal, where specifically will effluent be discharged? _____________________
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
6
PROJECT DESCRIPTION (concluded)
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, or Silver Creek? (Circle all that apply.)
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 No X N/A;
14d. If #14a., b., or c. is yes, explain: _______________________
15a. Does project involve disposal of solid waste? Yes No X N/A
15b. If #15a. is yes, will an existing solid waste disposal facility be used? Yes No N/A
15c. If #15b. is yes, give name of disposal facility: 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 N/A If yes, explain: ___________________________________
15e. Will any solid waste be disposed of on site? Yes No 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 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):
______
____________________________________________________________________________________
21. Total anticipated water usage per day in gals./day: Source of water: N/A
7
C. ZONING AND 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? __R-3b______________________
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
4. Is proposed use consistent with present zoning? Yes X No N/A
5. If #4 is no, indicate desired zoning: Reduction in fall zone for existing telecommunications tower
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
______________________________________________________
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?
(e.g., R-1a or R-1b) I-1 (Emerson), P-1 (South Hill School), Ithaca College, R2-a and R3-b. The
project site is very near the City/Town municipal boundary.
9. Is the proposed action compatible with adjacent land uses? Yes No X N/A Explain:
________________________________________________________________________________________
10a. If the proposed action is the subdivision of land, how many lots are proposed?
10b. What is the minimum lot size proposed?
11. Will the proposed action create a demand for any community-provided services? (e.g., recreation,
education, police, fire protection, etc.)? Yes No X N/A Explain: _____________________
If yes, is existing capacity sufficient to handle projected demand? Yes No N/A
Explain: _____________________________
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes No X N/A
If yes, is existing road network adequate to handle additional traffic?
Yes No X N/A Explain: __________________________________________
8
D. APPROVALS
1. Approvals: _Adoption by Common Council_____________________________________
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 or No
Type of
Approval Required
Submittal
Date
Approval
Date
Common Council X Adoption 2/10/16
Board of Zoning Appeals (BZA)
Planning & Development Board
Ithaca Landmarks Preservation
Commission (ILPC)
Board of Public Works (BPW)
Fire Department
Police Department
Building Commissioner
Ithaca Urban Renewal Agency
(IURA)
9
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 that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: JoAnn Cornish
Signature:
Title: City of Ithaca Director of Planning and Development
***************** END OF PART 1 *****************
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower Required Fall Zone
Date Created: 4/6/16
1 of 11
4/8/2016
Revise City Zoning Ordinance, Article VA,
“Telecommunications Facilities and Services” to Lower
Required Fall Zone
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
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
Specific land forms (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower Required Fall Zone
Date Created: 4/6/16
2 of 11
4/8/2016
Revise City Zoning Ordinance, Article VA,
“Telecommunications Facilities and Services” to Lower
Required Fall Zone
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
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
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
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
Project Name: Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower Required Fall Zone
Date Created: 4/6/16
3 of 11
4/8/2016
Revise City Zoning Ordinance, Article VA,
“Telecommunications Facilities and Services” to Lower
Required Fall Zone
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
5. Will project affect surface or groundwater quality? Yes No
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
Project Name: Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower Required Fall Zone
Date Created: 4/6/16
4 of 11
4/8/2016
Revise City Zoning Ordinance, Article VA,
“Telecommunications Facilities and Services” to Lower
Required Fall Zone
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No
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
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)
Part 2 Project Impacts
Project Name: Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower Required Fall Zone
Date Created: 4/6/16
5 of 11
4/8/2016
Revise City Zoning Ordinance, Article VA,
“Telecommunications Facilities and Services” to Lower
Required Fall Zone
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered species? Yes No
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
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)
Part 2 Project Impacts
Project Name: Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower Required Fall Zone
Date Created: 4/6/16
6 of 11
4/8/2016
Revise City Zoning Ordinance, Article VA,
“Telecommunications Facilities and Services” to Lower
Required Fall Zone
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON AESTHETIC RESOURCES
10. Will proposed action affect views, vistas, or visual character of the neighborhood or
community? Yes No
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
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
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower Required Fall Zone
Date Created: 4/6/16
7 of 11
4/8/2016
Revise City Zoning Ordinance, Article VA,
“Telecommunications Facilities and Services” to Lower
Required Fall Zone
Small-to-
Moderate
Impact
Potential
Large
Impact
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 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
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
Other impacts (if any):
Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower Required Fall Zone
Date Created: 4/6/16
8 of 11
4/8/2016
Revise City Zoning Ordinance, Article VA,
“Telecommunications Facilities and Services” to Lower
Required Fall Zone
Small-to-
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
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
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)
Part 2 Project Impacts
Project Name: Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower Required Fall Zone
Date Created: 4/6/16
9 of 11
4/8/2016
Small-to-
Moderate
Impact
Potential
Large
Impact
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
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
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
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
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower Required Fall Zone
Date Created: 4/6/16
10 of 11
4/8/2016
Revise City Zoning Ordinance, Article VA,
“Telecommunications Facilities and Services” to Lower
Required Fall Zone
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
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): See Part 3
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 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
actions. Yes No
Proposed action will relocate 15 or more employees in one or
more businesses. Yes No
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Project Name: Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower Required Fall Zone
Date Created: 4/6/16
11 of 11
4/8/2016
Revise City Zoning Ordinance, Article VA,
“Telecommunications Facilities and Services” to Lower
Required Fall Zone
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 —
4/8/2016 Page 1 of 4
City of Ithaca
FULL ENVIRONMENTAL ASSESSMENT FORM - Part III
Request to Revise City Zoning Ordinance, Article VA, “Telecommunications Facilities
and Services” to Lower Required Fall Zone, April 6, 2016 (Prepared by J. Cornish,
Director of Planning and Development)
PROJECT DESCRIPTION
The City is considering revising City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” (hereafter referred to as “TCO”), Section 325-29.9. A. (1) concerns
the fall zone setback requirements for Tier III telecommunications facilities and applies to
the siting of towers, monopoles, and lattice structures. The area of a fall zone is where: “No
habitable structure or outdoor area where people congregate shall be within a fall zone of two
times the height of the PWSF [personal wireless service facility] or its mount.”
Currently the City has one existing telecommunications tower located at 815 South Aurora
Street. The tower is on a 2.5-acre parcel and has an estimated height of 170 feet. In
accordance with the existing ordinance, this would require any development to be outside a
radius of 340 feet from the base of the tower. The proposed revision to the zoning ordinance
is to reduce the fall zone to 120% of the height of the tower, the distance the cell tower will
actually fall based on two engineering reports submitted to the city, (available upon request)
which state that in the worst situation, if all three-guy wires supporting the tower fail, the
tower’s fall will be equal to the tower’s height, or 170 feet and that a debris field may extend
beyond the collapsed tower an additional 10-15 feet.
IMPACT ON LAND
With the existing fall
zone, (340’) the parcel
cannot be developed. If
the fall zone were
reduce to 120% (170’)
it would leave
developable land
outside the proposed
fall zone.
Should the ordinance be
revised and a
development project
proposed, the project
would be subject to site
plan review, which
would include
environmental review.
4/8/2016 Page 2 of 4
IMPACT ON WATER
No Impact anticipated
IMPACT ON DRAINAGE
No Impact anticipated
IMPACT ON AIR
No Impact anticipated
IMPACT ON PLANTS AND ANIMALS
No Impact anticipated
IMPACT ON AESTHETIC RESOURCES
Normally, the addition of a cell tower would impact aesthetics. However, this cell tower
already exists and is not likely to be removed any time in the near future. The tower is
currently located on an asphalt parking lot adjacent to lawn area on three sides and Route
96B on the fourth side. The tower can be seen from many areas of the City and has a
negative impact on views of South Hill as well as from South Hill to the north where one can
see panoramic views of Cayuga Lake and the distant hills.
Several buildings exist in the fall zone that is currently regulated by the Telecommunications
Ordinance (340 feet). The addition of buildings and especially landscaping within the
proposed fall zone of 170 feet will lessen the visual impact within the immediate vicinity of
the cell tower but will have little to no impact on other longer distance views.
IMPACT ON HISTORIC RESOURCES
No Impact anticipated
IMPACT ON OPEN SPACE AREA
No Impact anticipated
4/8/2016 Page 3 of 4
IMPACT ON TRANSPORTATION
No Impact anticipated
IMPACT ON ENERGY
No Impact anticipated
IMPACT ON NOISE AND ODORS
No Impact anticipated
IMPACT ON PUBLIC HEALTH The tower at 815 South Aurora Street is a non-
conforming structure and would not be allowed under current zoning. The original tower
was erected many years ago and residential buildings are within 180 feet of the tower and
will be impacted if the tower fails. If the tower were to fall in a southerly direction, it would
likely hit an existing apartment building. Were it to fall in a northerly direction, it would
demolish the telecommunications facility building, including the exterior fuel tank located on
its southern wall, and fall onto the concrete building on site. Were it to fall in a westerly
direction, it would fall across Route 96B, taking down power lines. Because of the tower’s
size and weight, anything it hits will likely be severely damaged.
Several structural analysis reports from New York State Licensed Engineering firms have
been completed over the past several years. They include:
Towerkraft Engineering, P.C. Design and Analysis of Communication Structures,
Prepared by Steven Fehlhafer, P.E. and reviewed and certified by Alvin Kraft, P.E.,
August 14, 2007,
Towerkraft Engineering, P.C. Design and Analysis of Communication Structures,
Prepared by Steven Fehlhafer, P.E. and reviewed and certified by Alvin Kraft, P.E.,
May 29, 2008,
4/8/2016 Page 4 of 4
Taitem Engineering, Letter/Report prepared by Javier E. Rosa, P.E., Partner and
Senior Engineer, Structural Department, certifying the fall zone for the existing guy
wire tower located at 815 S. Aurora Street, dated January 15, 2015,
SPEC Consulting, Letter/Report prepared by Gary Bush, P.E., for the Tower Fall
Zone, Cell Phone Tower, 815 S. Aurora Street, Ithaca, NY, dated February 3, 2016,
Bennett & Pless, Structural Analysis Report, 170 ft. Guyed Tower, 815 South Aurora
Street, Ithaca NY, prepared by Michael T. DeBoer, P.E. Sr. Technical Director,
Telecom, dated February 4, 2016.
*(All reports available upon request in the City of Ithaca Planning Department.)
Findings in the reports varied slightly but concluded:
The tower height is 170 feet and has a steel lattice frame.
The tower is supported at its base by a single point in a ball-and-socket configuration
which allows rotational motion of the tower at the connection point and prevents
undue stresses which would be present if this were a rigid connection.
The tower is held upright by a set of guy wires which are anchored to concrete
foundations set into the ground and sized to resist the wind loads expected by the
tower and its appurtenances.
The fall zone would be equal to the height of the tower.
The debris field may extend beyond the collapsed tower an additional 10-15 feet
although the engineering reports state this is unlikely because the communication
components attached to the tower can withstand higher loads, and most likely will
remain attached to the tower frame during and after collapse.
Analysis was performed with a 70 MPH basic wind speed (the designated wind speed
for Tompkins County, NY) as stated by ANSI EIA/TIA design standard 222-F
(Electronic Industries Association Structural Standards for Steel Antenna Tower and
Antenna Supporting Structures) and included loading of all tower members with an
accumulation of ½” of radial ice accumulation.
The tower is at or slightly above its capacity and at its maximum height per its
structural load. Based on the structural capacity of the structure, the tower cannot
physically go any higher. Therefore, reconstruction of the tower base would be
required.
Geotechnical information was not available so actual soil properties are not known.
Assumptions were made that the soil type was “normal” and that the bearing pressure
at the base is not considered a risk to failure since safety factors are included in the
determination of allowable bearing capacity.
The reports did not investigate the potential hazards of burning and falling antenna arrays
igniting nearby trees or buildings.
IMPACT ON GROWTH AND CHARACTER OF COMMUMITY OR
NEIGHBOORHOOD
No Impact anticipated
Draft Resolution – April 13, 2016
Adoption of Revisions to the City Zoning Ordinance, Chapter 325, Article VA,
“Telecommunications Facilities and Services”, § 325-29.9, Fall Zone and Setback Requirements for
Tier Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower.
The Declaration of Lead Agency for Environmental Review
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 of Ithaca
Environmental Quality Review Ordinance, (CEQR), §176-4 which requires review under CEQR; now,
therefore, be it
RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the
environmental review for the adoption of revisions to City Zoning Ordinance, Chapter 325, Article VA,
“Telecommunications Facilities and Services”, § 325-29.9, Fall Zone and Setback Requirements for Tier
Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower.
Draft Resolution – April 13, 2016
Adoption of Revisions to the City Zoning Ordinance, Chapter 325, Article VA,
“Telecommunications Facilities and Services”, § 325-29.9, Fall Zone and Setback Requirements for
Tier Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower.
WHEREAS, the City of Ithaca is considering a proposal to revise the City Zoning Ordinance, Chapter
325, Article VA, “Telecommunications Facilities and Services”, § 325-29.9, Fall Zone and Setback
Requirements for Tier Three PWSF's, to lower the required fall zone to 120% of the height of the tower,
and
WHEREAS, the proposed action is an “Unlisted" Action pursuant to the City of Ithaca Environmental
Quality Review Ordinance, (CEQR), §176-4 which requires review under CEQR, and
WHEREAS, the Common Council for the City of Ithaca did, on April 13, 2016, declare itself lead agency
for this action, and
WHEREAS, upon direction from the Planning and Economic Development Committee of Common
Council, the proposed revision was circulated to various boards and committees in a memo dated January
21, 2016, and
WHEREAS, the proposed revision has been reviewed by the Tompkins County Planning Department
pursuant to §239-l–m of the New York State General Municipal Law, which requires that all actions
within 500 feet of a county or state facility, including county and state highways, be reviewed by the
County Planning Department, and
WHEREAS, the proposed revision has also been reviewed by the City of Ithaca Conservation Advisory
Council, and the City of Ithaca Planning and Development Board, and
WHEREAS, a public hearing for the proposed revision was held on February 10, 2016, at the meeting of
the Planning and Economic Development Committee, and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the Full
Environmental Assessment Form Parts 1, 2, and 3, prepared by Planning Staff and has determined that the
adoption of the proposed zoning revision will not have a significant effect on the environment; now,
therefore, be it
RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the
finding and conclusions more fully set forth on the Full Environmental Assessment Form, and be it
further
RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the
proposed action at issue; Adoption of Revisions to the City Zoning Ordinance, Chapter 325, Article VA,
“Telecommunications Facilities and Services”, §325-29.9, Fall Zone and Setback Requirements for Tier
Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower, 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.
Draft Resolution – April 13, 2016
An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Article VA,
Entitled “Zoning,”, “Telecommunications Facilities and Services”, § 325-29.9, Fall Zone
and Setback Requirements for Tier Three PWSF's, to Lower the Required Fall Zone to
120% of the height of the tower.
ORDINANCE NO. 2016-____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325, Article VA, Section 325-29.9, be amended as follows:
Section 1. Chapter 325 (“Zoning”), Article VA, Section 325-29.9 is hereby amended to change
the approval process for a Planned Unit Development Zone to allow the Common Council to
approve a PUD for a multi phased project based on the final site plan approval of the first phase
of the project and preliminary site plan approval of subsequent phases of the project, and shall
read as follows:
§ 325-29.9 Fall zone and setback requirements for Tier Three PWSF’s
Tier Three applications shall meet the following standards:
A. Fall zone.
(1) No habitable structure or outdoor area where people congregate shall be within a fall
zone of 120% of the height of the PWSF or its mount.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in accordance with
law upon publication of notices as provided in the Ithaca City Charter.
To: Planning & Economic Development Committee
From: Megan Wilson, Senior Planner
Date: April 7, 2016
RE: Proposal to Adopt an Ordinance Prohibiting the Feeding of Waterfowl
The purpose of this memo is to provide additional information on a proposed ordinance that would
prohibit the feeding of waterfowl as part of a comprehensive waterfowl management plan. As part
of a city-wide effort to better manage the Canada goose population and protect our wildlife, the City
of Ithaca has been working to come up with a humane, management plan that addresses the needs
of our residents. Ithaca has increasingly struggled with a burgeoning geese population on all
habitable lands, which has led to considerable human-wildlife conflict, especially around goose waste
on playing fields and parklands where people like to recreate. Geese prefer wide-open, grassy spaces
near water and Ithaca has these locations in abundance. Not only relegated to Ithaca, this has
become a widespread problem in many states across the U.S.
In the summer of 2015, a small working group was convened, as a subcommittee of the City of
Ithaca Parks Commission, to come up with a set of recommendations for how to address the issue
of Canada Geese on City lands. Membership of the group included Josephine Martell, Common
Council and Chair; Rick Manning, Friends of Stewart Park; Jim D’Alterio, Director of Cass Park;
and Larry Fabbroni, Jr., Parks Commissioner. The group met two times and had a series of e-mail
discussions. After reviewing the literature on Canada Goose management, considering public
opinion in Ithaca, reaching out to wildlife and management experts, and examining how other
communities have dealt with this issue, the group proposed a 3-5 year pilot program.
The proposed program consists of a three-prong approach that includes egg oiling, hazing and
implementing a no-feeding ordinance, as these are the three main components of any successful,
non-lethal management program. This approach is supported by NY Department of Environmental
Conservation (DEC), the U.S. Fish and Wildlife Service, and even The Humane Society of the
Unites States. The primary goal of the program is to deter the geese from staying on City lands by
making it unappealing for them and forcing them to go elsewhere. Ithaca cannot address the
increasing geese population as a whole across the US, or even NYS, so this strategy focuses on
keeping them off the City lands where they are causing the most human-wildlife conflict. Other
management options are still being considered, but this is the approach proposed as information is
gathered over the next few years.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA 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
The group also held an initial stakeholder meeting in early January 2016 with a variety of local
stakeholders including NY DEC, Cornell Department of Natural Resources, Friends of Stewart
Park, Ithaca College, Ithaca High School, the New York State Parks, Cornell Plantations, the City’s
Parks Commission, the City Forrester (who serves on the Parks Commission and has been very
active in the discussion all along), the Ithaca Youth Bureau, and the director of a national program,
Geese Peace. Other local stakeholders including the Lab of Ornithology and the Cayuga Bird Club
were also invited, and are part of the discussion, but could not attend the meeting.
As a result of that meeting, the following activities were identified for the first year:
1. Create and populate a GIS map of geese nests through volunteer partnerships.
2. Draft a geese management plan for the City based on the agreed outcomes.
3. Draft and propose a no feeding ordinance that would apply city-wide. Install signs along our
waterways and launch a public relations campaign to educate public about the new rule.
Parks staff will help educate public.
4. Work with the DEC during summer 2016 to band and collar geese within the city to better
determine their movements and population
5. Explore the possibility of a student intern for summer 2016 to test some hazing methods
and identify key conflict areas, and work with DEC
The no-feeding ordinance (#3) is currently proposed for consideration by the Common Council.
The DEC strongly encourages communities to implement a no-feeding ordinance as part of a
Canada Geese management plan for a variety of reasons, including that feeding water fowl leads to
poor nutrition for the birds, encourages unnatural behavior (no fear of humans), causes
overcrowding, leads to costly management strategies and more. It is important to communicate to
the public how feeding is currently hurting the geese by providing them with poor nutrition and
encouraging them to stay, which causes a series of impacts and human conflict. By not feeding geese
and discouraging them from occupying public lands, the public can help us manage the geese
population and hopefully decrease it over time.
Following last month’s Planning & Economic Development Committee meeting, the proposed
ordinance was circulated for public comment. No substantive revisions to the draft ordinance have
been proposed, and the current draft ordinance is attached for your consideration. If you have any
questions, please contact Josephine Martell at jmartell@cityofithaca.org or Megan Wilson at
mwilson@cityofithaca.org or 274-6560.
4/7/16
Page 1 of 2
An Ordinance to Amend the Municipal Code of The City Of Ithaca,
Chapter 164, Entitled “Dogs and Other Animals” To Prohibit the Feeding
of Waterfowl on City Property
WHEREAS, the City has been struggling with considerable human-wildlife
conflict resulting from a burgeoning geese population on habitable
lands, and
WHEREAS, the conflict between people and waterfowl is particularly
pronounced on the City’s playing fields and parklands where people
like to recreate, and
WHEREAS, feeding of waterfowl contributes to the concentration of such
birds in areas frequented by the public by encouraging birds to
congregate for food, and
WHEREAS, feeding of waterfowl can be detrimental to their health as
waterfowl can suffer from nutritional disorders, such as calcium
deficiencies and bone disease, as a result of the poor quality of food
like bread and corn that is typically fed to geese in public settings,
and
WHEREAS, feeding of waterfowl causes behavioral changes in the geese
by decreasing their fear of humans and encouraging to remain in
locations where public feeding is taking place, and
WHEREAS, the concentration of waterfowl can be destructive to lawns
and can interfere with the planned use of parklands, and the resultant
quantities of feces can create public health concerns and reduce the
aesthetic and recreational value of parks and other public property;
now, therefore,
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 164 of the Municipal Code of the City of Ithaca be
amended as follows:
Section 1. Chapter 164 of the Municipal Code is hereby amended to add
a new Article to be inserted as Article III, Waterfowl.
Section 2. Chapter 164, Article III is hereby created to read as
follows:
Article III: Waterfowl
§164-21 Applicability.
This article shall apply to all areas of the City of Ithaca.
§164-22 Definitions.
As used in this article, the following words shall have the
meanings indicated:
4/7/16
Page 2 of 2
WATERFOWL
Members of any and all species of wild and domestic aquatic
birds, including but not limited to ducks, geese, and swan.
§164-23 Feeding prohibited.
It shall be unlawful to provide feed, including, but not limited
to, bread, corn, and other grains, to any waterfowl on public
property. It shall be unlawful to provide feed, including, but
not limited to, bread, corn, and other grains, to any waterfowl
on private property without the prior approval of the owner of
such property.
§164-24 Enforcement; appearance ticket.
All police officers in the City shall administer and enforce the
provisions of this article and for such purpose shall have the
authority to issue appearance tickets.
§164-25 Penalties for offenses.
Except as provided in the Agriculture and Markets Law, a
violation of this article constitutes a civil offense punishable
in accordance with §1-1 of the City of Ithaca Municipal Code.
These penalties shall be in addition to any other penalties
provided by law.
Section 3. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
City of Ithaca
Planning & Economic Development Committee
Wednesday, March 9, 2016 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick,
Ducson Nguyen, Cynthia Brock, and Josephine
Martell
Committee Members Absent: None
Other Elected Officials Attending: Mayor Svante Myrick (arrived at 6:35 p.m.)
Staff Attending: JoAnn Cornish, Director, Department of Planning,
Building, Zoning, and Economic Development;
Lisa Nicholas, Senior Planner; Lynn Truame,
Ithaca Urban Renewal Agency (IURA); Nels Bohn,
Director, Ithaca Urban Renewal Agency (IURA);
Addisu Gebre, City Bridge Engineer; Deborah
Grunder, Executive Assistant
Others Attending: Anthony Zeb, Tompkins County Land Trust
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
There were no changes made to the agenda.
2) Public Comment and Response from Committee Members
David Nutter, 243 Cliff Street, spoke on the ‘no feed’ waterfowl ordinance. His comments are
attached to these minutes.
Fabina Colon and Audrey Cooper, Workforce Diversity Advisory Committee (WDAC), spoke on
the CIITAP changes. Fabina read what the WDAC has been doing on such a program. It is
suggested that fees received be used for underprivileged persons and the programs that serve
them. She read a letter that was already sent to Council members. That letter is attached to
these minutes.
Thomas Schelley, 118 East Court Street, spoke in favor of the chicken ordinance and is eager to
see how the pilot program works.
Alderperson Brock thanked the WDAC for their comments regarding CIITAP.
Alderperson Martell responded to David Nutter stating that the geese ordinance is not looking
to remove the geese, just minimize the geese population.
3) Special Order of Business
a) Presentation: Chain Works Planned Unit Development (PUD) Zone
Lisa Nicholas, Senior Planner, explained the time line for this project, what has been done
to date, and what is left to be completed.
The City Planning Committee will work parallel with the City Planning and Development
Board through the site‐plan review process. The PUD is often completed after the
environmental review is done. Some joint meetings have been scheduled with the Town
of Ithaca Planning Committee and the City Planning and Development Board. More
meetings may be required.
The decisions that were made at last night’s City Planning Board meeting will be updated
and distributed to all. The City Planning Committee will work on the PUD zoning at the
same time the City Planning Board will be completing the site‐plan review.
Mayor Svante Myrick joined the meeting at 6:35 p.m.
4) Announcements, Updates, and Reports
a) IURA Consolidated Plan
Lynn Truame stated that the Emergency Rescue Shelter usage has changed since the 2014
Consolidated Plan. For that reason, the plan will be updated to reflect that money may be used
to fund projects of this nature. There is no formal approval necessary, just notification.
5) Action Items (Voting to send on to Council)
a) Brindley Street Bridge Replacement: Lead Agency Decision
Alderpersons Nguyen and Brock both pointed out the misspelling of Brindley throughout the
resolution. The resolution was corrected.
Alderperson Brock asked whether a public hearing has been scheduled. As of now, a public
hearing has not been scheduled and won’t be until the site‐plan review application is
submitted. That is not expected until June 2016.
Brindley Street Bridge Rehabilitation Project Design Alternative and Environmental
Review Lead Agency Decision‐Resolution
Moved by Alderperson Kerslick; seconded by Alderperson Nguyen. Carried unanimously.
WHEREAS, the existing Brindley Street Bridge (“the Bridge”) is a single‐span, single‐lane
multiple steel girder bridge carrying Brindley Street over the Cayuga Inlet, and
WHEREAS, Brindley Street Bridge Replacement Project (“the Project”) involves the
replacement of the Brindley Street Bridge with two lane structure with additional
accommodations for bicyclists and pedestrians including necessary approach and
intersection improvement, and
WHEREAS, two possible alternatives for the replacement of this bridge are being
considered: Bridge Alternative 1,which includes replacement of the bridge in its existing
alignment and Bridge Alternative 2,which would include the construction of new roadway
and bridge on a relocated horizontal alignment that would connect Taber Street with the
West State Street/Taughannock Boulevard intersection, and
WHEREAS, the alternatives for reconstruction of the Brindley Street Bridge were presented
to the City Planning Board on September 23, 2014, and
WHEREAS, the Planning Board prepared a memo in support of Bridge Alternative 2, which
would realign the bridge with Taughannock Boulevard, stating that this would improve a
problematic intersection, and
WHEREAS, the alternatives for reconstruction of the Brindley Street Bridge were presented
to the City Board of Public Works on September 22, 2014, and
WHEREAS, on October 6,2014, the Board of Public Works voted on a resolution in support
of Bridge Alternative 2, which would realign the bridge with Taughannock Boulevard, and
WHEREAS, on February 8, 2016, the Board of Public Works voted on a resolution that notify
the Board’s intent to act as a lead agency for environmental review of the project focused
on Alternative 2; now, therefore be it
RESOLVED, that the Common Council hereby accepts the recommendation of both the
Board of Public Works and Planning Board to proceed with developing a detail design for
Brindley Bridge Alternative 2;and ,be it further
RESOLVED, that the Common Council hereby concur with Board of Public Works on its
intention to act as a lead agency for the environmental review of the project focused on
Alternative 2 ;and, be it further
RESOLVED, that, contingent upon environmental review outcome, the Common Council
here by authorizes the Superintendent of Public Works to proceed with the design of
Brindley Street Bridge replacement on relocated horizontal alignment and new roadway
construction (Bridge Alternative 2).
b) Six‐Mile Creek Watershed Conservation Easement
Moved by Alderperson Martell; seconded by Alderperson Kerslick. Unanimously approved.
Alderperson Brock stated that when we voted to create this fund, we agreed that the City’s
contribution was not to exceed $15,000. What is the rationale for the increase to $40,000?
Chair Murtagh stated he is in full support of this easement. This is a beautiful piece of property.
Alderperson Brock is very reluctant to approve a higher amount than the County is.
Alderperson Martell spoke on behalf of the Natural Areas Commission who are in favor of not
spending the entire funds available. They suggest $25,000.
Andy Zeb, Tompkins County Land Trust, informed the group that this program was set up to
improve the water in the plant which will maintain better water throughout the area. The
property being proposed is “as good as it gets” in the watershed.
Alderperson Brock moved to amend the resolution to read as noted below; seconded by
Alderperson Martell. Unanimously approved.
WHEREAS, the City of Ithaca has received an application from the Finger Lakes Land Trust (FLLT) to
support the acquisition of approximately 125 acres of land within the Six Mile Creek Watershed
located at 471 Midline Road in the Town of Dryden (“the Petkov Property”), and
WHEREAS, the application meets the four criteria established in the Common Council Resolution
“City Watershed Conservation Easements Processes” passed on March 4, 2015, and
WHEREAS, the Superintendent of Public Works and Assistant Superintendent of Public Works—
Water and Sewer have reviewed the application and believe that the property is of high value for
protection of the watershed, and
WHEREAS, the Board of Public Works passed a 2/22/16 resolution supporting the provision of
$40,000 toward acquisition of the Petkov Property by the FLLT, now therefore be it
RESOLVED, that the Common Council authorizes the Mayor, on advice on of the City attorney, to
enter into a funding agreement with the FLLT by which the City provides $40,000 $25,000 to the
FLLT and the FLLT contractually commits to the preservation in perpetuity of the Petkov Property,
thus protecting the water quality of the watershed flowing into the City’s water filtration plant, and
be it further
RESOLVED, that the Common Council authorizes funding in support of the same to be drawn from
the Water Fund, Watershed Accounts; F8321‐5700 $20,000 (2015) and F8321‐5435 $20,000 5,000
(2016).
c) Proposed Small Revisions to PUD Ordinance
Moved by Alderperson Brock; seconded by Alderperson Martell. Passed Unanimously.
An Ordinance to Amend the City of Ithaca Municipal Code, Chapter
325, Entitled “Zoning,” Article IV, Section 325-12, in Order to
Amend the Approval Process for the Planned Unit Development (PUD)
ORDINANCE NO. 2016-____
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca that Chapter 325, Article IV, Section 325-12G.(12) be
amended as follows:
Section 1. Chapter 325 (“Zoning”), Article IV, section 325-
12G.(12) is hereby amended to change the approval process for a
Planned Unit Development Zone to allow the Common Council to
approve a PUD for a multi phased project based on the final site
plan approval of the first phase of the project and preliminary
site plan approval of subsequent phases of the project, and shall
read as follows:
§325-12. G.(12)
“Common Council consideration of the PUD. When and if the
Planning Board has completed its environmental review of the
project to the extent required under SEQRA and CEQRO and has
issued a contingent site plan approval or in the case of a multi-
phase project has issued a preliminary contingent site plan
approval of multiple phases along with a final contingent site
plan approval of at least one phase, the project will return to
the Common Council for final consideration of the adoption of the
PUD, which in at Council’s discretion may be authorized for one
or all phases of a multi-phase project. Final Council approval,
if any, shall be granted via ordinance.”
Section 2. Severability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is held to be invalid
Formatted: Strikethrough
or unconstitutional by a court of competent jurisdiction, then
that decision shall not affect the validity of the remaining
portions of this ordinance.
Section 3. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
6) Action Items (Voting to Circulate)
a) (TM)PUD Application: Cherry Street Arts Space
To: Planning and Economic Development Committee
FROM: Lisa Nicholas, Senior Planner
DATE: March 3, 2016
RE: City of Ithaca Temporary Mandatory Planned Unit Development Application for
The Cherry Artspace
On March 1, 2016, the City of Ithaca received an application for a Planned Unit Development (PUD) for the
Cherry Artspace. The completed application is enclosed for your review.
The proposed project is a small, flexible, multidisciplinary arts space, at 102 Cherry Street in Ithaca's
industrial West End. The space will be sprinklered and handicapped-accessible and meet all requirements
for assembly. Performance Premises has committed to making the building indefinitely available to the
local 501{c)(3) arts organization The Cherry Arts without cost. The Cherry Arts will program their own
original theatre work (based in an ensemble of Ithaca's own professional theatre artists) in the Artspace;
and will also make the space very affordably available to present the work of other excellent area artists
whose work may be best served by a venue that is smaller and/or more flexible than existing ones. The
benefits to the community will be many. An arts space in Ithaca's West End will work alongside planned
improvements like the Brindley Street Bridge and Black Diamond Trail to bolster development of
Ithaca's underused industrial zoned waterfront. Ithaca and area artists will benefit from access to an
affordable space that may better suit their artistic needs. Cherry artists will equally benefit from a space
designed to enable crossover between artistic disciplines, both on a creative and audience-development
level. The Arts pace will broaden the range of theatrical and artistic offerings available to Ithaca and
regional audiences.
In accordance with the Temporary Mandatory Planned Unit Development (TMPUD) requirements this
application is to be circulated for comments and a public information session is to be held. The project will
then return to the Planning Committee in April for a public hearing and with a request for an approval
in concept. If the Committee is in agreement, staff will begin this process and return in April with any
comments that are received.
If you have questions or require additional information, please feel free to contact me at
Alderperson Brock moved to circulate; seconded by Alderperson Nguyen. Passed unanimously.
b) Incentive Zoning for Affordable Housing
Alderperson Brock is not in favor of remove the minimum parking requirement.
Alderperson Nguyen stated he is not a fan of this type of zoning. In his research, in Chicago
most developers chose the payment‐in‐lieu.
Alderperson Kerslick moved to circulate; seconded by Alderperson Martell. Passed 4‐1.
DRAFT City of Ithaca Incentive Zoning for Affordable Housing Ordinance
Section 1. Intent
The intent of this ordinance is to encourage the construction of affordable housing, or payment of
fees-in-lieu to support such construction, as a portion of new residential development within the
community for the purpose of:
A. Implementing the affordable housing goals, policies, and objectives contained in the
City of Ithaca’s Comprehensive Plan and the Tompkins County Comprehensive Plan;
B. Ensuring the opportunity of affordable housing for employees of businesses that are located
in or will be located in the community;
C. Maintaining a balanced community that provides housing for people of all income levels.
Section 2. Definitions
A. Definitions of specific terms or words as used in this ordinance shall conform to the
definitions of the same terms in the Zoning Ordinance, Chapter 325, Section 325-3.
B. In addition to the definitions in Chapter 325, the following words and terms, when used in
this ordinance, shall have the following meanings:
Affordable Housing: In the case of dwelling units for sale, housing in which the principal, interest,
taxes, insurance, and condominium or association fees, if any, constitute no more than 37 percent of
gross annual family income for a household of the size that may occupy the unit in question,
assuming a down-payment of no more than 5%. In the case of dwelling units for rent, housing for
which combined rent and utility costs do not exceed the maximum amount allowed under the U.S.
Department of Housing and Urban Development’s HOME program.
Affordable Housing Development Agreement: a written agreement between an applicant to
develop an Affordable Housing Development, as defined in this ordinance, and the City of Ithaca,
containing specific requirements to ensure the continuing affordability of housing included in the
development.
Affordable Housing Unit: any dwelling unit subject to covenants or restrictions requiring such
unit to be sold at prices preserving them as Affordable Housing for a period of at least 15 years,
or rented at prices preserving them as Affordable Housing for a period of at least 50 years.
Affordable Housing Development: any housing subsidized by the federal or state government,
including Low Income Housing Tax Credit projects; or any housing or mixed-use development in
which Affordable Housing Units are included pursuant to this ordinance.
Affordable Housing Development Plan: a plan prepared and submitted by an applicant who
proposes to develop an Affordable Housing Development, outlining and specifying the
proposed project’s compliance with the applicable requirements of this ordinance.
Affordable Housing Trust Fund: the fund created by the City of Ithaca pursuant to Chapter 62 of
the Municipal Code and referenced in Section 10 of this ordinance.
Certificate of Affordable Housing Compliance: the certificate issued by the Department of
Planning, Building, Zoning, and Economic Development that provides legal assurance that a
developer’s obligations under this ordinance are being satisfied.
High HOME Rent: as calculated and published annually by the U.S. Department of Housing
and Urban Development, the maximum cost of combined rent and utilities that is affordable to a
household earning 60% of the area median family income.
Low HOME Rent: as calculated and published annually by the U.S. Department of Housing
and Urban Development, the maximum cost of combined rent and utilities that is affordable to a
household earning 50% of the area median family income.
Median Family Income: the median family income level for the Ithaca Metropolitan Statistical
Area, as established and defined in the annual schedule published by the Secretary of the U.S.
Department of Housing and Urban Development, adjusted for household size.
Renovation: physical improvement that adds to the value of real property, but that excludes
painting, ordinary repairs, and normal maintenance.
Section 3. Scope of Application; Density Bonus
A. Any of the following types of development that result in, or contain, one or more Residential
Dwelling Units and include sufficient numbers of Affordable Housing Units to constitute an
Affordable Housing Development as determined by the calculation in paragraph 3.B. of this
ordinance may elect to pursue designation as an Affordable Housing Development:
(1) New residential construction, regardless of the type of dwelling unit
(2) New mixed-use development with a residential component
(3) Renovation of a multiple-family residential structure that increases the number of
residential units from the number of units in the original structure
(4) Conversion of an existing single-family residential structure to a multiple-family
residential structure
(5) Change of use of an existing building from nonresidential to residential
(6) Change of use of a rental residential property to a condominium property.
B. The minimum number of Affordable Housing Units that must be included for any development
listed in Section 3.A. of this ordinance to qualify as an Affordable Housing Development shall be
calculated as follows:
(1) for for-sale units, the greater of one unit or 15% of the total number of proposed Residential
Dwelling Units. If this calculation results in a fraction, a fraction of 0.5 or more shall be rounded up
to the next higher whole number, and a fraction of less than 0.5 shall be rounded down to the next
lower whole number.
(2) for for-rent units, either:
(a) the greater of one unit or 15% of the total number of proposed Residential Dwelling Units,
rounded as indicated above, with rents set at levels that do not exceed the High HOME Rent for the
appropriate unit size, as published annually by the U.S. Department of Housing and Urban
Development, or
(b) the greater of one unit or 10% of the total number of proposed Residential Dwelling Units,
rounded as indicated above, with rents set at levels that do not exceed the Low HOME Rent for the
appropriate unit size, as published annually by the U.S. Department of Housing and Urban
Development.
C. Any Affordable Housing Development as defined in this ordinance shall be entitled to receive
the following incentives:
(1) Elimination of minimum parking requirements.
(2) For projects within the Waterfront Mixed Use, Urban Mixed Use, or Enterprise zones, as
identified on the Comprehensive Plan’s Future Land Use Map, a density bonus of one full story in
height. Any such increase will be granted as of right and will not require review by the Board of
Zoning Appeals of the Ithaca Landmarks Preservation Commission.
(3) Any Affordable Housing Development, as defined in this ordinance, that is located in a zone for
which Design Standards have been published by the City of Ithaca and that has been determined by
the Director of Planning and Development to be in compliance with those Design Standards, shall
be exempt from site plan review. Environmental review requirements continue to apply.
Except as noted above, all aspects of any Affordable Housing Development remain subject to the
normal review and approval requirements of the BZA, the Ithaca Landmarks Preservation
Commission, the Planning Board, and of all other applicable City Boards, Commissions, and
Departments.
Section 4. Cash Payment in Lieu of Housing Units
A. The applicant may elect to make a cash payment in lieu of constructing some or all of the
Affordable Housing Units required for the project to constitute an Affordable Housing
Development.
B. The City of Ithaca Common Council shall establish the in-lieu per-unit cash payment on written
recommendation by the Director of Planning and Development and adopt it as part of the City of
Ithaca’s schedule of fees. The per-unit amount shall be based on an estimate of the amount of local
government subsidy required to create one new Affordable Housing Unit when other public
funding and/or Low Income Housing Tax Credits are leveraged. The initial amount of this fee is
$100,000 per unit. At least once every three years, the Common Council shall, with the written
recommendation of the Director of Planning and Development, review the per-unit payment and
amend the schedule of fees as needed to reflect changes in the cost of construction within the City
of Ithaca.
C. For the purposes of determining the total in-lieu payment, the per-unit amount established by the
Common Council pursuant to paragraph (1) above shall be multiplied by the greater of one or 20
percent of the number of units proposed in the development. For the purposes of such calculation, if
20 percent of the number of proposed units results in a fraction, the fraction shall not be rounded up
or down. If the cash payment is in lieu of providing less than the full number of required Affordable
Housing Units, the calculation shall be prorated.
D. The full in-lieu cash payment must be received by the City prior to issuance of a
building permit for the project.
E. All in-lieu cash payments received pursuant to this ordinance shall be deposited directly into
the Affordable Housing Trust Fund established pursuant to Section 10 below, and will be used to
support the construction of Affordable Housing Units within the City.
Section 5. Provision of Affordable Units Off-Site
A. Applicants may elect to provide all, or a portion of, the required number of Affordable
Housing Units off-site, provided the proposed location of the off-site units is within one
half mile of the Affordable Housing Development.
B. The provision of off-site units may be accomplished by the construction of new units,
or by the conversion of existing market-rate rental units to Affordable Housing Units. In
either case, the off-site units must be, or must be renovated to be, comparable in size,
type, and quality to the market-rate units in the Affordable Housing Development.
C. If the applicant elects to provide the required Affordable Housing Units by the
conversion of existing market-rate rental units, the applicant will be required to provide a
third party Capital Needs Assessment, and to capitalize, and make annual contributions to,
an appropriate replacement reserve to ensure the long-term availability and quality of the
existing units.
D. No Certificate of Occupancy will be issued for the Affordable Housing Development
until the construction or renovation of all off-site units has been completed and a
Certificate of Affordable Housing Compliance has been issued.
Section 6. Criteria for Integration and Character of Affordable Housing Units
A. An Affordable Housing Development shall comply with the following criteria:
(1) In the case of on-site development of Affordable Housing Units in an Affordable Housing
Development, those units shall be mixed with, and not clustered together or segregated in any way
from, market-rate units.
(2) If the Affordable Housing Development Plan, described in Section 7 below, contains a phasing
plan, the phasing plan shall provide for the development of Affordable Housing Units concurrently
with the market-rate units. No phasing plan shall provide that the Affordable Housing Units are
the last units built in an Affordable Housing Development.
(3) The exterior appearance of Affordable Housing Units in an Affordable Housing
Development shall be made similar to market-rate units by the provision of building materials
and finishes substantially the same in type and quality.
(4) The floor area of a typical Affordable Housing Unit in an Affordable Housing
Development must be no less than 80% of the floor area of a typical market-rate unit of the
same type. The bedroom mix for Affordable Housing Units must be comparable to the
bedroom mix of market-rate units within the Affordable Housing Development.
Section 7. Application and Affordable Housing Development Plan
A. Applicants to develop an Affordable Housing Development pursuant to this ordinance shall
complete and file an application on the prescribed form with the Department of Planning, Building,
Zoning, and Economic Development. The application shall require such information on the nature
and the scope of the development as the City of Ithaca may determine is necessary to properly
evaluate the proposal.
B. As part of the application required above, the applicant shall provide to the City of Ithaca an
Affordable Housing Development Plan. This plan shall be subject to approval by the City of
Ithaca and shall be incorporated into the Affordable Housing Development Agreement pursuant to
Section 8 below. An Affordable Housing Development Plan is not required for developments in
which the affordable housing obligation is satisfied by a cash payment in lieu of construction of
Affordable Housing Units. The Affordable Housing Development Plan shall contain, at a
minimum, the following information concerning the development:
(1) A general description of the development, including whether the development will contain
units for rent or for sale
(2) The total number of market-rate units and Affordable Housing Units
(3) The number of bedrooms in each market-rate unit and each Affordable Housing Unit
(4) The square footage of each market-rate unit and of each Affordable Housing Unit measured
from the interior walls of the unit and including heated and unheated areas
(5) The location in the development of each market-rate and Affordable Housing Unit, or the
proposed off-site location of the Affordable Housing Units if the off-site option is selected
(6) If construction of dwelling units is to be phased, a phasing plan stating the number of market-
rate and Affordable Housing Units in each phase
(7) The estimated monthly rent of each market-rate unit and each Affordable Housing Unit
(8) Documentation and plans regarding the exterior appearance, materials, and finishes of the
Affordable Housing Development and each of its individual units, including a third party Capital
Needs Assessment for any off-site market-rate rental units proposed for conversion to Affordable
Housing Units
(9) The marketing plan that the applicant proposes to implement to promote the sale or rental of
the Affordable Housing Units to eligible households
(10) If the applicant intends to partner with another agency or organization for the management of
the Affordable Housing Units, a letter of intent from this partnering organization must be attached
Section 8. Affordable Housing Development Agreement
A. Prior to the issuance of a building permit for any units in an Affordable Housing Development,
the applicant shall enter into an Affordable Housing Development Agreement with the City of
Ithaca. The development agreement shall set forth the commitments and obligations of the City
and the applicant, including, as necessary, cash in-lieu payments and replacement reserve
requirements for any off-site conversion units, and shall incorporate, among other things, the
approved Affordable Housing Plan.
B. The applicant shall execute any and all documents deemed necessary by the City in a form
to be established by the City Attorney, including, without limitation, restrictive covenants, deed
restrictions, and related instruments (including income qualification requirements for tenants of
for-rent units) to ensure the continued affordability of the Affordable Housing Units in
accordance with this ordinance.
C. Restrictive covenants or deed restrictions required for Affordable Housing Units shall specify
that the title to the subject property may be transferred only with the written approval of the
Director of Planning and Development, which approval may not be withheld unless the proposed
transfer would result in a violation of the affordability requirements of this ordinance.
Section 9. Enforcement of Affordable Housing Development Agreement; Affordability
Controls
A. The Director of Planning and Development shall promulgate rules as necessary to implement
this ordinance.
B. No Certificate of Occupancy or Certificate of Compliance for any unit in an Affordable
Housing Development shall be granted unless and until a Certificate of Affordable Housing
Compliance has been issued by the Department of Planning, Building, Zoning, and Economic
Development.
C. On an annual basis, the Director of Planning and Development shall publish or make available
copies of the U.S. Department of Housing and Urban Development family income limits and
HOME rental limits applicable to affordable housing within the local government’s jurisdiction.
D. For all sales of for-sale Affordable Housing Units, the parties to the transaction shall execute
and record such documentation as required by the Affordable Housing Development Agreement.
Such documentation shall include the provisions of this ordinance and shall provide, at a minimum,
each of the following:
(1) That the affordable housing unit be sold to and occupied by eligible households for a period of
15 years from the date of conveyance of the property. Eligible households must have gross
incomes that do not exceed 80 percent of the Median Family Income for households of the same
size within the Ithaca Metropolitan Statistical Area.
(2) That the Affordable Housing Unit must be conveyed subject to restrictions that shall maintain
the affordability of such Affordable Housing Units for eligible households.
(3) That should the property be sold prior to completion of the 15-year affordability period, the
affordability period shall re-set and a new 15-year term, also subject to this same re-set provision,
shall commence.
(4) That during the period of affordability, the maximum resale price of any for-sale affordable
unit shall be calculated using the worksheet below. The unit must be sold to an income-qualified
household.
1. Homeowner's Purchase Price $
2. Initial Appraised Value $
3. Percentage of Homeowner's Purchase Price to initial
Appraised Value (Divide line 1 by line 2)
4. Homebuyer's Initial Ownership Interest:
(multiply line 2 by line 3)
$
5. Appraised Value at time of resale $
6. Homeowner's Ownership Interest at Resale: (multiply line 5 by
line 3)
$
7. Preliminary increase in homeowner's ownership interest : (subtract
line 4 from line 6)
$
8. Capital Improvement Credit (see below) $
9. Final increase in homeowner's ownership interest: (subtract line 8 from
line 7; if negative, enter 0)
$
10. Maximum annual amount of homeowner's ownership interest: (multiply
line 4 by .02 or 2%)
$
11. Homeowner's Maximum Share of Increase in
Ownership Interest: (Multiply line 10 by the number of years that the
homeowner owned the home, using the decimal .08 to represent each full
month of an incomplete year)
$
12. Maximum Resale Price:
(add lines 1, 8, and the lesser of lines 9 and 11)
$
13 Homeowner's Share of Appreciation at Sale: (subtract line 4 from
line 12)
$
(a) The Capital Improvement Credit shall be capped at the lesser of the difference between the
pre-construction appraised value and the post-construction appraised value of the dwelling, and
the maximum amount that can be added to the chart above while allowing the resale to remain
affordable to an eligible purchaser, in compliance with the affordability requirements of this
ordinance.
E. In the case of for-rent Affordable Housing Units, the owner of the Affordable Housing
Development shall execute and record such documents as required by the Affordable Housing
Development Agreement. Such documents shall include the provisions of this ordinance and shall
provide, at a minimum, each of the following:
(1) The Affordable Housing Units shall be leased to and occupied by eligible households. Eligible
households must have gross incomes that do not exceed either 60 percent or 50 percent (as specified
in the Affordable Housing Development Agreement) of the Median Family Income for households
of the same size within the Ithaca Metropolitan Statistical Area.
(2) Households comprised solely of full-time students do not qualify as eligible households with the
following exceptions: at least one member of the household receives assistance under Title IV of
the Social Security Act; or at least one member is enrolled in a job training program receiving
assistance under the Work Force Investment Act or another similar federal, state, or local program;
or the household includes at least one single parent with minor children; or all adult members of the
household are married and can file joint tax returns; or at least one member of the household has
exited the foster care system.
(3) The Affordable Housing Units shall be leased at a rate such that the combined cost of rent and
utilities does not exceed either the High HOME Rent or the Low HOME Rent (as specified in the
Affordable Housing Development Agreement) for a period of 50 years from the date of the initial
Certificate of Occupancy.
(4) Subleasing of Affordable Housing Units shall be prohibited without the express written
consent of the Director of Planning and Development, which consent may not be withheld unless
the proposed sub-lease would result in a violation of the affordability requirements of this
ordinance.
F. The applicant or his or her agent shall manage and operate the Affordable Housing
Development and shall submit an annual report to the City of Ithaca identifying which units in the
Affordable Housing Development are Affordable Housing Units, the combined monthly rent and
utilities cost, or sales cost, for each unit in the development, vacancy information for the prior
year, monthly income for tenants of each for-rent Affordable Housing Unit, and other information
as may be required by the City of Ithaca while ensuring the privacy of the tenants. The annual
report shall contain information sufficient to determine whether tenants of for-rent units qualify as
eligible households and whether for-sale units are affordable to, have been sold to, and are
occupied by, eligible households.
Section 10. Penalties for Non-compliance
A. The City of Ithaca or its designee will audit each Affordable Housing Development annually
for compliance with the approved Affordable Housing Development Agreement.
B. Should the annual audit reveal non-compliance with the approved Affordable Housing
Development Agreement, the applicant will immediately remedy the non-compliance as follows:
(1) In the case of for-rent housing units, the project owner shall convert to an
Affordable Housing Unit the first market-rate unit in the Affordable Housing Development that
becomes vacant after discovery of the non-compliance. Should the property owner repeatedly be
found in non-compliance, the City of Ithaca may require, at its sole option, that the property owner
pay the applicable cash in-lieu payment that would have been required for the project, plus interest at
the current federal short term interest rate plus 3%, accruing from the date of initial non-compliance.
(2) In the case of for-sale housing that is initially sold to an ineligible buyer, the applicant will pay
the applicable cash in-lieu payment that would have been required for the project, plus interest at a
rate of the current federal short term interest rate plus 3%, accruing from the date of approval of the
Affordable Housing Development Plan.
(3) In the case of for-sale housing that is sold by an income eligible owner to an ineligible buyer, the
seller will pay to the City of Ithaca the difference between the net proceeds of the sale, as evidenced
by the closing statement, and the Maximum Resale Price calculated using the worksheet in Section
9.D.(4) above. These funds will be deposited into the Affordable Housing Trust Fund created
pursuant to Section 10 of this ordinance.
(4) In the case of for-sale housing that is leased to another household in the absence of an approved
Hardship Exemption pursuant to Section 10.C. below, or is otherwise utilized in a manner not
consistent with the requirements of this ordinance, the violation shall be deemed an offense and shall
be punishable as provided in Chapter 1 of the Municipal Code, General Provisions, Article 1. Each
day’s continued breach shall constitute a separate additional violation. In addition, the City shall
have such other remedies as are provided by law to enforce the provisions of this ordinance.
C. Hardship Exemption for For-sale Units
The income-eligible purchaser of an affordable for-sale unit must occupy the property as their
principal residence. A one-time per owner exemption to this requirement, allowing the unit to be
leased, under certain circumstances, to another household whose income does not exceed 80% of the
Area Median Family Income, and at a rate such that combined rent and utility costs will not exceed
30% of the gross family income. These circumstances include:
(1) Job or military transfer more than sixty (60) miles outside Ithaca city limits
(2) Divorce resulting in an inability to pay the mortgage
(3) Job loss as a result of firing or layoff
(4) Major illness within the household resulting in financial hardship
(5) Relocation to obtain medical care outside the Ithaca area
(6) Inability to sell after good faith marketing effort
All hardship exemption requests must be supported by appropriate documentation and will be
granted solely at the discretion of the Director of Planning and Development.
Section 10. Affordable Housing Trust Fund
All funds generated as a result of activities under this ordinance will be deposited into the Affordable
Housing Trust Fund created pursuant to Chapter 62 of the Municipal Code and will be used to
stimulate and support the development of affordable housing in the City of Ithaca.
c) Waterfowl Ordinance
An Ordinance to Amend the Municipal Code of The City Of Ithaca, Chapter
164, Entitled “Dogs and Other Animals” To Prohibit the Feeding of
Waterfowl on City Property
Alderperson Brock asked whether the police department is aware that they
are on board with it.
Alderperson Martell stated she would connect with the police department,
and JoAnn Cornish will look into whether the proposed ordinance was seen
by the city attorney.
Alderperson Kerslick asked for a definition of hazing.
Alderperson Martell stated that hazing would include trained border
collies that are trained to scare the geese off the field.
Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed
unanimously.
WHEREAS, the City has been struggling with considerable human-wildlife
conflict resulting from a burgeoning geese population on habitable lands,
and
WHEREAS, the conflict between people and waterfowl is particularly
pronounced on the City’s playing fields and parklands where people like
to recreate, and
WHEREAS, feeding of waterfowl contributes to the concentration of such
birds in areas frequented by the public by encouraging birds to
congregate for food, and
WHEREAS, feeding of waterfowl can be detrimental to their health as
waterfowl can suffer from nutritional disorders, such as calcium
deficiencies and bone disease, as a result of the poor quality of food
like bread and corn that is typically fed to geese in public settings,
and
WHEREAS, feeding of waterfowl causes behavioral changes in the geese by
decreasing their fear of humans and encouraging to remain in locations
where public feeding is taking place, and
WHEREAS, the concentration of waterfowl can be destructive to lawns and
can interfere with the planned use of parklands, and the resultant
quantities of feces can create public health concerns and reduce the
aesthetic and recreational value of parks and other public property; now,
therefore,
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 164 of the Municipal Code of the City of Ithaca be amended
as follows:
Section 1. Chapter 164 of the Municipal Code is hereby amended to add a
new Article to be inserted as Article III, Waterfowl.
Section 2. Chapter 164, Article III is hereby amended to read as
follows:
Article 3: Waterfowl
§164-21 Applicability.
This article shall apply to all areas of the City of Ithaca.
§164-22 Definitions.
As used in this article, the following words shall have the meanings
indicated:
WATERFOWL
Members of any and all species of wild and domestic aquatic
birds, including but not limited to ducks, geese, and swan.
§164-23 Feeding prohibited.
It shall be unlawful to provide feed, including, but not limited to,
bread, corn, and other grains, to any waterfowl on public property. It
shall be unlawful to provide feed, including, but not limited to, bread,
corn, and other grains, to any waterfowl on private property without the
prior approval of the owner of such property.
§164-24 Enforcement; appearance ticket.
All police officers in the City shall administer and enforce the
provisions of this article and for such purpose shall have the
authority to issue appearance tickets.
§164-25 Penalties for offenses.
Except as provided in the Agriculture and Markets Law, a violation
of this article constitutes a civil offense punishable in accordance
with §1-1 of the City of Ithaca Municipal Code. These penalties
shall be in addition to any other penalties provided by law.
Section 3. Effective date. This ordinance shall take effect immediately
and in accordance with law upon publication of notices as provided in the
Ithaca City Charter.
7) Discussion
a) Community Investment Incentive Tax Abatement Program (CIITAP) – next steps
Alderperson Martell thanked Nels Bohn for the well‐written memo outlining the status of
this program.
Alderperson Brock asked what happens when the developer applies for certain year
abatement, but the project grows further than the application.
Nels Bohn responded it would be the base plus the 1% of the project value.
A meeting has been scheduled with a development group on March 18, 2016 as to how they
feel this program will work.
b) Backyard Chickens
This was brought back to the Committee from last month removing the Building Division as
the enforcement of the ordinance. It’s too much to ask of the building inspectors.
It was decided that rather than a registration, it should be a permit.
ORDINANCE __-2015
An Ordinance Amending Chapter 164 of the City of Ithaca Municipal Code
WHEREAS, Chapter 164 of the City of Ithaca Municipal Code prohibits the keeping of
chickens in the City, and;
WHEREAS, the City has received requests from citizens to allow chickens in backyard
coops and there is an active backyard chicken movement within the City, and;
WHEREAS, chicken keeping is part of a larger sustainability trend to allow citizens to grow
their own foods – including fruits, vegetables and honey production – by reducing barriers,
which restrict local food production. These sustainability trends are congruent with the
City’s Comprehensive Plan goals, such as support for our community gardens and active
living initiatives, and;
WHEREAS, the Common Council desires to enable the keeping of backyard chickens in the
City; now therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that backyard chickens, if properly
maintained, can prove a positive initiative for the City, promoting food sustainability,
increasing animal welfare and providing fresh eggs free from pesticides and chemicals,
without presenting a nuisance to neighboring residents or properties.
Section 2. Amendments to Section 164-2(B).
Section 164-2(B) shall be amended to read as follows:
Exception. This section shall not apply to the keeping of chickens to the extent authorized
by Article III of this Chapter, nor to any educational, scientific or research institution
maintaining, with adequate safeguards as to public health, safety, comfort and convenience,
any animals or other creatures for scientific, medical or other research purposes.
Section 3. Amendments to Section 164-4
Section 164-4 shall be amended to read as follows:
Except as provided in the Agriculture and Markets Law, a violation of this article constitutes
a civil offense punishable in accordance with § 1-1 of the City of Ithaca Municipal Code
except that the unlawful keeping of chickens in the City shall be punishable as follows:
(a) $250 for the first violation:
(b) $500 for the second violation: and
(c) $750 for the third or subsequent violation.
These penalties shall be in addition to any other penalties provided by law.
Section 4. Creation of Article III to Chapter 164
An Article III of Chapter 164 is hereby created as follows:
Article III: Backyard Chickens
164-21: Definitions
Lot: As defined in section C-73(C)(1) of the City Charter.
Lot Square Footage: As defined in section C-73(C)(1) of the City Charter.
Property Class Code: As defined in section C-73(C)(1) of the City Charter.
Rear Yard: As defined in section 325-3 of the City Code.
164-22 Backyard Chickens
The prohibition against keeping chickens in this Chapter shall, during a two-year pilot
program that shall expire on May 1, 2018, not apply to up to twenty pilot applicants approved
for the keeping of up to four female chickens (hens) per 3,000 Square Foot Lot while the
animals are kept in such a manner that all requirements of this Article are satisfied.
Commented [AL1]: Using PCC's here will be very exact--which
is good--but recognize that various PCC-classified single- and two-
family homes do house 3+ families (and perfectly legally so).
164-23: Requirements for Keeping Chickens
A. Chickens may only be kept on those Lots with a Property Class Code of 210, 215,
220, 240, 250, or substantially identical successor designations.
B. Chickens may only be kept on those Lots possessing a Lot Square Footage of not less
than 3,000 square feet.
C. No chicken facility or any structure that houses chickens or any fenced pen area,
either temporarily or permanently, shall be located within any of the following
prohibited areas:
1. Within the setback requirements of the zone in which it is located;
2. Within twenty feet of any adjacent Lot’s residential principal structure or accessory
structure that contains a residential unit, or within five feet of any principal
structure on the Lot housing the chickens; and
3. Within five feet from any abutting residential property line, unless the adjacent
owner agrees in writing to a lesser setback.
D. Chickens may only be kept by a domiciliary of a dwelling unit located on the Lot on
which the chickens are kept.
E. Chickens must be kept in and confined in a properly designed and constructed coop or
chicken house, or a fenced and covered enclosure that is at least 4 square feet per
chicken in size, which additionally includes a run. Each covered coop and run
combined shall be located in, and shall not cover more than 50% of, the Rear Yard of
the Lot.
F. It shall be unlawful for any person to allow hens to run at large upon the streets, alleys
or other public places of the City, or upon the property of any other person.
G. During daylight hours the adult chickens shall have access to the chicken coop and,
weather permitting, shall have access to an outdoor enclosure on the subject property,
adequately fenced to contain the chickens and to prevent access to the chickens by
dogs and other predators.
H. Chicken feed must be in rodent resistant and weather proof containers.
I. A chicken coop, and the premises where the chicken coop is located, shall be
maintained in a condition such that the facility or chickens do not produce noise or
odor that creates a nuisance for adjoining Lots and the responsible domiciliary and the
owner shall remove any odorous or unsanitary condition. The Lot owner shall be
responsible for the repair on any adjoining Lot of any damage caused by the chickens,
including but not limited to damage to dwellings, structures and yards, and shall be
responsible for any unsafe condition.
J. The person keeping the chickens shall abide by all Solid Waste Storage and
Collection standards of the City's Exterior Property Maintenance Code, §331-7.
K. Roosters and Guinea Fowl are expressly prohibited, regardless of the age or maturity
of the bird.
L. Pilot registration pursuant to Section 164-24 is required for the keeping of chickens.
M. Approved pilot registrants must complete a seminar regarding the care of chickens in
an urban environment from the Cornell Cooperative Extension Office, or similarly
qualified organization acceptable to the Clerk’s Office.
Commented [AL2]: Using PCC's here will be very exact--which
is good--but recognize that note that various PCC-classified single-
and two-family homes do house 3+multiple families (and perfectly
legally so).
Commented [AL3]: For definitions, see
http://www.tax.ny.gov/research/property/assess/manuals/prclas.htm#
residential.
Commented [AL4]: This means it must be their primary
residence…
164-24: Pilot Registration Process and Parameters.
A. No more than twenty pilot registrations for the keeping of chickens shall be approved
under this Article III.
B. Registration shall take place at the City of Ithaca Clerk’s Office upon submission of a
$35 registration fee, and verification of a completed chicken-keeping seminar.
C. The City Clerk may revoke registration for a specific site via written notice to the
property owner when the City Clerk or designee finds, at his or her sole discretion,
that any requirements of this Article are not met, a rebuttable presumption of which
shall be created by (a) a record of three or more complaints to the Ithaca Police
Department about a specific site’s chickens, (b) on the recommendation of Cornell
Cooperative Extension, or (c) on the recommendation of the Ithaca Police
Department. Upon revocation, the City Clerk shall notify the owner in writing of the
same, in compliance with sub-section 164-25, and if the revocation stands, the owner
must remove the hens from the property in coordination with such assistance as may
be available from the Cornell Cooperative Extension Office, who may assist with
rehoming them.
D. The City Clerk and Police Department shall, at least three months prior to the
expiration of the pilot program, report to a Committee of the Common Council on the
status of the pilot program.
E. Should the pilot program not be extended after the two-year period, Cornell
Cooperative Extension Office may help rehome the hens in the program.
164-25: Remedies Not Exclusive.
The remedies provided by this Article are cumulative and not mutually exclusive and are in
addition to any other rights, remedies, and penalties available to the City under any other
provision of law.
A. Any chickens that are not kept as required in this Article shall be deemed a public
nuisance and the owner or custodian shall be given thirty days to rectify the
conditions creating the public nuisance. In any case in which the City intends to
correct a violation of this chapter, including removing and confiscating any chickens
present, and then bill the property owner for the correction of the violation, the City
Clerk or his/her designee shall notify the owner of the property and, where relevant,
the registered agent who has assumed responsibility as outlined in § 178-5 of this
Code, in writing, of any violation of this chapter.
B. Any notice required by this section shall be served in person or by mail to the address
appearing on the City tax roll, requiring such person, within a time specified in such
notice but in no event less than thirty days from the service or mailing thereof, to
comply with this chapter and to abate the nuisance and, as appropriate, to remove the
chickens. Such notice shall also state that the property owner may contest the finding
of the City Clerk by making a written request to have a hearing on the matter held at
the next regularly scheduled meeting of the Board of Public Works.
C. Any request for such a hearing must be mailed and postmarked or personally
delivered to the City Clerk within fourteen days of the service or mailing of notice,
and any such written request for a hearing shall automatically stay further
enforcement concerning the alleged violation pending such hearing. The decision of
the Board of Public Works, by majority vote, shall be binding, subject to any further
judicial review available to either the City or the property owner.
D. Upon the failure of a property owner to comply with the notice of violation of this
chapter (or, alternatively, to request a hearing as aforesaid within the time limit stated
in such notice, or upon a Board of Public Works’ determination, after such a hearing,
that a violation exists), the City Clerk shall refer the matter, by memorandum, to the
Superintendent of Public Works, who shall cause such premises to be put in such
condition as will comply and shall charge the cost thereof to the owner of said
premises, including a charge of 50% for supervision and administration. The
minimum charge to the property owner for such work shall be $50.
E. The City Chamberlain shall promptly present to the owner of any parcel so corrected
a bill rendered for such services, as certified by the Superintendent of Public Works.
If not paid within 30 days, the cost thereof shall be assessed against the property,
added to its tax and become a lien thereon, collectible in the same manner as
delinquent City taxes. Appeals from this section shall only be permitted if written
notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing
of the bill from the Chamberlain, and such appeals shall be taken to the Board of
Public Works.
Section 5. Severability. Severability is intended throughout and within the provisions
of this Ordinance. 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 6. Effective Date. This ordinance shall take effect immediately upon
publication as provided for in the City Charter.
8) Review and Approval of Minutes
a) February 2016 – Moved by Alderperson Nguyen with suggested minor revisions; seconded
by Alderperson Kerslick. Unanimously approved.
9) Adjournment
Moved by Alderperson Kerslick; seconded by Alderperson Nguyen. Carried unanimously. The
meeting was adjourned at 9:05 p.m.