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01-22-2003 Planning & Economic Dev. Committee Meeting Agenda
MEETING NOTICE City of Ithaca Planning& Economic Development Committee Wednesday,January 22,2003 Common Council Chambers City Hall-- 108 East Green Street 7:30 p.m Agenda A. Agenda Review B. Public Comment and Response Dialogue- CAN-DO and Committee Members 10 minutes C. Reports - Committee Members, Chair, Mayor, Planning Director D. Issues 1. Acceptance of Public Art Donation (materials enclosed) 10 minutes 2. Collegetown Parking Overlay Zone (materials enclosed) 10 minutes 3. Exterior Property Maintenance Ordinance Changes (materials enclosed) 15 minutes 4. Community Development Block Grant(CDBG) Application for 2003 15 minutes (materials enclosed) 5. Cayuga Green Project Issues - Resolutions (materials enclosed) 1 hour 30 minutes A. Lot D Conveyance to Ithaca Urban Renewal Agency (IURA) B. Zoning • Lot D Zoning • Green Street Parking Garage Site Zoning 6. Possible Motion to Enter into Executive Session - To discuss possible property acquisition 7. Sign Ordinance - Resolutions (materials enclosed) 20 minutes E. Adjournment Questions about the agenda should be directed to Paulette Manos, Chairperson(273-4170)or to the appropriate staff person at the Department of Planning&Development(274-6550). Back-up material is available in the office of the Department of Planning&Development. Please note that the order of agenda items is tentative and subject to change. 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, January 21, 2003. ffic+oric Soce = Green Wek 'hroh Features: Historic Markers Pathways Benches and Picnic Tables Community Garden Visual barrier from Rt 13 with plantings and berms A visually open "safe" Design Lighting Entrance Gate Trees and Shrubs Fencing Shade Trellis Park Co mmi+fee: The Community will form a "Park Committee"with members in charge of Solicitating Materials and Donations Recruiting Volunteer Labor Fundraising Community-built Construction Planning Community Outreach Working with the City Resources and Con+ac+s: Community members already have contacts for various materials and labor sources: Local Businesses Local Nursuries Local Contractors Grant Writers Community-built Construction Leaders Local Artists Master Gardeners Designers r7 ic 'oric Soü+hcJe 54. Green Wk+hro u,gh 44 44**14 ■ , - ■1101: %. , f Fri -'-'-',, '' • . ,-lir' . .0 4 r, . "411. '• ' 4$111114P.4' 411114.0„rill .!.-0..willar. .,,L . ,;.;.••I - •"-elf;\ :- .: - . ‘,. ... ittri_,_„#1 ,1.....1„..„, __ _____._ ___________ _______ ...- - .„,4• ,, i . ._.;:v.., Iv I p 0 r;it ---7 '•'• Vj f..-,r,"-% iiiiiaz.... • ik LP , -N,.. llik\I ! 19 1..'. ,--....0 . I 1 N\ I • . .,..,,■_ . 1 1 -- -:;; C,%:::;)". ' ( , /1 4 . . 4., 11 *': -.OP.. . ; 41. •,„ti. : . . ilk 4 .., -., .',... •-• 1 ( , .7 ,',f 4,4 al f, $111 . Or-. 1 tallg' ' Cet411 ..4 0 i -----' k „z,,,,,,,,.,.'.e.„...pLiv,--pi4 / ..,_ ... , "II"' AO,' Pt" i iir.„.....„.• .. ---' -1 .\--(3:".°) .,..-. _ Ak .4j,•:'" ' • .' illY ' 9 Cr . " "'-71 I et*-.r .,I r..l°.M."..°1"11.164"'' 11 I I/ ':: s--. I 7 k ,r:-a 5.x-i iv.2. 1 ' am . 4.-- , i eimim, li ' J .,_, --- --_______ _. t_ 1', 'k.- lop ., ..1.1.111Y, ,,,,,i,,,, pa .. _________ _ _ , ________._ . ______„___________„,.. .... HISFDRIC 5°11ifiSIDE qgem 41.40c9RoLy-i 1 . ____- r T '• January 17, 2003 RESOLUTION PERTAINING TO THE ACCEPTANCE OF SCULPTURE ART WHEREAS NYSEG, working in conjunction with the Ithaca Downtown Partnership, has offered to purchase a piece of sculpture art from the 2002 "Art in the Heart of the City" sculpture exhibition and donate it to the City; and WHEREAS the identified piece of art is entitled"Businessman in Touch with Nature"by artist Cherry Rahn; and WHEREAS the artist will recast the piece in bronze at a size of 36-40 inches for secure outdoor display; and p,I, WHEREAS NYSEG and the Ithaca Downtown Partnershi additional funds for installation and a permanent plaque; and WHEREAS the acquisition and installation outdoor public art represents an important downtown goal for the Ithaca Downtown Partnership and the City of Ithaca; and WHEREAS outdoor sculpture art enlivens public spaces, enhances the pedestrian experience and serves to beautify and uplift the downtown district; and WHEREAS The City of Ithaca Public Arts Commission has formally recommended acceptance of this donation of sculpture art for display in downtown at their meeting of January 14, 2003: THEREFORE BE IT RESOLVED 1. That the City of Ithaca does hereby accept the donation of"Businessman in Touch with Nature", and 2. That this donation be formalized with a document between the City, the Ithaca Downtown Partnership and NYSEG that summarizes the City, donor, and artist's rights and obligations pertaining to the acceptance of donated art. This document will make use of existing language and Terms utilized in the prior two sculpture donations already approved by Common Council. 3. A site for the piece will be determined by the City of Ithaca in consultation with Public Arts Commission and the City Public Works and Planning Departments. 'fit't; :.1 i'II�+I it- ••a t'.\r +*.wAA jilt - S'It,',4'3-0, ,,;.*. .'." All you love art,come visit beautiful Downtown _,r Ithaca. `Art in the Heart of the fi t•z�; . M `\�` '' '' g ' 1 mss,.`. .,...rt♦ ,i :.7r>'S;. J^'',0000. �• y \ l!i , City now in its third year,runs from June d�► • . 15 through December 9 2002. Twenty-nine sculptures by sixteen artists 'v ��"` � �• — Y P Y �� d��, .� located in the heart of beautiful downtown Ithaca. Come and enjoy public art at its ���,�, j�j• `e finest. Discover the incredible variety of 0 ,f.4 rb public sculpture art,from representational ' "i` figures to abstract forms in stone,steel, - bronze and wood. Local and regional W7 ,':" "` - \�';: sculptors showcase their work on and around the award winning Ithaca Commons,one of America's few remaining downtown pedestrian malls. , �:...- , \ Pieces are also located at the Clinton House visitor ! - information center,the new Tompkins County Public 1� 1k..f �"°�+ - - Library,City Hall,Holiday Inn,and the Women's ! • f" ` ' Community Building. 1( --- ' ► A rhi ll pieces are for sale.Two-hour free parking is available " 13 '" j in downtown at all City owned garages. ~� �� Periodic tours and artist workshops 11 ® -`"""'�"°��"r" I� will be held summer and fall 2002. 'IA 0 il Nr r; J ti S MO Air . . r 4111P .i 1 , 7--., , iS.,"1'1,11 .'i i ' . I` t��- \ +, fl i y e 1 1111 T. l { I ,8 Call j i (607) 277-8679 h w scu 1 to r a ca n m ` and transform the urban landscape. ,.. for details. m m ATIV'›„ � 4" w �,� Buffalo St. T V NY i 1 ..: Art in the Women's R DeWitt Mall y PARKING a heart o the w�®' � � G r Seneca St. m O 6 Clinton House M&T Bank ®© NYSEG supports the arts because serving our Challenge drti ® Industries Handwork community goes beyond delivering energy. W.State St. ©0 0 0 0 ITHACA COMMONS 0 0 0 0 E.State St. 0 At NYSEG we're honored to play a part. ! / / m l/l (/I, /I, c/f •( cD M m www.nyssg.00m . / City Hall / /V , ( I /1( // isi i" ■ Green St. :. y,�y� �{+: le,0 0 0 0 a Downtown Ithaca's PARKING ii.„ 0 0 0 Library N the le" Outdoor Public Holiday Inn P ' 1e'l ] I F. Sculpture Exhibition ,'1';‘.'-:::.Pros, St. A,f f , , J u n c. 9, 200_ 1 G - 0 Cornerstones •Split Pepper* ®Aging ®Arbor w ��"P Philippe Faraut Julie Kelsey Jane Dennis Philip Donovan /4..i. rr r PP Y P '� 11" Pink Marble,$19,000 Foam&Plaster Mixed Media,$1,200 Mixed Wood,Copper ` /r r $2,800 $5,000 1, 4. , `A i 0 ; .-':''.' ®Mandala of Union 0 Turtle Storm ,if '" I a T r I Teresa Howley 0 A Quiet Storm Daniel McPheeters ®Copper Post ! , l r i . a Bronze&Wood Julie Kelsey Glass,$500 Phillip Donovan y,` i •' '^�"" I \ , 4"c , 1r a $5,000 Corn Fibers&Wire Mixed Media,$2,000 ' -- ®Child of Senegal s a � Standing Red Pepper* $900 Philippe Faraut Jack** ' • g pp PP ®I v IS ,, ;: Julie Kelsey ®Because Mixed Media,$12,000 Phillip Donovan �. L~ = t Foam&Plaster,$2,500 Derrick Meads Mixed Media,$5,000 Forest Watcher d '• ",t Steel&Paper,$3,000 ® (arriving in August) • It .-,,,�r • }`f f 0 Muse Daniel McPheeters Erin Lareau m Businessman Ferro Cement,$750 0 Song of Innocence** ' t �� ,�s { f�F Mixed Media,$3,600 in Touch with Nature Christi Harrington ' g •L:'..,. `r„iir Hand in Heart ir 4 r trl Cherry Rahn ® Bronze,not for sale �r "- ,: t r iie®Harlequin Pepper* Nancy Azara Bronze,$2,300 i f Julie Kelsey Bronze&Goldleaf ®Alchemical Marriage** �. �" ,� c� i:g'* Foam&Plaster ®Keyhole Falls $7,500 Teresa Howley w '7r�, $2,500 Rob Licht Bronze,not for sale 150 y ,` ` Painted Steel,$6,500 ®Moment of Flight ,,,,_, I ®Reclining Pepper* JanieDarovskikh 0 Ponder** ''" Julie Kelsey ®Ocean Dune Bronze,$1,000 James Knittle . Foam&Plaster Ben Sherman Steel,$11,500 V. ®Pillar Burst wuell�vJ is honored to be a major sponsor. $2,300 Steel,$8,900 ---1-----• I ; F Daniel McPheeters ®Merge** ®Snowdrop,First •Train of Souls Ferro Cement,$750 Ethan Stern Also brought to you by Community Arts Partnership Flower of Spring Ben Sherman Steel,not for sale of Tompkins County,NYS Council on the Arts, I Janie Darovskikh Steel&Wood,$11,500 ®Woodland Sentinel Tompkins County Strategic Tourism Planning Board, Daniel McPheeters Bronze,$2,500 and the City of Ithaca. Ferro Cement,$500 f — . . *Price for all 4 Peppers is$9,000 **Photo unavailable Organized bye � 1 4 :. • ..,:. WNT NPARTNERSHIP ' CITY OF ITHACA As f ', 108 East Green Street— 3rd Floor Ithaca, New York 14850-5690 VI l_f=_T=_T_1(!I f T T_-11 77 e DEPARTMENT OF PLANNING AND DEVELOPMENT H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: Members of the Planning Committee FROM: Leslie A. Chatterton,Neighborhood Planner &a- RE: Collegetown Parking Overlay Zone DATE: January 16, 2003 While preparing to amend the City Zoning Map to reflect Common Council's approval of the Collegetown Parking Overlay Zone, (CPOZ), several errors in the legal narrative description of the CPOZ boundary were discovered. These include: • failure to accurately describe the boundary of parcel 63.-1-1 so as to make it clear that this parcel is included in the overlay zone • a reference to a nonexistent parcel 83.-2-15 that should have been referred to as parcel 89.-5-15 • a mistaken reference to parcel 83.-2-1 which should be 89.-3-1 • a reference to parcel 89.-3-4 which is one parcel short of the intended CPOZ boundary of 89.-3-5.1 A thorough review of the boundary description has prompted my suggestions for other non-substantive changes to clarify the description of the intended boundary. These suggested revisions, for example, shift the boundary so that it consistently follows property lines instead of sometimes following the street centerline. Other changes were made to clarify the description and edits for consistency. The following materials are attached for your review: • a clean copy of the amended description • a copy of the mapped CPOZ showing tax parcel numbers I have kept a copy of the original ordinance showing all the additions and deletions, however, the revisions are so extensive that the document doesn't have much value as a tool for comparing the original with the revised version. On the other hand, I can certainly make that available to you if you like. My objective in providing this information is for the Committee to schedule a public hearing prior to Council's adoption of the proposed amendments. I will attend January Planning Committee meeting to answer any other questions you may have. "An Equal Opportunity Employer with a commitment to workforce diversification." 0 ORDINANCE NO. -- An Ordinance Amending the Zoning Map, Section 325-5 of the City of Ithaca Municipal Code. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca,New York, as follows: Section 5. The Official Zoning Map of the city of Ithaca,New York of Chapter 325 entitle "Zoning" of the City of Ithaca Municipal Code is hereby amended as follows: The boundary description for the zoning district designation for portions of the certain tracts of land known as the Collegetown Parking Overlay Zone, CPOZ, shall be amended to concur with the officially adopted map entitled "Collegetown Parking Overlay Zone (CPOZ)" dated June, 2000. ORDINANCE NO. - AN ORDINANCE TO AMEND THE MUNICIPAL CODE AND THE OFFICAL ZONING MAP OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED "ZONING" TO CHANGE THE ZONING DESIGNATION OF CERTAIN AREAS OF THE CITY OF ITHACA IN AND AROUND COLLEGETOWN AND TO AMEND THE DISTRICT REGULATIONS FOR REQUIRED OFF-STREET PARKING. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Sections 325-4 and 325-5 of the Municipal Code of the City of Ithaca be amended to create a new overlay zone to be known as the Collegetown Parking Overlay Zone, (CPOZ) Section 5. The Official Zoning Map of the City of Ithaca,New York of Chapter 325 entitled"Zoning"of the City of Ithaca Municipal Code is hereby amended as follows: The zoning district designation for portions of the certain tracts of land shall now include an overlay zone Collegetown Parking Overlay Zone, CPOZ, as indicated on the map entitled "Collegetown Parking Overlay Zone (CPOZ)" dated June 2000. The tracts so affected are in an area bounded by a continuous line beginning at the southwest end of the Stewart Avenue bridge where it crosses Cascadilla Creek; thence proceeding in a westerly direction along the northern boundary of tax parcel 63-1-1 to the northwest corner of this parcel; thence continuing southerly following the westerly boundaries of tax parcels 63-1-1 through 63- 1-6, then crossing Osmun Place and continuing in a southerly direction following the westerly boundaries of tax parcels 63-10-3 through 63-10-5, then crossing East Buffalo Street and continuing to follow the westerly boundaries of tax parcels 63-11-3 through 63-11-8, then crossing East Seneca Street and continuing to follow the westerly boundaries of tax parcels 68-1- 2 through 68-1-8,which parcels front on Stewart Avenue, then continuing southerly across East State Street, then following the westerly boundary of tax parcel 68-10-1 to its southwest corner; thence continuing southeast along the southerly boundaries of tax parcels 68-10-1 and 68-10-2, q:\planning\projects\zoning\east hill\cpoz\cpozamen.doc then crossing Ferris Place and continuing to follow the southerly boundaries of tax parcels 68-9- 1 through 68-9-3, then crossing South Quarry Street to the northwesterly corner of tax parcel 83- 2-1; thence continuing south along the westerly boundary of 83-2-1 and 83-2-2; thence continuing in a southeasterly direction from tax parcel 83-2-2 through 83-2-14, 83-2-24.12, 83-2- 16.2, 83-2-17, 83-2-22,and 83-2-21 to its southeasterly corner and its intersection with Valentine Place, then crossing Valentine Place; thence continuing in a northeasterly direction to the southwest corner of tax parcel 89-3-14; thence continuing in a northeasterly direction following the westerly boundaries of tax parcels 89-3-14 and 89-3-15 on a northerly direction to the southwest corner of tax parcel 89-3-1; thence continuing in a southeasterly direction along the southern boundaries of tax parcels 89-3-1 through 89-3-5.1 which parcels front on East State Street; thence in a northeasterly direction along the easterly boundary of tax parcel 89-3-5.1 to its northeasterly corner and its intersection with East State Street; thence westerly along the northeasterly boundaries of tax parcels 89-3-5.1 through 89-3-1, then crossing Valentine Place and continuing along the northeasterly boundaries of tax parcels 83-2-19 through 83-2-24.12; thence northeasterly across East State Street to the southeast corner of tax parcel 83-3-6.1, then crossing Blair Street; thence continuing east along Mitchell Street following the southerly(street side)boundaries of tax parcels 83-4-5 and 83-4-4,then crossing College Avenue and continuing northeasterly along the southerly boundaries of tax parcel 83-6-3 and 83-6-2 and its intersection with Linden Avenue, then crossing Linden Avenue and continuing east to the southeast corner of tax parcel 84-1-1; thence continuing north following the eastern boundaries of tax parcels 84-1-1 and 67-3-18 to the southeast corner of tax parcel 67-3-31,which parcels front on Linden Avenue; thence proceeding east along the southern boundary of tax parcel 67-3-3 to the southeast corner of that parcel and its intersection with Delaware Avenue; thence continuing north along Delaware Avenue following the eastern boundaries of tax parcels 67-3-3 and 67-3-2 to the northeast corner of tax parcel 67-3-2 and its intersection with Bryant Avenue, then crossing Bryant Avenue the southwest corner of tax parcel 64-8-11 and its intersection with Harvard Place; thence easterly along Harvard Place following the southerly boundaries of tax parcels 64- 8-11 to the southeast corner of tax parcel 64-8-9,which parcels front on Harvard Place; thence north following the easterly boundaries of tax parcel 64-8-9 and 64-8-5, then crossing Dryden Road in a northwesterly direction to the southwest corner of tax parcel 64-2-13; thence continuing easterly along Dryden Road following the southerly boundary of tax parcel 64-2-13 to its southeast corner and its intersection with Elmwood Avenue; thence continuing north along Elmwood Avenue following the easterly boundary of tax parcel 64-2-13; thence westerly along the northern boundary of tax parcel 64-2-13 such that tax parcel 64-2-13 is wholly included in the CPOZ; thence continuing north following the easterly boundaries of tax parcels 64-2-14 and 64-2-15, to the northeast corner of tax parcel 64-2-8,which parcels front on Summit Street, then continuing north across Oak Avenue, and continuing to its intersection with the center line of Cascadilla Creek; thence continuing westerly along the center line of Cascadilla Creek to the southwest end of the Stewart Avenue bridge, the point and place of beginning. Section 6. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. Section 7. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. q:\planning\projects\zoning\east hill\cpoz\cpozamen.doc College Parking Overlay Zone Z(CPO ------3-----1_ - ----- ___ _ _ ) t _ 47 3 6 9, 31 1 4 31 1 10 48 4 5 3i 1 5 11 1G 411 411 1 48 1 7 g 31 1 2 _----- EOGEMOOR i 744E 2 48 411'2 \ 31 5 B _ - 31 1 9 48 4 17 31 1 1 2 63 1 1 2)0'4 al t,7 61 2 6 61 1 3 /1 63 2 2 6323 -4'‘`'6-;-(i\ 63 2 7 63 2 /... 3 9,4 _ ' 6.7/63 3 1 11\0 i7 -------- -- 63 1 h.'----6n63 4 2 - 9'4 0 =-_,A.D _L 64 1 I GI 1 2 64 1 4 1 rkf , 62 2 7 !_3■21.1iI0 4,,,16 63 2 6763 in3 353 4 5)4 41 A 3 v7100,A576 sTREET _ -_ 1 1 1113 8-I 013-812-1-11;-613 1315-11916-8.11" 1668901:3-8" osmt111 Br, ,to 3d3,o23 10'3 63 8 24 \ 63 5 1 ID 11•14/. rt. (D-- _64 2 2 2 3 2 2 4,4 2 5 __.-----(D-----1 p __-:,('-'11---232 i 64 2 24 1 \ 1 11 l' ',1 1_1 1 1\1$1K----63 SG'3-----5 7 ...14,.,.) ••••/ ”1 84 2 37 1 ' 1 63 820 1 1 i I 63 8 13 63 1 •61.10 t1 ' V 8/2,3 8 21 63 8 193 eg 0,e 16 8 15— 6)___3 87,2;6 D'6 3%, _ ,63 5,2 24,‘ 8.,40-___L■41_13„5 3c i 64642 2294,30, 64 2 8'i '',„, Gii,2 161662,43 2 22 1 71 220_ I 66:227: 64;15 6429 1 .3 643 7 13 61 10 6 f!,10 G T 8 231 I I I_L_LLI 16_1-1" 83A-21 L ° V 51M. 1 y-,1 64 2 28C'1 L__i 1 1 164 2 19 64 2 C/1) 1 / STREET 63 6 24 64 2 II 9 E BUFFALO 1'1 64 J El• 1—Th 1-641,,4--,0', 1- 1-1, th -- — 63 7 23 7 3 63 6123 63 6 4 I tz 63 6 113 6 2'2 64 10 1 3 1_,3_,0 1012 0634_1___,0 5 61_9 9614 9, \ . 64 1 13 8364 64_10 21 , 6 9 10 3 4,2 3 51 11 153 1.113,"1 63 9 1 63 7 1 63 7 4 1"4' 64 8 1 64 8 3 1-- 1 64 61 11 5 2 64 10 20 1 - 1 1 1 7613411 G 63 9 G 1 24 1 1 1 -1- in 63 620 325 5 i 8 –r-----1--- 64 0-19 6'1410C1-81 r) 84 9 6 .4, 0375 - -----1"11 5479,9 o' 64 9 8 7114 64 8' 64 81:4 8 5 4)-8 6 11T_ ..\\ 63 9 2 9,6360 103 7 91 7637 2 2 2 1. 6 6 63 6 19 1 62 3 633 1111 119).11)1121 53 9 563 9 636 I4 54 10 18 - - 1i ----' 7 I' 1 64_8 7 \ 64 1017 2'8r-4 18 111 Z 64 9 26 9 3\''''', 1909 8 9 64 7 -i- t E SENECA STREET 1 68 1 I I 11 -4 1 1 1 68 3 1 68 31123J3'8 3 9 68 4 1 63 6-17 68-46 G4 1015 64 1012 F4 1 m,,e, 6674:15 74, 11/M40111i I I 677 138 4 113 4,12 4 3 — ----164 1611 3 ----6-4 94\I 6.' 911 " "88\ \ 68 4 17 ii L 1 GB 4 7 L 1M W 1J - 1 1 ' , . ,,, --68 2 2 2 24 2 3 I I I 69 34 68 1 188 1 58.4 481'5 4 141 68 4 1iT4gr4- 78' ' 67 1 1 67 3 1 67 3 3 \ 7)1 67 5 1)67 567 567 5 0 !II"2 12 L._i 91 68 3 5 1 68 I 3 211, _68 2 LI 1---Lf,61j t°1 68 328 1 1 68 2 10 j 68 3 27 -i6--1 6- I?. T3 68 3 26 68 3 2 CATHERINE-§TREET 1 11111,1 ,16,158510 68 5 1 6a 5 1,8 513 5 43 5 5 596 - '1 _T 1- i 1 i 1 k t 67 1 30 67 7 6 A il-11168 5 11 54737-67121 31677-76 4 71 1 1 67 3 6 7,i, 67 4 9' 2/ 68 VG 9, f°5 15 5 14 57 3 29 _- c - -..!' 3 58 2 9 1 33 68 3 25 66 3 8 5 21_68 5 19 5 18 5 17 5 6 74 16 1 119 I 10 CP 1 7 68 5 20 i 1 i 1 1 1 -616-15 to 3 13 67 1 6 67 Y 07 3 24 9 3 3\ \ 61 - 1— _67 HO 67 I 7 68 3 24 COOK STREET 67 3 8 67 4 6 1 ri■I 8 60 3 10 "_.0 1168 6 1 67 1 8 67 J 27 1 1 ' ' 1-1 1 61 1 9 67 3 9 67 4 7 1EET 60 1 8 7 5 6n 6 101 o---4 ,°'' 1 ---17` 46620 42i, _68 3777)22\60 3 12 nO, 68 7,t3 _ L 66 7_6 616716 6486 4 67 1 16/2 2 \ 1 68 3 21 1 'i 673 24 67 3 12 1 u 7 7 68 6 32,68 6_,5 2 67 2 18\I\67 2 4 \ ,3 ic 31174 n' 47 67 11 7 3 \ 67 II 1\ 1, . 1,0 '''"''33 It 11 '1'''.9 101 68 102 r . , 17 3)3 G7 J 13 1 17 1 165 31 21 68 36189 3 20- 66 373 II;, 68 7 12 5_87 7 it 7 10"1-8- 071 01G16 66_ 67 212 62 2, '\ \ '\ 7 111261 1172 1 1 — 6519 1 6 15 66 6 2 '91 67 2 16 67 2 6 r 9/` l:3 3 7.7 68 3 14 1 1 "-—7. --- 67 1 7 67 3 22 67 3 14 - \ 68 11 41 I 68 103 8 "966N3 3„ s. , -,88 3 16 -- ---------- - 1 A . ORCHARD PLACE T3 6 14 se 6 8 E 67 2 15 67 3 11 67 3 15 _ 6/11 14 3 68 3-16 68 87 1 i 6884 tr "673 68 69 171 67 2 14 6 N./ I 68 10 4 00 9 4 1 64 706___- 1-2 9 16 67 5 20 67 3 161 67 11 15\ \oo,•111)--r;11)UH--11, 83 2 1 N\-,„.7_,), —"8al 8 68 8 5 ,- "6 9'68-6-10 -67i13 -- T 67 3 19 k60 110 1 A ,,, 68 6 11 n -- 67 3 17 1275 12 1 67 2 10 g ----11111/ ,7 83 2 2 68 8)1a 69 ,81.L. ?„ 2 12 6 63 2 3 sy- 53 3 4 r73 8 4 1 83 4 2 67 1 11_6_7 2-1:1 \62 3" 67 12 9 62 12 6 - 84 N. Ge us 8472 1 1 1 L 64184% 8)0 1 '416"5 7 55 55 / /33 2/4 ., 83 3 161 32/6,13 ' ( 8426 0\ ) I 3:4 „,111 7 5 / 84 1 1 • '63 1112_1_1-2, 63 2 25 /83 2838 83 3 5 III 4 6 83 83 6 7 83 3 9/'>3 83 52 . 83 6 3 • 1 '''') 1 3 8427 84 2 2 64 2 3 81 , •.. /83 29 1 / 87 4, 0 7 / /83 2 N. ''',1)67i, 7"3'1 2.•., ,531-\4," \ 83'2112 ' I,,i52. 63 53•\064 t 4,87 6/6, /6164.. 83/2 12/1>i. ("9'1-'1' 63 5, 83 5 3 ck, 83;7 3i) 5 3 54 52184 184 5 5'24 5'1'1 11 \,), 62 6 3 2\ \ // 81 214 83 5B "9 4 1.1 b 684'(19 5 3 84 5 4 84 5 6 "6 7 t, \77.11 '1\ \„ 83 2 242I2 / / \82 6 4\\ 4"/ /26 5 ) \ 80'2 21111 032 16 1 245/ , ....) hi 5 14 8 04 006 t. ,,3 i/ /`\• 82 8 1 l \ /8]2 83 2 18 83 56 .e.„0'' \--/-•5,6 84 s i5 4'430`‘ 2 \ \ \\8\2 6,8';66> ,z\ 5;/;2‘.‘6 2 s 172 6 1 \ 1',r. \ \ \ 82 8 4 \ 83 2'122 03 7 2 2'3 049 21/ 63 67 8 3,509 32 /84 5 11 / 89 714\ 89 33 \ N84 6 V f• 66 56/ ,, , ,84 7 29 84 68 • / / ?. 89 I 1 V 2 23 \ ,, ' , 1 \ \\91 3 4 \\\ / /83 4. 8 ' .''rf / 87 1 41 / 81 12 / 89 1 2 \\\ 1 \ \ '''''' \<</N7N) 386 I 36/1 25 87 1 4 139 38 88 1 1 87 1 23\ \ \ 90 11 11338211,34/ai:1,1?„://,,16,1,„,,,,s/7 i --- 94 _17 2 .1,,,,8 .... / <N 87 2 i6 Scale 1"--=--3-00' N,F71 CPOZ Boundary CITY OF ITHACA .��..'� - •••'•:11,11 4J m I' 's 108 East Green Street Ithaca, New York 14850-5690 �rnr�l f1 IM ; �►O�'«...........rf15% BUILDING DEPARTMENT �R11TE0 Telephone: 607/274-6508 Fax: 607/274-6521 Memorandum TO: Paulette Manos, Planning Committee Chair FROM: Phyllis Radke, Building Commissioner F12 RE: Exterior Property Maintenance Ordinance DATE: January 15, 2003 Eighteen months ago, the Exterior Maintenance Subcommittee brought to Common Council an ordinance amending the "Exterior Property Maintenance" law. Since that time, the subcommittee has reviewed the effectiveness of enforcing the new standards and found that certain provisions needed additional revisions in order to become enforceable. Below is a list of the proposed revisions to Section 178, "Exterior Property Maintenance."Attached resolutions provide the specific language changes. Section 178-3.A. This part concerns the standards for grounds and exterior property. The original language was not specific enough to have a litter violation upheld in court. This has been especially frustrating for residences in Collegetown and East Hill when they hear from the building department that we cannot successfully ticket for litter violations. The revision very specifically defines what is a litter violation and allows property owners 48 hours to remove it from their yards without consequence. Section 178-3.E. This part concerns grass, weeds and other vegetation and has been rewritten for two reasons. The first is because Chapter 331 of the City of Ithaca Codes, "Garbage, Trash and Weeds,"had different grass requirements than those promulgated under the "Exterior Property Maintenance" code. The revisions have provided that both code sections have identical language. The second reason is that New York State has passed an Exterior Property Maintenance code this year that states that grass cannot be higher than 10 inches. The current City ordinance tickets property owners if the grass is higher than 9 inches. We cannot have a stricter standard unless the City petitions the State Code Council. Section 178-3 I. This part concerns maintaining walkways in safe conditions under normal use and weather conditions. It has been revised to more specifically define what kinds of walkways need to be maintained. "An Equal Opportunity Employer with a commitment to workforce diversification." C4, - J - ORDINANCE NO. -2002 AN ORDINANCE AMENDING SECTION 178 OF THE CITY OF ITHACA CODE Whereas, Common Council enacted the Exterior Property Maintenance Ordinance (Chapter 178) on June 13, 2001, and Whereas, the Building Department has now had over a year to work with the ordinance and has detected certain areas in the ordinance that need clarification and modification, , BE IT NOW ENACTED by the Common Council of the City of Ithaca as follows: Section 178-2 (Definitions) of the Ithaca City Code is hereby amended as follows: Litter: improperly discarded material consisting of but not limited to paper and plastic bags, bottles, cans, bottle caps, containers, garbage, paper, newspaper, pieces of paper, paper and plastic cups, wrappers, articles of clothing, cigarette butts, toilet paper, or any other trash disposed on the grounds, bushes or trees of a property. Section 178-3 (Standards for grounds and exterior property) of the Ithaca City Code is hereby amended as follows: A. All grounds and exterior property are kept clean and free of solid waste. A. To keep all grounds on the exterior of the premise free from solid waste and to remove any litter that has been cast, blown, thrown, put, placed, or accidentally dropped on the grounds, bushes, or in trees, and allowed to remain on the grounds, bushes, or in trees for forty-eight(48)hours. E. Grass, weeds or other vegetation on grounds and cxtcrior property aro trees, bushes and other vegetation planted, maintained or kept for some ornamental or other useful purpose. Natura ..- .. . . .- -. .- -. .. T En, E. Grass, weeds or other vegetation on grounds and exterior property are maintained so that the height of the vegetation is limited to nifte inches, except for trees, bushes and other vegetation planted, maintained or kept for some ornamental or other useful purpose. Natural woodlands shall be considered an ornamental or useful purpose. Premises situated at street intersections or on curved streets shall be kept in such condition as to give a clear and unobstructed view of the intersection or curve. I. Steps, walks, driveways, parking spaces and other similar paved arcas aro r I. Steps, walks, driveways, parking spaces, and other similar paved areas in sidewalks, driveways, and tree lawns are maintained so as to afford safe passage under normal use and weather conditions. • 2 New language underlined;deleted language ugh. K:\Ordinances\exterior prop maint amend.doc ORDINANCE NO. -2002 AN ORDINANCE AMENDING CHAPTER 331 (GARBAGE, TRASH AND WEEDS) OF THE CITY OF ITHACA CODE Whereas, Common Council enacted the Exterior Property Maintenance Ordinance (Chapter 178) on June 13, 2001, and Whereas, the Building Department has now had over a year to work with the ordinance and has detected certain areas in the ordinance that need clarification and modification, and Whereas, Chapter 178 Exterior Property Maintenance is being amended by Ordinance No. -2002, and Whereas, Chapter 331 Garbage, Trash and Weeds needs to be revised to be consistent with said Chapter 178 amendments, BE IT NOW ENACTED by the Common Council of the City of Ithaca as follows: Section 331-1 Garbage, Trash and Weeds is hereby amended as follows: A. The owners of all private property are hereby required to cut, trim, or remove brush, high grass, rubbish and weeds from their premises and keep such premises in a reasonably clean and sanitary condition to prevent breeding of premises. Premises situated at street intersections or on curved strccts shall be kept in such a condition as to give a clear and unobstructed view of the intersection or curve. Cutting of grass every three weeks from May to October 1 of each year shall be deemed compliance with this section. A. Grass, weeds or other vegetation on grounds and exterior property are maintained so that the height of the vegetation is limited to-ad inches, except for trees, bushes and other vegetation planted, maintained or kept for some ornamental or other useful purpose. Natural woodlands shall be considered an ornamental or useful purpose. Premises situated at street intersections or on curved streets shall be kept in such condition as to give a clear and unobstructed view of the intersection or curve. New language underlined;deleted language she eugh. K:\Ordinances\exterior prop maint amend 2.doc FY 2003 Small Cities CDBG Fact Sheet City of Ithaca, NY Maximum Grant Amounts: • $400,000"single purpose"category • $650,000"comprehensive"category ($100,000 less than last year) • $750,000"economic development"open round category "Single purpose"grants must address needs within one of the following areas:(a)housing,(b)public facilities,or(c) microenterprise. "Comprehensive"grants must involve two or more related activities in a target neighborhood. "Economic development"grants provide financial assistance to businesses creating jobs available for low-and moderate-income persons. Eligible Applicants: • Cities,towns and villages having a population under 50,000 • Counties having a population under 200,000 Deadline: April 11,2003 for a"single purpose"or"comprehensive"application(may only choose one).Economic development applications are accepted year-round. Eligible Activities for Application due April 11, 2003: The primary objective of the CDBG program is to benefit Low-and moderate-income(LMI)persons. At least 51%of the persons benefiting from each activity must be LMI persons. Housing — Housing rehabilitation — New construction of affordable housing — Direct homeownership assistance Public Facilities — Public works,such as streets,sidewalks,drinking water/wastewater systems&street lighting — Child care centers,homeless shelters,special needs housing&community centers — Removal of architectural barriers for the disabled — Parks and open space Microenterprise — Business start-up training,education&technical assistance — Programs supporting new or expanded microenterprise Funding Criteria: • Municipal poverty score 150 points • Impact 400 points 550 total points • Applicant's prior history,since 2000,to complete activities in a timely manner. Recent CDBG History: 1996 - awarded$1.2 Million for comprehensive(southside neighborhood) 1997 - awarded$1.9 Million for comprehensive(southside/northside triangle neighborhoods) 1998 - awarded$1.9 Million for comprehensive(west end neighborhood) 1999 - awarded$400,000 for single purpose(city-wide home ownership) 2000 - awarded$900,000 for comprehensive(southside&downtown neighborhoods) 2001 - awarded$750,000 for comprehensive(lower northside&downtown neighborhoods) 2002 - application denied for$750,000 comprehensive(northside triangle neighborhood) Prepared by N.Bohn,1/14/03 jr Summary Table of Funding Proposals Submitted City of Ithaca 2003 Small Cities CDBG Application 1116103 CDBG Total Northside Included in Funding Funding Project Triangle Last Year's Category Title Sponsor Request Cost Target Unfunded Summary Area? Application? 1 Housing Infill Affordable Housing Ithaca Neighborhood Housing $215,000 $525,000 Yes Yes Construct 3 duplexes on vacant lots located at 220 First St.,101 Moms (new construction) Development Services,Inc.(INHS) Ave.,and 105 Fourth St Two duplexes will be sold to low/mod income first time homebuyers. The duplex at 105 Fourth St will contain two 2- bedroom rental units to be occupied by low/mod income persons. 2 Housing Northside Homeowner INHS $171,200 $171,200 Yes Yes Provide rehabilitation loans and technical assistance to 8 LMI (rehabilitation) Rehabilitation Program homeowners in the Northside Triangle neighborhood. Loans will average $20,000 per property and will be structured as 0%interest loans with repayment deferred until the house is sold. 3 Housing MHATC Scattered Site Housing Mutual Housing of Tompkins $350,000 $2,464,800 Yes Yes Acquisition of 6 rental properties,containing 16 substandard units,and (rehabiliation) Initiative—Core Expansion, County(MHATC) one vacant lot. The rental properties will be rehabilitated to create 12-16 Phase I renovated units. A 2-to 3-unit structure will be constructed on the vacant lot. All units will be occupied by low-income MHATC residents earning less than 60%of median income. 4 Public Facilities Expansion of Drop-in Children's Drop-In Children's Center $375,000 $565,950 Yes No Expand Drop-In Center to provide 28 additional child care slots and (Child care center) Center create 6.75 FTE jobs. Construction of three new classrooms support facilities will serve: • 8 full-time infants • 10 full-time toddlers • 10 drop-in participants(infants and toddlers) 5 Public Facilities/ Franklin Street Redevelopment Flora Sagan,Northside $25,000 $35,000 Yes Yes Analyze the financial feasibility of relocating the City's Water&Sewer Planning Plan Planning Initiative Steering facilities outside the neighborhood and develop a plan for a mixed-use Committee member redevelopment of the Franklin Street corridor from the Sciencenter to 3rd Street,possibly including a Kitchen Theatre facility,a 25-bed community residence,office space for human service agencies,a community center, and retaiVcommercial development. 6 Public Facilities Renovation of ICR Facility Ithaca Community Recovery, $100,000 107,000 No No Complete needed building repairs and renovate the vacant 2"d and 3rd Inc.(ICR) floors of the ICR facility located at 518 W.Seneca St. The ICR facility hosts 12-step recovery programs,such as Alcoholics Anonymous, attended by approximately 600 persons weekly. Roof replacement and other basic building improvements will ensure continued programming and allow leasing of the 2nd floor to therapists or other recovery-related entities to financially support ICR. $50,000 will be used reconstruct the 3rd floor to expand services by leasing space to a recovery enterprise for either day-treatment or for transitional housing. Page 1 Summary Table of Funding Proposals—2003 CDBG Small Cities Application (continued) CDBG Total Northside Included in Funding Funding Project Triangle Last Year's Category Title Sponsor Request Cost Target Unfunded Summary Area? Application? 7 Economic Pangea Revitalization Pangea Restaurant $75,000 $350,000 Yes No Purchase and renovation of the Pangea Restaurant property by the Development/ current restaurant operator to expand the business,projected to result in Housing 5—10 new employment positions.Renovations will focus on the exterior of the building and its parking lot. In addition,the substandard 6- bedroom upstairs apartment will be renovated and leased to low/mod persons. 8 Economic Capability Upgrade F-1 Thermal Evaporated Metal Films Corp. 95,000 $155,000 No No Purchase of specialized equipment is projected to result in the creation of Development Metal Evaporation Chamber (EMF) 2—3 new optical coating technician employment positions available to low/mod income persons.EMF,located at 239 Cherry St.,manufactures evaporated,metallic,thin-film coatings. • Total Funds Requested: $1,406,200 Notes: 1. Funding proposals are numbered for convenience.Project ID number implies no ranking or priority. 2 The City of Ithaca may apply for a maximum of$650,000 of CDBG assistance under the'comprehensive'competition or a maximum of$400,000 under the'single purpose'competition.Administration and program delivery costs may not exceed 18%of the grant amount 3. A'comprehensive'applications must involve two or more related activities that address a substantial community development need wittier a defined area to be cared out in a coordinated manner.The application must address problems within at least two of the following categories: (a)housing,(b)public facilities,or(c)economic developmentlmicroenterprise. End Prepared by N.Bohn.1,16103 City of Ithaca 2003 CDBG Funding Proposals IURA Page 2 • Proposed Resolution Planning&Economic Development Committee January 22,2003 Cayuga Green Project-Conveyance of Lot D to Ithaca Urban Renewal Agency WHEREAS,the City of Ithaca supports implementation of the Cayuga Green at Six Mile Creek Project("Cayuga Green Project"), a mixed-use downtown project including the following activities: • approximately 1,780 parking spaces within parking garages • 14,600—68,600 sq.ft.of retail • 110—202 housing units, • landscaped creek walk along Six Mile Creek, and WHEREAS,the Cayuga Green Project site contains the following parcels: Street Address Tax Map Number Approx.Area Owner Current Use 235 S.Cayuga St. 500700-81.-2-1 70,736 sq.ft. City of Ithaca surface parking 131-33 E.Green St 500700-70.-8-10.2 44,922 sq.ft. City of Ithaca surface parking 135 E.Green St. 500700-70.-8-10.1 8,778 sq.ft. City of Ithaca helix to parking garage 116-128 E.Green St. 500700-10.-4-5.2 43,890 sq.ft. I.Stanley Goldberg/ ground level parking under Green St.Garage City of Ithaca air rights Green St.Garage,and WHEREAS,the Cayuga Green Project will be phased to begin development on parcels owned by the City of Ithaca that are located directly south and east of the Tompkins County Library, also known as"Lot D,"and WHEREAS,the most affordable financing structure for the project involves conveyance of the project site to the Ithaca Urban Renewal Agency(IURA)and subsequent leasing out of certain rights by the IURA to developers undertaking components of the project, and WHEREAS, actions of the IURA are governed by the Urban Renewal Plan("Plan"), and WHEREAS,the Cayuga Green at Six Mile Creek project site is located within the Urban Renewal Project Boundary (the"IURA Project Area"),that area of the City designated for the IURA to undertake urban renewal actions in the Plan, and WHEREAS,the Plan authorizes the IURA to acquire property in the IURA Project Area upon designation of the properties for acquisition by the Common Council,and WHEREAS,the Plan includes the following objectives: • Expansion and diversification of the economic bas of the community to provide the employment opportunities needed by its residents and to strengthen its tax base; • Provision of the full range of neighborhood and community facilities and services necessary to meet the resident's needs,through new construction or improvement of existing facilities and programs;and WHEREAS,the Cayuga Green at Six Mile Creek project is consistent with the Urban Renewal Plan and the transfer of the City-owned parcels of the project site to the IURA will advance implementation of this project, WHEREAS,the action to transfer City-owned parcels of the Cayuga Green Project site to the IURA is incorporated into the environmental review for the Downtown Development Project, now,therefore be it RESOLVED,that the Common Council of the City of Ithaca hereby determines that the Cayuga Green at Six Mile Creek project is consistent with, and in furtherance of,the City of Ithaca Urban Renewal Plan, and be it further, RESOLVED,that the Common Council hereby designates the Cayuga Green Project site parcels listed above as appropriate for acquisition and disposition by the Ithaca Urban Renewal Agency in order to facilitate the Cayuga Green at Six Mile Creek project using the powers granted to the IURA under the laws of New York State, and be it further RESOLVED,that the Common Council hereby approves transferring ownership of the City-owned parcels of the Cayuga Green Project site to the IURA, excepting out any necessary easements for municipal utilities and public access, upon completion of the environmental review of the project: Street Address Tax Parcel Number 235 S.Cayuga St. 500700-81.-2-1 131-33 E. Green St 500700-70.-8-10.2 135 E. Green St. 500700-70.-8-10.1, and be it further RESOLVED,that all costs incurred by the IURA in acquisition, holding and disposition of the parcels shall be paid from the Cayuga Green project,and be it further RESOLVED,that transfer of property ownership to the IURA is contingent upon Common Council approval of a "lease-back"agreement between the IURA and City Of Ithaca, and be it further RESOLVED,that the Common Council hereby authorizes the Mayor, upon review of the City Attorney,to sign any and all instruments necessary to implement this resolution. q:l planning\stafflnels liura\resolutions120031reso pl&dev comm-authorize iura acquis.of cayuga green 1.14.03.doc erN. •'t ( .- ' t ,`._' j 9 V 5 p r Ri 3 ++t 1x3*} , .+. t f a ' ',,„x S 3i, Fc§ :u a x { 3,• N x4,r, trS t`c,� Vii$r b a 7 i,s'A .Tr. +p y r y?f a,, v ' i7 t ' .1%00... 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Tompkins County >- . ., ' Mental Health ,'Sunoco Gas Station u•1,4 '-,..?.(.',i.--,',:i•:''.'..,:.:''.7. 3,,,,...:.- c,..r:',-,.-,.,-.,!.:5:;,', 4 @ e ?ompkins County Library a N `; *�Kri r ° 3,Rr 3��` 1�1"A �t." N 'r" �,4 � 'Cayuga Green ': ,- , ".. Pr' :,.; .,: 4A ti Six Mile Creek Project Site / j15;:i4i',, '. ✓, � 1r 'i�:4 . iS st .. ka3 c n s al Rr ti � ` r N�,/. / od ,Ii?,,,. u4 - :-.`a4) 1 n . � ,. , •.i/ / R t 4i. E z:11;t 4.` � z ,9 L ra k. #"a 'D / / ,?,*• ; � ,k ,,P Fl,4. rw -� R, � ^r. Ithaca Y 4 ,P c` tE4,�4 �. ° ^ g , / ^ti;WVl�y taZ i, Sr,,,"' Gl F y � ?:::.,••••,,4•.•:. iii and C h',r ? < crk 1i" y ?it . x aj ;+4 / j ,. 0 ' . + r ,r!..'".'. rt°ix .' a � a1 s y,,.,4,*, ourt3 rc.' u� ,s� 3 Ls r y° a / ,,•„:„4,,,,.1.,,-,&z,./.$4.- ,,4 )..,...11. .&..,'P F'..i'''F.'4"' ' C4,';'''A41.4:',4,,,' ''',' EAST CLINTON riE3S4.-T .L . Y - _ „ , f • ' a t r ;',,;•:44,.la ppm!0 'r 2. ill i i rr ' d, 3t.+ 1 j4v i r " ,"1 r F.,' rte„ y , '''° `y.: � z, fi ,.s • PLEASANT ST. rr r 1 h 1 kl; If: { . y`c x5} ;2.-2 tV• Feat 0 35 RI 140 210 280 Data e Created q. a.e�: THE QIAZEN ENGINEERING&LAND SURVEYING CO..P.C. Parcel FFJaae al'Tae ca++4Y Figure 1.3-2 Specific Project Area Carol ConoEy PdMeO•Paanne.Tdee POaleaep en, me car d Nana Roads and lryAmeg/ry Oa.: weer aaa: o....., s o„uaraoaw:' r&wMc rr�aam WAWA p NY BOOT. Nanm,ar 13.2002 1. COMPA IES ” " °' �`�a� Downtown ta.a.a•aea W„o-ma ton wawa* Iwon«Iwt•v Rtaleum„ qty of Ithaca So'e' Ra..>✓rs.a.w• Tompkins County,New York 1:1.980 as Wwta.*. 0mim•r.a..a c.nn. wpm*raan.'e'e'.o,s aoN.Imo ...,..•�rwr+w.ra�noo..o �1�+a•80248.00 Nels Bohn -Supplemental info for 1/22/03 P&ED mtng. Page 1 From: Nels Bohn To: Blumenthal, Susan; enh2 @cocnell.edu; Manos, Paulette; Pryor, Pat; Vaughan, Pat Date: 1/17/03 1:22PM Subject: Supplemental info for 1/22/03 P&ED mtng. Regarding agenda item D(5)(a) on the 1/22/03 P & ED meeting agenda: - Conveyance of Lot D to IURA Please find enclosed a supplemental memo providing background for the proposed resolution. The memo explains the major elements of the financing plan for the Cayuga Green at Six Mile Creek project and how conveying Lot D to the IURA fits into that plan. For your information, I have attached a copy of the proposed resolution that is contained in your meeting packet. If you have any questions about these materials, please contact me by e-mail at nelsb @cityofithaca.org or at 274-6547. Nels Bohn, Director of Community Development Ithaca Urban Renewal Agency 108 E. Green Street Ithaca, NY 14850 T- (607)274-6547 F- (607)274-6558 nelsb @cityofithaca CC: Cogan, Daniel; Cohen, Alan J.; Cornish, Joann; Dunn, Patricia; Kusznir, Jennifer; Logue, Tim; McDonald, Doug; Schwab, Norma; Thayer, Steven; VanCort, H. Matthys CITY OF ITHACA " 108 East Green Street— 3rd Floor Ithaca New York 14850-5690 '(T (!1 m t`�' Ithaca, ',swami DEPARTMENT OF PLANNING AND DEVELOPMENT H. MATTHYS VAN CORT, DIRECTOR OF PUNNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development - 60'-274-6550 Community Development IURA - 607-274-6559 Email: planning@cityofithaca.org Email: iura @cin-of-thaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning & Economic Development Committee Members From: Nels Bohn, Director of Community Development, IURA RE: Cayuga Green Conveyance of Lot D to the IURA `' Date: January 16, 2003 The City's economic development consultant, the National Development Council, recommends a project structure for financing the Cayuga Green project that involves transferring ownership of the project site to the Ithaca Urban Renewal Agency(IURA). IURA ownership of the project site qualifies construction of the parking garage eligible for tax-exempt 501-c-3 bond financing and will allow the project to proceed on an accelerated time schedule and not exceed the "G-Max" project cost. The plan for financing the Cayuga Garage includes the following major elements: • City of Ithaca transfers the project site to the IURA • IURA enters into a ground lease with the garage developer, Community Development Properties of Ithaca, Inc. (CDP-Ithaca), for the economic life of the garage • CDP-Ithaca, through the issuance of 501-c-3 bonds by the Tompkins County Industrial Development Agency(TCIDA), will construct the Cayuga garage • Net revenues from operation of the garage and the ground lease will be dedicated to bond repayment • The IURA will provide a deficit guarantee to COP-Ithaca for the credit enhancement required to issue the bonds • The City of Ithaca enters into an operating deficit agreement with the IURA to provide funding to pay debt service payments not generated from project revenue streams To implement the housing and retail components of the project, the IURA will enter into ground leases with the selected developers, upon receiving Common Council approval. In addition, the IURA will enter a leaseback agreement with the City to transfer broad rights and responsibilities "An Equal Opportunity Employer with a commitment to workforce diversification." �«} back to the City for Lot D, so the City can continue to operate public parking operations and other uses on those portions of the site not leased out to developers. The IURA land acquisition policy requires that the Common Council designate which properties are appropriate for IURA ownership. The IURA also must gain Common Council approval for any disposition of property, including any long-term leases. The proposed resolution accomplishes the following actions to advance the Cayuga Green project: • Designates the Cayuga Green project site as appropriate for IURA acquisition • Transfers ownership of City-owned portions of the project site to the IURA If adopted, the Common Council will be asked in the near future to approve the leaseback agreement between the IURA and the City, the ground lease with CDP-Ithaca to construct the Cayuga Garage and an operating deficit agreement with the IURA to cover any deficits to repay the bonds issued to construct the garage. Enclosure Cc: K.McLaughlin,NDC D.Cogan,Common Council A.Cohen,Mayor H. M.Van Cort,Director of Planning&Development D. McDonald,Director of Economic Development S.Thayer,Controller N.Schwab, City Attorney P. Dunn,Assistant City Attorney J. Cornish,Deputy Director of Planning J. Kusznir, Economic Development Planner T.Logue,ED&Neighborhood Planner IURA Project file&chrono q:l planning lstafflnelsliuralcitylcayuga greenlmem top&ed lot d 1.16.03.doc Proposed Resolution Planning&Economic Development Committee January 22,2003 Cayuga Green Project•Conveyance of Lot D to Ithaca Urban Renewal Agency WHEREAS,the City of Ithaca supports implementation of the Cayuga Green at Six Mile Creek Project("Cayuga Green Project"),a mixed-use downtown project including the following activities: • approximately 1,780 parking spaces within parking garages • 14,600—68,600 sq.ft. of retail • 110—202 housing units, • landscaped creek walk along Six Mile Creek,and WHEREAS,the Cayuga Green Project site contains the following parcels: Street Address Tax Map Number Approx.Area Owner Current Use 235 S.Cayuga St. 500700-81.-2-1 70,736 sq.ft. City of Ithaca surface parking 131-33 E.Green St 500700-70.-8-10.2 44,922 sq.ft. City of Ithaca surface parking 135 E.Green St. 500700-70.-8-10.1 8,778 sq.ft. City of Ithaca helix to parking garage 116-128 E.Green St. 500700-10.4-5.2 43,890 sq.ft. I.Stanley Goldberg/ ground level parking under Green St.Garage City of Ithaca air rights Green St.Garage,and WHEREAS,the Cayuga Green Project will be phased to begin development on parcels owned by the City of Ithaca that are located directly south and east of the Tompkins County Library,also known as"Lot D,"and WHEREAS,the most affordable financing structure for the project involves conveyance of the project site to the Ithaca Urban Renewal Agency(IURA)and subsequent leasing out of certain rights by the IURA to developers undertaking components of the project, and WHEREAS, actions of the IURA are governed by the Urban Renewal Plan("Plan"), and WHEREAS,the Cayuga Green at Six Mile Creek project site is located within the Urban Renewal Project Boundary (the"IURA Project Area"),that area of the City designated for the IURA to undertake urban renewal actions in the Plan, and WHEREAS, the Plan authorizes the IURA to acquire property in the IURA Project Area upon designation of the properties for acquisition by the Common Council, and WHEREAS,the Plan includes the following objectives: • Expansion and diversification of the economic bas of the community to provide the employment opportunities needed by its residents and to strengthen its tax base; • Provision of the full range of neighborhood and community facilities and services necessary to meet the resident's needs,through new construction or improvement of existing facilities and programs; and WHEREAS,the Cayuga Green at Six Mile Creek project is consistent with the Urban Renewal Plan and the transfer of the City-owned parcels of the project site to the IURA will advance implementation of this project, WHEREAS,the action to transfer City-owned parcels of the Cayuga Green Project site to the IURA is incorporated into the environmental review for the Downtown Development Project, now,therefore be it RESOLVED,that the Common Council of the City of Ithaca hereby determines that the Cayuga Green at Six Mile Creek project is consistent with, and in furtherance of,the City of Ithaca Urban Renewal Plan, and be it fiurther, RESOLVED,that the Common Council hereby designates the Cayuga Green Project site parcels listed above as appropriate for acquisition and disposition by the Ithaca Urban Renewal Agency in order to facilitate the Cayuga Green at Six Mile Creek project using the powers granted to the IURA under the laws of New York State,and be it further RESOLVED,that the Common Council hereby approves transferring ownership of the City-owned parcels of the Cayuga Green Project site to the IURA, excepting out any necessary easements for municipal utilities and public access, upon completion of the environmental review of the project: Street Address Tax Parcel Number 235 S.Cayuga St. 500700-81.-2-1 131-33 E.Green St 500700-70.-8-10.2 135 E.Green St. 500700-70.-8-10.1,and be it further RESOLVED,that all costs incurred by the IURA in acquisition, holding and disposition of the parcels shall be paid from the Cayuga Green project, and be it further RESOLVED,that transfer of property ownership to the IURA is contingent upon Common Council approval of a "lease-back"agreement between the IURA and City Of Ithaca,and be it further RESOLVED,that the Common Council hereby authorizes the Mayor, upon review of the City Attorney,to sign any and all instruments necessary to implement this resolution. q:1planning\staf1 nels\iura\resolutions\20031reso pl&dev comm-authorize Tura acquis.of cayuga green 1.14.03.doc _w iTa CITY OF ITHACA 11,4 108 East Green Street— 3rd Floor Ithaca, New York 14850-5690 �Il,. DEPARTMENT OF PLANNING AND DEVELOPMENT H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT Pow _=` DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559 Email: planning@cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: January 10, 2003 Subject: Proposal to rezone portions of the CBD-100 zone The purpose of this memo is to provide information regarding a proposal to change the zoning height restriction for the block bounded by East green Street, East Clinton Street, Cayuga Street and Six Mile Creek, which includes parcels 70.-8-10.1, 70.-8-11, 70.-8-10.2, 70.-8-1, 81.-2-1. The site in question has long been considered to be a prime redevelopment site within the City and is one of the few remaining large undeveloped sites in downtown with strong development potential. In the 1992 Downtown Design Plan it was outlined as a potential location for new large buildings to locate. Currently, this location is being considered as part of the larger Downtown Development Mixed-Use Project, which is a combined project including the Ciminelli Cornell Office/Hotel Project and the Cayuga Green Project. The proposal for this site contains a parking garage to be located just to the south of the Tompkins County Public Library with retail on the ground floor and a housing development wrapped on the creek side of the building. A second phase to the project is proposed to have a second housing and retail structure building on the site to the east of the library. It is the City's desire to accommodate new development while preserving a public space beside the creek. In order to use this site to its maximum potential without infringing on the creek, staff feels that it may make sense to increase the potential for density in the interior of the site. The current zoning of the site is CBD-100. This zoning district allows for a maximum building height of 100 feet. The enclosed for your consideration are maps that show two possible zoning alternatives for this site. The first map proposes a new zoning district, CBD-120, which would increase the as of right zoning height restriction to 120 feet. The second is a proposal for a downtown redevelopment zoning overlay district. This would keep the same zoning designation and restrictions, but would allow buildings to be constructed up to 120 feet with the approval of the planning board as a part of site plan review. If you have any questions on any of the enclosed materials, feel free to contact me at 274-6410. "An Equal Opportunity Employer with a commitment to workforce diversification." 0 Proposal to Rezone Portions of the CBD 100 to the CBD 120 FT ' EAST SENECA STREET(RE 79) STATE RTE 79 SENECA STREET(RE 79) IIIII 111111‘ / iij CBD-140 CBD-140 - n n CBD=60 11111110 tl y 1111 CBD-60 M m� IIII Ill 1111 a .......j The Commons EAST• ST STATE BEREFT 11.11 V CBD-60 11111 Center Ithaca t, 7. Rothschild Buildin. 1, Exist' s - ' 'treet Garage ................Es Proposed CBD-85 - 70.-4.6 70.-4-5.2 1 EAST GREEN S \ 1 it ` Proposed CBD 120 i / } Millr --- IIII CBD-100 • .'., i 1 I iiiiirmenem Proposed CBD 85 I L ... -----i-C-11 ' NE 4 Parcel Boundaries I I Mr • t:+"`�- Zoning District Boundaries I 11111/ 'I t Proposed CBD120 8. : AlLem...�..1�.. .. .-1 Scale: 1"=200' Proposal to Create the Downtown Development Overlay Zone N ' EAST SENECA STREET(Rte 79) STATE RTE 79 SENECA STREET(Rte 79) II 6 IIII .11 BD-_ . CBD 140 rim g II 111111 IIIIIIIIIba C 140 CBD=60 1p mop , C U ,,„ II ,, The Commons II' CBD-60 % Center Ithaca Rothschild Buildin• o� Exist'1 • - - • street Garage 1111 11111 ■ Proposed CBD-85 - 70.-4-6 70.-4-5.21 GREEN— '� moms-moms-___moms_�_.__.r 111........:AST \ 1 \ A CBD-100 LIC - (A —9 Proposed DROZ m II■ Proposed Area to be Rezoned I 0.1�LF�<�fA1CaUlCF7a7 IL . I� ' I �„ Parcel Boundaries �..,/, :1 i .s.. Zoning District Boundaries ' Proposed Overlay Zone ' cn .?1 1. &it I ..../� - I I A.. IL.MI=MI 1111■1111=11110•11111111=1111 Scale: 1"=200' ; 4„ CITY OF ITHACA ti, &.—wfA•' '�;°F's 108 East Green Street— 3rd Floor Ithaca, New York 14850-5690 1i _ - —T f� DEPARTMENT OF PLANNING AND DEVELOPMENT H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: January 9, 2003 Subject: Proposal to rezone parcels 70.4-5.2 and 70.-4-6 from CBD-60 to CBD-85 The purpose of this memo is to provide information regarding the proposal to change the zoning designation of parcels 70.-4-5.2 and 70.-4-6 from CBD-60 to CBD-85. Enclosed please find the environmental review of this rezoning as well as a rezoning timeline. The site in question is currently being considered by the City of Ithaca as part of the larger Downtown Development Mixed-Use Project, which is a combined project including the Ciminelli Cornell Office/Hotel Project and the Cayuga Green Project. The Hotel/Office building is expected to increase the downtown parking demand significantly. In order to provide adequate parking for downtown, the Cayuga Green Project proposes to build two parking garages in a two-phase project. The first garage will be located just to the south of the Tompkins County Public Library. In order to accommodate the parking demand projections for the proposed downtown projects, as well as for anticipated future growth, phase two of the project proposes tearing down the existing Green Street parking garage and rebuilding a larger parking structure that could accommodate up to 1000 additional cars. However, should this project fail to materialize, this zoning change will have no effect on the allowable uses for this site, only on the allowable structure height. The land adjacent to the site on the south is zoned CBD 100, and the land adjacent to the north is zoned CBD 60, therefore it would make a transitional zone if the site were to be zoned CBD 85, which is an existing zone located in two sites adjacent to the Commons. The attached map shows the location of the proposed zoning change. Enclosed please find a Long Environmental Assessment Form for this proposed zoning change, as well as timeline for this rezoning. This packet has been circulated to the County Planning Department, the City of Ithaca Conservation Advisory Council, and the Planning and Development Board. "An Equal Opportunity Employer with a commitment to workforce diversification." 0 - No significant environmental impacts are anticipated as a result of this action, therefore a negative declaration of environmental impact is recommended. Enclosed for your consideration is are draft resolutions for lead agency, environmental significance, and adoption. If you have any questions on any of the enclosed materials, feel free to contact me at 274- 6410. 1/9/2003 -Schedule for Rezoning of Sections of the CBD 60 Zone to the CBD 85 Zone ., �.�xs� r•Ax'M x k ki �s m sr p t s Vw � PA '� Aa„y A Ar A 9 w.P✓AA A �,)1 1r a _4 2 L C n Circulate EAF for Comments and Distribute EAF to CAC, Planning Board, County 1 GML Review 1/3/2003 Planning Commissioner,GML Review,etc. X 2 CAC Meeting 1/13/2003 Discussion of changes X 3 Special Planning Board Meeting 1/14/2003 Discussion of changes X 3 Resolutions(neg dec.,dec.of lead agency,dec.to 4 Planning Committee Mailing 1/17/2003 adopt,),concept memo,and Full Environmental X Assessment Form,any comments 5 Notice of Public Hearing 1/21/2003 Legal Notice printed in Ithaca Journal 6 Planning Committee Meeting 1/22/2003 Discussion and Recommendation 3 Resolutions(neg dec.,dec.of lead agency,dec.to 7 Common Council Mailing 1/30/2003 adopt,),concept memo,and Full Environmental Assessment Form,any comments 8 Common Council Meeting 2/5/2003 Public hearing/adoption of legislation Documents to be Completed X Concept Memo X EAF X Resolution to declare lead agency X NegDec Resolution X Resolution to adopt revised ordinance Page 1 of 1 1/9/03 Draft Resolution: Declaration of Lead Agency for the Adoption of the Proposed Rezoning of Parcels 70.-4-5.2 and 70.-4-6 from CBD-60 to CBD-85 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 adoption of the revisions to the City Sign Ordinance is a "Type I" Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore,be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the rezoning of Parcels 70.-4-5.2 and 70.-4-6 from CBD-60 to CBD-85. q:lplanninglprojectslcayuga green\green garage height rezoninglresolution-lead agency.doc 01/09/03 1/9/03 Draft Resolution: Rezoning of Parcels 70.-4-5.2 and 70.-4-6 from CBD-60 to CBD-85 - Determination of Environmental Significance WHEREAS, the City of Ithaca is considering a proposal to rezone parcels 70.-4-5.2 and 70.-4-6 from CBD-60 to CBD-85 , and WHEREAS, appropriate environmental review has been conducted including the preparation of the Long Environmental Assessment Forms (LEAF), and WHEREAS, this rezone has been reviewed by the Tompkins County Planning Department Pursuant to §239-1—m of the New York State General Municipal Law, which requires all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is a Type I Action under the City Environmental Quality Review Act (CEQR Sec.176-12B), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, reviewed the LEAF prepared by planning staff and has determined that the adoption of the proposed zoning change 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 Long Environmental Assessment Form, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. Q:IPLANNINGIPROJECTSICayuga Green\Green Garage Height RezoninglResolution-Negdec.doc • 1/9/03 Draft Resolution: Rezoning of Parcels 70.-4-5.2 and 70.-4-6 from CBD-60 to CBD-85 -Adoption WHEREAS, the City of Ithaca is currently considering the downtown development mixed-use project, which is a combined project including the Ciminelli Cornell Office/Hotel Project and the Cayuga Green Project, and WHEREAS, the Hotel/Office building is expected to increase the downtown parking demand significantly, and WHEREAS, in order to provide adequate parking for downtown, the Cayuga Green Project proposes to build two parking garages in a two-phase project, and WHEREAS, the first garage will be located just to the south of the Tompkins County Public Library, and WHEREAS, in order to accommodate the parking demand projections for the proposed downtown projects, as well as for anticipated future growth, phase two of the project proposes tearing down the existing Green Street parking garage and rebuilding a larger parking structure that could accommodate up to 1000 additional cars, and WHEREAS, in order to build a garage that can accommodate the necessary number of parking spaces in the existing footprint, the current proposal calls for a building that exceeds the 60' height limitation of the CBD 60 zone for this site, and WHEREAS, the Common Council has requested that any new structure built on this site be built with adequate foundations to sustain an expansion of the building, should the need arise, however, future expansion on this site will be impossible unless the zoning is changed in order to accommodate a larger structure, and WHEREAS, the land adjacent to the site on the south is zoned CBD 100, and the land adjacent to the north is zoned CBD 60, therefore it would make a transitional zone if the site were to be zoned CBD 85, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Long Environmental Assessment Forms (LEAF) and has been reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the required public hearing has been held for the rezoning on February 5, 2003, and Q:\PLANNING\PROJECTS\Cayuga Green\Green Garage Height Rezoning\Resolution-Adoption.doc WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on February 5, 2003, determined that the proposed action will not have a significant effect on the environment, and that further environmental review is unnecessary, and, now be it RESOLVED, That the City of Ithaca Common Council hereby adopts the proposed zoning change for parcels 70.-4-5.2 and 70.-4-6 from CBD-60 to CBD-85. Q:IPLANNINGIPROJECTS1Cayuga Green\Green Garage Height RezoninglResolution-Adoptiion.doc .,�o • CITY OF ITHACA �.• •`�'�' 108 East Green Street— _d Floor Ithaca, New York 14850-5690 Cji .�.ICFfTT�yTTTI!.0 • . DEPARTMENT OF PLANNING AND DEVELOPMENT 0��' H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Developmec: - 607-274-6550 Community Development IURA - 607-2--t-osS9 Email: planning4 cityofithaca.org Email: iura(2cityofithaca-org Fax: 607-274-6558 Fax: 607-27-1-o c8 MEMORANDUM TO: Planning Committee of Common Council FROM: JoAnn Cornish, Deputy Director of Planning and Development DATE: January 15, 2003 RE: Proposal to Rezone City of Ithaca Tax Parcels 70.-4-5.2 and 70.-4-6 (Green Street Garage Parcels) from CBD-60 to CBD-85 January 14, 2003, members of the Planning and Development Board discussed the proposal to Rezone City of Ithaca Tax Parcels 70.-4-5.2 and 70.-4-6 (Green Street Garage Parcels) from CBD-60 to CBD-85. Members of the Board had hoped that with the elimination of the Intermodal Transportation Center, the parking garage would be reduced in size resulting in a reduction in the anticipated traffic load both in the garage and on the street. An Equal Opportunity Employer with a commitment to workforce diversification." t�� City of Ithaca Long Environmental Assessment Form Project Information by 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. 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. Name and Location of Project: Proposal to rezone parcels 70.-4-6 and 70.-4-5.2 from CBD-60 to CBD-85 Name and Address of Applicant: City of Ithaca Street: 108 East Green Street City/Town/Village: Ithaca State: N.Y. ZIP:14850 Business Phone: 607-274-6550 Name and Address of Owner (If Name: Different): Street: City/Town/Village: State: ZIP: Business Phone: !Type of Project: !Rezone Please Complete Each Question--Indicate N.A. if Not applicable A. SITE DESCRIPTION (Physical setting of overall project, both developed and undeveloped areas.) 11. Character of the land: Generally uniform slope X Generally uneven and rolling or irregular 2. Present Land Use: Urban X Industrial Commercial X Public X Forest Agricultural Other: 3. Total area of project 63,210 square feet 'area: (Chosen units apply to following section also) Approximate Area (Units in question 3 apply to this ;Presently j After Completion section) a. Meadow or Brushland 0 0 'b. Wooded 0 0 --f c. Agricultural — — -- 0 0 d. Wetland (as per Articles 24 of ECL) 0 0 e. Water Surface Area 0 0 f. Public 63, 210 63, 210 Proposed rezoning from CBD 60 to CBD 85 Page 1 o 17 1:9/2003 1 g. Water Surface Area 0 0 h. Unvegetated (rock, earth or fill) 0 0 i. Roads, buildings and other paved surfaces 63, 210 63,210 1j. Other(indicate type) 4a. What is predominant soil type(s) on ;Hudson, Rhinebeck- Glacial Till, Urban Fill project site? e.g. HdB, silty loam, etc. 4b. Percentage well drained: Moderately-. well drained: Poorly drained: 100% 5a. Are there bedrock outcroppings on No project site? 5b. What is depth of bedrock? (feet) +/-80' to 100' 5c. What is depth to the water table? (feet) 1+/-5' 6. Approximate percentage of proposed 0-10%: 100% 10-15%: 0% 15% or project site with slopes: greater: 0% 7. Do hunting or fishing opportunities No presently exist in the project area? 18. Does project site contain any species of No plant or animal life that is identified as threatened or endangered? Identify each species 9. Are there any unique or unusual No landforms on the project site? (i.e., cliffs, Describe: other geological formations? 110. Is project within or contiguous to a site No designated a unique natural area or critical Describe: environmental area by a local or state agency? 11. Is the project site presently used by the No community or neighborhood as an open i space or recreation area? 112. Does the present site offer or include No—existing use is a parking garage scenic views known to be important to the community? 113. Is project contiguous to, or does it No contain a building or site listed on or eligible !if Yes, Explain: N/A for the National or State Register of Historic Places? or designated a local landmark or in a local No landmark district? 14. Streams within or contiguous to project la. Names of stream or name of river to which area Site is being considered as part of a it is tributary: 200' from Six Mile Creek Proposed rezoning from CBD 60 to CBD 85 Page2 o 17 1 9/2003 larger project which is contiguous to Six Mile Creek, however, this site is approximately 200 feet from the Creek 115. Lakes, ponds, wetland areas within or a.Name: N/A contiguous to project area: N/A b. Size (in acres): N/A 16. What is the dominant land use and B-la, B-lb, B-2c, B-2d, B-4, CBD-100, zoning classification within a 1/4-mile CBD-140, CBD-60, CBD-85, C-SU, P-1, R- radius of the project? (e.g. single family lb, R-2a, R-2b, R-3a, R-3b residential, R-la or R-lb) and the scale of development (e.g. 2 story) 17. Has the site been used for land disposal No of solid or hazardous wastes? if Yes,Describe: B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project(fill in dimensions as appropriate) 1. a. Total contiguous area owned by project sponsor in acres: 1.45 or square feet: .63,210 1. b. Project acreage developed: Acres initially: 1.45 Acres ultimately: 1.45 1. c. Project acreage to remain undeveloped: 0 1. d. Length of project in miles: (if appropriate) or feet: N/A 1. e. If project is an expansion or demolition of existing building or use, indicate percent of change proposed: TBD building square footage: developed acreage: . 1. f. Number of off-street parking spaces existing: –540 spaces proposed: TBD 1. g. Maximum vehicular trips generated per day: and per hour: (upon completion of project) TBD—See Part III 11. h. If residential: Number and type of housing units (Not structures): 0 One Family Two Family Multiple Family Condominium Initial N/A N/A N/A N/A Ultimate N/A N/A N/A N/A If Non-residential, Orientation: Commercial X Industrial Neighborhood City Regional-- Estimated Employment 1. i. Total height of tallest proposed structure: 85 feet—allowed height. 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 or vegetation (trees. shrubs, ground cover) and how much will be 'removed from the site: N/A acres, what type? Proposed rezoning from CBD 60 to CBD 85 Page3 o 17 1 9/2003 4. Will any mature trees or other locally-important vegetation be removed by this project? 1N/A 5. Are there any plans for re-vegetation to replace that removed during construction? N/A 6. If single-phase project: YES --Rezone is single phase, however larger proposed project for this site consists of two phases. This review is for the rezone of the site. !Anticipated period of construction months, (including demolition) N/A 17. If multi-phased project 7. a. Total number of phases anticipated: 17. b. Anticipated date of commencement phase one month year, (including demolition) N/A 7. c. Approximate completion date of final phase month year. N/A 7. d. Is phase one financially dependent on subsequent phases? N/A 8. Will blasting occur during construction? N/A if Yes, explain N/A 9. Number of jobs generated: during construction after project is completed ". N/A 110.Number of jobs eliminated by this project: N/A Explain: N/A 11. Will project require relocation of any projects or facilities? No; if Yes, explain N/A 12. a. Is surface or sub-surface liquid waste disposal involved? No 12. b. If Yes, indicate type of waste (sewage, industrial, etc) N/A 12. c. 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? No 14. a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood plain? No 14. b. 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?—Project site is approximately 200' from Six Mile creek 114. c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 or the ECL? Yes No X 114. d. If Yes for a, b, or c, explain: N/A 15. a. Does project involve disposal or solid waste? If construction takes place at this site, then it will involve the disposal of solid waste. However, the action of rezoning the site does not include plans for solid wastes disposal. 115.b. If Yes, will an existing solid waste disposal facility be used? N/A 15. c. If Yes, give name: ; location: N/A 115. d. Will any wastes Not go into a sewage disposal system or into a sanitary landfill? N/A; if Yes, explain N/A 15. e. Will any solid waste be disposed of on site? Yes No X; if Yes, explain N/A 16. Will project use herbicides or pesticides? Yes No X ; if Yes, specify N/A Proposed rezoning from CBD 60 to CBD 85 Page4 o 17 1/9/2003 ■ I 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places?Or designated a local landmark or in a landmark district? Yes No X; if Yes, explain N/A 18. Will project produce odors? No if Yes, describe 19. Will project product operating Noise exceed the local ambient Noise level during construction?Any construction on this site may cause noise levels to exceed the local ambient noises, however, the action of rezoning the site does not approve any future construction. See Part III After construction? N/A 20. Will project result in an increase of energy use? No if Yes, indicate type(s) 21. Total anticipated water usage per day gals/day: N/A Source of water. 22. Zoning: 122. a. What is dominant zoning classification of site CBD-60 22. b. Current specific zoning classification of site? CBD-60 22. c. Is proposed use consistent with present zoning? No 22. d. If No, indicate desired zoning: CBD-85 23. Approvals: Council Adoption 23. a. Is any Federal permit required? No Specify: N/A 23. b. Does project involve State or Federal funding or financing? No If Yes, Specify 23. c. Local and Regional approvals: (Yes- Approval Submittal Approval Date No) Required (type) Date Council Yes Adoption BZA No P&D Board No Landmarks No BPW No Fire Department No Police No Department IURA No Proposed rezoning from CBD 60 to CBD 85 Paget o 17 1 9/2003 Building No Commissioner City of Ithaca Long Environmental Assessment Form ENVIRONMENTAL ASSESSMENT - PART 2 IMPACT ON LAND 1. Will there be an effect as a result of a physical change Small to Potential Can Impact to project site? --See Part III Moderate Large be Reduced by Impact Impact Change? Project Yes X No Im p p 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%. Construction on land where the depth to the water table is less than 3 feet. Construction of parking facility/area for 50 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one phase or stage. Evacuation for mining purposes that would remove more than 1,000 tons of natural material (i.e. rock or I soil)per year. 1 Construction of any new sanitary landfill. Clearcutting or removal of vegetation other than agricultural crops from more than one-half acre. Construction in a designated floodway. Permanent removal of topsoil from more than one-half acre. Other impacts: Allows for the possibility of a larger parking structure to be constructed. ` 2. Will there be an effect on any unique landforms Small to Potential Can Impact found on the site? (i.e. cliffs. eor2es. 2eoloQical Moderate Larue be Reduced Proposed rezoning from CBD 60 to CBD 85 Page6 o 17 1 9/2003 'formations, etc.) j Impact Impact by Project Yes No X I Change? ,Specific land forms: 1 3. Will there be an effect on any site designated as a unique natural area or a critical environmental area by a local or state agency? Yes No X IMPACT ON WATER 4. Will project affect any water body designated as Small to Potential Can Impact be protected? (Under article 15 or 24 of the Environmental Reduced by Conservation Law,E.C.L.) Moderate Large Project Yes No X Impact Impact Change? Dredging more than 100 cubic yards of material from channel of a protected stream. Construction in a designated freshwater wetland. Other impacts: 5. Will project affect any Non-protected existing or Small to Potential Can Impact be new body of water? --See Part III Moderate Large Reduced by Yes No X Impact Impact 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. Construction, alteration, or conversion of a body of water that exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver !Creek, Cayuga Lake or the Cayuga Inlet? Other impacts: i6. Will project affect surface or groundwater Small to Potential Can Impact be quality? Moderate Large Reduced by !Yes No X Impact Impact Project Change? Project will require a discharge permit. ;Project requires use of a source of water that does Not have approval to serve proposed project. Construction or operation causing any contamination of a public water supply system. Project will adversely affect groundwater. Proposed rezoning from CBD 60 to CBD 85 Pagel o 17 1 9/2003 Liquid effluent will be conveyed off the size to facilities which presently do Not exist or have inadequate capacity. Project requiring a facility that would use water in excess of 20,000 gallons per day or 500 gallons per minute. 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. Other impacts: DRAINAGE 7. Will project alter drainage flow, drainage Small to Potential Can Impact be patterns or surface water runoff? Moderate Large Reduced by Yes No X Impact Impact Project Change? Project would impede floodwater flows. Project is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts: IMPACT ON AIR Small to Potential Can Impact bE> 8. Will project affect air quality? --See Part III Reduced by Yes No X Moderate Large Project Impact Impact e?Chan g Project will induce 500 or more vehicle trips in any 8-hour period per day. Project will result in the incineration of more than 2.5 tons of refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs per hour or a heat source ;producing more than 10 million BTUs per hour. Other impacts: IMPACTS ON PLANTS AND ANIMALS 9. Will nroiect affect any threatened or Small to Potential Can Impact be Proposed rezoning from CBD 60 to CBD 85 Page8 o 17 1 9/2003 endangered species? Moderate Large Reduced by Yes No X Impact Impact Project Change? Reduction of any species listed on the New York or Federal list, using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year other than for agricultural purposes. Other impacts: IMPACTS ON PLANTS AND ANIMALS 10. Will project substantially affect Non- Small to Potential Can Impact be threatened or Non-endangered species? Moderate Large Reduced by Yes No X Impact Impact Project Change? Project would substantially interfere with any resident or migratory fish or wildlife species. Project requires the removal or more than 1/2 acre of mature woods or other locally important vegetation. Other impacts: IMPACT ON VISUAL RESOURCE 11. Will the project affect views, vistas or the visual character of the neighborhood or Small to Potential Can Impact be community? --See Part III Moderate Large Reduced by y' Impact Impact Project Change? Yes X No An incompatible visual effect caused by the introduction of new materials, colors, and or forms in contrast to the surrounding landscape. A project easily visible, Not easily screened, that is obviously different from others around it. Project will result in the elimination or major screening of scenic views known to be X important to the area. Proposed rezoning from CBD 60 to CBD 85 Page9 o 17 1/9/2003 Other impacts: IMPACT ON HISTORIC RESOURCES 12. Will project impact any site or structure of historic,prehistoric or paleontological Small to Potential Can Impact be importance? Moderate Large Reduced by Yes No X Impact Impact Project Change? Project 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. Any impact to an archaeological site or fossil bed located within the project site. Project occurring wholly or partially within or contiguous to any site designated as a local landmark or in a landmark district. Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will the project affect the quantity or Small to Potential Can Impact be quality of existing or future open spaces or Moderate Large Reduced by recreational opportunities? Yes No X Impact Impact Project Change? The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON TRANSPORTATION 14. Will there be an effect to existing Small to Potential Can Impact be transportation systems? --See Part III Moderate Reduced by Project Large Impact Yes No X Impact Change? Alteration of present patterns of movement of people and/or goods. Project will result in traffic problems. Project will result in [dual wheel] truck traffic (three axle or more) of more than 10 vehicles per eight-hour period per day. Proposed rezoning from CBD 60 to CBD 85 Page 10 o 17 1,9/2003 Other impacts: IMPACT ON ENERGY 15. Will project affect the community's Small to Potential Can Impact be sources of fuel or energy supply? Moderate Reduced by Project Yes No X Impact Large Impact Change? Project causing greater than 5% increase in any form of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. Other impacts: IMPACT ON QUALITY OF DAILY LIFE 16. Will there be objectionable odors, Noise, glare,vibration or electrical Small to Can Impact be disturbance during construction of or Moderate Potential Large Reduced by Project after completion of this project? --See Impact Impact Change? Part III Yes No X Blasting within 1,500 feet of a hospital, school, or other sensitive facility? Odors will occur routinely(more than one hour per day) Project will produce operating Noise exceeding the local ambient Noise levels for Noise outside of structure. Project will remove natural barriers that would act as a Noise screen. Other impacts: IMPACT ON HEALTH AND HAZARDS 17. Will project affect public health Small to Can Impact be and safety? Moderate Potential Large Reduced by Project Yes No X Impact Impact Change? Project will cause a risk of explosion or release of hazardous substances Proposed rezoning from CBD 60 to CBD 85 Paeel 1 o 17 1,9/2003 (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. Project 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.) Storage facilities for 50,000 or more gallons of any liquid fuel. 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. Other impacts: IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will project affect the character Small to of the existing community? --See Moderate Potential Can Impact be Reduced Part III Impact Large Impact by Project Change? Yes X No The population of the City in which the project is located is likely to grow by more than 5% of resident human population. The municipal budgets for capital expenditures or operating services will increase by more than 5%per year as a result of this project. The project will replace or eliminate existing facilities, structures, or areas of historic importance to the community. Development will induce an influx of a particular age group with special needs. Proposed rezoning from CBD 60 to CBD 85 Page12 o 17 1,9/2003 Project will set an important Y precedent for future projects. Project will relocate 15 or more employees in one or more businesses. Other impacts: 19. Is there public controversy Small to Potential Can Impact be Reduced concerning the project? Moderate Large Impact by Project Change? Yes No X Impact Either government or citizens of adjacent communities have expressed opposition or rejected the project or have Not been contacted. Objections to the project from within the community. 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. Determination Upon review of the information recorded on this EAF (Parts 1, 2, and 3) and considering both the magnitude and importance of each impact, it is reasonable determined that: A. The project will result in No major impacts PREPARE A NEGATIVE X and, therefore, is one which may Not cause DECLARATION significant damage to the environment. B. Although the project could have a significant effect on the environment, there will Not be a PREPARE A NEGATIVE significant effect in this case because the (DECLARATION mitigation measures described in PART 3 have been included as part of the proposed project. jC. The project will result in one or more major PREPARE A POSITIVE 'impacts that cannot be reduced and may cause DECLARATION, PROCEED WITH significant damage to the environment. EIS !Date: 1/2/2003 !Signature of Responsible Official in !Lead Agency !Print or Type name of Responsible Signature of Preparer(if different from Official in lead Agency: Alan J. Cohen responsible officer) Title/Position: Economic Development Planner Lead Agency's Name: City of Ithaca Proposed rezoning from CBD 60 to CBD 85 Page 13 o 17 I,9/2003 City of Ithaca Long Environmental Assessment Form—Part III Proposed Adoption-Economic Development Plan December 19, 2002 PROPOSED ACTION The action is a proposal to change the zoning designation of parcels 70.-4-5.2 and 70.-4-6 from CBD-60 to CBD-85, in order to create a transition zone between the adjacent CBD- 100 zone and the CBD-60 zone. As with all zoning changes, any projects proposed for this site must undergo a separate environmental review. The site in question, is currently being considered by the City of Ithaca as part of the larger Downtown Development Mixed-Use Project, which is a combined project including the Ciminelli Cornell Office/Hotel Project and the Cayuga Green Project. The Hotel/Office building is expected to increase the downtown parking demand significantly. In order to provide adequate parking for downtown, the Cayuga Green Project proposes to build two parking garages in a two-phase project. The first garage will be located just to the south of the Tompkins County Public Library. In order to accommodate the parking demand projections for the proposed downtown projects, as well as for anticipated future growth, phase two of the project proposes tearing down the existing Green Street parking garage and rebuilding a larger parking structure that could accommodate up to 1000 additional cars. However, should this project fail to materialize, this zoning change will have no effect on the allowable uses for this site, only on the allowable structure height. The land adjacent to the site on the south is zoned CBD 100, and the land adjacent to the north is zoned CBD 60, therefore it would make a transitional zone if the site were to be zoned CBD 85, which is an existing zone located in two sites adjacent to the Commons. The attached map shows the location of the proposed zoning change. ENVIRONMENTAL IMPACTS Impact on Land—Small to Moderate Impact This project may have a small to moderate impact on land, in that the zoning change will allow for a larger structure to be built at this location. The impact is not expected to be significant because the allowable uses for this site will not be changed. In addition, the site is being considered for a parking facility containing over 50 vehicles. This proposed structure is currently undergoing a separate environmental review, as part of the Downtown Development Mixed Use Project. This site currently contains a 443-space garage and the existing., as well as the proposed zoning, allows this use. The change in zoning will not change the allowed uses, but will only increase the allowable height by 15 feet. This height increase may allow for a larger garage to be built that can accommodate Proposed rezoning from CBD 60 to CBD 85 Page 14 o 17 1/9/2003 more cars that would not have fit within the existing zoning restriction. This would satisfy the projected parking demand for downtown that was determined in the Draft Environmental Impact Statement for the Downtown Development Mixed Use Project (DEIS). However, should the current plans change for this site, any other allowable CBD use could be built at this location and the zoning change would allow for a taller structure. Impact on Water—No Anticipated Impacts The rezoning of this site is called for as part of a larger Downtown Development Mixed Use Project. The larger project contains a site that is adjacent to Six Mile Creek. However, the site in question is approximately 200 feet from the creek at its closest point and the zoning change is not expected to have any direct impacts on the creek. Impact on Air—No Anticipated Impacts The action of rezoning this site is not expected to have an impact on air in the area, however, the current proposals for the Downtown Development Mixed Use Project, may have a small to moderate impact on air. If this project is not completed, future proposals will be individually reviewed. If approved the larger project is expected to induce 500 or more vehicle trips in any 8-hour day. As was reported in the Draft Environmental Impact Statement for the Downtown Development Mixed Use Project (DEIS), the full development conditions with mitigations throughout the network will be similar to future background conditions. The DEIS also notes that for AM conditions, the amount of fuel consumed, which is in direct relationship to air quality, will be less in the full development with mitigation scenarios than in the background conditions. This is to say that when compared with expected future growth, the proposed project is expect to make the system more efficient in the AM hour, thus decreasing air pollution generation. The PM hour only has a small increase in fuel consumed with the proposed project and mitigation as compared to the background conditions. The total stops and travel times within the system during the PM peak hour are projected to increase approximately 11% and the average speed will remain unchanged. Impact on Transportation—No Anticipated Impacts The action of rezoning this site is not expected to have an impact on transportation in the area, however, the current proposals for the Downtown Development Mixed Use Project, may have a small to moderate impact on transportation. If approved, the larger project is expected to increase traffic in the area surrounding the site to be rezoned. The DEIS for this project fully investigated the possible impacts of increased traffic as a result of this project, and recommended specific mitigation measures that would alleviate some of the adverse impacts to the area. Impact on Visual Resources—Small to Moderate Impact Although the zoning change should have little effect on important views, there may be an impact from having a taller building at this location. Currently, there is a garage located on this site that is not built to the maximum allowable height of the existing zoning. At present the adjacent housing has greenhouses on the southside of the residential units. If the existing building were to be built to the maximum allowable height, these greenhouses Proposed rezoning from CBD 60 to CBD 85 Page15 o 17 1;'9/2003 4- would be shielded. Therefore, the proposed zoning is no more impacting than that allowed by existing zoning. In addition, the visual impacts, as well as the impacts from shadows, of this zoning change were evaluated as part of the Draft Environmental Impact Statement of the Downtown Development Mixed Use Project (The DEIS). The DEIS found that the proposed height would be compatible with the heights of the surrounding buildings. The results of the shadow study found only small impacts from the increased height. The table below summarizes the findings of the shadow analysis completed as part of the DEIS. Summary of Shadow Study North of East Green Street Time Commons Center Ithaca Skylight Streets and Surrounding Buildings Winter 10 Shaded by Shaded by existing buildings. No Current condition unclear. Proposed AM Existing new shading from proposed garage. garage shades small portion _ Buildings. northeast corner City Hall. Winter 12 No new No shading currently or proposed. Noon shading Winter 3 PM from Small area of southwest corner of City Hall shades garage. proposed skylight may be shaded. Summer 9 garage. No change from existing conditions. May shade more of City Hall eastern AM windows. Summer 12 No change from existing conditions. Noon Summer 5 City Hall shades garage. PM Equinox 9 No change from existing conditions. Current condition unclear. Proposed _AM garage shades portion of City Hall. Equinox 12 No change from existing conditions. Noon Equinox 5 City Hall shades garage. PM Impact on Quality of Daily Life—No Anticipated Impacts The action of rezoning this site is not expected to have an impact on quality of daily life in the area, however, the current proposals for the Downtown Development Mixed Use Project, may have a small to moderate impact on quality of daily life. If approved, the construction of the new buildings will produce operating noise that exceeds the local ambient noise. However, these impacts are only expected to be small to moderate and should subside once construction on the project in complete. Impact on Growth and Character of the Community or Neighborhood—Small to Moderate Impact There may be a small to moderate impact on the Community, as with most zoning changes, this could set an important precedent for future projects. The impact is expected to be Proposed rezoning.from CBD 60 to CBD 85 Page16 o 17 1/9/2003 • small to moderate because there is no proposed change in the allowed use of the site. This zoning change is also expected to create a transitional zone for height in this area. The City's current plans for this site include the construction of an 80-foot tall parking structure. However, if this should change, any structure that is permitted under the current zoning could be built. The zoning change would only permit a slightly taller structure to locate on this site. Public Controversy—No Anticipated Impacts This zoning change was recommended as part of the larger Downtown Development Mixed Use Project, which is currently being reviewed in a Draft Environmental Impact Statement. To date there has been very little public comment received on this project and only two members of the public spoke at the scheduled public hearing. Therefore, it is not expected that this zoning change will result in public controversy. Proposed rezoning from CBD 60 to CBD 85 Page 17 o 17 1/9/2003 i CITY OF ITHACA "'A'' '' 108 East Green Street— 3rd Floor Ithaca, New York 14850-5690 (4 - I ,151 =p - DEPARTMENT OF PLANNING AND DEVELOPMENT A 0 H. MATTHYS VAN COAT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning Committee From: Jennifer Kusznir, Economic Development Planner Date: January 9, 2003 Subject: Revisions to the Sign Ordinance This memo is intended to provide information regarding the proposal to revise the existing City Sign Ordinance and the City Site Plan Review Ordinance. This committee reviewed the draft ordinance at its November meeting. After making the changes that were requested by the committee, an environmental review of the ordinance was completed and circulated boards and committees in December. Enclosed please find a copy of long environmental assessment form. The only written comments that were received were from the County Planning Department and are also enclosed in this packet. In response to the comments that were received, text was added to section 272-5 on page 7, and to section 272-9 on page 9. Additional verbal comments were received from alderperson Pat Pryor and Gary Ferguson and additional text was added in to the definitions section on page 1 and to section 272-14 on page 17. Added language is underlined and deleted language is crossed out. When the ordinance was discussed at the Planning Committee, it was recommended that there should be a cross-reference in the City Site Plan Review Ordinance, Chapter 276 of the City Code. Enclosed is a copy of the City Site Plan Review Ordinance with the added text that was requested by the committee. The Common Council, as lead agency, will consider adopting the new Sign Ordinance and added language to the Site Plan Review Ordinance. A public hearing on this matter has been advertised to be held at the regular monthly meeting of the Common Council on Wednesday, February 5th. A project schedule is also enclosed. No significant environmental impacts are anticipated as a result of this action, therefore a negative declaration of environmental impact is recommended. Enclosed for your consideration is a resolution for lead agency, a resolution of environmental significance, and a resolution for the adoption of the new language. If you have any questions on any of the enclosed materials, feel free to contact me at 274-6410. "An Equal Opportunity Employer with a commitment to workforce diversification." 0 1/9/2003 -Schedule for Revised Sign Ordinance and Site Plan Review Ordinance 1 Planning Committee Meeting 11/20/2002 Discussion of Changes X Circulate EAF for Comments and Distribute EAF mCAC Planning County 2 12/4/2002 CAC, Board, X GML Review Planning Commissioner,GML Review,etc. 4 CAC Meeting 1/13/2003 Discussion of changes X 6 Planning Board Meeting 1/14/2003 Discussion of changes X 3 Resolutions(neg dec.,dec.of lead agency,dec.to 7 Planning Committee Mailing 1/17/2003 adopt,),cover memo ordinance,and Full X Environmental Assessment Form,any comments 8 Notice of Public Hearing 1/21/2003 Legal Notice printed in Ithaca Journal 9 Planning Committee Meeting 1/22/2003 Discussion and Recommendation 3 Resolutions(neg dec.,dec.of lead agency,dec.to 10 Common Council Mailing 1/302003 adopt,),cover memo,ordinance,and Full Environmental Assessment Form,any comments 11 Common Council Meeting 2/5/2003 Public hearing/adoption of legislation Documents to be Comøleted X Proposed Sign Ordinance w/revisions X Site Plan Review Ordinance w/changes X EAF X Cover Letter X Resolution to declare lead agency X NegDec Resolution X Resolution to adopt revised ordinance Page 1 of 1 1/9/03 Draft Resolution: Declaration of Lead Agency for the Adoption of the Revised Sign ordinance 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 adoption of the revisions to the City Sign Ordinance is a "Type I" Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore,be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the revised City Sign Ordinance. q:lplanning\staffljenniferlsign ordinancelresolutionslresolution-lead agency.doc 01/09/03 1/9/03 Draft Resolution: Revisions to the City Sign Ordinance-Determination of Environmental Significance WHEREAS, the City of Ithaca is proposing to adopt a revised City Sign Ordinance, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Long Environmental Assessment Forms (LEAF), and WHEREAS, the revised City Sign Ordinance has been reviewed by the Tompkins County Planning Department Pursuant to §239-1—m of the New York State General Municipal Law, which requires all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is a Type I Action under the City Environmental Quality Review Act(CEQR Sec.176-12B), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, reviewed the LEAF prepared by planning staff and has determined that adoption of the revised City Sign Ordinance 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 Long Environmental Assessment Form, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. Q:IPLANNINGISTAFFWennifer\Sign OrdinancelResolutions\Resolution-Negdec.doc 1/9/03 Draft Resolution: Adoption of the Revised City of Ithaca Sign Ordinance WHEREAS, the intent of the City of Ithaca Sign Ordinance is to establish the guidelines for size, content, and setback requirements for which signs may be placed on private property within the City limits, WHEREAS, the guidelines of the ordinance are intended to address the needs of the growing community, while maintaining the desirable look and feel of the area, and WHEREAS, the City of Ithaca Common Council recognizes that the ordinance has not been revised in some time and many of the newer zones are not included in the language, and WHEREAS, staff from both the Planning and Building Departments reviewed the existing City Sign Ordinance over the course of several months and drafted the proposed ordinance, which includes all of the new City zones, as well as addressing concerns that were raised from the county Planning Department and the Planning and Economic Development Committee, and WHEREAS, staff also proposed minor text changes to the City Site Plan Review Ordinance, and WHEREAS, the draft ordinances were reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the required public hearing has been held for the adoption of the Plan on February 5, 2003, and WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on February 5, 2003, determined that the proposed action will not have a significant effect on the environment, and that further environmental review is unnecessary, and, now be it RESOLVED, That the City of Ithaca Common Council hereby adopts the revised City of Ithaca Sign Ordinance dated January 8, 2003 and accepts the minor text changes to the City Site Plan Review Ordinance. Q:IPLANNINGISTAFFWennifer\Sign Ordinance\Resolutions\Resolution-Adoption.doc Tompkins County DEPARTMENT OF PLANNING 121 East.Court Street Ithaca, New York 14850 Edward C.Marx,AICP Telephone (607) 274-5560 Commissioner of Planning Fax (607) 274-5578 December 11, 2002 Jennifer Kusznir, Economic Development Planner City of Ithaca 108 East Green Street Ithaca,NY 14850 Re: Review Pursuant to §239 -1 , -m,and-n of the New York State General Municipal Law Action: Revisions to City of Ithaca Sign Ordinance and added language to the City Site Plan Review Ordinance Dear Ms. Kusznir: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Depai talent pursuant to §239 -1, -m, and-n of the New York State General Municipal Law.The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-community or county-wide impacts. The County also offers the following comments for consideration: • Add portable and mobile signs, and billboards to the list of prohibited signs in section 272-5. Section 272-4 discusses the prohibition of these types of signs,but it may make it more clear to the reader if all prohibited signs are listed in section 272-5. • Clarify whether shopping plazas may have "one Freestanding Sign" or"additional freestanding sign structures"in section 272-7(B). • Add setback requirements for SW-1, SW-2, and SW-3 zoning districts in section 272-9. Please inform us of your decision so that we can make it a part of the record. Sincerely, C Edward C. Marx, AICP Commissioner of Planning CITY OF ITHACA _� 108 East Green Street— 3rd Floor Ithaca, New York 14850-5690 Ilf=_T riirTT1 ��imlii DEPARTMENT OF PLANNING AND DEVELOPMENT 4; "" ' H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 MEMORANDUM TO: Planning Committee of Common Council FROM: JoAnn Cornish, Deputy Director of Planning and Development DATE: January 15, 2003 RE: Revisions to City of Ithaca Sign Ordinance January 14, 2003, members of the Planning and Development Board discussed the proposed revisions to the City of Ithaca Sign Ordinance. In general, members were in agreement with the proposed changes. Members would like to suggest that language be added to Section 272-8. Temporary Signs (Page 13 of 22) that restricts the size (10 square feet maximum) and the length of time (5 days maximum) signs are allowed to remain on a property in a residential zone. The Board also suggests there be a limit to how many times per year a property in a residential zone can post a temporary sign. The Board suggests a maximum of ten times in one calendar year. In addition, the Board questions why one is not allowed to post temporary signs on fences as stated in Section 272-8. C. Temporary Signs, Time periods, (fourth sentence,page 13 of 22). "An Equal Opportunity Employer with a commitment to workforce diversification." 0 Pro )osal to rezone parcels ::0.4-5.2 and 70.-4-6 from CBD-60 to CBD-85 IF ------- . 1-_____.—J--- ____ }-- FAST Ill IFFAI,C) / I , . . CBD-60 1 i CBD-85 ) ; 1 CBD-60 CBD-140 CBD-140 CBD-85 _____ _ j_ ._ _ ____ EAST SENECA STILL:1:J(Ric 79) t STALE 1:'11:,79 ( 1 , 1 ■ ; CBD-140 jCBD-,140 — CBD-60 -• ' c ; . H , \ d , _ –t_—_ , 1 CB CBD-85 ] D-60 H )-1 The Commons I 1 I CBD-60 Center Ithaca , I I . 1 \ Rothschild Building I I 1 Proposed-CBD-85 City Existing Green Street Garage Hall , . i 70.-4-6 70.-4-5.2 -- ______------ EAST GREEN STREET_ , (----- ,1 j I:■1' 7 C o _ _L_ 0 1 0- 100 - -_ ,_ .. ,-.--)-'- -. -, . _----- , --- ..- – , a ---- . 0 L Proposed Area to be Rezoned — H --- _,- rn , Parcel Boundaries H ______________7.:__ Zoning District Boundaries _ CBD-60 C80-85 ■ , L,,4,, .....1C8D-100 1 ,-- '1,:i1,,;',.;•r•r ''._;.;.':'111' 4111■11 1-00081104 rptn 1 d(1 ........... ,.,a —--___-. _- ------—-- ——.___ Scale: 1" = 100' City of Ithaca Long Environmental Assessment Form Project Information by 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. 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. Name and Location of Project: Revision to the City Sign Ordinance and the Site Plan Review Ordinance Name and Address of Applicant: City of Ithaca Street: 108 East Green Street City/Town/Village: Ithaca State: N.Y. ZIP:14850 Business Phone: 607-274-6550 Name and Address of Owner Name (If Different): Street: City/Town/Village: State: ZIP: Business Phone: Type of Project: Revision to City Ordinance and the City Site Plan Review Ordinance Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION (Physical setting of overall project, both developed and undeveloped areas.) 1.Character of the land: Generally uniform slope Generally uneven and rolling or irregular X 2. Present Land Use: Urban X Industrial X Commercial X Public X Forest X Residential X Other: 1 3. Total area of project Citywide area: Approximate Area (Units in question 3 apply to this Presently After Completion section) a.Meadow or Brushland N/A N/A b. Wooded N/A N/A c.Agricultural [ N/A N/A d. Wetland(as per Articles 24 of ECL) N/A N/A e. Water Surface Area N/A N/A f. Public N/A N/A g. Water Surface Area► c 1 /A N/A h. Unvegetated (rock, earth or fill) N/A I N/A i.Roads,buildings and other paved surfaces N/A N/A j. Other(indicate type) N/A N/A 4a. What is predominant soil type(s)on project site?e.g. HdB,silty loam,etc. 4b. Percentage well drained: Moderately: well drained: Poorly drained: 5a.Are there bedrock outcroppings on N/A project site? 5b. What is depth of bedrock? (feet) N/A 5c. What is depth to the water table? (feet) N/A 6. Approximate percentage of proposed 0-10%: % 10-15%: % 15% or greater: project site with slopes: %N/A 7.Do hunting or fishing opportunities N/A presently exist in the project area? 8. Does project site contain any species of N/A plant or animal life that is identified as Identify each species threatened or endangered? 9.Are there any unique or unusual land N/A forms on the project site?(i.e., cliffs,other Describe: geological formations? 10. Is project within or contiguous to a site designated a unique natural area or critical Describe: N/A environmental area by a local or state agency? 2 11. Is the project site presently used by the N/A community or neighborhood as an open space or recreation area? 12. Does the present site offer or include N/A scenic views known to be important to the community? 13. Is project contiguous to, or does it N/A contain a building or site listed on or if Yes,Explain: eligible for the National or State Register of Historic Places? Or designated a local landmark or in a N/A local landmark district? 14. Streams within or contiguous to project a.Names of stream or name of river to which area: it is tributary: N/A 15. Lakes,ponds,wetland areas within or a.Name:N/A contiguous to project area: b. Size(in acres): 16. What is the dominant land use and Citywide—All zones zoning classification within a 1/4-mile radius of the project? (e.g. single family residential,R-la or R-1b) and the scale of development (e.g. 2 story) 17.Has the site been used for land disposal N/A of solid or hazardous wastes? if Yes,Describe: B. PROJECT DESCRIPTION 1.Physical dimensions and scale of project(fill in dimensions as appropriate)N/A 1. a. Total contiguous area owned by project sponsor in acres: or square feet: N/A 1.b.Project acreage developed: Acres initially: Acres ultimately: N/A 1. c. Project acreage to remain undeveloped: N/A 1.d. Length of project in miles: (if appropriate)or feet: N/A 1. e. If project is an expansion or demolition of existing building or use, indicate percent of change proposed: building square footage: developed acreage: N/A 1. f.Number of off-street parking spaces existing: proposed: N/A 1. g. Maximum vehicular trips generated per day: and per hour: (upon completion of project). N/A 1.h. If residential: Number and type of housing units(not structures): One Family Two Family Multiple Family Condominium 3 Initial N/A N/A N/A N/A Ultimate N/A N/A N/A N/A If non-residential,Orientation: Commercial X Industrial Neighborhood City Regional--Estimated Employment 1. i. Total height of tallest proposed structure: feet. 2, Specify what type of natural material(i.e.rock, earth, etc.):and how mnch,will be removed from the site: or added to the site. 3. Specify what type or vegetation(trees, shrubs, ground cover) and how much will be removed from the site: acres, what type? 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 months, (including demolition)N/A 7. If multi-phased project N/A 7. a. Total number of phases anticipated N/A 7. b. Anticipated date of commencement phase one month year, (including demolition) N/A 7. c. Approximate completion date of final phase month year. N/A 7. d. Is phase one financially dependent on subsequent phases? N/A 8. Will blasting occur during construction?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: N/A Explain: N/A 11. Will project require relocation of any projects or facilities? yes X No; if yes, explain a. Is surface or sub-surface liquid waste disposal involved?yes X No 12. b. If yes, indicate type of waste (sewage, industrial, etc) 12. c. 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 14. a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood plain? 2 14. b. Does project or any portion of project occur wholly or partially within or contiguous to: Cavuea Inlet Fall Creek. Cascadilla Creek. Cavusa Lake. Six Mile Creek. Silver 4 Creek? N/A 14. c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 or the ECL? Yes X No 14. d. If yes for a,b, or c, explain: 115. a. Does project involve disposal or solid waste?N/A 15.b. If yes,will an existing solid waste disposal facility be used? N/A 15.c.If yes, give name and location: N/A 15. d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? N/A if yes, explain: N/A 15.e.Will any solid waste be disposed of on site?N/A;if yes,explain N/A 16. Will project use herbicides or pesticides? N/A ; if yes, specify N/A 17. Will project affect a building or site listed on or eligible for the National,or State Register of Historic Places?Or designated a local landmark or in a landmark district?N/A; if yes,explain N/A 118. Will project produce odors? N/A; if yes, describe N/A 19. Will project product operating noise exceed the local ambient noise level during construction?N/A; After construction?N/A . 20. Will project result in an increase of energy use? N/A; if yes, indicate type(s) N/A 21.Total anticipated water usage per day gals/day. Source of water. N/A 22. Zoning: 22, a. What is dominant zoning classification of site? . 22. b. Current specific zoning classification of site? . 22. c.Is proposed use consistent with present zoning? 22. d. If no, indicate desired zoning . 123.Approvals: 23. a. Is any Federal permit required? No Specify N/A 23. b.Does project involve State or Federal funding or financing?No If Yes, Specify N/A 23. c. Local and Regional approvals: (Yes- Approval Submittal Approval Date Council Yes Adoption BZA No P&D Board No 5 . .•► P&D Board No Landmarks No BPW No Fire Department No Police No Department IURA No Building No Commissioner City of Ithaca Long Environmental Assessment Form ENVIRONMENTAL ASSESSMENT - PART 2 IMPACT ON LAND 1. Will there be an effect as a result of a physical Small to Potential Can pact change,to Project site? Moderate Large be Reduced Yes No X Impact Impact 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%. Construction on land where the depth to the water table is less than 3 feet. Construction of parking facility/area for 50 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or i [-------- nvolve more than one phase or stage. 6 ,•, Evacuation for mining purposes that would remove more than 1,000 tons of natural material(i.e. rock or soil)per year. r--- Construction of any new sanitary landfill. [-------- Clearcutting or removal of vegetation other than agricultural crops from more than one-half acre. 1----- Construction in a designated floodway. ' one-half Permanent removal of topsoil from more than one- acre. Other impacts: r-------- 2. Will there be an effect on any unique land forms Can Impact found on the site? (i.e.cliffs,gorges,geological Small to Potential be Reduced formations, et c 1 Moderate Large by Project *- Impact Impact by Yes No X Change? Specific land forms: 3.Will there be an effect on any site designated as a unique natural area or a critical environmental area by a local or state agency? Yes No X IMPACT ON WATER 4.will project affect any water body designated c d as Can Impact be protected? (Under article 15 or 24 or.the Environmental Small to Potential Reduced by Moderate Large . Project o pj Conservation Law,E.C.L.) r , Impact Impact Yes No X Change? Dredging more than 100 cubic yards of material from channel of a protected stream. i Construction in a designated freshwater wetland. 1------ Other impacts: F----- . Can Impact be 5. Will project affect any non-protected existing or Small to Potential Itedticed by new body of water? Moderate Large • Proiect Yes No X Impact Impact Chan'ge? 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. 7 Construction, alteration,or conversion of a body of water that exceeds 10,000 sq. ft. of surface area. r-------F---- Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga Lake or the Cayuga Inlet? Other impacts: I 6. Will project affect surface or groundwater Small to Potential Can Impact be quality? Moderate Large Reduced by Yes No X Impact Impact Project Change? Project will require a discharge permit. Project requires use of a source of water that does r------- not have approval to serve proposed project. Construction or operation causing any contamination of a public water supply system. Project will adversely affect groundwater. r------1---- Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Project requiring a facility that would use water in excess of 20,000 gallons per day,or 500 gallons per r_______ minute. 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 r------------ "`. conditions. Other impacts: r"--- DRAINAGE 7. Will project alter drainage flow, drainage Small to Potential Can Impact be patterns or surface water runoff? Moderate Large Reduced by yes X no Impact Impact Project Change? Project would impede flood water flows. Project is likely to cause substantial erosion. E------ Project is incompatible with existing drainage patterns. 8 Other impacts: 7"------ IMPACT ON AIR Small to Potential Can Impact -- 8. Will project affect air quality? be Reduced Moderate Large yes X no Impact Impact by Project Change? Project will induce 500 or more vehicle trips in any 8 hour period per day. Project will result in the incineration of more than 2.5 tons of refuse per 24 hour day,; ' r--------- Project emission rate of all contaminants will exceed 5 lbs per hour or a heat source producing more than 10 million BTUs per hour. Other impacts: 7-- IMPACTS ON PLANTS AND ANIMALS 9. Will project affect any threatened or Small to Potential Can Impact be Reduced endangered species? Moderate Large by Project Yes No X Impact Impact Change? Reduction of any species listed on the New York or Federal list, using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year other than for agricultural purposes. Other impacts: IMPACTS ON PLANTS AND ANIMALS 10. Will project substantially affect non- Small to Potential Can Impact be threatened or non-endangered species? ; Moderate Large Reduced by Yes No X Impact Impact Project Change? 9 Project would substantially interfere with any resident or migratory fish or wildlife species. Project requires the removal or more than 1/2 acre of mature woods or other locally important vegetation. Other impacts: IMPACT ON VISUAL RESOURCE 11. Will the project affect views, vistas or the Small to Potential Can Impact be visual character of the neighborhood or Moderate Large Reduced by community? Impact` Impact Project Change? Yes No X An incompatible visual effect caused by the introduction of new materials, colors, and/or forms in contrast to the surrounding landscape. A project easily visible,not easily screened, that is obviously different from others around it. Project will result in the elimination or major screening of scenic views known to be important to the area. Other impacts: IMPACT ON HISTORIC RESOURCES 12.Will project impact any site or structure Small to Potential Can Impact be of historic,prehistoric or paleontological Moderate Large Reduced by importance? Impact Impact Project Change? Yes No X Project 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. Any impact to an archaeological site or fossil bed located within the project site. Project occurring wholly or partially within or contiguous to any site designated as a local landmark or in a landmark district. 10 other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will the project affect the tquantity or Small to Potential Can Impact be tquality of existing or future open spaces or Moderate Large Reduced by recreational opportunities? Impact Impact Project Change? Yes No X The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. , Other impacts: IMPACT ON TRANSPORTATION 14.Will there be an effect to existing Small to Potential Can Impact be transportation systems? Moderate Large Reduced by Project Yes No X Impact Impact Change? Alteration of present patterns of movement of people and/or goods. Project will result in traffic problems. Project will result in [dual wheel] truck traffic (three axle or more) of more than 10 vehicles per eight-hour period per day. Other impacts: IMPACT ON ENERGY 15. Will project affect the community's Small to Potential Can Impact be sources of fuel or energy supply? Moderate Reduced by Project Large Impact Yes No X Impact Change? Project causing greater than 5% increase in any form of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. 11 Other impacts: IMPACT ON QUALITY OF DAILY LIFE 16. Will there be objectionable odors, noise, glare,vibration or electrical Small to Can Impact be disturbance during construction of or Moderate Potential Large Reduced by Project after completion of this project? Impact Impact Change? Yes No X Blasting within 1,500 feet of a hospital, school, or other sensitive facility? Odors,will occur routinely(more than one hour per day) Project will produce operating noise exceeding the local ambient noise levels for noise outside of structure. Project will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON HEALTH AND HAZARDS 17.Will project affect public health Small to Potential Large Can Impact be and safety? Moderate Impact Reduced by Project Yes No X Impact Change? Project 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. Project 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.) Storage facilities for 50,000 or more gallons of any liquid fuel. Use of any chemical for de-icing, soil 12 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. Other impacts: IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will project affect the character Small to Potential Can Impact be Reduced of the existing community? Moderate Large by Project Change? Yes No X Impact Impact The population of the City in which the project is located is likely to grow by more than 5% of resident human population. The municipal budgets for capital expenditures or operating services will increase by more than 5%per year as a result of this project. The project will replace or eliminate existing facilities, structures, or areas of historic importance to the community. Development will induce an influx of a particular age group with special needs. Project will set an important X precedent for future projects. Project will relocate 15 or more employees in one or more businesses. Other impacts: Establishes the sign ordinance for future projects 19. Is there public controversy Small to potential Can Impact be concerning the project? Moderate Reduced by Project Large Impact Yes No X Impact Change? 13 , Either government or citizens of adjacent communities have expressed opposition or Yes X no rejected the project or have not been contacted. Objections to the project from Yes no within the community. 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. Determination Upon review of the information recorded on this EAF (Parts 1, 2, and 3) and considering both the magnitude and importance of each impact, it is reasonable determined that: A. The project will result in no major impacts PREPARE A NEGATIVE and,therefore, is one which may not cause DECLARATION X significant damage to the environment. B. Although the project could have a significant effect on the environment, there will not be a PREPARE A NEGATIVE significant effect in this case because the DECLARATION mitigation measures described in PART 3 have been included as part of the proposed project. C. The project will result in one or more major PREPARE A POSITIVE impacts that cannot be reduced and may cause DECLARATION, PROCEED WITH significant damage to the environment. EIS Date: 12/3/2002 Signature of Responsible Official in Lead Agency Print or Type name of Responsible Signature of Preparer(if different from Official in lead Agency: Alan J. Cohen responsible officer) Title/Position: Economic Development Planner Lead Agency's Name: City of Ithaca 14 CODE OF THE CITY OF ITHACA,NEW YORK, v8 Updated 9-25-2002 PART H GENERAL LEGISLATION Chapter 276, SITE PLAN REVIEW § 276-7. Project review criteria. § 276-7. Project review criteria. A General criteria: (1) Avoidance or mitigation of any negative environmental impacts identified in the environmental review. The following shall be emphasized in particular: (a) Erosion, sedimentation and siltation control. (b) Protection of significant natural features and areas, including but not limited to trees, views, watercourses or bodies of water and land forms, on or near the site. The protection of existing mature vegetation, especially trees over eight to 12 inches DBH (diameter- breast-height) may be required unless a justification for their removal can be made by the applicant. (c) Protection of, and compatibility with, other nearby features and areas of importance to the community, including but not limited to parks, landmarks, neighborhoods and historic districts. (2) Compliance with all other regulations applicable to the development. These include, but are not limited to, the Zoning Ordinance, Sign Ordinance, Subdivision Regulations, Landmarks Preservation Ordinance, Exterior Property Maintenance Ordinance and Environmental Quality Review Ordinance of the City of Ithaca, EN and the State Environmental Quality Review Act.EN [Amended 6-13-2001 by Ord. No. 2001-8] (3) Improvement of the visual quality of the site and its vicinity through: (a) The presence of a perceivable form and order in the basic layout of the major landscape elements. (b) The proper and effective use of landscape architectural elements such as plantings, land forms, water features, paving, lighting, including the location and appearance of proposed signage.ete. (c) An appropriate arrangement, form, scale,proportion, color, pattern and texture of buildings and other site improvements. (d) An appropriate relationship between the proposed development and the nearby streetscape and landscape. (4) Adequate stormwater management. Calculations of the existing and estimated increased loads on the system may be required. (5) Adequate wastewater and sewage disposal facilities. Calculations of the existing and estimated increased loads on the system may be required. (6) Adequacy of fire lanes and fire and emergency access and the availability of fire hydrants. (7) Safe arrangement of vehicular access, circulation, intersections and traffic controls. Analysis of the project's impact on parking and traffic may be required. (8) Safe and convenient pedestrian and bicycle access and circulation, and provision of bicycle racks when appropriate. (9) Handicap accessibility of buildings, pathways and parking. (10)Open space for play areas and informal recreation in the case of a residential development. . A. , (11)Conformance to any adopted urban design plan or comprehensive plan relevant to the proposed site. (12)For new construction of multiple dwellings, commercial buildings and office buildings, adequate and appropriately located facilities for the storage and collection of solid waste and recyclable materials shall be required. Developers of new commercial and mixed-occupancy buildings must design a waste management system that can support the needs of any allowable use in the building, including those uses that could result in maximum garbage generation. Screening of these facilities, as well as other actions relating to the appearance of the facilities, maybe required. [Amended 6-13-2001 by Ord. No. 2001-8] (13)Shielding of noise from mechanical equipment and other sources to the extent reasonably practicable. B Criteria for plant materials and maintenance. All projects shall provide for adequate types and arrangements of landscaping, both to enhance the site and to complement the architectural components of the development and to screen or buffer adjacent uses in public ways. Where possible and reasonable, trees shall be planted in a strip adjacent to the road. The City Forester shall, when appropriate, be consulted regarding specifications governing tree species, size, spacing and method and location of planting. Appropriate guaranties for tree health may be required. Where possible and reasonable, any trees greater than 10 inches in diameter at breast height of desirable species and in good health and sound structure, as determined by the City Forester, should be retained on the site and protected during development per the requirements of§ 306-7B of Chapter 306, Trees and Shrubs. (1) Deciduous trees shall have a caliper of at least 21/2 inches at the time of planting. Size of evergreen trees and shrubs shall be allowed to vary depending on location and type of plant material (species). (2) Only nursery-grown plant materials shall be acceptable. All trees, shrubs and ground cover shall be planted according to the accepted standards of the American Association of Nurserymen. (3) Dead, dying and/or seriously damaged plant materials shall be replaced, by the owner, within a reasonable time period during the current (or immediate next) planting season. Any other damaged or missing elements, including but not limited to fences, bollards, signs, shrubs, street furniture, etc., of the approved plan must be similarly replaced by the owner. This will assure that landscaping remains in compliance with the final site plan as approved by the Planning and Development Board. (4) Notwithstanding any provision in this chapter or any other City ordinance or regulation to the contrary, an approved site plan may not be modified without express written approval of the Board of Planning and Development except as approved by the Building Commissioner upon consultation with the Director of Planning and Development as specified herein above. C Criteria for parking areas where applicable. The general criteria in Subsection A shall apply also to parking area development. These are intended to be minimum criteria. The Board may make such additional reasonable stipulations as it deems appropriate to carry out the intention of this chapter. The following criteria shall apply(see accompanying illustration EN): (1) There shall be screening with a minimum five-foot-wide planting area or fences between a parking area and adjacent properties and public ways, except where there is parking that is shared by more than one property or where commercial properties abut. In such cases the Board may require landscaping as it deems appropriate. (2) In parking areas a minimum of 12% of the interior ground area (i.e., excluding any peripheral planting area) shall be planting areas that include trees with a potential mature height of at least 50 feet and a caliper of at least 21/2 inches at the time of planting. (3) Interior planting areas shall be a minimum of 80 square feet with no dimensions being less than eight feet. The planter shall be curbed and have a minimum three-foot-deep excavation. (4) The City Forester and the Shade Tree Advisory Committee shall be consulted in plant species selection and planting soil specification. .. DRAFT --Chapter 272 SIGNS §272-1. Purpose and intent. The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types. It is intended to improve communications within the community, to protect property values, to create a more attractive economic and business climate, to enhance and protect the physical appearance of the community, to preserve the scenic and natural beauty of designated areas and to provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, to provide more open space and to curb the deterioration of natural beauty and community environment. § 272-2. Title. This chapter shall hereafter be known and cited as the "Sign Ordinance of the City of Ithaca." § 272-3. Definitions. As used in this chapter,unless otherwise expressly stated, the following terms shall have the meanings indicated: AWNING–An overhead structure attached to a building wall and that consists of fabric or other material covering a frame extending at least twelve inches (12") from the face of a building. BANNER SIGN A temporary sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind A. ADVERTISEMENT BANNER—Any banner containing intended to act as signage to advertise a specific business or the sale of a specific product. B. DECORATIVE BANNER--Cloth banners designed for long-term use that are not intended to act as signage to advertise a specific business or the sale of a specific product. Decorative banners may, however contain sponsor tags, if they are part of a formally approved program by the public art commission. BILLBOARD -- Any freestanding sign that advertises business conducted, services provided or products sold on properties other than the property on which the sign is erected. Q:\PLANNINGISTAFFIJennifer\Sign Ordinance\Siqn Ordinance-WORKING DRAFT.doc!:. • • _ _ • .-••• - _: e :'•-•. _ .• Ordinance WORKING DRAFT.doc Page 1 of 2222 r x. BUILDING SIGN [Added 8-3-1977 by Ord. No. 77-8] -- Any sign erected on any part of a building or structure or on a sign structure attached to a building. For the purposes of this chapter, a freestanding sign or sign structure, any part of which is less than five feet away from a building or structure on the same premises, shall be considered a building sign. Building signs are further defined as follows: A.–AWNING SIGN – A sign that is painted, printed, or stenciled onto the surface of an awning.WALL SIGN A sign fastened, painted or otherwise erected on the wall of a building so that the wall becomes the sign's supporting structure and wholly or B.CANOPY SIGN – A sign that is painted, printed, or stenciled onto the surface of a canopy C. WINDOW SKIN A pem • u . . .. . - . D. FASCIA SIGN -- A sign erected or painted on the horizontal fascia or eave trim of a roof, including signs in the filled-in portion of any roof gable. Such signs shall not extend beyond any edge of the surface on which they are mounted. A. PERMITTED ROOF SIGN -- A sign erected on the roof of a building or structure in such a manner that, when viewed from any public right-of-way giving access to the premises, no part of the sign or its supporting structure projects above the roof ridge, beyond its hips or edges nor below the eave line nor more than 18 inches beyond the plane of the wall below. Roof signs are permitted provided they do not extend four(4) feet beyond the height of the lowest portion of the roof. B. WALL SIGN -- A sign fastened, painted or otherwise erected on the wall of a building so that the wall becomes the sign's supporting structure and wholly or partially forms its background. C. WINDOW SIGN -- A permanent sign affixed to a window surface or in front of or behind a window in such a manner that the window acts as its frame or background. CANOPY—A canopy is a roof-like structure that shelters a drive lane use such as,but not restricted to, a gasoline pump island. A canopy is open on two or more sides and maybe supported by either columns or by being attached to the building to which it is accessory. DIRECTIONAL SIGN--A small sign, usually ground-mounted sign, whose purpose is to direct traffic safely into and out of a premises. Any directional signs that are affixed to an exterior wall of the building will be considered building signs and will be calculated as part of the total allowable building signage.-See Section 272-6(A)4. [Added 8-3-1977 by Ord. No. 77-8] Q:IPLANNING\STAFFIJennifer\Sign Ordinance\Sign Ordinance-WORKING DRAFT.doc Page 2 of 22 y FREESTANDING SIGN [Amended 8-3-1977 by Ord. No. 77-8] -- Any sign or sign structure not attached to the exterior of a building or other structure and no part of which extends closer than five feet to such building or other structure on the same premises. Freestanding signs or sign structures, any part of which is closer than five feet to a building or other structure on the same premises, shall be classified as building signs. Freestanding signs are further defined as follows: A. POLE SIGN -- A sign or signs mounted on a freestanding sign structure consisting of one or more poles, columns or piers, none of which supporting members shall exceed 18 inches in any horizontal dimension between two feet and eight feet above grade level. B. GROUND-MONUMENT SIGN -- A sign or signs mounted, painted on or a fastened to a freestanding wall, pier or other sign structure, of which any horizontal dimension of a structural member exceeds 18 inches between two feet and eight feet above grade level. FRONT OR FACE OF A BUILDING-- The outer surface of a building, including the outer and inner surface of windows thereon, visible from any private or public street or highway. HISTORIC SIGN-- An existing exterior sign erected prior to 1950 which may or may not refer to an occupant,business, service or product currently or previously existing or offered on the premises on which the sign is located or within the city. Historic signs shall not be limited to sites designated as local landmarks. Historic signs are distinguished by one or more of the following characteristics: design; decorative character; age; historic relationship to persons, places, activities or products of the city; or their representation of early advertising techniques or sign technology, including the use of materials, techniques and devices no longer in common use for signage, such as but not limited to Carrara glass,painting directly on building surfaces and exposed neon tubing. The term shall include reproductions of original signs as provided further in § 272-16 below. [Added 7-11-1979 by Ord. No. 79-7] ILLUMINATED SIGN--Any sign illuminated by electricity, gas or other artificial light, including but not limited to reflective or phosphorescent light originating from outside the body of the sign or from within or behind it. INFORMATIONAL SIGN-- A ground-mounted sign whose purpose is to inform the public of safety hazards, of property use regulations or of the location of specific activities on the premises. Any informational signs that are affixed to an exterior wall of the building will be considered building signs and will be calculated as part of the total allowable building signage. [Added 8-3- 1977 by Ord. No. 77-8] LIGHTING DEVICE -- Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign face from the exterior or to illuminate a sign from its reverse side. MURAL--A picture, design or decorative treatment painted on or otherwise affixed to and covering a large portion of a wall surface, and shall include sculpture and sculptural treatments of Q:IPLANNING\STAFF\Jennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 3 of 22 solid elements for the purpose of this definition. Murals may be erected on any wall of a structure. Signage and advertising may be erected in conjunction with murals. Murals erected in conjunction with signage shall not be considered signs for the purpose of this chapter if such murals are clearly separate from the signage and the content and design of the mural does not overtly represent specific goods, services or activities offered for sale. Generalized depictions of types of goods; commonly used symbols other than trademarks,brand names and logos; and scenes which do not specifically illustrate commercial activity may be allowed in murals. Graphic,pictorial or representational material which is clearly subordinate to signage, which is contained within a sign or which forms a design element integral to a sign shall be considered to be signage rather than a mural and shall be counted as part of the signage for the premises on which it is located. [Added 9-1-1982 by Ord. No. 82-7] PORTABLE SIGN or MOBILE SIGN-- [Amended 8-3-1977 by Ord. No. 77-8] Any sign or sign structure, other than a window sign, that is not permanently affixed to a building, structure or the ground,but not including advertising on motor vehicles. PROJECTING SIGN-- Any sign that projects from the exterior of any building. _ . . ► n • . .. •.. an area or areas of land totaling at least one acre in area used by the public as the means of access motor vehicles of customers and patrons of stares and business establishments on such premises. Shopping Plaza—Any group of two or more stores which share a common vehicular entrance or entranceways and common off-street parking. : - - . . • . - • . . . . !,!!! SIGN [Amended 9-1-1982 by Ord. No. 82-7] -- Any material, symbol, emblem, structure or device, or part thereof, composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including exterior and interior window surfaces, for display of an advertisement, announcement,notice, directional matter or name, and includes sign frames,billboards, signboards,painted wall signs, hanging signs, illuminated signs,pennants, fluttering devices, projecting signs or grounds signs, and shall also include any announcement, declaration, demonstration, display, illustration nor insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public. A. The term "sign" includes signs related and unrelated to a business or profession or to a commodity or service sold or offered upon the premises where such sign is located. This section shall not be construed to include interior window signs which are not permanently affixed to the interior of a window or interior of a structure and which are not self-illuminated. The term shall not include murals, as defined elsewhere in this section, except as further provided below. Q:IPLANNING\STAFF\Jennifer\Sign Ordinance\Sign Ordinance-WORKING DRAFT.doc Page 4 of 22 B. For the purposes of this chapter, the term "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation, nor does it include flags, emblems or symbols of a nation, governmental body or school, nor memorial tablets or historical markers, nor does it include posters or signs of a temporary nature erected or placed for a period of not more than 30 days as provided in § 272-7, nor does it include murals, as defined above. SIGN AREA --The surface area of a sign that is within view of a public right-of-way, visible from any one point of view. For measurement purposes, the sign surface area shall be calculated as follows: A. For rectangular wall signs: that area of the smallest rectangle that can be placed over the entire sign, including its lettering, pictorial matter or devices, frame and decorative moldings along its edges and background, if of a different color than the predominant color surrounding the sign. [Amended 8-3-1977 by Ord. No. 77-8] B. For irregular wall signs: that area defined by the edges of the sign, including all lettering, pictorial matter or devices, frame and decorative moldings and background, if of a different color than the predominant color surrounding the sign. [Amended 8- 3-1977 by Ord. No. 77-8] C. For letters, pictorial matter or devices not attached to frames or freestanding: that area defined by the smallest rectangle or rectangles that can be placed over any series of letters pictorial matter or devices which can be considered as a unit. In the event that both uppercase and lowercase letters are used, the area shall be defined by the smallest rectangles that can be placed over the series of lowercase letters plus the area of the smallest rectangles that can be placed over the individual uppercase letters. In the event that a letter or letters or other pictorial matter is placed as a separate unit on background boards, the sign area shall be calculated as the sum of the areas of the background boards. In the case of a flat or two-sided freestanding sign, the sign area is considered to be the entire surface area of one face of the sign. [Amended 8-3-1977 by Ord. No. 77-8] D. For freestanding double-faced signs: the area of one entire side of the sign calculated as above. E. For multiple-sided signs: the maximum area visible from any one point of view. F. For signs on other than flat surfaces: the maximum actual surface area visible from any one point of view. SIGN STRUCTURE -- Any structural framework or base intended to support a sign or signs, but not including the sign, sign frame or background. Sign structures whose separate nature and purpose as support for signage is apparent shall not be counted as part of the sign area permitted Q:\PLANNING\STAFF\Jennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 5 of 22 by this chapter,but any sign structure or portion thereof which,by shape,material, color or other means, serves as a sign box, frame or background or which serves to identify the premises, its proprietors or owners or the products, services or activities provided on the premises shall be considered a sign as defined above. [Added 8-3-1977 by Ord. No. 77-8] TEMPORARY SIGN—Any sign constructed of cloth,paper, canvas, plastic or light fabric, wallboard or other light, impermanent material with or without frames intended to be displayed for a limited period of time only. Any sign fabricated of paper,plywood, fabric, window .. . . [Added 8-3-1977 by Ord. No. 77-8] TO ERECT -- To build, construct, alter, display, relocate, attach, hang,place, suspend, affix or maintain any sign, and shall also include the painting of exterior wall signs. § 272-4. General regulations. [Amended 8-3-1977 by Ord. No. 77-8] The prohibitions contained in this section shall apply to all signs and all use districts, regardless of designation, of the City of Ithaca, unless otherwise provided herein: A. Illuminated signs. Any illuminated sign or lighting device shall employ only lights emitting constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or therefrom to be directed or beamed upon a public street, highway, sidewalk, navigable waterway or air corridor or premises adjacent to any of these so as to cause glare or reflection that may constitute a traffic hazard or nuisance. BA. Projecting signs. No sign shall be erected or maintained in which any portion of the sign or its supporting structure projects a horizontal distance of more than 18 inches from the surface to which the sign or sign structure is attached, except as provided in § 272-15 below. [Amended 7-11-1979 by Ord. No. 79-7] GB. Overhead signs. No sign shall be supported or attached, wholly or in part, over or above any wall,building or structure, except as otherwise provided in § 272-5B(4) for canopy, marquee or awning signs, which may not project beyond any edge of the building or structure to which the awning, canopy or marquee is attached, and except as otherwise provided for ground signs and sign structures and for permitted roof signs. -DC. Portable, mobile and temporary signs. No portable or mobile sign shall hereafter be permitted on any premises in the City of Ithaca. Temporary signs shall be permitted as provided in § 272-7. ED. Banners, pennants, etc. No sign or part thereof shall contain or consist of banners, posters, I pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. Said devices, as well as strings of lights, shall not be used for the purposes of Q:IPLANNINGISTAFFIJennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 6 of 22 advertising or attracting attention, except as hereinafter provided in § 27248. Such devices shall be totally prohibited in-B-5, SW-1, SW-2, SW-3, WEDZ-la, B-5 Zones as provided in § 272-15. FE. Billboards. No billboard shall hereafter be erected in any part of the City of Ithaca, nor - . , purpose, except as provided in § 272 15. All existing billboards shall be removed by August 31, 1979, as provided in § 272 15._ 272-5.Prohibited signs. T he following signs shall be prohibited in all zones of the city: (1)Any sign which violates any provision of law or code of the State of New York or of the United States; (2)Any sign which obstructs a door,fire escape or building opening intended for light, air or access to a building; (3)Any sign of which all or any part is in motion by any means, including fluttering, rotating or other moving signs set in motion by movement of the atmosphere; (4)Any sign displaying flashing or intermittent lights or lights changing degrees of intensity, except a sign indicating time or temperature, with changes alternating on not more than five-second cycles when such time or temperature sign does not constitute a public safety or traffic hazard in the judgment of the City[building commissioner; provided, however, that no such sign shall be permitted in any historic district; (5)Any sign that obscures a sign displayed by public authority for the purpose of giving traffic instructions or direction or other public information; (6)Any sign that uses the words "stop," "danger," "slow,"4'caution," "warning, " "yield," "go,"or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger, or which is likely to be confused with any sign displayed by public authority or any sign that imitates or resembles an official traffic sign or signal, except for private, on premise directional signs. (7)Any sign or illumination that causes any direct glare into or upon any building other than the building to which the sign may be related, or any sign whose level of intensity exceeds the average ambient levels in the immediate area; (8)All displays which are not shielded to prevent any light to be directed at oncoming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such manner as to interfere with or obscure an official traffic sign or signal. (9) Any billboards or portable or mobile signs. § 272-65. Signs permitted in all districts. Q:IPLANNING\STAFF\Jennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 7 of 22 A. [Amended 8-3-1977 by Ord. No. 77-8] Permit not required. The following signs are permitted in any use district without a permit, as noted: A. Signs temporarily advertising the sale, lease or rental of the premises upon which the sign is located,which signs shall not exceed 16 square feet in area, except in residential districts,where said signs shall not exceed five square feet. B. Any temporary political posters. C. Nameplates, not self-illuminated, denoting the names and/or address of the occupants of the premises, not exceeding 144 square inches per occupant. (4) Signs denoting the architects, engineers and/or contractors placed on premises where construction, repair or renovation is in progress,not exceeding one sign per premises and not exceeding 80 square feet in area;provided, however, that such signs shall be removed immediately upon completion of the project_or after a issued for said project, whichever may come first. (5) Directional entrance/exit signs on premises, each not exceeding six square feet in area, except in B 5,_Districts. Directional signs in B 5 Districts may not exceed four square feet in area,nor three feet in height from grade, and no part of such signs or supporting structures may extend closer than 18 inches to any public right-of-way. One each "in" and "out" signs are permitted per curb cut serving premises in B-5, SW-1, SW-2, and SW-3 Districts, and the "in" sign may bear one word or symbol identifying the business (such as "Smith's" or "Gulf') occupying the premises in lieu of"in," "enter," etc.,which identifier may not cover more than 25% of the total area of the directional sign. Gasoline service stations in B 5 directional sipms. Such informational signs shall be permitted in addition to the restrictions on location and on total sign area as specified in §§272 5B(2) and than l 0 feet nor less than eight feet above grade. (6) Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies, which signs or bulletin board shall not exceed 25 square feet in area and shall be located on the premises of such institutions. (7) Murals. [Added 9-1-1982 by Ord. No. 82-7] (a) Where any part of a mural will be visible from a public way, a description_ and a drawing of the proposed mural shall be submitted to the Building Commissioner for a determination as to whether such mural, or any part thereof, Q:\PLANNINGISTAFFIJennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 8 of 22 would constitute signage within the meaning of the definitions of"mural" and "sign" in § 272-3 above. The description submitted shall fully explain the proposal in terms of size, location on the property, graphic/pictorial content and relationship to any signage existing or proposed for the property to aid the Building Commissioner in making his/her determination. (b) Upon receipt of a proposal for a mural for any property subject to the provisions of Chapter 325,Zoning, § 325-42, Design review, or Article VIII, Courthouse Special Use Zone, or Chapter 228,Landmarks Preservation, of this Code or facing such property, the Building Commissioner shall notify the Design Review Board and/or the Landmarks Commission, as applicable, for their information and any appropriate action and shall so inform the applicant. (c) Upon determination by the Building Commissioner that a proposed mural does not constitute signage,murals not subject to further review as indicated above may be erected without permit or fee. Murals or any part thereof which are determined to be signage shall be subject to the provisions of this chapter for signs. B. Permit required. The following signs are permitted in any use district but require a permit as provided herein: (1) Any sign advertising the name of a building or a commercial enterprise, including real estate developments or subdivisions, permitted in a district zoned residential by any zoning regulation shall not exceed five square feet in area and shall advertise only the name of the building, owner, trade names,products sold and/or the business or activity conducted on the premises where such sign is located, provided that no more than one sign shall be allowed for each such residential, business or commercial activity conducted on the premises, and it shall in all respects conform to the provisions of this chapter respecting signs permitted for establishments in business districts. (2) A sign or notice having an area of 15 square feet or less of a public utility, direction, information or safety of the public in any zone except B 5 Zones. In B 5 closer than 18 inches to any public right of way or to the edge of any vehicular , - - - • [Amended 8 3 1977 by Ord. No. 77 81 Q:IPLANNINGISTAFFIJennifer\Sign Ordinance\Sign Ordinance-WORKING DRAFT.doc Page 9 of 22 (3) For any place of business in any zone except the SW-1, SW-2, SW-3, WEDZ-la, B-5, I-1, or the M-1-zone B-5-,--not more than one freestanding sign or structure erected for the purpose of advertising a business,products and/or services that is equal to one and one half(1.5) square feet of signage to every one (1) linear foot of store frontage,provided that such sign does not exceed a maximum area of 50 square feet and a maximum height of 30 22 feet from ground level to the top of said sign and structure, including framework-In lieu of one freestanding sign a business is allowed two wall signs. Such wall signs shall not exceed a total of 50 Square feet.In B 5 Zones, each individual business on a separate lot may be more than 100 square feet of signage and neither of which may be more than 22 feet high. Each shopping center may be permitted one freestanding sign or sign structure bearing a total of not more than 150 square feet of signage and which may not exceed 22 feet in height. (See also § 272 6B.) (4) Signs on the front or sides or affixed to the top edge or bottom surface of a marquee, canopy, awning or sunscreen. Such signs shall be counted as part of the total area and number of signs permitted the premises under this chapter and shall be subject to computation of area and payment of fees as covered in this chapter. Such signs shall not project more than 18 inches from the surface to which they are attached nor extend beyond any edge of such surface, except that signs affixed to the top edge of a marquee or similar structure shall not project beyond the front of the side face above which it is mounted; and except further that such marquee signs may be more than 18 inches tall,provided that they do not project visually above the top of the building facade or roof ridge when viewed from the public right-of-way. Signs affixed to the underside of a marquee or similar structure shall maintain a clearance of at least seven feet above grade or sidewalk level and shall not project more than 4 feet from the building. [Added 8-3-1977 by Ord. No. 77- 8] (5) Encroachments. Signs may be mounted on structures or portions of structures which form encroachments,provided that if such signs form an additional encroachment, they shall be subject to the provisions of Chapter 170, Encroachments, of this Code in addition to the payment of required sign permit fees. [Added 8-3-1977 by Ord. No. 77-8] (6) Historic signs, as provided further under § 272-15 below. [Added 7-11-1979 by Ord. No. 79-7] § 272-67. Signs permitted in the SW-1, SW-2, SW-3,WEDZ-la, B-5 and M-1 zones• . •. . , •. . . . • . • . A. In districts zoned SW-1, SW-2, SW-3, WEDZ-la, B-5, I-1, or M-1. Q:\PLANNING\STAFFIJennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 10 of 22 business, industrial or marine by the Zoning Ordinance of the City of Ithaca,New York, EN no signs shall be erected or maintained, except as follows: (1) Permitted signs. A. Freestanding businesses may have one freestanding sign not to exceed one half(.5) a square foot to ever, one (1) linear foot of the building frontage occupied by the business and not to exceed 75 square feet in area, a width of twelve (12)feet, and not to exceed a max height of twenty-two (22)feet, including the framework. In addition the freestanding business may have one Building Sign not to exceed one and one half(1.5) square feet of sign to every one (1) linear foot of building frontage or of building frontage occupied by each business conducted on the premises, the total of both signs not to exceed a total area of two-hundred and fifty (250)square feet. B. Shopping Plazas may have one Freestanding Sign Structure located on the property at a location to be approved by the Planning and Development Board as a part of the site plan review process, in accordance with Section 276-7(3)b of the City Code. Shopping Plazas will be entitled to additional freestanding sign structures, whose number and location at street frontage or intersections is to be determined during site plan review by the Planning and Development Board. No freestanding sign structure shall exceed a maximum height of thirty (30)feet and maximum sign area width of twelve (12)feet. Each individual business within a shopping plaza is entitled to a max sign area on the freestanding structure of one half(.5) a square foot of sign to every 1 linear foot of the building frontage occupied by that business. In addition each business within a shopping plaza may have Building Signs that do not exceed one and one half(1.5)square feet of sign to every one (1) linear foot of building frontage occupied by the business and a not to exceed total area of two-hundred and fifty (250) square feet. See section 272-8 for setback bonus information. One freestanding sign not exceeding 50 square feet in area, including framework, .. . . attached,painted on or applied to the front or face of a structure or building, which sign shall not exceed 11/2 square feet for each linear foot of structure or building frontage occupied by each business conducted on the premises, the total area of both signs not to exceed 250 square feet; or (b) Two signs attached, painted on or applied to the front or face of a structure feet for each linear foot of structure or building frontage occupied by each exceed 250 square feet. Q:IPLANNING\STAFF\Jennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 11 of 22 3 (2) [Added 8 3 1977 by Ord. No. 77 8] In B 5 Zones, one of the following: (a) One freestanding sign or sign structure and one sign on the building; (b) Two signs on the building; or (c) Two freestanding signs or sign structures, except in the case of shopping centers, which shall be permitted only one freestanding sign/sign structure. [1] The combined total area of such signs shall not exceed the Square Foot of Sign Permitted Per Linear Type of Use in Foot of Maximum total, B 5 Zone Building Frontage All Signs Gasoline service stations 2.25 150 New car dealerships 1.5 200 Restaurant and fast food 2.25 150 establishments All other businesses 2.25 150 Shopping centers: Each establishment 1.5 150 Center as a whole 150 for I freestanding sign identifying the center [2] In B 5 Zones, multiple signs on a freestanding sign structure may be permitted and counted as a single sign if they meet the following criteria: fa] All signs, except the topmost sign, must be rectilinear in outline and must Q:IPLANNINGISTAFFIJennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 12 of 22 {c] No more than three separate signs larger than eight square feet each may permitted within total area restrictions. {d] The topmost sign may be irregular in outline, is not required to align {e] All other regulations (area, height, setback, etc.) apply. (3) Shopping centers, etc: In the case of shopping centers and other multi use facilities, one freestanding sign shall be allowed for the development as a whole B. Exception. Where a structure or building has frontage on more than one street, public highway or waterway, one sign attached,painted on or applied to the front or face of said structure or building shall be permitted facing each street,public highway or waterway frontage,within the overall allowance for number of signs and total sign area for the Zoning District and use type as specified in this chapter, which maximums shall apply to the premises as a whole. [Amended 8-3-1977 by Ord. No. 77-8] § 272-78. Temporary signs. [Amended 8-3-1977 by Ord. No. 77-8] A. A. Permit required. No person or sponsoring organization which is commercial or otherwise profit-making shall place or cause to be placed any sign of a temporary nature without first obtaining a permit as hereinafter provided. Permit fees are waived for all legal not for profit organizations, however they are still subject to the permit time restrictions. Permitted signs. All signs B. Exemptions. Temporary signs advertising an event for less than ten days are exempt from the permit requirement,provided that the sign be removed immediately following the event. Decorative cloth banners designed for long-term use, reviewed by the Public Art Commission and as approved by the building department are exempt from the permit time period. However, should the banner become damaged or severely worn, it must be removed immediately. C. Time periods. Signs-of a temporary nature, such as political posters, banners, promotional devices and other signs of a similar nature, may be erected without a permit for a period not exceeding 30 days,provided that the consent of the property owner or occupant is obtained and that such signs are not attached to fences, trees, utility poles or the like and that such signs are not placed in such a position as may obstruct or impair vision or traffic or in any manner create a nuisance, hazard or disturbance to the health and welfare of the general public. All such signs must identify the name and address of the sponsoring person or organization and the name of a person responsible for their removal at the expiration of the sixt -day period. Such permits may be renewed no more than once for an additional 30 day period. A temporary sign will not be re- Q:IPLANNINGISTAFF\Jennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 13 of 22 permitted for more than two consecutive time periods, regardless of whether or not it remains in the same location. B;D. Exception for B-5, SW-1, SW-2, and SW-3 Zones. In B-5, SW-1, SW-2, and SW-3 Zones,no temporary signs shall be placed anywhere on a premises except in a window, and in no case shall the total combined area of permanent and temporary signs in a window exceed 15% of a window's area. C. Permit required. No person or sponsoring organization which is commercial or otherwise first obtaining a permit as hereinafter provided. § 272-89. Setbacks. [Amended 8-3-1977 by Ord. No. 77-8] A. In all zones except B-5, SW-1, SW-2, and SW-3, no freestanding sign or sign structure shall be erected or maintained in such a manner as to project over or above any street, public highway or waterway,nor shall any such freestanding sign be erected or maintained in such a manner as to project within 18 inches of a public or private right-of- way or the inner edge of a public highway, sidewalk or waterway. Said signs or sign structures shall be set back at least 10 feet from any public highway or street right-of-way. Side yard and rear yard setbacks shall be no less than those required for structures or buildings in the Zoning Ordinance of the City of Ithaca,New York, -and for the zoning district in which the property is located. B. In B-5, SW-1, SW-2, and SW-3 Zones, freestanding signs or sign structures must be set back at least 10 feet from any public right-of-way. Side and rear yard setbacks shall be no less than those required for buildings and structures in the B-5 Zone. No part of a freestanding sign shall project closer than five feet to any public right-of-way or to any property line nor closer than 18 inches to any private right-of-way or to the edge of any access to the premises. Ground signs in B-5 Zones shall be set back not less than 15 feet from any public right-of-way or from the edge of any access drive to the premises. CONSTRUCTION; INSTALLATION GENERAL REGULATIONS Setback Limitation:At ground level, no part of any sign shall be located any closer than tenfeet from the back of the curb, nor shall any part of any sign overhang the property line into the public right-of-way or into the adjacent property. Traffic Hazard: No sign shall be erected at any location where, by reason of the position, shape or color it may interfere with, obstruct the view of or be confused with any authorized traffic sign or signal device; or which makes use of the words "stop", "go", "caution", "look", "danger", or any other word,phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic. Q:IPLANNINGISTAFFIJennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 14 of 22 . Pedestrian Hazard:All signs or other advertising structures, which are erected at any point where pedestrians might be endangered, shall have a smooth surface and no nails, tacks or wires shall be permitted to protrude there from. Lighting Restrictions: Illuminated signs shall be erected in such a manner as not to interfere with traffic or pose other health or safety hazards. Wind Pressure and Dead Load Requirements:All signs shall be designed and constructed to withstand wind pressure to receive loads as required by the Building Code. Site Plan: Whenever a site plan is required to be filed, the site plan shall show the proposed location of any signs to be erected on the property and shall define the size and height of the signs with dimensions and elevation views as well as the street and driveway visibility. Wall Sign Setback Bonus: Wall signs that are setback from the public street right-of-way over one hundred and fifty feet(150') can increase the maximum primary wall signage size by 25%, and increase it an additional 25%for every additional one hundred feet [100') of setback; up to a maximum of 200%of the allowed sign area (i.e. 20%of the primary wall area) at four hundred and fifty feet (450'). - Over 150'setback, 125% of allowed sign area, or 12.5%of primary wall area, - Over 250'setback, 150%of allowed sign area, or 15% of primary wall area, - Over 350'setback, 175%of allowed sign area, or 17.5%of primary wall area, - Over 450'setback, 200%of allowed sign area, or 20%of primary wall area* *Under no circumstances shall the primary wall signage exceed 400 square feet regardless of wall size or increased setbacks, nor shall any one wall sign exceed a total of 250 square feet. § 272-310. Permit required. Except as otherwise herein provided, no person shall erect any sign, as defined herein,without first obtaining a permit there€er-therefore from the Building Commissioner. § 272-101. Application for permit. Application for the permit shall be made to the Building Commissioner, in writing, in duplicate, upon forms prescribed and provided by the Building Commissioner, and shall contain the following information: A. The name, address and telephone number of both the applicant and the owner of the property on which the sign is to be located. B. The location of the building, structure or land to which or upon which the sign is to be attached or erected. Q:IPLANNINGISTAFF\Jennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 15 of 22 C. A detailed drawing or blueprints showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign; the position of lighting or other extraneous devices; and a location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures and to any private or public street or highway. D. Written consent of the owner of the building, structure or land to which or on which the sign is to be erected in the event that the applicant is not the owner thereof. E. A copy of any required or necessary electrical permit issued for said sign or a copy of the application for such permit.- F. Such additional information as the Building Commissioner may reasonably require in order to carry out the intent of this chapter. § 272-112. Permit fees. A. [Amended 2-4-1998 by Ord. No. 98-6] The following fees shall be paid to the City of Ithaca,New York,upon filing of an application for a sign permit: Sign Area Fee Per Sign (square feet) 0 to 50 $4050 51 to 100 $80100 101 to 150 $1-20150 151 to 200 $1200 201 to 250 $200250 251 to 300 $300 301 to 350 $350 351-400 $400 B. For the purpose of establishing the fee, the calculated square-foot area of the sign shall be rounded to the nearest whole square foot. § 272-132. Issuance, expiration and renewal of permit. Q:IPLANNING\STAFF\Jennifer\Sign OrdinancelSign Ordinance=WORKING DRAFT.doc Page 16 of 22 , A. Building Commissioner to investigate and issue permit. It shall be the duty of the Building Commissioner, upon the filing of an application for a permit to erect a sign, to examine such plans, specifications and other data submitted to him/her with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this chapter and other laws and ordinances of the City of Ithaca,New York, the Building Commissioner shall then, within 15 days, issue a permit for the erection of the proposed sign. B. Expiration and renewal. If the sign authorized under any such permit has not been fully erected within six months from the date of the issuance of such permit, the permit shall become null and void but may be renewed within 10 days from the expiration thereof for good cause shown upon payment of an additional fee of either half or 10% of the original permit fee, whichever is greater$5. § 272-141 Conformance required; maintenance; revocation of permit. A. Erection. No sign,whether new or existing, shall hereafter be erected or altered except in conformity with the provisions of this chapter. Alterations shall include any modification to a sign other than minor corrections to information, ie.changes in phone numbers. B. Maintenance. However, notwithstanding any provisions contained herein, the sign must be kept clean, in neat order and repair and free from all hazards, such as but not limited to faulty wiring and loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety. C. Revocation for failure to correct violation. In the event of a violation of any of the foregoing provisions, the Building Commissioner shall give written notice, specifying the violation, to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within 60 days from the date of said notice. In the event that such sign shall not be so conformed within 60 days, the Building Commissioner shall thereupon revoke the permit, and such sign shall be removed by the named owner of the sign or the named owner of the land within 30 days after receipt of notice of permit revocation. D. Removal of Signs. Property Owners are responsible for removing signs of businesses that have closed and must remove signs within 60 days of the tenant vacating the premises. § 272-145. Unsafe or dangerous signs. Q:IPLANNINGISTAFFIJennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 17 of 22 • If the Building Commissioner shall find that any sign regulated by this chapter is unsafe or insecure or is a menace to the public, he/she shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within 14 days from the date of said notice. If said sign is not removed or repaired, the Building Commissioner shall revoke the permit issued for such sign, as herein provided, and may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Building Commissioner may cause any sign,whichsign, which is a source of immediate peril to person or property or any temporary sign not removed at the expiration of 30 days to be removed summarily and without notice. • a 1979 by Ord. No. 79 7] In the event that a sign was erected prior to July 5, 1972,which does not conform to the for every such sign or other advertising structure for a period of time not to exceed August 31, 1979, with the exception of historic signs as provided in § 272 16. All other nonconforming devices shall be brought into conformance on or before August 31, 1977.. The Building from the date of such notice. Upon failure to comply with such notice within the prescribed time such sign is located. § 272-16. Historic signs. [Added 7-11-1979 by Ord. No. 79-7] Historic signs in any zoning district shall be exempt from the requirements to conform by August 31, 1979, and from other requirements of this chapter,provided that an approved historic sign permit is obtained in accordance with the following: A. Procedure. (1) Requests for retention of signs which are felt to be historic may be made to the Building Commissioner by the owner of the property on which such sign is located,by the owner's agent or by any other party with the owner's consent and shall be made in writing. A completed sign permit request shall be submitted for each such sign and identified by the suffix "H" after the permit number. Each such request shall be accompanied by a statement outlining the reason for the request, including written or pictorial information documenting the sign's history, original Q:IPLANNING\STAFF\Jennifer\Sign Ordinance\Sign Ordinance-WORKING DRAFT.doc Page 18 of 22 II and current purpose, colors and other relevant details which may be helpful in evaluating the request. (2) Requests may be made at any time and are not limited by the deadline imposed by § 272-15. (3) Upon receipt of a completed request form and supporting documentation, the Building Commissioner shall refer the request and documentation to the Landmarks Commission for a determination as to whether the sign is historic. If the Landmarks Commission does not inform the Building Commissioner of its determination within 30 days of receipt of the referral,the request shall be treated as a regular sign permit application in accordance with this chapter. (4) Upon receipt of a determination from the Landmarks Commission, the Building commissioner shall determine whether the sign is related directly to uses currently existing on the premises and, if so, shall proceed as if it were a regular sign permit application, subject to the following: (a) Signs determined by the Landmarks Commission to be historic shall be permitted in addition to conforming signage currently existing on the premises but shall be counted in computing the amount of signage permitted on the premises in the event that additional signs are applied for. Nonconforming,nonhistoric signage on the premises shall be treated as provided in § 272-15 and shall not preclude approval of historic signs. (b) Consistent with considerations of safety, such signs shall be permitted to retain their original size, shape, location, method of attachment, illumination, projection from building surface and other characteristics. Modifications thereto for any purpose shall respect the character and appearance of the original sign, and the reasons for such modification shall be clearly explained in the application. (c) If such sign would be in any respect nonconforming to the provisions of this chapter, it shall be referred to the Board of Zoning Appeals for approval. (5) Historic signs which are clearly unrelated to existing uses of the premises and which conform in all other respects to the requirements of this chapter may be approved without referral to the Board of Zoning Appeals, and shall not be counted against the signage permitted on the premises so long as they remain functionally unrelated to existing uses thereon. Historic signs forming an integral part of the original design or ornament of a building shall not be required to be removed, conformed or obliterated in order to comply with the terms of this chapter but shall be reviewed as provided by this subsection. Q:IPLANNINGISTAFF\Jennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 19 of 22 . B. Signs on landmark sites. Signs on sites designated as local landmarks shall be referred to the Landmarks Commission for a determination and a certificate of appropriateness before approval action by the Building Commissioner or Board of Zoning Appeals. Signs on sites designated as having state or national historic significance but not locally designated shall be referred to the Landmarks Commission for determination as to whether they are historic and shall be governed by applicable regulations. C. Maintenance,repair, alteration and restoration. (1) Approved historic signs shall be maintained in accordance with the provisions of this chapter and other applicable regulations. Approval of an historic sign permit shall bear with it the responsibility of the owner of the sign to maintain and rehabilitate the sign to a state as close to the original condition and appearance as feasible, including the restoration of exposed neon-type illuminating systems to operation. Replacement of original visible components with substitutes to retain the original appearance shall be permitted, provided that such replacements accurately reproduce the size, shape, color and finish of the original. (2) Alterations or repairs to historic signs shall be accomplished using materials which match original materials as closely as possible and which, in any case, are compatible with the original. Historic signs which are severely damaged or deteriorated or which are for other good reason impractical to rehabilitate or repair in their existing condition, including signs remaining basically intact in their original location which have been partly obscured by overpainting or weathering or which have been covered by subsequent building remodeling, may be reproduced in a format as closely matching the original as possible and may be relocated or erected in a position near the original location, consistent with the other provisions of this chapter and with consideration of aesthetics. Alterations, reproductions or relocations of historic signs shall be referred to the Landmarks Commission for approval or a certificate of appropriateness, as applicable. (3) In the event that a historic sign is not rehabilitated or maintained in accordance with the terms of this subsection within one year of the issuance of a historic sign permit, the Building Commissioner shall be authorized to require its maintenance, repair or removal as provided in §§ 272-13 and 272-14. § 272-17. Duty and authority of Planning and Development Board. The Planning and Development Board shall advise the Building Commissioner with reference to desirable and effective use of signs for the purpose of enhancing and maintaining the natural beauty and cultural and aesthetic standards of the community. The Planning and Development Board may advertise, prepare,print and distribute pamphlets and other media which, in its judgment, will further these purposes. Q:IPLANNINGISTAFF\Jennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 20 of 22 s s § 272-18. Variances, review and appeal. [Amended 2-4-1998 by Ord. No. 98-6] Any person aggrieved by any decision of the Building commissioner relative to the provisions of this chapter may appeal such decision to the Board of Zoning Board of Appeals, as provided in Chapter 325, Zoning, of this Code and shall comply with all procedural requirements prescribed by said Zoning Board of Appeals, including payment of a fee of$75 100 to defray the cost of the required legal notice and written notice to all property owners within 200 feet of the boundaries of the proposed sign location. However, when any variance,review or appeal relative to the provisions of this chapter is requested, the Zoning Board of Appeals shall not take action until a report is received from the Planning and Development Board. If, however,no report is received within 45 days after referral, then approval by the Planning and Development Board shall be presumed, and the Zoning Board of Appeals shall proceed accordingly. In making any determination or decision with respect to any proposed sign, any city officer or any board having jurisdiction shall be guided by the general purpose of this chapter, as stated in § 272-1 hereof, and shall also consider the following: A. Size of sign: the purpose for which the sign is erected and the distance from which the sign is intended to be or can possibly be read and the character of adjacent streets. In all cases, the smallest sign that will suit the purpose shall be the guide, taking into account the legitimate commercial or other interests which are intended to be promoted by the sign and the speed limits and traffic conditions on adjacent streets. B. Number of letters: the number of letters on the proposed sign. A sign with only a few letters need not be as large as one with many letters to be seen from the same distance. C. Other signs: other signs in the vicinity of the proposed sign. D. The character of the neighborhood: the proposed use shall not be detrimental to the general amenity or neighborhood character so as to cause a devaluation of neighboring property or material inconvenience to neighboring inhabitants or material interference with the use and enjoyment by the inhabitants of the neighboring property. E. Public interest: the protection of the public interest and the desirability of maintaining open spaces, views and vistas insofar as possible. Any person aggrieved by any decision of the Zoning Board of Appeals may have the decision reviewed by a Special Term of the Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules. § 272-19. Penalties for offenses. [Amended 8-5-1992 by L.L. No. 3-1992] Failure to comply with any of the provisions of this chapter shall be deemed an offense and shall be punishable as provided in Chapter 1, General Provisions, Art. I, Penalties, of this Code, in addition to penalties for violation of any other regulation or ordinance of the City of Ithaca. Each day such violation continues shall constitute a separate violation. Q:\PLANNING\STAFF\Jennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 21 of 22 v. § 272-20. Applicability and construal of provisions. This chapter is applicable within the City of Ithaca and shall be construed as an exercise of the powers of such municipality to regulate, control and restrict the use of buildings, structures and land for outdoor advertising purposes, displays, signs and other advertising media in order to promote the health, safety, morals and general welfare of the of the municipality and its inhabitants and of peace and good order, for the benefit of trade and all matters related thereto. Q:IPLANNING\STAFF\Jennifer\Sign OrdinancelSign Ordinance-WORKING DRAFT.doc Page 22 of 22