HomeMy WebLinkAbout02-19-2003 Planning & Economic Dev. Committee Meeting Agenda r
MEETING NOTICE
City of Ithaca
Planning & Economic Development Committee
Wednesday, February 19,2003
Common Council Chambers
City Hall-- 108 East Green Street
7:30 p.m.
Agenda
A. Public Hearing:
FY2001 CDBG - Reprogram $125,000 from the Downtown Retail Incubator
activity to the proposed Commons Lighting Replacement Project
B. Agenda Review
C. Public Comment and Response
Dialogue
D. Reports - Committee Members, Chair, Mayor, Planning Director
E. Issues
1. FY2003 Community Development Block Grant(CDBG) Application 15 minutes
(information to be distributed before meeting)
2. Intermunicipal Watershed - Report 15 minutes
3. Sign Ordinance - Resolution(materials enclosed) 20 minutes
4. Economic Development Plan - Resolutions 15 minutes
(Please bring your copy of the ED Plan wit�ou. Other materials enclosed)
5. Cayuga Green Project Issues 30 minutes
A. Lot D Zoning Amendment - Possible Resolutions
6. Municipal Officials Planning Coalition - Report 15 minutes
7. Possible Motion to Enter into Executive Session - To discuss possible property acquisition
F. 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, February 18, 2003.
,� 3
CITY OF ITHACA
10 ,e 108 East Green Street— 3 Floor Ithaca, New York 14850-5690
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774_7111,14,
'f a DEPARTMENT OF PLANNING AND DEVELOPMENT
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: February 10, 2003
Subject: Revisions to the Sign Ordinance
Enclosed please find a copy of the proposed revisions to the City Sign Ordinance. The
proposed changes were previously discussed by this committee at it's January meeting.
At that meeting concerns were raised regarding section 272-6(B). The language for this
section has been revised and is shaded in the enclosed document. Since all other
language has been previously reviewed the changes in the enclosed document are no
. longer tracked.
In order to simplify this lengthy ordinance, staff has also prepared a summary chart
outlining the main points of the ordinance. This chart is intended to be used as a
reference only. It does not contain all of the language from the ordinance.
Also enclosed for the committee's consideration is a copy of the City Site Plan Review
Ordinance, Chapter 276 of the City Code with the added text underlined.
An environmental review of this action has been circulated and was previously sent along
with the comments received, to this committee for its January meeting. 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 this committee is in agreement with the new language, then the Common Council, as
lead agency, will consider adopting the new Sign Ordinance and added language to the
Site Plan Review Ordinance at its March meeting. A public hearing on this matter has
been advertised. A project schedule is also enclosed. 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." ��
*-41
4 40°
2/10/2003
-Schedule for Revised Sign Ordinance and Site Plan Review Ordinance
Steps* Task �.. i a... ComPll d.... _ �. ,� oJ! Done
1 Planning Committee Meeting 11/20/2002 Discussion of Changes X
Circulate EAF for Comments and Distribute EAF to CAC,Planning Board, County
2 GML Review 12/4/2002 Planning Commissioner,GML Review,etc. X
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 2/14/2003 adopt,),cover memo,ordinance,and Full X
Environmental Assessment Form,any comments
8 Notice of Public Hearing 2/18/2003 Legal Notice printed in Ithaca Journal
9 Planning Committee Meeting 2/19/2003 Discussion and Recommendation
3 Resolutions(neg dec.,dec.of lead agency,dec.to
10 Common Council Mailing 2/28/2003 adopt,),cover memo,ordinance,and Full
Environmental Assessment Form,any comments
11 Common Council Meeting 3/5/2003 Public hearing/adoption of legislation
Documents to be Completed
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
2/10/03
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 P"
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:lplanninglstaffljenniferlsign ordinancelresolutionslresolution-lead agency.doc
02/10/03
2/10/2003
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:IPLANNINGISTAFFIJenniferlSign Ordinance\Resolutions\Resolution-Negdec.doc
2/10/03
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 Comm on 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:IPLANNINGISTAFFIJennifer\Sign OrdinancelResolutions\Resolution-Adoption.doc
CODE OF THE CITY OF ITHACA, NEW YORK, v8 Updated 9-25-2002
PART II 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.
(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,
may be 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.
SIGN ORDINANCE CHART
This chart is for reference purposes only. See Chapter 272,Signs,of the City Code for full text of City of Ithaca Sign Ordinance
Zoning Prohibited Signs Signs Permitted with No Permit Signs Permitted with a Permit Setback Requirements
District _
1.Signs displaying flashing,rotating,or intermittent lights or lights changing degrees of 1.Temp signs advertising sale,lease or rental of premises,such signs shall not exceed 1.Commercial buildings in any zone except SW-1,SW-2,SW-3,WEDZ-la,B-5,or I-1 may have a max sign In all zones except B-5,SW-1,SW-2,and SW-3,no
intensity,except signs indicating time or temperature,with changes ahemating on not 16 SF in area,or 5 SF in residential districts. area not to exceed 1.5 SF of signage to every 1 linear foot of building frontage.Within the total allowable freestanding sign or sign structure shall be erected or
more than 5-second cycles when such sign does not constitute a public safety ortraffic 2.Temporary political posters. signage each place of business may have no more than 1 freestanding sign and no individual sign may maintained in such a manner as to project over any
hazard in the judgment of the City building commissioner exceed a max 50 SFt.Additional signage may be granted by special permit for businesses greater than street,public highway or waterway,nor shall any such
3.Nameplates,not self-illuminated,denoting names and/or address of occupants on the 10,000SF,located in any CBD zone,except the CBD-60 zone.Special permits for more signage will be
2.Signs in which any portion of the sgnor its supporting sWctureprojects ahonzontal premises,not exceeding 144 square inches per occupant. % freestanding sign be erected or maintained in such e a
distanceofmore than 18"from the surface to which the sign orsignstmcture isattached granted on the basis of building size and height,business size and total/°of existing signage on building. manner as to project within 18"of a public or private
except as provided n§272-15 4.Signs denoting architects,engineers and/or contractors placed on premises for Special consideration will be given to recommendations made by the Planning Board as a part of special right-of-way or the inner edge of a public highway,
All construction,repair or renovation,max 1 sign per premises with max size of 80 SF; permit application process.In lieu of 1 freestanding sign a business is allowed 2 wall signs at a max area of sidewalk or waterway.Signs or sign structures shall be
3.Signs supported or attached,wtwlty or in part,overor above any waf,building a Such signs must be removed immediately upon cem letion of the project. y' g g
Districts 9 y Po P P d 50SF.
structure,except as otherwise provided in§272-5B(4)for canopy,marquee a awning set back at least 10'from any public highway or street
signs,which may not ' beyond any edge of the building or structure to which the 5.Directional entrance/exit signs on premises,not exceeding 6 SF in area,nor 3'in height 2.Signs on the front or sides or affixed to the top edge or bottom surface of a marquee,canopy,awning or right-of-way.Side yard and rear yard setbacks shall be
awning,canopy or marquee's attached,and except as otherwise provided for ground from grade,and no part of such signs or supporting structures may extend closer than sunscreen shall be counted as part of the total area and number of signs permitted on the premises under no less than those required for structures or buildings
signs and sign structures and forpemrilted roof signs. 18'to any public right-of-way.One each"in'and out signs are permitted per curb cut this chapter and shall be subject to computation of area and payment of fees.Such signs shall not project in the Zoning Ordinance of the City of Ithaca,New York,
serving premises in B-5,SW-1,SW-2,and SW-3 Districts,and the°in°sign may bear one more than 18'from the surface to which they are attached nor extend beyond any edge of such surface, and for the zoning district in which the property is
4.Portable or mobile signs word or symbol identifying the business(such as"Smith's"or°Gulf)occupying the except that signs affixed to the top edge of a marquee or similar structure shall not project beyond the front g p p y
5.Billboards located.
premises in lieu of"in,"°enter,"etc.,which identifier may not cover more than 25%of the of the side face above which it is mounted;and except further that such marquee signs may be more than
6.Signscontanig banners,posters,pennants,ribbons,streamers,spinners anther total area of the directional sign. 18",provided that they do not project visually above the top of the building facade or roof ridge when Setback Limitation:At ground level,no part of any
similar moving,flattering,rotating,r e v o l v i n g devices or any other moving signssetin 6.Signs or bulletin boards customarily incident to places of worship,libraries,museums, viewed from the public right-of-way.Signs affixed to the underside of a marquee or similar structure shall sign shall be located any closer than 10'from the back
motion by movement of the atmosphere. social clubs or societies,which signs or bulletin board shall not exceed 25 SF in area maintain a clearance of at least 7 above grade or sidewalk level and shall not project more than 4'from of the curb,nor shall any part of any sign overhang the
7.Signs using the words'stop,""danger,"'slow,'°caution,""warning,""yield,""go,or and shall be located on the premises of such institutions. building. property line into the public right-of-way or into the
otherwise' the requirement or use caution 3.S'nsma be mounted on structures which form encroachments,provided form an additional adjacent property.
aJ req nP 7.Murals.Where any part of a mural will be visible from a public way,a description and a g may P they
danger,or which could be confused with signs displayed by pulls authority aa y sign drawing of the proposed mural shall be submitted to the Building Commissioner for a encroachment,subject to provisions of Ch.170,Encroachments,of City Code in addition to payment of permit Wall Sign Setback Bonus:Wall signs that are setback
That imitates or resembles an official traffic sign or signal,exceptfor private,on-premise determination as to whether such mural,or any part thereof,would constitute signage fees. from the public street right-of-way over 150'can increase
directonalsigns. within the meaning of the definitions of"mural'and'sign"in§272-3.Upon receipt of a 4.Historic signs,as provided further under§272-15. the max primary wall signage size by 25%,and increase
8.Any sign which obstructsado r,fire escape or builatng openeg bite edtbrbght arm proposal for a mural the Building Commissioner shall notify the Design Review Board it an additional 25%for every additional 100'of setback;
5.Temporary signs may be erected with a permit for a period not exceeding 30 days(consent of property
aocessto a building; and/or the Landmarks Commission,as applicable,for their information and any owner is e action required).Such signs may not be attached to fences,trees,utility poles or the like and may not up to a max of 200%of the allowed sign area(i.e.20%
9.Any sign violating any provision of law accident NY State or ofthe United States;
appropriate and shall so inform the applicant. Upon determination by the Building be placed so as to obstruct or impair vision or traffic or in any manner create a nuisance,hazard or of the primary wall area)at 450'.
10. n that obscures a sign d' pubis fatime of M Commissioner that a proposed mural does not constitute signage,murals not subject to disturbance to the health and welfare of the general public.Such signs must identify the name and address -Over 150'setback,125%of allowed sign area,or a
s9 splayed by W giving further review as indicated above may be erected without permit or fee.Murals or any of the sponsoring person or organization and the name of a person responsible for their removal at the max of 12.5%of primary wall area,
traffic instructions adrectior aother pubNc intonation; part thereof which are determined to be signage shall be subject to the provisions of the expiration of the 60-day period.Permits may be renewed only once for an additional 30 day period.Temporary -Over 250'setback,150%of allowed sign area,or a
11.Anysi gnor illumination t hatcausesanydirectglare into or upon any building of herthan Sign Ordinance. signs will not be re-permitted for more than 2 consecutive time periods,regardless of whether or not it remains max of 15%of primary wall area,
the bolding to which thesign may be related,oranysign whose level of intensity exceeds 8.Temp sgnsadvertising an event for less than 10 days are exempt from permit requirement, in the same location.Permit fees are waived for legal not for profit organizations,but they are still subject to _Over 350'setback,175%of allowed sign area,or a
the average ambient levels in the immediate area; Sign must be removed immediately following the event.Decorative cloth banners designed permit time restrictions.
12.AIlds which aenotshieldedto an f httobedirected atomoomi Irafic for long-term use,reviewed b the Public Art Commission and as approved b the building Exception for B-5,SW-1,SW-2,and SW-3 Zones.In B-5,SW-1,SW-2,and SW-3,no temporary sins shall max of 17.5%of primary wall area,
prevent y g g y pP y 9 P ry 9 Over 450'setback,200%of allowed sign area,or a
in such brllianceastoimpairthevisbn of anydriveransuch mannerastointerferewith department are exempt from the permit time period.However,should the banner become be placed anywhere on a premises except in windows,and in no case shall total combined area of max of 20%of primary wall area'
orobscure an official traffic sign or signal. damaged or severely worn.it must be removed immediately ,permanent and temporary siqns in a window exceed 15%of a window's area.
Freestanding businesses(Total Signage not to exceed 250 SF)
-1 freestanding sign(Max Sign Area of 75 SF,max width of 12',and max height of 22',including framework)at
max of 1/2 SF of sign to every 1 linear foot of building frontage occupied by the business.
-1 Building Sign not to exceed 1 1/2 SF of sign to every 1'of building frontage or of building frontage occupied In B-5,SW-1,SW-2,and SW-3 Zones,
by each business conducted on the premises. freestanding signs or sign structures must be set
Shopping Plazas back at least 10 feet from any public right-of-
B-5,SW-1, See Above--Signs Prohibited in All Districts. See Above--Signs Permittted in All Districts. -1 Freestanding Sign Structure located on the property at a location to be approved by the Planning and way.Side and rear yard setbacks shall be no less
SW-2,SW-3, Development Board as part of site plan review,in accordance with§276-7(3)b of City Code.May have additional than those required for buildings and structures
freestanding sign structures,whose number and location at street frontage or intersections is determined during in the B-5 Zone.No part of a freestanding sign
WEDZ-1 a site plan review by the Planning and Development Board. No freestanding sign structure shall exceed a max shall project closer than five feet to any public
height of 30'and max sign area width of 12'.Each individual business within a shopping plaza may have a max right-of-way or to any property line nor closer
sign area on the freestanding structure of 1/2 SF of sign to every 1 linear foot of the building frontage occupied than 18 inches to any private right-of-way or to
by that business. In addition each business within a shopping plaza may have Building Signs that do not the edge of any access to the premises.Ground
exceed 1 112 SF of sign to every 1 linear foot of building frontage occupied by the business and a not to exceed signs in B-5 Zones shall be net back not less
total area of 250 SF. than 15 feet from any public right-of-way or
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.
Any sign advertising the name of a building or commercial enterprise,including real estate developments
All Residential See Above--Signs Prohibited in All Districts. See Above--Signs Permittted in All Districts. or subdivisions,permitted in a district zoned residential shall not exceed 5 SF in area and shall advertise
Zones only the name of the building,owner,trade names,products sold and/or the business or activity conducted
on the premises,only 1 sign is permitted for each residential,business or commercial activity conducted
on premises.
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:IPLANNING\STAFF\Jennifer\Sign Ordinance\Sign Ordinance-WORKING DRAFT--No redline.doc__ Page 1 of 18
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.
B. CANOPY SIGN– A sign that is painted, printed, or stenciled onto the surface of a
canopy
C. 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.
D. 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.
E. 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.
F. 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 ground-mounted sign, whose purpose is to direct traffic safely
into and out of the 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]
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:
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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. 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
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
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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.
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.
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:
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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
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. . [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.
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§ 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. 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]
B. 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.
C. 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.
D. Banners, pennants, etc. No sign or part thereof shall contain or consist of banners,posters,
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
advertising or attracting attention, except as hereinafter provided in § 272-8. Such devices
shall be totally prohibited in, SW-1, SW-2, SW-3, WEDZ-la,B-5 Zones as provided in §
272-15.
E. Billboards. No billboard shall hereafter be erected in any part of the City of Ithaca
F. Setback Limitation: At ground level, no part of any sign shall be located any closer than ten
feet 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.
G. 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.
H. 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.
I. Lighting Restrictions: Illuminated signs shall be erected in such a manner as not to interfere
with traffic or pose other health or safety hazards.
J. 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.
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K. 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.
L. 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').
1. Over 150' setback, 125% of allowed sign area, or a maximum of 12.5% of primary wall
area,
2. Over 250' setback, 150% of allowed sign area, or a maximum of 15% of primary wall
area,
3. Over 350' setback, 175% of allowed sign area, or a maximum of 17.5% of primary wall
area,
4. Over 450' setback, 200%of allowed sign area, or a maximum of 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.
§ 272-5. Prohibited signs.
A. The 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;
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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.
§ 272-6. Signs permitted in all districts.
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:
1. 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.
2. Any temporary political posters.
3. 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_
5. Directional entrance/exit signs on premises, each not exceeding six 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.
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.
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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, 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. For any commercial building place of business in any zone except the SW-1, SW-2, SW
3, WEDZ-la, B-5, or the I-1, or the M 1 zone B 5 may have a total sign area not to
exceed one and one half (1.5) square feet of signage to every one (1) linear foot of
building frontage. Within the total allowable signage each place of business may have no
more thannot more than one freestanding sign or structure erected for the purpose of
advertising a business, products and/or services—. . No individual sign may exceed a
maximum square footage of 50 square feet. Additional signage may be granted by special
permit for businesses greater than 10,000 square feet, that are located in any CBD zone,
except the CBD-60 zone. Special permits for additional signage will be granted on the
basis of the building size and height, business size and total percent of signage existing
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on the building. The Board of Zoning Appeals will give special consideration to the
recommendations made by the Planning Board as a part of special permit application
process. . . e - -- - . _ _
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
sign8 structures, one of which may bear a total of not 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. (Sec also § 272 6B.)
3. 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 I
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]
4. 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]
5. Historic signs, as provided further under § 272-15 below. [Added 7-11-1979 by Ord.
No. 79-7]
§ 272-7. Signs permitted in the SW-1, SW-2, SW-3,WEDZ-la,B-5-and-141-1-zones.
A. In districts zoned SW-1, SW-2, SW-3,WEDZ-la,B-5, or I-1 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 every 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
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t '
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 may have 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 may
have 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.
2. 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]
§ 272-8. Temporary signs. [Amended 8-3-1977 by Ord. No. 77-8]
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.
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 banners, promotional devices and other
signs of a similar nature, may be erected with 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
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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 sixty-day period. Such permits
may be renewed no more than once for an additional 30 day period. A temporary sign will
not be re-permitted for more than two consecutive time periods, regardless of whether or not
it remains in the same location.
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.
§ 272-9. 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.
§ 272-910. Permit required.
Except as otherwise herein provided, no person shall erect any sign, as defined herein,without
first obtaining a permit therefertherefore from the Building Commissioner.
§ 272-101. Application for permit.
A. 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:
Q:\PLANNING\STAFF\Jennifer\Sign Ordinance\Sign Ordinance-WORKING DRAFT--No redline.doc Page 12 of 18
1. The name, address and telephone number of both the applicant and the owner of the
property on which the sign is to be located.
2. The location of the building, structure or land to which or upon which the sign is to be
attached or erected.
3. 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.
4. 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.
5. A copy of any required or necessary electrical permit issued for said sign or a copy of the
application for such permit
6. Such additional information as the Building Commissioner may reasonably require in
order to carry out the intent of this chapter.
§ 272-12. 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(square feet) Fee Per Sign
0 to 50 $50
51 to 100 $100
101 to 150 $150
151 to 200 $200
201 to 250 $250
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.
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
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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.
§ 272-143. 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.
§ 272-15. Unsafe or dangerous signs.
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
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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, 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.
§ 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, 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 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
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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.
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
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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.
§ 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
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l !
I
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.
§ 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:IPLANNINGISTAFF\Jennifer\Sign Ordinance\Sign Ordinance-WORKING DRAFT--No redline.doc Page 18 of 18
Page 1 of 1
y
Jennifer Kusznir- econ plan
From: Carolyn Peterson<carolynp@cityofithaca.org>
To: <jenniferk cacityofithaca.org>
Date: 12/2/2002 12:25 AM
Subject: econ plan
Here are some comments on the Economic Development Plan. I have always been careful
about the terms "adopt" and "accept" when deciding how to deal with a plan presented to
Common Council by a consultant. I have found that I still am cautious about voting in favor
of adoption unless I am fairly comfortable with the document. --
I have a few questions about the plan and then two broad areas of concern.
My questions are: From the letter of May 29, 2002, from the County Planning Department, it was
suggested "that the conditions and trends be updated and reviewed to ensure that the market and
economic conditions driving the Plan's development have not changed in some significant ways."For
example, page 5 refers to the Intermodal Transportation Center, page 10 refers to a consistent decline in
the taxable value of real property (did this recently change?), and page 29 refers to the former Wilcox
site as potentially developable and, of course, now it has a name and a plan. Thus, has the plan been
updated to planning staff's satisfaction?
What does the phrase "fully developing" refer to on page 20?
Page 25-"Note: These recommendations are made by PERC as consultant to the city and do not
necessarily represent the opinions of the Advisory Committee." This sentence seems in conflict with the
statement in the introduction that"An eleven member ...Committee... and making recommendations to
the Mayor and Council." I would like to know which recommendations are PERC's and which are the
committee's.
My two areas of concern are (1) what I will call value statements and (2) disagreement with some plan
policy.
1. If I, as a legislator, am asked to adopt a statement as my own, I would like to see item 2,page 7,
eliminated. A similar statement is on page 20, seventh bullet. I would also like to see item h, page 21,
given number I priority. Additionally, I am cautious about statements that imply budgetary support, such
as recommendation G on page 27.
2. My single greatest concern is supporting a document that encourages increases in a number of
CEQRO thresholds and accompanying text that implies the CEQRO may "be unnecessary impediments
to economic development." I feel that we need Ithaca-sized thresholds to promote quality of life and to
support our environmental attributes that make Ithaca a better place to live and work. In this respect, I
also feel that economic development of tourism is not touched upon and that an attractive community
would make the tourism industry stronger.
file://C:\Documents%20and%20S etti ngs\j enniferk\Local%20Settings\Temp\G W}00010.H]... 12/2/2002
City of Ithaca Parks Commission
MEMORANDUM
TO: Mayor Alan J. Cohen
City of Ithaca Common Council
City of Ithaca Board of Public Works
FROM: City of Ithaca Parks Commission
DATE: February 19, 2003
RE: Proposed City Park—Cleveland Avenue/West Clinton Street
On February 11, 2003, the City of Ithaca Parks Commission discussed the proposed city
park to be located between Cleveland Avenue and West Clinton Street in the City's
Southside neighborhood. While members of the Parks Commission are strongly in favor
of maintaining a buffer between commercial and residential properties, we do not feel
that it is wise to move forward with another city park at this time.
Recent budget and staff cuts have made it increasingly difficult to maintain existing city
parks. As a result, the existing parks are in disrepair with little hope in the foreseeable
future of any improvements. In addition, city staff in charge of parks has advised the
Commission that smaller parks are much more difficult and time consuming to maintain
in part due to the type of equipment required,push mowers vs. gang mowers.
Members of the Parks Commission applaud the neighborhood's commitment to the park
should it be built. However, members also realize that good intentions are not a
guarantee for long term care and maintenance and that this responsibility will
undoubtedly revert back to City staff.
CITY OF ITHACA 467
,V�{�• ^''` '� 108 East Green Street— 3rd Floor Ithaca, New York 14850-5690
IjVt11nrml
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
TelephFne: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559
Email/planning @cityofithaca.org Email: iura @cityofithaca.org
Fax1 607-274-6558 Fax: 607-274-6558
To: Planning Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner "N'
Date: February 11, 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 portions of the block bounded by East green Street, East Clinton Street,
Cayuga Street and Six Mile Creek, which includes parcels 70.-8-10.1, 70.-8-10.2, 70.-8-1, and
part of parcel 81.-2-1. See the enclosed map for the location of the proposed zoning change.
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. This proposal would create a new zoning district, CBD-120, which would
increase the zoning height restriction to 120 feet, all allowable uses would remain the same.
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.
No significant environmental impacts are anticipated as a result of this action, therefore a
negative declaration of environmental impact is recommended. Enclosed for your
"An Equal Opportunity Employer with a commitment to workforce diversification." ��
consideration 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.
2/11/2003
Schedule for Rezoning of Sections of the CBD 100 Zone to the CBD 120 Zone
'"`-° ., ,,,i T :G"!0 **1,111^ bra ., T� = �ii�' rnh r
r u n
Step 1 aslc COMpleti:04 Description. Done
Circulate EAF for Comments and Distribute EAF to CAC,Planning Board, County
1 GML Review 1/31/2003 Planning Commissioner,GML Review,etc. X
2 CAC Meeting 2/10/2003 Discussion of changes
-3 Resolutions(neg dec.,dec.of lead agency,dec.to
3 Planning Committee Mailing 2/14/2003 adopt,),concept memo,and Full Environmental
Assessment Form,any comments
4 Notice of Public Hearing 2/17/2003 Legal Notice printed in Ithaca Journal
5 Planning Committee Meeting 2/19/2003 Discussion and Recommendation
6 Planning Board Meeting 2/25/2003 Discussion of changes
3 Resolutions(neg dec.,dec.of lead agency,dec.to
7 Common Council Mailing 2/28/2003 adopt,),concept memo,and Full Environmental
Assessment Form,any comments
8 Common Council Meeting 3/5/2003 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
_Proposal to Rezone Portions of the CBD 100 to
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Parcel Boundaries
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Scale: 1"=200' • ® NN
2/6/03
Draft Resolution:
Declaration of Lead Agency for the Adoption of the Proposed Rezoning of Portions of the
CBD-100 to create the new zone CBD-120
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 portions of the block
bounded by East green Street, East Clinton Street, Cayuga Street and Six Mile Creek, from CBD-
100 to CBD-120.
q:l planning 1projectslcayuga green\south of library height rezoninglresolution-lead agency.doc
02/11/03
2/6/03
Draft Resolution:
Proposed Rezoning of Portions of the CBD-100 to create the new zone CBD-120 -
Determination of Environmental Significance
WHEREAS, the City of Ithaca is considering a proposal to create a new zone entitled
CBD-120, which would include parcels located in the block bounded by East green
Street, East Clinton Street, Cayuga Street and Six Mile Creek, 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\South of Library Height Rezoning\Resolution-Negdec.doc
•
PLANNING COMMITTEE:
An Ordinance Amending the Zoning Map Established Pursuant to
Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal
Code
RESOLVED, That Ordinance 03- entitled "An Ordinance Amending
the Zoning Map, Section 325-5 of the City of Ithaca Municipal
Code" is hereby introduced before the Common Council of the City
of Ithaca, New York, and be it further
RESOLVED, That Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance in the Common
Council Chambers, City Hall , 108 East Green Street, in the City
of Ithaca, New York, on Wednesday, March 5, 2003 , 7 : 00 p.m. , and
be it further
RESOLVED, That the City Clerk shall give notice of such public
hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance . This notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca
Planning and Development Board true and exact copies of the
proposed zoning ordinance for their reports thereon.
The ordinance to be considered shall be as follows:
ORDINANCE NO. 03 --
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 1. The City of Ithaca Municipal Code, Section 325-5
entitled "Zoning Map" is hereby amended to add the following:
"Section 325-5 . Zoning Map.
That the portions of the block bounded by East Green
Street, East Clinton Street, Cayuga Street, and Six Mile Creek,
which includes parcels 70 . -8-10 . 1, 70 . -8-10 . 2 , 70 . -8-1, and part
of parcel 81 . -2-1 be reclassified from the CBD-l00 district to
the CBD-120 district . "
Section 2 . Effective Date
This Ordinance shall take effect immediately in accordance
with law upon publication of a notice as provided in the Ithaca
City Charter.
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. 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 portions of the CBD-100 zone
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.)
1 1. 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:
13. Total area of project 4.5 acres
area: [(Chosen units apply to following section also)
Approximate Area (Units in question 3 apply to this section) I Presently After Completion I
Ia. Meadow or Brushland _._. [ 0 ' 0
b. Wooded [ 0 0
c. Agricultural 0 0
d. Wetland (as per Articles 24 of ECL) 0 0
!e. Water Surface Area r 0 0
r .............................................................. ..........:
i Public 4.5 4.5
lg. Water Surface Area 1 0 0
h. Unvegetated (rock, earth or fill) 0 0
Proposed rezoning from CBD 60 to CBD 85 Pagel of 18
2/11/2003
i. Roads,buildings and other paved surfaces 4.5 ( 4.5
j. Other(indicate type)
4a. What is predominant soil type(s) on project Hudson,Rhinebeck- Glacial Till,Urban Fill
site? e.g. HdB, silty loam, etc.
4b. Percentage well drained: Moderately:
well drained: Poorly drained: 100%
5a.Are there bedrock outcroppings on project
site? No
5b. What is depth of bedrock? (feet) +/-80' to 100'
5c.''What is depth to the water table?(feet) +/=S'
6. Approximate percentage of proposed project 0-10%: 100% 10-15%: 0% 15% or
site with slopes: greater: 0%
7. Do hunting or fishing opportunities presently No
exist in the project area?
8. Does project site contain any species of plant No
or animal life that is identified as threatened or Identify each species
endangered?
9.Are there any unique or unusual landforms No
on the project site?(i.e.,cliffs,other geological Describe:
formations?
10. Is project within or contiguous to a site No
designated a unique natural area or critical Describe: A Tompkins County Unique Natural
environmental area by a local or state agency? Area is located on the east side of South Aurora
Street, approximately one mile east from the
project site.
11. Is the project site presently used by the No
community or neighborhood as an open space
or recreation area?
12. Does the present site offer or include scenic No—existing use is a surface parking lot
views known to be important to the
community?
13.Is project contiguous to,or does it contain a No
building or site listed on or eligible for the if Yes, Explain: N/A
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 a. Names of stream or name of river to which it
area: Site is contiguous to Six Mile Creek. lis tributary: Six Mile Creek
15. Lakes,ponds,wetland areas within or a. Name: N/A
contiguous to project area:N/A b. Size(in acres): N/A
Proposed rezoning from CBD 60 to CBD 85 Paget of 18
2/11/2003
16. What is the dominant land use and zoning B-la, B-lb, B-2c, B-2d, B-4, CBD-100, CBD-
classification within a 1/4-mile radius of the 140, CBD-60, CBD-85, P-1, R-lb, R-2a, R-2b,
project? (e.g. single family residential, R-la or R-3a, R-3b
R-1b) and the scale of development (e.g. 2
story)
17. Has the site been used for land disposal of No
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: 4.5 or square feet: .195,300
1.b. Project acreage developed: Acres initially: 4.5 Acres ultimately: 4.5
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: N/A
building square footage: developed acreage: .
1. f.Number of off-street parking spaces existing: –275 spaces proposed: –697 spaces—Parking,
is currently tieing proposed for this site,however,this environmental review is only for the
rezoning,of the site.
1. g. Maximum vehicular trips generated per day: and per hour: (upon completion of project)
TBD—See Part III
1. 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: 120 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?
14. 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
Proposed rezoning from CBD 60 to CBD 85 Page3 of 18
2/11/2003
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
7. If multi-phased project
7. a. Total number of phases anticipated:
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
111. 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?
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 No X
14. 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.
15.b. If Yes,will an existing solid waste disposal facility be used? N/A
15. c.If Yes, give name: ; 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? Yes No X; if Yes, explain N/A
16. Will project use herbicides or pesticides? Yes No X ; 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? Yes No X; if Yes,
explain N/A
1,18. Will project produce odors? No
Proposed rezoning from CBD 60 to CBD 85 Page4 of 18
2/11/2003
•
•
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:
22. a. What is dominant zoning classification of site? CBD-100
22. b. Current specific zoning classification of site? CBD-100
22. c. Is proposed use consistent with present zoning?No
22. d. If No, indicate desired zoning: CBD-120
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
Building No
Commissioner
Proposed rezoning from CBD 60 to CBD 85 PageS of 18
2/11/2003
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 to Small to Potential Can Impact
be Reduced
project site? --See Part III Moderate Large
Yes X No Imp act Impact by Project
P Change?
Any construction on slopes of 15% or greater, (15 foot rise per r-------
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. I
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 soil)per year.
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 structure X
to be constructed.
2. Will there be an effect on any unique landforms found on Small to Potential Can Impact
the site?(i.e. cliffs, gorges, geological formations, etc.) Moderate Large be Reduced
Yes No X Im act
Impact by j
P P ChanProgeect?
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—Nearest Tompkins County Unique Natural
Area is approximately one mile east of the project site.
This project is not expected to impact this area
Proposed rezoning from CBD 60 to CBD 85 Page6 of 18
2/11/2003
IMPACT ON WATER
4. Will project affect any water body designated as Can Impact be
Small to Potential
protected?(Under article 15 or 24 of the Environmental Conservation Reduced by
Law,E.C.L.) Moderate Large Project
Impact Impact
Yes No X Change?
Dredging more than 100 cubic yards of material from
channel of a protected stream.
Construction in a designated freshwater wetland.
Other impacts: I _
5. Will project affect any Non';protected existing or new Small to Potential Can Impact be
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 r-----
that exceeds 10,000 sq.'ft. of surface area.
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek,
Cayuga Lake or the Cayuga Inlet? F-----
Other impacts: 1---T
6. Will project affect surface or groundwater quality? Small to ` Potential Can Impact be
Yes No X Moderate . Large Reduced by
Impact Impact Project Change?
Project will require a discharge permit. 1
Project requires use of a source of water that does Not
have approval to serve proposed project. 1---r---
Construction or operation causing any contamination of
a public water supply system.
Project will adversely affect groundwater. 1
Liquid effluent will be conveyed off the site to facilities 7
which presently do Not exist or have inadequate
capacity.
Project requiring a facility that would use water in r-------------
excess of 20,000 gallons per day or 500 gallons per
minute.
Project will likely cause siltation or other discharge into
an existinn body of water to the extent that there will be
Proposed rezoning from CBD 60 to CBD 85 Pagel of 18
2/11/2003
.
an obvious visual contrast to natural conditions.
Other impacts:
DRAINAGE
7. Will project alter drainage flow, drainage patterns Small to Potential Can Impact be
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 Can Impact be
8.Will project affect air quality? --See Part III Potential Reduced by
Yes No X Moderate Large Impact Project
Impact 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.
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 project affect any threatened or Small to Potential Can Impact be
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.
Annlication of pesticide or herbicide more than
Proposed rezoning from CBD 60 to CBD 85 Page8 of 18
2/11/2003
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
Moderate Large Reduced by
neighborhood or Small to Potential Can Impact be
community? -See Part III
Yes X Nto Impact Impact Project Change?
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 X
to the area.
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
im
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 archaeolo2ical site or fossil bed
Proposed rezoning from CBD 60 to CBD 85 Page9 of 18
2/11/2003
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 qualit Small to Can Impact be
of existing or future open spaces or recreational Potential
Moderate Reduced by Project
opportunities? Impact Large Impact 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 — Impact be
otential
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.
Other impacts:
IMPACT ON ENERGY
15. Will project affect the community's Small to Can Impact be
sources of fuel or energy supply? Moderate Potential Large Reduced by Project
Yes No X Impact 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.
Proposed rezoning from CBD 60 to CBD 85 Page10 of 18
2/11/2003
Other impacts:
IMPACT ON QUALITY OF DAILY LIFE
16. Will there be objectionable odors,
Noise,glare, vibration or electrical Small to Can Impact be
Potential Large
disturbance during construction of or after Moderate pact Reduced by Project
Im
completion of this project? --See Part III 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 and Small to Potential Large Can Impact be Reduced
safety? Moderate Impact by Project Change?
Yes No X Impact
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
stabilization or the control of vegetation,
insects or animal life on the nremises of
Proposed rezoning from CBD 60 to CBD 85 Page 1 1 of 18
2/11/2003
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 of Small to Potential Can Impact be Reduced
the existing community? --See Part III Moderate
Large Impact by Project Change?
Yes X No 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 precedent X
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—See Part III 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.
Proposed rezoning from CBD 60 to CBD 85 Page 12 of 18
2/11/2003
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 and, PREPARE A NEGATIVE X
therefore, is one which may Not cause significant DECLARATION
damage to the environment.
B. Although the project could have a significant effect
on the environment, there will Not be a significant PREPARE A NEGATIVE
effect in this case because the mitigation measures DECLARATION
described in PART 3 have been included as part of the
proposed project.
C. The project will result in one or more major impacts PREPARE A POSITIVE
that cannot be reduced and may cause significant DECLARATION, PROCEED WITH
damage to the environment. EIS
Date: 1/31/2003 Signature of Responsible Official in
Lead Agency
Print or Type name of Responsible
Signature of Preparer(if different from responsible Official in lead Agency: Alan J. Cohen
officer)
Title/Position: Economic Development Planner Lead Agency's Name: City of Ithaca
Proposed rezoning from CBD 60 to CBD 85 Page 13 of 18
2/11/2003
City of Ithaca
Long Environmental Assessment Form—Part III
Proposed Creation of the CBD-120 Zone
January 31, 2003
PROPOSED ACTION
The action is 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. As with all zoning changes, any projects proposed
for this site must undergo a separate environmental review.
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 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 proposal for this site includes a parking garage, proposed to be approximately 85 feet tall, to
be located just to the south of the Tompkins County Public Library with retail on the ground
floor and a housing structure 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. The phase one creek side housing structure is currently proposed to be between 100-
120 feet. 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.
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, the
City is considering this rezoning 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. This proposal would increase the as of right zoning height restriction to 120
feet on the land adjacent to the library and would leave a CBD 100 transition zone to the south.
This zoning change would not alter the allowed uses on the site. The attached map shows the
location of the proposed zoning change.
Proposed rezoning from CBD 60 to CBD 85 Page14 of 18
2/11/2003
r
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 and is
expected to have construction continuing for more than a year. This proposal is currently
undergoing a separate environmental review, as part of the Downtown Development Mixed Use
Project.
This site currently contains a 275-space parking lot 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 20 feet. 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 site in question is being reviewed as part of a larger Downtown Development Mixed Use
Project. This project proposes to build a parking structure and housing that wraps Six Mile
Creek. While the action of changing the zoning height designation is not expected to have any
direct impacts on the creek, the DEIS of the larger project did evaluate impacts on the Creek as a
result of the construction of the proposed parking garage, housing development, and creek walk.
According to the DEIS the only modification to Six Mile Creek and the flood wall that is
proposed as part of the Downtown Development Mixed Use Project, is proposed filling on the
landward side of the wall, so as to create a curb out of the floodwall, and the placement of a 42-
inch architectural fence on top of the wall. The walkway will be constructed on the fill on the
landward side of the wall. This activity will not impact the effectiveness of the floodwall, nor
will it result in any activity that requires a permit from the NYSDEC or the US Army Corps of
Engineers.
Shadows on the Creek were also evaluated as a part of the DEIS. According to the shadow study
conducted by Highland Associates for the East of Library Residential Garage and the Cayuga
Street Garage, the proposed project will not cause any increase of shadows over 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
Proposed rezoning from CBD 60 to CBD 85 Page15 of 18
2/11/2003
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 expected 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. 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 (DEIS) and the Final Environmental Impact Statement of the Downtown
Development Mixed Use Project (The FEIS).
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 indicates that the proposed project will result in a 20 to 23 percent energy loss
due to shading. The impact overall is not as drastic as one might suspect, because there is so
much less sun in the winter than in the summer in Ithaca.
Solar Energy Loss Due to Buildings
Height Height Height of East of Percent Energy Loss
Cayuga Garage Cayuga Residential Library Due to Shading
(55.5 feet from Apartment Residential Building
Library) (55.5 feet from (86.9 feet from
Library) Library)
80 100 100 20%
80 100 120 21%
80 120 100 22%
80 120 120 23%
ETM Solarworks have identified two potential mitigation measures for this loss:
Proposed rezoning from CBD 60 to CBD 85 Page16 of 18
2/11/2003
Add Solar Panels to Library Roof The easiest way to compensate for the reduction in energy
production (estimated at 40,000 kWh per year) is to add more photovoltaics. There is enough
room on the north side of the library roof to install a 37 kW array(14 rows of 22 modules). Such
a system would cost $370,000. It would generate 40,000 kWh/year, which would essentially
mitigate for the loss of energy resulting from an 80 foot tall garage, a 120 foot tall apartment on
the south side of the library (both located 56 feet to the south of the library) and a 100 foot tall
building on the east side of the library. This is probably no more expensive than re-working the
existing system.
Add Solar Panels to New Residential Buildings: There are presently funds available from
NYSERDA for new "PV on Buildings" projects. This grant is the same one used for part of the
cost of the original library system. The grant would not cover the cost of the PV array that will
make up for the shading losses at the Library. However, if the developer proposed a 70 kW PV
system on top of the apartment complex, it would be twice as large as the library, and
NYSERDA money may fund half of the cost to develop the system. The new building could
supply energy to both the library to make up for the loss of power, as well as to supply energy to
the apartment building to reduce the energy bill for the building. As a result, the developer
would both solve the need for mitigation at the Library as well as obtain extra energy for the new
building at the same cost. The system could use a "string inverter" which does not require the
grid protection relay that caused numerous system trips the first year that the Tompkins County
Public Library system was in place. This set up would also allow easy routing of power to
different service panels. Approval of this concept would need to be obtained from NYSERDA.
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 small to
moderate because there is no proposed change in the allowed use of the site.
The City's current plans for this site include the construction of a parking structure, two housing
structures, street front retail, and a creek walk. However, if the plans for this site 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
At this time there has been no public controversy for this project. This site is part of the larger
Downtown Development Mixed Use Project, which is currently being reviewed in a Draft
Proposed rezoning from CBD 60 to CBD 85 Page17 of 18
2/11/2003
,
Environmental Impact Statement. To date there has been very little public comment received on
that project and only two members of the public spoke at the scheduled public hearing. This
zoning change will not change the intended uses of this site, but will allow for the construction of
a larger structure. Since there was little comment on the proposed uses on this site, it is not
expected that this zoning change will result in public controversy.
Proposed rezoning from CBD 60 to CBD 85 Pagel8 of 18
2/11/2003
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22 January 2003
TO Paulette Manos, Chair, Planning and Development Committee
Members, Planning and Development Committee
FROM: Mary Raddant Tomlan, resident, Third Ward
1 am writing with regard to the proposed zoning change
reported in the 20 January 2003 Ithaa_Jgur[lal that would
permit an increase in building height from 100 to 120 feet in
the area easterly from the Tompkins County Public Library. I
am unable to attend your meeting tonight, and asked if
Alderwoman Susan Blumenthal would present this for me.
I have two reasons for being dismayed by the currently
permitted height and thus for being opposed to its proposed
increase.
1 . Ithaca' s distinctive topography brings delight from
two different general vantage^ points. From the hills we enjoy
views of the city below and the hills beyond. From downtown
and elsewhere on "the flats, " the layers of buildings climbing
up the hillsides offer the viewer visually and historically
interesting images. One or two taller buildings near the base
of the hills, such as the Gateway Center, the Holiday Inn, and
the mental health building, act as accents and do not
substantially obstruct views of the hillsides. However, the
possibility of having a block of tall buildings, proposed to
be permitted to be even taller, along the base of one of
Ithaca' s hills would mean a significant loss of views of the
hill for the public.
2. An increase to 120 feet for buildings on the south
side of the 100 block of East Green Street would make future
buildings there substantially taller than those on the north
side, even if the current proposal to increase the height on
the north side to 85 feet is passed, blocking sunlight and
having an adverse effect on the Green Street streetscape.
I am thus opposed to the proposed height increase for the
block bounded by East Green and Clinton Streets, South Cayuga
Street , and Si Mile Creek. Thank you for your consideration
of my concerns.
"" A
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21 January 2001
To: City of Ithaca Planning and Development Committee
Paulette Manos, chair
—\;/01.,9
From: Dooley Kiefer, Tompkins County Planning Committee chair
Subject: City planning as it affects Tompkins County...
I am writing about the fate of the solar photovoltaic panels on the roof of the Tompkins County
Public Library (TCPL), as exemplary of planning and development concerns.
As you know, the installation of the panels cost more than$1 million, of which Tomkins County
paid $0.55 million (in cash from the "tobacco money") and NYSERDA paid the balance via a
grant to PowerLight of California, the company that provided and installed the panels.
In the City's DEIS on downtown development it is conjectured that with full build-out of the
Cayuga Green project there will be shading of the panels (i.e., loss of solar access) whereby
Tompkins County could lose one third of the electricity generated by the panels.
1) With respect to the DEIS analysis of alternatives: It should be ascertained which components
of the complex-but-still-unspecified Cayuga Green project—housing? retail? parking stnicture:
—would interfere with solar access and to what degree. Once that is known, then discussion of .
alternatives in the DEIS should analyze different heights (number of stories) for each of the
components as that would affect shading of the panels. (E.g., for a parking structure south of the
TCPL, what shading would occur with a seven-story garage? a six-story garage? a five-story
garage?).
2) With respect to mitigation:
I have heard it mentioned that"the panels could simply be moved". This is a non-trivial
approach. The use of the NYSERDA grant was specific to the TCPL solar panel project. How
would relocating the panels be reconciled with that grant?
PowerLight has given the county a specific warranty for this installation; what would
happen to that varranty?
The flat-panel installation on the TCPL roof provides additional insulation to the building
and protects the roof itself(extending its life). Removal of the panels affects these benefits, too,
with cost implications to the county.
The impact of shading on the amount of electricity generated is likely to be much more
that a loss of one third. The panel array is in "strings" of panels; if one panel in a string is
shaded, the entire string goes off line. Tompkins County could lose more than half of the
electricity otherwise generated.
Additional costs to the county for electricity include more than just the direct costs of
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replacement power(which may be approximately$10K per year, depending on rates). There is
also a demand charge paid by large users of power(which could amount to another$10K per
year?). And there is loss of ability to shave peak demand(another$5K?).
I obviously do not have firm figures or answers to the questions raised, but wanted to be sure you
were aware of these real considerations.
Finally, so far as I have been able to ascertain, although the City staff may have been in touch
with PowerLight and its local rep, the City is not discussing this issue with the County—not with
our Planning Department staff, not with our Facilities manager, not with the EMC (which
originally studied and recommended this), and not with the County Board's Planning Committee
[newly reconfigured for 2003 as the Planning, Development, and Environmental Quality
Committee]. I think this has been a major mistake/oversight, which I hope will be rectified!
As chair of the Planning Committee I have discussed these concerns with County Board Chair
Tim Joseph, who shares my concerns on these issues.
Please let me know how I can help you deal with these issues.