HomeMy WebLinkAbout11-19-03 Planning & Economic Development Committee Meeting Agenda MEETING NOTICE
City of Ithaca
Planning& Economic Development Committee
Wednesday, November 19,2003
Common Council Chambers
City Hall-- 108 East Green Street
7:30 p.m.
Agenda
A. Agenda Review
B. Public Comment and Response
C Reports - Committee Members, Chair, Mayor, Planning Director
D. Public Hearing-Northside planning
E. Issues
1. Community Development Block Grant!(CDBG) -Development of
Consolidated Plan - Report 10 minutes
a .
3. Planned Unit Development(PUD) Zoning Ordinance Amendment 15 minutes
Resolutions - (bring documents from previous meeting, additional materials enclosed)
4. CEQR/SEQR- Resolutions (materials enclosed) 20 minutes
5. Zoning Issues -Resolutions (materials enclosed) 40 minutes
A. Waterfront Zone
B. Southwest Area - Building Setback Amendment
C. Wireless Communication Ordinance
6. Acceptance of Properties from New York State Department of
Transportation -Resolutions (material enclosed) 10 minutes
7. Driveway Purchase- Tentative (material enclosed) 10 minutes'
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,November 18, 2003.
On January 11, 2006, while in the process of pulling the
information from the Department files to be archived, I
discovered that there was never any minutes prepared for
November 19, 2003 meeting of the Planning & Economic
Development Committee of Common Council.
Rosemarie Tucker
Executive Assistant
o 1THq�9 CITY OF ITHACA E3
; '"'""' ` .es 108 East Green Street 3rd Floor Ithaca, Ne%
vt
I. �— ' lI'10
0 DEPARTMENT OF PLANNING AND DEVELOPMENT
E0_---- H.MATTHYS VAN CORT,DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING&DEVELOPMENT
Telephone: Planning & Development -607-274-6550 Community Development/IURA- 607-274-6559
Email: planning @citvofithaca.org Email: iura @citvofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning 86 Economic Development Committee
From:Tim Logue, Neighborhood 86 Economic Development Planner
Date: November 10, 2003
RE: PUD Ordinance
At your last meeting, a number of questions were raised about the
proposed Planned Unit Development (PUD) ordinance. The following
paragraphs summarize those questions/comments and propose changes
in response.
There was some concern that a PUD district could "land" in Collegetown
and that, with a future Council's approval, a developer might be able to
get a PUD that would allow substantial height increases, waivers of
parking requirements, or some other flexibility that would benefit the
developer at the expense of the general public. One option for the
Committee to consider is to exclude application of the PUD in the
Collegetown Parking Overlay Zone (CPOZ). The CPOZ is a large area, but
it functions as a separate zoning district. This exclusion could be added
in Section 3 with language such as, "The application of the PUD
ordinance to a proposed development: 4) shall be permissible in all
zoning districts in the City of Ithaca except for the Collegetown Parking
Overlay Zone."
A question was raised about the County Planning Department's review
and their recommendation to add a "requirement that the proposed
density is compatible with either the underlying zoning district or the
surrounding uses." On November 7, 2003, I sent a letter (attached) to the
County Planning Department to request a clarification on the term
"compatible," asking them if they meant equivalent or if some percentage
above the underlying zoning would be acceptable. At the Committee's
discretion, density requirements or maximums could be incorporated
into the PUD ordinance, anywhere from the same density allowed in the
underlying zoning to some percentage above that density, e.g. 125%,
150%, or 200% of the previously allowed density. Density of development
should not be confused with height as it can also mean greater lot
coverage. Though the City's Zoning ordinance does not define density, a
simple measure could be the number of dwelling units per acre. After
some discussion at the staff level, we would recommend a density cap at
An Equal Opportunity Employer with a commitment to workforce diversification." t�
150% of the allowable density. For example, if a site could previously be
developed with 20 dwelling units per acre, the maximum density allowed
in a PUD would be 30 dwelling units per acre. This density bonus would
certainly be an incentive for a developer to propose a PUD, but it could
also be a benefit for the City. Greater density could be achieved in the
core of the urbanized area with the oversight and review of both the
Planning and Development Board and the Common Council itself.
The Building Commissioner, Phyllis Radke, has requested a minor
change to the regulation after initial construction and occupancy
(Section 6). As it is currently written, any changes to a PUD after Final
Site Plan approval are dealt with as modifications to a site plan, a
process detailed in the City Code. However, it is not clear what to do with
a proposed change that is substantially different from an Council-
approved PUD (e.g., a new building). The following text has been added to
Section 6 as a recommendation to require a new PUD application for this
situation, "... Any changes other than use changes shall be processed as
a change to an approved site plan, in accordance with §276-6 (C). In
addition to the three possible determinations listed in §276-6 (C), the
Building Commissioner, in consultation with the Director of Planning
and Development, may determine that the proposed changes are
substantially different from the Planned Unit Development district
approved by Common Council an_d that a new PUD application is
required. Use changes shall also be in the form of a change to an
approved site plan except that the Planning and Development Board
shall have the opportunity to make a recommendation to Common
Council and that Common Council approval shall be required..."
Public discussion has taken place at meetings of the Conservation
Advisory Council (CAC), the Planning & Development Board, Planning &
Economic Development Committee, etc. and on file are written comments
from Jane Marcham, Kate Lunde, Sarah Steuteville, Sarah Adams, the
Conservation Advisory Council, and the Tompkins County Planning
Department.
In an effort to reduce paper, I am only recirculating the ordinance itself
with this memo. As part of last month's mailing, you should have a copy
of the Long Environmental Assessment form, resolutions for lead agency
and a negative declaration of significant environmental impact, a
schedule of actions, and comments from various people.
Qi,k% CITY OF ITHACA
vim'; �_�"`•��, 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
I IIT !I' rte;'
y - DEPARTMENT OF PLANNING AND DEVELOPMENT
c�gPoRATEp��' H. MATTIiYS VAN CORT. DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. :MeDONALD. DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH. DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 60--2-4-6550 Community Development ICR,A - 6U--3-+6559
Email: planning(u citvofithaea.org Email: iurtirt ciryolithaca.ort;
Fax: Or-2-4-6558 Fax: 60--2-4-6558
November 7, 2003
•
Edward C. Marx, AICP
Commissioner of Planning
Tompkins County Department of Planning
121 E. Court Street
Ithaca, NY 14850
•
Re: Request for clarification on GML §239 -1 and -m review
Action: Zoning Amendment to add Planned Unit Development Ordinance
Dear Mr. Marx:
Thank you for your letter dated September 12th in regard to this action. The
City of Ithaca requests a clarification on your recommendation for the proposal.
You wrote, "[The City] should include a requirement that the proposed density
is compatible with either the underlying zoning district or the surrounding
uses. This could be added to the criteria for which a favorable report could be
issued by the Planning and Development Board (Section 5)...We believe that
some density requirement will ensure that the proposed development is
compatible with the scale of the surrounding properties."
The City of Ithaca is considering adding a density requirement to the proposed
PUD ordinance, but would like a clarification on the term "compatible." Does
compatible mean equivalent? Would some percentage above the existing
allowed density be compatible, e.g. 125% or 150% of the allowed density? Can
the City avoid the need for a supermajority vote if the PUD ordinance states
that density must be compatible with either the underlying zoning district or
the surrounding uses, but leaves the interpretation of `compatible" to the
Planning and Development Board?
Lastly, to be clear, do you mean that the density recuirement could he a part of
the Planning and Development Board's favorable report, :.-rich is a
recommendation to Common Council, or do you mean that it should be a
binding requirement of any PLO district in the City?
An Equal Opportunity Ernpjnver with a (ornmitmcnt to ,vor rorce tiiver,Nification i i
The Planning & Economic Development Committee will review this matter at
their November 19th meeting. If you can respond in that short time, it would be
most appreciated. If the PUD ordinance is approved at the committee level, it
would move on to the full Common Council at their December 3rd meeting, by
which time we would definitely need your response.
Sincerely,
Tim Logue, Neighborhood & Economic Development Planner
CC: H. Matthys Van Cort, Director of Planning & Development
Norma Schwab, City Attorney
•
11/13/20039.'25/2003
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA,
CHAPTER 325, ENTITLED "ZONING" TO ESTABLISH PLANNED UNIT
DEVELOPMENT DISTRICT REGULATIONS.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that Chapter 325, Section 325-4 of the Municipal Code of
the City of Ithaca be amended to create a new zoning district to
be known as the Planned Unit Development (PUD) district .
Section 1 . Declaration of Legislative Authority, Findings and
Purpose . This ordinance is enacted pursuant to the authority and
provisions of the New York State General City Law to promote
public health, safety and welfare and the most desirable use of
land, to conserve the value of buildings, and to enhance the
value and appearance of land throughout the city. As of July 1,
2004 , this ordinance will also be enacted pursuant to the
authority and provisions of New York State General City Law
§81-f, Planned Unit Development Zoning Districts, which was made
law on July 29, 2003 . The Common Council finds that this
Ordinance :
1 . Will 'permit flexibility in the application of land
development regulations that will encourage innovative
development and redevelopment for residential and
nonresidential purposes so that a growing demand for
other housing and other development and land use may be
met by variety in type, design, and layout of dwellings
and other buildings and structures, including traditional
neighborhood development .
2 . Will provide flexibility in architectural design,
placement, and clustering of buildings, use of open
areas, provision of circulation facilities, including
pedestrian and bicycle facilities and parking, and
related site and design considerations .
3 . Will encourage the conservation of natural features,
preservation of open space and critical and sensitive
areas, and protection from natural hazards .
4 . Will provide for efficient use of public facilities .
5 . Will encourage and preserve opportunities for energy-
efficient development and redevelopment .
q: planningprojects\zoning\pudpud ordinance.doc 1
11/13/20039/2512003
6 . Will promote attractive and functional environments for
nonresidential areas that are compatible with surrounding
land use .
Section 2 . Chapter 325, Section 325-3 of the Municipal Code of
the City of Ithaca is hereby amended to add the definition of
Planned Unit Development as follows, "One or more lots, tracts,
or parcels of land to be developed as a single entity, the plan
for which may propose density or intensity transfers, density or
intensity increase, mixing of land uses, or any combination
thereof, and which may not correspond in lot size, bulk, or type
of dwelling or building, use, density, intensity, lot coverage,
parking, required common open space, or other standards to
zoning use district requirements that are otherwise applicable
to the area in which it is located. "
Section 3 . The application of the Planned Unit Development
ordinance to a proposed development :
1 . Shall be by the owner of the property or properties, or
shall be made with the approval of the owner or owners of
the property or properties, as demonstrated by submission
to the City of Ithaca of a signed "Owner' s Authorization"
by the applicant ;
2 . Shall be limited to development that is equal to or
greater in land area than 60 , 000 square feet for
undeveloped land or 20 , 000 square feet for redeveloped
land.
3 . Shall be consistent with and work towards the
implementation of the City of Ithaca Comprehensive Plan,
as amended from time to time .
Section 4 . Application procedure; zoning approval process .
Whenever any Planned Unit Development is proposed, before any
permit for the erection of a permanent building in such Planned
Unit Development shall be granted, the developer or the
developer' s authorized agent shall apply for and secure approval
of such Planned Unit Development in accordance with the
following procedures .
A. Application for sketch plan approval .
1 . A pre-submission conference between the applicant and
staff of the Department of Planning and Development
may be held to discuss the proposal , outline the
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review procedure and required submissions and inform
the applicant of minimum standards and potential city
concerns of the conceptual project . This step may be
beneficial because the applicant will learn about his
or her responsibilities before expending significant
resources regarding the project .
2 . In order to allow the Planning and Development Board
and the developer to reach an understanding on basic
design requirements prior to detailed design
investment, the developer shall submit a sketch plan
of the proposal to the Planning and Development Board.
The sketch plan shall be approximately to scale,
though it need not be to the precision of a finished
engineering drawing, and it shall clearly show the
following information:
a) The boundaries and included tax parcels in the
proposed Planned Unit Development .
b) The location of the various uses and their areas in
square feet .
cr The general outlines of the interior roadway
system, including parking and service/delivery
areas, and all existing rights-of-way and
easements, whether public or private .
d) Delineation of the various residential areas
indicating for each such area its general extent,
size and composition in terms of total number of
dwelling units, approximate percentage allocation
by dwelling unit type (e .g. , single-family
detached, duplex, townhouse, garden apartments,
etc . ) ; and general description of the intended
market structure (e .g. luxury, middle income, low
and moderate income, elderly, family, student,
etc . ) plus a calculation of the residential density
in dwelling units per gross acre (total area
including roadways) for each such area.
e) The interior open space system.
f) The overall drainage system.
g) If grades exceed 3% or portions of the site have a
moderate to high susceptibility to erosion,
flooding and/or ponding, a topographic map showing
contour intervals of not more than five feet of
elevation, or as may be reasonably required by the
Planning & Development Board, along with an overlay
outlining the above susceptible soil areas, if any.
q:\planning'projects\zoning`pud'pud zoning ordinance.doc 3
11/13/20039/2512003
h) Principle ties to the community at large with
respect to transportation, water supply and sewage
disposal .
i) General description of the provision of fire
protection services .
j ) A location map showing general location within the
City of Ithaca (e .g. , a City-wide map or a USGS
quadrangle map highlighting the proposed
development site would be acceptable) .
k) A context map showing building footprints, uses and
ownership of all properties within 200 feet of the
boundaries of the proposed PUD site .
3 . In addition, the following documentation shall
accompany the sketch plan at the request of the
Planning and Development Board:
a) Evidence that the proposal is compatible with the
goals of the City Comprehensive plan.
b) A general statement as to how common open space is
to be owned and maintained.
c) ' If the development is to be staged, a general
indication of how the staging is to proceed.
Whether or not the development is to be staged, the
sketch plan shall show the intended total project .
d) Other plans, drawings or specifications as may be
required for an understanding of the proposed
development .
4 . The Planning and Development Board shall review the
sketch plan and its related documents and shall render
either a favorable report to the Common Council or an
unfavorable report to the applicant .
a) A favorable report shall be based on the following
findings which shall be included as part of the
report :
i . the proposal conforms to the Comprehensive Plan
ii . the proposal meets the intent and objec:ives of
a Planned Unit Development as expressed in
Section 1 (above)
iii . the proposal is conceptually sound in :hat it
conforms to accepted design principles in the
proposed functional roadway and pedestrian
system, land use configurations, open soace
q: planning'projects`zoningApid pod zoning ordinance.doc 4
11/13/20039125'2003
system, drainage system and scale of the
elements both absolutely and to one another
iv. there are adequate services and utilities
available or proposed to be made available for
the development
b) An unfavorable report shall state clearly the
reasons therefore and, if appropriate, point out to
the applicant what might be accomplished in order
to receive a favorable report . The applicant may,
within 10 days after receiving an unfavorable
report, file an application (an appeal) for PUD
districting with the City Clerk, who shall notify
the Mayor to bring the matter to the next Common
Council meeting.
5 . The Planning and Development Board shall submit its
report within sixty-five (65) days of a submittal of a
sketch plan application to the Department of Planning
and Development . If no report has been rendered after
sixty-five (65) days, the applicant may proceed as if
anfavorable report were given to Common Council .
B. Application for PUD districting
1 . Upon receipt of a favorable report from the Planning
and Development Board, or upon an appeal from an
unfavorable report, Common Council shall conduct a
public hearing for the purpose of considering PUD
district for the applicant' s plan, said public hearing
to be held within 35 days of the receipt of a
favorable report or the decision on appeal from an
unfavorable report . Notice of this hearing shall be
served by the city to the public at least fifteen (15)
days before the date of such hearing, by means of a
legal notice in the official newspaper of the City of
Ithaca. The public hearing shall be held by the Common
Council in accordance with its own rules and General
City Law §83 .
2 . Common Council shall refer the application to the
Tompkins County Planning Department for its analysis
and recommendation pursuant to the provisions of
§239-1 and §239-m of the General Municipal Law, if
applicable . Common Council shall give the Tomc ins
County Planning Department 30 days to render ' -s
report .
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3 . In considering an application for a Planned Unit
Development district, Common Council shall comply with
the provisions of the New York State Environmental
Quality Review Act and the City of Ithaca
Environmental Quality Review Ordinance .
4 . Within 45 days of the public hearing, Common Council
shall render its decision on the application.
C. Zoning for Planned Unit Development . If Common Council grants
the PUD districting, by an ordinance duly adopted, the Zoning
Map shall designate the proposed area as "Planned Unit
Development (PUD) District Number . " Common Council shall
state at this time its findings with respect to the land use
intensity and/or dwelling unit density. Common Council may, if
it feels it necessary in order to fully protect the public
health, safety and welfare of the community, attach to its
zoning resolution any additional conditions or requirements for
the applicant to meet . Such requirements may include, but are
not limited to :
1 . visual and acoustical screening
2 . land use mixes
3 . sequence of construction and/or occupancy
4 . circulation systems (vehicular, bicycle, and pedestrian) ,
including parking and service/delivery areas
5 . protection of natural and/or historic sites
6 . the amount, location, and proposed use of common open
space;
7 . the location and physical characteristics of the proposed
Planned Unit Development ;
8 . the location, design, type, height , and use of structures
proposed;
9 . traditional neighborhood development provisions intended
to ensure :
a) The creation of compact neighborhoods oriented toward
pedestrian activity and including an identifiable
neighborhood center, commons or square;
b) a variety of housing types, jobs, shopping, services ,
and public facilities;
c) residences, shops, workplaces, and public buildings
interwoven within the neighborhood, all within close
proximity;
d) a pattern of interconnecting streets and blocks,
preferably in a rectilinear or grid pattern, that
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encourages multiple routes from origins and
destinations;
e) a coordinated transportation system with appropriately
designed facilities for pedestrians, bicyclists,
public transit, and automotive vehicles;
f) preservation, restoration, and maintenance of historic
buildings that physically express the history of the
City of Ithaca unless it is shown that the building' s
condition prohibits preservation, restoration,
renovation, or reuse;
g) natural features and undisturbed areas are
incorporated into the open space of the neighborhood;
h) well-configured squares, greens, landscaped streets,
and parks are woven into the pattern of the
neighborhood;
i) public buildings, open spaces, and other visual
features act as landmarks, symbols, and focal points
for community identity;
j ) compatibility of buildings and other improvements as
determined by their arrangement, bulk, form,
character, and landscaping to establish a livable,
harmonious, and diverse environment; and
k) public and private buildings that form a consistent,
distinct edge, are oriented towards streets, and
define the border between the public street space and
the private block interior.
Section 5 . Site Plan Review. Site plan approval for all Planned
Unit Developments shall be obtained in accordance with Chapter
276 of the City Code, Site Plan Review.
Section 6 . Regulation after initial construction and occupancy.
For the purposes of regulating development and use of property
after initial construction and occupancy, the approved final
site plan shall serve in lieu of other provisions of this
chapter as the use, space and bulk, yard, parking and other land
use regulations applicable to the Planned Unit Development
district . Any changes other than use changes shall be processed
as a change to an approved site plan, in accordance with §276-6
(C) . In addition to the three possible determinations listed in
5276-6 , the Building Commissioner, in consultation with the
Direc`_=r of Planning and, Developmen'� may determine ci^_ t`1e
proposed changes arm. substantial y different from: the Penned
Unit Development district approved by Common Council and. thaLa
new PUD application is re_ruired_Use changes shall also be in
the form of a change to an approved site plan except that the
Planning and Development Board shall have the opportunity to
q:Aplanning projects\zoning`,pudpud zoning ordinance.doc 7
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make a recommendation to Common Council and that Common Council
approval shall be required. It shall be noted, however, that
properties lying in Planned Unit Development districts are
unique and shall be so considered by the Planning and
Development Board or Common Council when evaluating these
requests; maintenance of the intent and function of the planned
unit shall be of primary importance .
Section 7 . Expiration of permit . All permits shall become null
and void, and the Zoning Map amendment revoked and restored to
the zoning designation to which the district had been prior to
the PUD application, if construction has not started within
three (3) years of the date of final site plan approval .
However, the applicant may petition the Planning and Development
Board before the expiration date for an extension of no more
than two (2) years . If the applicant can demonstrate substantial
investment or reasonable progress towards construction to the
Planning and Development Board, the extension shall not be
unreasonably denied. Additional extensions may also be granted
by the Planning & Development Board.
q:!planning'projects\zoning\pud pud zoning ordinance.doc 8
CITY OF ITHACA E4
rd
IC)!I nn ) I�,/ 108 East Green Street — 3 Floor Ithaca, New Ye
ea WiT'Tl•
DEPARTMENT OF PLANNING AND DEVELOPMENT
H. MATTHYS VAN CORT, DIRECTOR OF PI.ANiNING AND DEVELOPMENT
DOUGLAS B. McDONALD. DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH. DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-2'4-6550 Community Development/It:RA - 60'-27+-6559
Email: planning@cityofithaca.org Email: iura@cityolithara.org
Fax: 607-274-6558 Fax: 60--274-6558
TO: Planning and Economic Development Committee
FROM: Jennifer Kusznir, Economic Development Planne -� -'
•DATE: November 13, 2003
RE: Proposed Amendments to City of Ithaca Environmental Quality Review
Ordinance (CEQR)
The purpose of this memo is to provide you with information regarding the status of the
proposal to amend the City of Ithaca Environmental Quality Review Ordinance. The draft
ordinance was considered for adoption by the Common Council at its November meeting.
During that meeting it was requested that staff meet with members of the Conservation
Advisory Council to discuss the proposed revisions to the ordinance. Due to schedule
conflicts, staff is unable to meet with the Conservation Advisory Council prior to November
17, 2003. After this meeting takes place staff will prepare any recommended changes to the
ordinance that was previously sent to you. The revised ordinance will be handed out at the
November 19, 2003 meeting.
Enclosed for your consideration are draft resolutions for lead agency, environmental
significance, and adoption. Please feel free to contact me at 274-6550 if you have questions
or require further information.
"An Equal Opportunity Employer with a commitment to workforce diversification."
11/13/03
Draft Resolution:
Declaration of Lead Agency for the Adoption of the Proposed Revisions to the City of
Ithaca Environmental Quality Review Ordinance (CEQR)
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's Environmental Quality Review
Ordinance is an "Unlisted" 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 revisions to the City of Ithaca
Environmental Quality Review Ordinance (CEQR)
q:lplanninglprojectslcegro revisionslresolution-lead agency ceqro revision8-13-03.doc
11/13/03
11/13/03
Draft Resolution:
Proposed Adoption of Revisions to the City of Ithaca's Environmental Quality
Review Ordinance - Determination of Environmental Significance
WHEREAS, the City of Ithaca is considering a proposal to adopt revisions to its
Environmental Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of the Short Environmental Assessment Forms (SEAF), and
WHEREAS, this revision has 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 an Unlisted Action under the City Environmental
Quality Review Act (CEQR Sec.176-12B), and
WHEREAS, the Common Council recognizes that the existing Type I list for the City is
extensive and carries with it the presumption that every Type I action will need an
environmental impact statement and
WHEREAS, history has shown that this is not the case and that revising the type 1 list
does not preclude environmental review, and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency,
reviewed the SEAF prepared by planning staff and has determined that the adoption of
the proposed revisions 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 Short 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
11/13/03
Draft Resolution:
Adoption of the Revisions to the City of Ithaca Environmental Quality Review
Ordinance (CEQR)
WHEREAS, the City of Ithaca Environmental Quality Review Ordinance (CEQRO)
currently differs from the State Environmental Quality Review Act (SEQR) in many
ways, and
WHEREAS, the City of Ithaca Common Council recognizes that many of these
differences are minor and consist of discrepancies in numbering and format, and
WHEREAS, these minor discrepancies cause confusion to applicants and project
sponsors seeking to comply with both City and State environmental review for projects in
the City of Ithaca, and
WHEREAS, the existing ordinance contains conflicts between the State Type II actions
and the City of Ithaca type I actions, and revisions have been made in an effort to
eliminate these conflicts, and
WHEREAS, a public hearing was held for the adoption of these CEQR revisions on
September 3, 2003, and
WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on
November 5, 2003, determined that the proposed action will not have a significant effect
on the environment, and that further environmental review is unnecessary, now therefore
be it
RESOLVED, That the City of Ithaca Common Council hereby adopts the revised City
Environmental Quality Review Ordinance.
Q:IPLANNINGIPROJECTSICEQRO RevisionslResolution-Adoption.doc
.... �,, CITY OF ITHACA
v, 108 East Green Street— 3° Floor Ithaca, New
E5A
u TT!:
DEPARTMENT OF PLANNING AND DEVELOPMENT
Q� H. MATTHYS VAN CORT. DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD. DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH. DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-27-+-6550 Community Development It-RA - 60'-274-6559
Email: planning(a cityofithaca.org Email: iura,""cirvofithaca.org
Fax: 607-2 74-6558 Fax: 60 7-274-6558
To: Planning Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: November 12, 2003
Subject: Proposal to Amend the City of Ithaca Waterfront Zoning District
Enclosed for your review please find a draft of the revised Waterfront Zoning District
Ordinance, which was previously discussed at your October Committee Meeting.
The Waterfront Zoning District, which was adopted by the Common Council on October 7,
1999, includes: all of Inlet Island, bounded on the west by the center line of the Flood Control
Channel; on the east by the railroad tracks and the eastern edge of tax parcels fronting on the
Cayuga Inlet, to the north by the tip of Inlet Island, and to the south, by the center line of Six
Mile Creek.
The layout that was adopted included a 40-foot wide WF-l a zone (no build to accommodate
the promenade), then a 100-foot wide WF-lc zone (2 story minimum, 3 story maximum
building height), leaving only a small piece of land for the WF-ld zone (3-story minimum, 5-
story maximum building height). The intention of the re-zoning was for larger buildings to be
located on the interior of the island to protect views from the water's edge and to avoid creating,
a canyon effect with very tall buildings next to the promenade. After due consideration,
including sketch examples of possible development scenarios, etc, staff came to the conclusion
the goal of the setback could be achieved with the modified provisions proposed, and that the
existing provisions were excessive. Staff proposes to replace the WF-lc zone of 2-3 stories
with the WF-1d 3-5 story zone. In order to maintain an appropriate edge between the
promenade and the buildings, new language has been added to the ordinance that requires a 20-
foot step back of 2-3 stories next to the no build zone. Enclosed are maps of the existing
waterfront zoning, the proposed waterfront zoning, and the revised ordinance.
An environmental review of this action has been completed, and the Full Environmental
Assessment Form is enclosed. 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 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.
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•
11/12/2003
City of Ithaca Long Environmental Assessment Form
Project Information by Applicant
Notice: This document is designed to assist in determining whether the action proposed
may have a significant effect on the environment. Please complete the entire form.
Answers to these questions will be considered as part of the application for approval and
may be subject to further verification and public review. Provide any additional
information you believe will be needed to complete parts 2 and 3.
1 Revisions to the City of Ithaca Waterfront Zoning
Name and Location of Project:
'District
!Name of Applicant: City of Ithaca
I Street: 108 East Green Street
ICity/TownNillaae: Ithaca State: N.Y. ZIP:14850
Business Phone: 607-274-6550 1
IName of Owner (If Different): I
Street:
City/TownNillage: State: ZIP:
'Business Phone:
!Type of Project: ;Revision to City Zoning Ordinance
Please Complete Each Question--Indicate N.A. if not applicable
A. SITE DESCRIPTION
(Physical setting of overall project, both developed and undeveloped areas.)
11. Character of the land: !X Generally uniform slope Generally uneven and rolling or
irregular
2. Present Land Use: Urban Industrial X Commercial X Public Forest
Agricultural Other:
3. Total area of project —26 acres (Chosen units apply to following section also)
area:
Approximate Area (Units in question 3 apply to this Presently After Completion
section)
a. Meadow or Bnishland
b. Wooded
c. Agricultural
d. Wetland (as per Articles 24 of ECL)
e. Water Surface Area
-f. Public/Lawn —4 —4
Page 1 17
11/12/2003
fig. Water Surface Area
h. Unvegetated (rock, earth or fill) 16 TBD
�1. Roads, buildings and other paved surfaces –6 TBD
Li. Other (indicate type)
4a. What is predominant soil type(s) on
!Silty Sand
project site? e.g. HdB, silty loam, etc.
4b. Percentage well drained: 100%
Moderately:_well drained: Poorly drained:
5a. Are there bedrock outcroppings on
project site? NO
5b. What is depth of bedrock? (feet) 400+/-
5c.What is depth to the water table? (feet) 1-15+/-
6. Approximate percentage of proposed 1100% 0-10%: % 10-15%: % 15% or
project site with slopes: (greater: %
7. Do hunting or fishing opportunities YES
presently exist in the project area?
8. Does project site contain any species of
plant or animal life that is identified as NO
threatened or endangered?
9. Are there any unique or unusual NO
landforms on the project site? (i.e., cliffs,
other geological formations)
10. Is project within or contiguous to a site INO
(designated a unique natural area or critical Describe:
;environmental area by a local or state
'agency?
111. Is the project site presently used by the YES
community or neighborhood as an open
'.space or recreation area?
'12. Does the present site offer or include YES
scenic views known to be important to the
;community?
13. Is project contiguous to, or does it YES
contain a building or site listed on or if Yes, Explain: The Station Restaurant is
eligible for the National or State Register of listed on the national registry of historic
Historic Places? places
or designated a local landmark or in a YES—Station Restaurant is listed as a
local landmark district? local landmark
gage 2 of 17
11/12/2003
14. Streams within or contiguous to project area: Six Mile Creek, Cayuga Inlet, Flood
Control Channel
115. Lakes,ponds, wetland areas within or a. Name: Cayuga Lake
contiguous to project area:
16. What is the dominant land use and 1P-1, R-2a, R-3a, R-2b, R-3b, B-2c, B-2d, I-
zoning classification within a 1/4-mile I1, M-1, WF-la, WF-lb, WF-lc, WF-1d,
radius of the project? (e.g. single family ;WE DZ-1 a, WEDZ-1 b, SW-2
residential, R-la or R-lb) and the scale of
development (e.g. 2 story)
17. Has the site been used for land disposal yes X No
of solid or hazardous wastes? if Yes, Describe:
B. PROJECT DESCRIPTION
1.Physical dimensions and scale of project(fill in dimensions as appropriate)
1. a. Total contiguous area owned by project sponsor: 5.3 acres
1.b.;Project acreage developed Acres initially: —6 acres Acres ultimately: TBD
1. c. Project acreage to remain undeveloped:—4 acres
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: . N/A
1. f Number of off-street parking spaces existing:-250+/-proposed: TBD
1. g. Maximum vehicular trips generated per day: and per hour: (upon completion of
iproject).N/A
1. h. If residential: Number and type of housing units (not structures):
One Family Two Family Multiple Family Condominium
Initial 0 0
Ultimate TBD TBD
If non-residential, Orientation: Commercial Industrial
Neighborhood City Regional -- Estimated Employment N/A
1. i. Total height of tallest proposed structure: feet. Maximum allowable height under
Zoning is five stories 12-15' for l" story, 12' for each additional story and 5' for a
cornice. This is a total maximum of 68'.
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 %%ill be
Page 3 1 i
11/12/2003
removed from the site: N/A
4. Will any mature trees or other locally important vegetation be removed by this project?
N/A
5. Are there any plans for re-vegetation to replace that removed during construction? N/A
6. If single phase project: Anticipated period of construction months, (including
demolition) N/A
7. If multi-phased project N/A
7. a. Total number of phases anticipated N/A
7. b. Anticipated date of commencement phase one month year, (including demolition)
N/A
7. c. Approximate completion date of final phase month year. N/A
7. d. Is phase one financially dependent on subsequent phases? N/A
8. Will blasting occur during construction? N/A if yes, explain N/A
9. Number of jobs generated: during construction after project is completed ". N/A
10. Number of jobs eliminated by this project: N/A Explain: N/A
11. Will project require relocation of any projects or facilities? yes X No; if yes, explain
12. a. Is surface or sub-surface liquid waste disposal involved? yes X No
112. b. If yes, indicate type of waste (sewage, industrial, etc)
12. c. If surface disposal, where specifically will effluent be discharged?
113. Will surface area of existing lakes, ponds, streams, or other surface waterways be
increased or decreased by proposal? yes X No
14. a. Will project or any portion of project occur wholly or partially within or contiguous
to the 100 year flood plain? YES
114. 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 X No
14. d. If yes for a, b, or c, explain:
15. a. Does project involve disposal or solid waste? yes X No
15.b. If yes, will an existing solid waste disposal facility be used'? yes No 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'?
yes No; if yes, explain N/A
15. e. Will any solid waste be disposed of on site? yes No; if yes, explain N/A
16. Will project use herbicides or pesticides? yes No; if yes, specify N/A
Page 4 of 17
11/12/2003
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?
dyes X No; if yes, explain
118. Will project produce odors? N/A; if yes, describe N/A
119. Will project product operating noise exceed the local ambient noise level during
!construction? N/A; After construction? N/A
120. Will project result in an increase of energy use? N/A; if yes, indicate type(s) N/A
121. Total anticipated water usage per day gals/day. Source of water.N/A
22. Zoning:
22. a.What is dominant zoning classification of site? . WF
22. b. Current specific zoning classification of site? . WF-1 a, WF-lb, WF-1c, WF-ld
22. c. Is proposed use consistent with present zoning? No
22. d. If no, indicate desired zoning . Attached revisions to existing zoning
23. Approvals:
23. a. Is any Federal permit required? NO 2. Specify
23.b. Does project involve State or Federal funding or financing? yes - X No. If Yes,
Specify
23. c. Local and Regional approvals:
(Yes- Approval Submittal
No) Required (type) Date Approval 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
Page 5 cr 17
11/12/2003
City of Ithaca Long Environmental Assessment Form
ENVIRONMENTAL ASSESSMENT - PART 2
IMPACT ON LAND—Extent of impact TBD–See Part III
41. Will there be an effect as a result of a physical Small to 1Potential Can Impact
change to project site? Moderate ' Large be RPerdoueced
jX yes no Impact Impact by
Change?
'Any construction on slopes of 15% or greater, (15 foot
rise per 100 foot of length), or where the general slope I
in the project exceeds 10%. ;
Construction on land where the depth to the water table
is less than 3 feet.
X
Construction of parking facility/area for 50 or more X X
vehicles.
Construction on land where bedrock is exposed or
kgenerally within 3 feet of existing ground surface.
Construction that will continue for more than 1 year or X
'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. i I
'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: ------------------- - -
2. Will there be an effect on any unique landfonns Small to Potential Can Impact
found on the site? (i.e. cliffs, gorges, geological be Reduced
formations, etc.) Moderate Large by Project
yes X no Impact Impact Change?
Specific land forms:
3. Will there be an effect on any site designated as a
unique natural area or a critical environmental area by
a local or state agency?
Page 6 of 17
1
,
11/1212003
yes X no I ,
- — 1
IMPACT ON WATER—Extent of impacts to be determined—See Part III
;14. Will project affect any water body designated I ated I Can Impact 11
1 ; Small to Potential
las protected? (Under article 15 or 24 of the I be Reduced 1;
!Environmental Conservation Law,E.C.L.) Moderate Large by Project il
Iyes X no ; Impact Impact ,
Change? 11
1Dredging more than 100 cubic yards of material I I I
from channel of a protected stream.
!Construction in a designated freshwater wetland.
il
Other impacts: I l'
' 1 . . ., Can Impact be
5. Will project:affect-any non-protected existing or 1 Small to Potential
I Reduced by
new body of water? .: 'Moderate Large .
Project
X yes no • 1 Impact Impact
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.
1 .
;Construction, alteration, or conversion of a body of
;water that exceeds 10,000 sq. ft. of surface area
.---
!Pall Creek, Six Mile Creek, Cascadilla Creek, Silver ; 1
X ,
Creek, Cayuga Lake or the"Cayuga Inlet?
Other impacts:
1 ; ,
1 ,
6. Will project affect surface or groundwater 1 Small to Potentia Can Impact be
quality? ;Moderate 1 Large Reduced by
TBD ! Impact Impact Project Change?
Project will require a discharge permit.
Projec,requires use of a source of water that does
not have approval to serve proposed project.
Construction or operation causing any
contamination of a public water supply system.
_ - –
Project will adversely affect groundwater.
---
Liquid effluent will be conveyed off the site to
facilities which presently do not exist or have
?age 7 of 17
11/12/2003
inadequate capacity.
Project requiring a facility that would use water in TBD
excess of 20,000 gallons per day or 500 gallons per
minute.
Project will likely cause siltation or other discharge
into an existing body of water to the extent that
there will be an obvious visual contrast to natural
conditions.
I Other impacts:
DRAINAGE—See Part III
7. Will project alter drainage flow, drainage Small to !Potential Can Impact be
patterns or surface water runoff? Moderate Large Reduced by
TBD Impact I 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
1 1
, Can Impact I
8. Will project affect air quality? Small to Potential be Reduced
Moderate Larae
yes X no by Project
Impact Impact
Chance?
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 IA ill
exceed 5 lbs per hour or a heat source
producing more than 10 million BTUs per
hour.
Other impacts:
Page 8 of 17
•
11/12/2003
IMPACTS ON PLAINTS AND ANIMALS
9. Will project affect any threatened or Small to Potential Can Impact
endangered species? Moderate Large be Reduced
yes X no Impact Impact by Project Change?
Reduction of any species listed on the New �I
York or Federal list, using the site, found over,
on, or near site.
Removal of any portion of a critical or
significant wildlife habitat.
Application of pesticide or herbicide more than
twice a year other than for agricultural
purposes.
Other impacts
I
IMPACTS ON PLANTS AND ANIMALS
Can Impact
110. Will project substantially affect non- Small to Potential be Reduced
threatened or non-endangered species? Moderate Large by Project
yes X no Impact Impact 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 —See Part III
11. Will the project affect views, vistas or the to Potential Can Impact
visual character of the neighborhood or , Reduced
community? Moderate Large by Project
X yes no Impact Impact Change?
All incompatible visual effect caused b . the
introduction of new materials, colors. and or
forms in contrast to the .surrounding lanriecane
Page 9 of 17
11/12/2003
A project easily visible, not easily screened,
that is obviously different from others around X
lit.
'Project will result in the elimination or major
screening of scenic views known to be
limportant to the area.
Other impacts:
IMPACT ON HISTORIC RESOURCES—See Part III
12. Will project impact any site or structure of Can
Small to Potential Impact be
(historic,prehistoric or paleontological Moderate Large Reduced
importance? ` Impact j, Impact by Project
X yes no ange?
Project occurring wholly or partially within or
contiguous to any facility or site listed on or
eligible for the National or State Register of X
'Historic Places.
Any impact to an archaeological site or fossil
bed located within the project site.
Project occurring wholly or partially within or
contiguous to any site designated as a local X
landmark or in a landmark district.
Other impacts:
IMPACT ON OPEN SPACE AND RECREATION —See Part III
Can
,13. Will the project affect the quantity or qualit2
of existing or future open aces or recreational Small to Potential Impact be
p p Moderate Larce Reduced
opportunities? I j
Y yes no Impact Impact by Project
Chance?
The permanent foreclosure of a future
recreational opportunity.
A major reduction of an open space important
to the community.
Other impacts: Increase in public recreational
space.
Dage 10 of 17
• 11/12/2003
i
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing I Small to Potential Can Impact be 1
transportation systems? Moderate Large Reduced by Project
! yes X no Impact Impact Change?
lAlteration of present patterns of
I movement of people and/or goods.
i . 1
Project will result in traffic problems.
Project will result in [dual wheel] truck
traffic (three axle or more) of more than
110 vehicles per eight-hour period per
i day.
1 . ,
0the-flim paCts: • , 1
IMPACT ON ENERGY
15.Will project affect the community's Small to .Potential Can Impact be
sources of fuel or energy supply? Moderate Lar ge Impact Reduced by Project
yes X no • Impact Change?
Project causing greater than 5%
increase in any form of energy used in
i municipality.
1Project requiring the creation or
extension of an energy transmission or
supply system to serve more than 50
single or two family residences.
Other impacts:
IMPACT ON QUALITY OF DAILY LIFE -See Part III
16. Will there be objectionable odors,
noise, glare, vibration or electrical Small to Can Impact be
. Potential Larae
• disturbance during construction of or Moderate
Reduced by Project
Impact
after completion of this project? Impact 1 Change?
X yes no 1
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
1
I
Page 1 I o'17
•
• 11/12/2003
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: During any construction there will be impacts on noise and air.
IMPACT ON HEALTH AND HAZARDS
17. Will project affect public health Small to Potential Can Impact be; and safety? • Moderate Large Impact Reduced by Project
yes X no Impact Change?
Project will cause a risk of explosion
I 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
premises of any residential,
commercial or industrial property in
excess of 30,000 square feet.
Other impacts:
IMPACT GROWTH AND CHARACTER OF COMMUNITY OR
NEIGHBORHOOD—See Part III
18. Will project affect the character Small to
Potential Large, Can Impact be Reduced
of the existing community? Moderate
Impact by Project Change?
X yes 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.
Page 12 of 17
11/12/2003
The municipal budgets for capital
expenditures or operating services
will increase by more than 5%per
1 year as a result of this project.
11 The project will replace or eliminate
existing facilities, structures, or areas
of historic importance to the
community.
Development will induce an influx of
,
1 a particular age group with special
needs.
Project will set an important X (See
precedent for future projects. Part III)
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
concerning the project? Moderate Large Reduced by Project
yes X no Impact Impact Change?
Either government or citizens
of adjacent communities have
expressed opposition or
1 rejected the project or have not
been contacted.
Objections to the project from
within the community. A
If any action in part 2 is identified as a potential large impact, or if you cannot
determine the magnitude of impact, proceed to part 3.
Determination
Upon review of the information recorded on this EAF (Parts 1, 2, and 3) and considering
both the magnitude and importance of each impact, it is reasonable determined that:
A. The project will result in no major impacts and, X PREPARE A NEGATIVE
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 sioniticant
effect in this case because the mitigation measures PREPARE A NEGATIVE
described in PART 3 have been included as part of the DECLARATION
proposed project.
___
Page 13 of 17
•
11/12/2003
C. The project will result in one or more major impacts PREPARE A POSITIVE
that cannot be reduced and may cause significant DECLARATION, PROCEED
damage to the environment. WITH EIS
Date: August 14, 2003 !Sio-nature of Responsible Official in
t--
; !Lead Agency
!Print or Type name of Responsible
Signature of Preparer(if different from responsible Official in lead Agency:
!officer)
!Title/Position: Economic Development Planner ;Lead Agency's Name: City of Ithaca
•
Page 14 c.j1-
11/12/2003
City of Ithaca
Long Environmental Assessment Form—Part III
Proposed Rezoning of the Waterfront Zoning District
August 27, 2003
PROPOSED ACTION
The action is a proposal to revise the waterfront zoning district. As with all zoning
changes, any project proposed within this zoning district must undergo a separate
environmental review.
The existing waterfront zoning district was adopted by the Common Council on October
7, 1999 and includes: all of Inlet Island, bounded on the west by the center line of the
Flood Control Channel; on the east by the railroad tracks and the eastern edge of tax
parcels fronting on the Cayuga Inlet, to the north by the tip of Inlet Island, and to the
south, by the center line of Six Mile Creek.
The purpose of establishing the Waterfront Zoning District was to maximize developable
land on the water and to encourage land use to be mixed, consisting in part of housing,
commercial, office, retail, hotel, restaurant, arts, entertainment, recreation and marine
related services. After due consideration, including sketch examples of possible
development scenarios, etc, staff came to the conclusion the goal of the setback could be
achieved with the modified provisions proposed, and that the existing provisions were
excessive.
The layout that was originally adopted included a 40-foot wide WF-la zone (no build to
accommodate the promenade), then a 100-foot wide WF-lc zone (2 story minimum, 3
story maximum building height), leaving only a small piece of land for the WF-ld zone
(3-story minimum, 5-story maximum building height). The intention of the re-zoning
was for larger buildings to be located on the interior of the island to protect views from
the water's edge and to avoid creating a canyon effect with very tall buildings next to the
promenade. After due consideration, including sketch examples, etc, staff came to the
conclusion that the goal of the setback could be achieved with the modified provisions,
and that the existing provisions were excessive. The proposed zoning revisions would
replace certain areas of the WF-lc zone of 2-3 stories with the WF-ld 3-5 story zone.
In addition, new language has been added to the ordinance that requires a 20-foot step
back of 2-3stories next to the no build zone.
ENVIRONMENTAL IMPACTS
Impact on Land—Potentially Large Impacts
Although the act of rezoning the waterfront land does not directly impact the land. any
constntction that occurs as a result of this rezoning may have potentially large impacts on
land.
Construction in this area will have to be done on land that has a depth to the water table
of less than 3 feet. Also, since much of the area is available for redevelopment. there
Page 15 of 17
11/12/2003
may be construction that continues for more than a year. Finally, it is anticipated that
parking facilities for 50 or more vehicles will result from development. All future
projects will undergo separate environmental review and site plan review, and mitigation
measures for these impacts will be determined.
Impact on Water and Drainage—Impacts To Be Determined
The area to be rezoned is primarily Inlet Island, which is located between the Cayuga
Inlet, Six Mile Creek, Cayuga Lake and the Flood Control Channel. Any construction
that occurs in this area will likely have an impact on the water because of its close
proximity. New construction will have an impact on drainage patterns. Since the
projects in this area are not yet known it is impossible to determine the extent of the
impacts at this time. Future projects that are proposed will undergo separate
environmental reviews.
Impact on Visual Resources—Small to Moderate Impact
The proposed zoning change is not expected to have any greater effect on important
views than what is allowed under the current zoning. Nevertheless, this area contains
important views both to and from the Inlet, therefore any new construction in this area
will likely impact visual resources. The extent of these impacts will need to be evaluated
as projects are proposed.
Impact on Historic Resources—Small to Moderate Impact
The Station Restaurant, which is located on Inlet Island, is a national registered historic
landmark. The action of rezoning the area is not expected to have a large impact, since
the allowable uses will not be changed. Any proposed construction in the area will need
to evaluate the impacts on this historic building.
Impact on Open Space and Recreation—Positive Impact
The zoning of this area will retain a 40-foot wide open space to be developed as a public
promenade along the waters edge and will develop an underutilized City park known as
Brindley Park. When this promenade is completed it will be an extension of the
waterfront trail connecting Inlet Island to an extensive trail network.
Impact on Quality of Daily Life—Possible Small Impacts
The action of rezoning this site is not expected to have an impact on the quality of daily
life in the area. However, any construction that occurs in this area will have a short term
disruption.
The construction of any new buildings will likely produce operating noise that exceeds
the local ambient noise level. However, these impacts are only expected to be small to
moderate and should subside once construction is complete.
Impact on Growth and Character of the Community or Neighborhood—Positive
Impact
There may be a small to moderate impact on the Community. As with all zoning
changes, this will set an important precedent for future projects. The impact is expected
Page 16 of 17
11/12/2003
to be small to moderate because there is no proposed change in the allowed use of the
site.
In 1999 Common Council passed the Inlet Island Urban Design Plan which calls for
dense urban waterfront development on Inlet Island. The rezoning supports this vision
and is in harmony with the adopted plan.
Page 17 of 17
11/12/03
Draft Resolution:
Adoption of the Revised Waterfront Zoning Districts—Declaration of Lead Agency
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 revisions to the waterfront zoning district 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 revisions to the waterfront zoning district.
q:lplanninglstaffljenniferlinlet islandlrezoninglresciution-lead agency.doc 11/12/03
•
11/12/03
Draft Resolution:
Proposed Revisions to the Waterfront Zoning Districts - Determination of
Environmental Significance
WHEREAS, the City of Ithaca is considering a proposal to revise the waterfront zoning
district, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of the Full Environmental Assessment Forms (FEAF), 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 FEAF 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 Full Environmental
Assessment Form, and be it further
RESOLVED, that this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue 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:IPLANNING\STAFFIJennifer\Inlet Island RezoninglResolution-Negdec.doc
PLANNING COMMITTEE:
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled "Zoning" To Amend The Waterfront Zoning
District
RESOLVED, That Ordinance 03 - entitled "An Ordinance Amending
The Waterfront Zoning District of th e City of Ithaca Zoning
Ordinance" 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, December 3 , 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.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
ITHACA, CHAPTER 325, ENTITLED "ZONING" TO AMEND THE WATERFRONT
ZONING DISTRICT.
BE IT ORDAINED AND ENACTED by the Common Council of th e
City of Ithaca that Chapter 325 , Section 325 -4 of the Municipal
Code of the City of Ithaca be amended to create a new zoning
district to be known as the Waterfront Zoning District (WF -1) .
Section 1 . Declaration of Legislative Findings and Purpose
The Common Council finds that this Ordinance :
1 . Will help to create greater public access to the
waterfront .
1
•
2 . Will guide development in this area of the City for the
purpose of creating a unique waterfront experience.
3 . Allows the City to enhance the value of w aterfront
property in this area of the City.
4 . Allows the City to create an area on the water having
multi-story buildings intended for mixed use.
5 . Will protect and enhance views of the waterfront and
surrounding areas for public enjoyment .
Section 2 . Ch apter 325, Section 325 -5 of the Municipal
Code of the City of Ithaca is hereby amended to change the
zoning designation of the following areas from M -1 (Marine
Commercial District) and B -4 (Business) as applicable to
Waterfront Zoning District (WF -1) , portions of which are shown
on the zoning map.
Section 3 . Section 325 -8 of the Municipal Code of the City
of Ithaca is hereby amended as follows to establish district
regulations for the new WF-1 district as follows :
Permitted Primary Uses
1 . Any use permitted in B-2 .
2 . Parking Lot .
3 . Recreational or cultural facility such as a park, playground,
art museum, fishing pier or yacht club.
4 . Public Recreation.
5 . Boatel .
6 . Sale, rental , repair or storage of marine related recreation
equipment such as boats, marine engines, sails, cabin
equipment .
7 . Light manufacture of marine recreation related products
involving substantial hand fabrication such as sails, boat
hulls, cabin fittings .
Permitted Accessory Uses
1 . Home occupation.
2 . Boat fuel dispensing.
3 . Snowmobile sales, service, r ental in conjunction with boat
sales, rental or service .
4 . Signs as permitted by Sign Ordinance .
Off-Street Parking Requirements - None
Off-Street Loading Requirements - None
(Minimum Lo:. ) Area in Square Feet - 3 , 000
2
(Minimum) Width in Feet at Street Line - 30
(Minimum) Width in Feet at Waterfront - 30
Maximum Building Heights :
WE-la : 0
WF-lb : 15 feet , with an additional 5 feet for cornice allowed
WE-ic : 39 feet, with an additional 5 fee: for cornice allowed
WE-1d: 63 feet, with an additional 5 feet for cor nice
allowed, except 39 feet in the Waterfront Transitional
Area (See Below)
Maximum Stories :
WE-la : 0
WF-Ib : 1
WF-lc : 3
WF-ld: 5, except 3 in the Waterfront Transition Area (See
Below)
Minimum Building Heights :
WF-la: none
WF-lb: none
WE-lc : 24 feet
WF-1d: 36 feet , except 24 feet in the Waterfront Transition
Area (See Below)
Minimum Stories :
WE-la : none
WE-lb : none
WE-lc : 2
WE-Id : 3 , except 2 in the Waterfront Transition Area (See
Below)
Two Story Minimum:
Any building constructed within the minimum 2 -story height
zone (WE - 1c) shall have a height. of at least 24 feet or
have two habitable stories -over- no or more of the
footprint of the building .
Thee Story Mlnimum:
building construc -1 with= tne minimum 3 nelght
none have a it ec7-- of at least. 36 f-e: or
ha7c: throe hab- tab- ater: es, cove -in g or =re c't zoo
We to - loed .
en -
b ee,hnLe
3
•
allowed.
Waterfront W71e, minimum two stories ma-H-i-mum 2 stories .
f4tr first
story mcasurcd from grade, 12 feet for
each additional story, with on
Waterfront WF1d, minimum three stories , maximum 5
- -ct for
first story =cured from grade, 12
feet for cash additional story, with an
additional S feet for cornice allowad.
(Refer to Code of the City of Ithaca, Chapter 325, Zoning,
Section 325 -3 .B. , Definitions and Word Usage, HEIGHT OF
BUILDING)
Maximum percent lot coverage by buildings
1 . 0n parcels of fifty (50) feet or less in width, 100% lot
coverage allowed except as may be required for provision of
pedestrian ways and protection of view corridors .
2 . On parcels with three or more boundaries greater t han fifty
(50) feet, 90% lot coverage allowed except as may be required
for provision of pedestrian ways and protection of view
corridors .
Yard Dimensions
Front Yard - None
Side Yards - None
Rear Yard - 10 Feet Minimum
Waterfront Transition Area :
The Waterfront Transition Area shall consist of those cortions
of the WF-lc and W2 -1d districts located either:
▪ With= sixty (60 feet of the acts:de edge of the bulkhead or
i-on the top of -he bank of the 71cod Coto' Channel , or
• Witnin 12 feet of the outside ed ge of the bulkhead or the top
of the bank of the Cavuoa
Wiohin the Waferfront Trah,s , oin n Area, _cod:fed adjacent to unc
Flood
Core_ CLannel , no hew strapf-ire shall oe located hearer
than forty ;40 feet fro:-.. the outside ejo of the hu-: k:hca: or
:,he _op of the conc:,. of the 7_ood 2on_rol Thanhol . Tjhe tirsu
ih deph er, sorne 'a- ina . ne
-,hahne
ea T oe a - ==-7 cto-aese or Tin- 7= ,o-:,1Thilo7;
neight of 24 fee-o ara-; a of etcres C:1:
ouilding helaho of 1 =.- feet .
4
Within the Waterfront Transition Area located adjacent to the
Cayuga inlet, no new structure shall be located nearer than
twelve ( 12) feet to the too of the bulkhead or the top of the
bank of the Cayuga Inlet , unless provision is made for a minimum
12-foot wide public access covered walkway with a minimum floor
to ceiling height of 10-feet , along the waterfront .
Height
w:=a 0 feet
?='b --
FIc 2-4 feet
WFid 36 feet
Two Story Minimum:
Any build' -= - -tic pith in the minimum 2 story height zone
chall have a height of at _east 2'l feet and have two habitable
otori^s covering 75% or more of the footprint of the building.
Three St e-ry-.'.
Any building constructed within the minimum 3 story height zone
s-hµ - night of at least 36 foot and h�vc three h" - -
-s`ori-o-o-eavring 75% or more of the f-ee-t -ir r e---tq ;—b-eilding.
? 7 ni Ttm— e4- C _. . ' C 75% of the building over its
f—-&e-r.int is a a _..eta 3a feet in height and hac two or more
habitable stories .
(Refer to Code of the City of Ithaca, Chapter 325, Zoning,
Section 325 -3 .B. , Definitions and Word Usage, HABITABLE SPACE,
NONHABITABLE SPACE, STORY, PUBLIC SPACE)
Section 4 . Chapter 325 , Section 325 -16 of the Municipal
Code of the City of Ithaca entitled "Height Regulations" is
hereby amended to add a new subsection to be know as to read as
follows :
"Notwithstanding anything to the contrary contained herein,
in the WF-1 district :
(1) No b uilding shall be erected in any of the areas
designated WFla on the map entitled
"Inlet Island Urban Design Plan" dated July 199 a
copy of which map is on file in the Ithaca City
Clerk' s Office .
(2) No building shall be erected that is less than two
stories or greater than three stories in any of the
areas designated WFlb on the map entitled "Inlet
5
•
Island Urban Design Plan" dated July, 1998, a copy of
which is on file in the Ithaca City Clerk' s Office.
(3) No building shall be erected that is less than three
stories or greater than five stories in any of the
areas designated WF1c on the map entitled "Inlet
Island Urban Design Plan", dated July, 1999 a copy of
which is on file in the Ithaca City Clerk' s Office.
(4) The restrictions contained in this section shall not
apply to buildings less than 15 feet (maximum) in
height, which are intended, designed and maintained as
amenities for adjacent trails such as gazebos and rest
rooms .
(5) The restrictions contained in this section shall not
apply to existing buildings within the designated
areas . Such existing buildings may be maintained and
repaired provided their height and footprint are not
altered so as to make the buildings non -compliant with
the restrictions of this subdivision.
Section 6 . Chapter 325 , Section 325 -20 of the Municipal
Code of the City of Ithaca entitled "Off -Street Parking" is
hereby amended to add a new subsection to be known as
subdivision (A) (4) (c) to read as follows :
" (1) Notwithstanding anything contained herein to the
contrary, there will be no off -street parking requirements in
the WF-1 district .
Section 7 . The City Planning and Development Board, the
City Clerk and the Planning Department shall amend the zoning
map and the district regulations chart in accordanc e with the
amendments made herewith.
Section 8 . Effective date . This ordinance shall take
affect immediately and in accordance with law upon publication
of notices as provided in the Ithaca City Charter.
6
I CITY OF ITHACA
;IS--
'`,i}�f�rT�-��ti'I�� E5B
108 East Green Street — 3rd Floor Ithaca, New Y(
rnrTra f
UIm
,�
*ata DEPARTMENT OF PLANNING AND DEVELOPMENT
c
.� MATTIIYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
•JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 60--2--i-6550 Community Development/IURA - 61r-2-4-6559
Email: planning(u cityofithaca.org Email: iura(i citvofithaca.org
Fax: 60--2-4-6558 Fax: (JU -2-4-6558
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner . `i''
Date: November 13, 2003
Subject: Environmental Review for the Proposal to Amend the Southwest
Area Zoning District
The purpose of this memo is to provide information regarding a proposal to amend the
Southwest Area Zoning District in order to allow for an alternative setback requirement for
phased development. Enclosed is a copy of the proposed new language to be added to
sections 325-20 and 325-29.2. The proposed language is underlined.
The Southwest Area Zoning District that was established by the Common Council in June
of 2001, was intended to ensure large-scale development in this area, while supporting the
goals set forth in the Southwest Area Land Use Plan and reinforcing the Design Guidelines
for the Southwest Area, Meadow Street, and the Elmira Road Corridor. In order to meet
these goals, a maximum setback requirement of 30' from the curb in SW-1 and 34 feet in
SW-2 and SW-3 was created. The goal of this requirement was to create room for
sidewalks, tree lawns, and landscaping, as well as future road improvements (should they
be needed) and to prevent parking lots from being built between Elmira Road and the front
of buildings.
Now that there is actual development being implemented in the Southwest Area, staff has
discovered that developers are finding it difficult to meet the setback requirement in their
first phase of development. The primary reason for this is that development companies need
to attract anchor tenants first so they become a magnet for other, smaller tenants. In almost
every case, the anchor tenant's building is at the rear of the lot, and the outparcels, designed
to house the smaller tenants, are located near the road and are designed to satisfy the
setback requirement.
In order to accommodate this pattern of development, if no tenant is secured for the
outparcels, staff feels that it would be beneficial to allow for a 100' setback that does not
allow parking. At the time of site plan approval, a phasing plan will be required and a
proposal presented for the interim treatment of the 100-foot setback. This interim solution
in most cases will be a landscape solution unless the developer presents another acceptable
solution that the Planning Board approves as part of site plan approval.
"An Equal Opportunity Employer with a commitment to workforce diversification.• ��
An environmental review of this action has been prepared and a Full Environmental
Assessment Form has been completed and is enclosed in this packet. 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
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.
•
§ 325-3. Definitions and word usage._
STRUCTURE -- An assembly of t°^ n ng a cons- ivn-�raamed of cowTenent
structural parts for occupancy or use, including buildings.is anything that is constructed
or erected on the ground or upon another structure or building. "Structure" includes
constructed narking spaces. parking areas, and buildings.
§ 325-20. Off-street parking. [Amended 2-4-1987 by Ord. No. 87-6; 8-13-1987 by
Ord. No. 87-13; 4-6-1988 by Ord. No. 88-4; 7-11-1990 by Ord. No. 90-5; 9-5-1990 by
Ord. No. 90-10; 1-21-1991 by Ord. No. 91-4; 8-5-1992 by L.L. No. 3-1992; 9-6-1995
by Ord. No. 95-10; 3-6-1996 by Ord. No. 96-3]
A. Purpose and intent. The intent of this section is to regulate uniformly the
development of off-street parking for both public and private uses. The following
regulations are designed to provide adequate parking and safe vehicle movements
while minimizing any detrimental effects to adjacent properties, to surrounding
neighborhoods and to the environment
B. Applicability. Except as specified in § 325-8, the District Regulations Chart, eN § 325-
20 shall, after the effective date, govern the creation or expansion of all off-street
parking areas. The creation or expansion of certain larger off-street parking areas is
also subject to site development plan review. (See Chapter 276 for the applicability of
site development review.) Section 325-20 shall also govern the maintenance of all
off-street parking areas
C. General Requirements
D. Parking in Front yards
E. Requirements for new or enlarged parking areas that park a total of four or more cars
on lots within residential zoning districts:
F. F. Parking areas on lots in nonresidential zoning districts. Plans shall be submitted
for any employee, customer and/or public parking area on a lot in a nonresidential
zoning district, or for a residential parking area for four or more cars on a lot in a
nonresidential zoning district, for the required building permit. The plans shall
conform to the following regulations and standards, in addition to all other applicable
portions of§ 325-20
G. Parking in U-1 District
H. Parking in WEDZ-1 District
I. Parking in Collegetown Parking Overlay Zone
J. Parking the Southwest Area
Parking Areas are not permitted in the first 100' measured from the nearest curb of a
public street, unless the minimum setback requirements for the Southwest Area Zoning
District have been met in accordance with 325-29.2B(1) through (3)
§ 325-29.2. Southwest District. [Added 6-13-2001 by Ord. No. 2001-6]
A. General note. Any and all development projects within the SW-1 District and Sub-
districts SW-2 and SW-3 shall be subject to the guidelines set forth in the Design
Guidelines for the Southwest Area, Meadow Street, and Elmira Road Corridor. The
design guidelines shall be implemented by the Planning Board during the site plan
review (SPR) process. No building permits shall be issued until the Planning and
Development Board has granted final site plan approval and all conditions of site plan
approval have been met.
B. Building Setback
1. SW-1: A minimum of 60% of a lot's street frontage must be occupied by a
building or buildings with a maximum. The building or buildings, which occupy
the front yard, may not be set back of more than 30 feet from the curb. The
Planning Board may allow a portion, not to exceed a third of the required sixty-
percent-building frontage, to be occupied by an integrated architectural wall
2. SW-2: A minimum of 35% of a lot's street frontage must be occupied by a
building or buildings with a maximum . The building or buildings, which occupy
the-front yard, may not he-set back of mere-than 34 feet from the curb and a
minimum setback of 15'. The Planning Board may allow a portion, not to exceed
a third of the required thirty-five-percent-building frontage, to be occupied by an
integrated architectural wall.
3. SW-3: Same as SW-2
4. Alternative building setback in all Southwest Zoning Districts: 1n lieu of
compliance with 325-29.2B(1 ) through (3) a building may have a minimum
setback of 100' measured from the nearest curb of a public street.
C. Minimum store sizes
1. SW-1: Retail store size must be a minimum of 5,000 square feet, with the
exception of individual freestanding structures having only one tenant, food
establishments, banks and light industrial uses. A freestanding structure is
considered one that has a minimum of 50 feet of separation from any other
building. For buildings with multiple tenants, each retail space must be at least
5,000 square feet, except that in any one building, there may be one tenant with
square footage of less than 5,000 square feet
2. SW-2: None
3. SW-3: Same as SW-1
•
City of Ithaca Long Environmental Assessment Form
Project Information by Applicant
Notice: This document is designed to assist in determining whether the action proposed
may have a significant effect on the environment. Please complete the entire form.
Answers to these questions will be considered as part of the application for approval and
may be subject to further verification and public review. Provide any additional
information you believe will be needed to complete parts 2 and 3.
Amendment to the City of Ithaca Southwest Area
;Name and Location of Project:
Zoning Amendment
!Name and Address of Applicant:
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/Towri/Village. State:
Business Phone:
IType of Project: !Revision to City Ordinance
Please Complete Each Question--Indicate N.A. if not applicable
A. SITE DESCRIPTION
(Physical setting of overall project, both developed and undeveloped areas.)
11. Character of the land: X Generally uniform slope Generally uneven and rolling or
irregular
2. Present Land Use: X Urban X Industrial X Commercial X Public Forest
Agricultural X Other: Mobile Home
3. Total area of project 330 Acres (Chosen units apply to following section also)
area:
Approximate Area (Units in question 3 apply to this Presently After Completion
section)
a. Meadow or Brushland —12 —12
b. Wooded —10 —10
c. Agricultural
d. Wetland (as per Articles 24 of ECL) —9 —9
e. Water Surface Area
Q:\PLANNING\STAFF\Jennifer\Zoning Changes\SW Area\FEAF doc Page 1 of 14
f. Public -67 j --- 67
g. Water Surface Area - _
h. Unvegetated (rock, earth or fill) I —98.72 -98.72
i. Roads, buildings and other paved surfaces -490.66 E -190.66
j. Other(indicate type) j _
4a.What is predominant soil type(s) on Silty sand,Em,Mc
project site? e.g. HdB, silty loam, etc.
4b. Percentage well drained: Moderately:
well drained:100% Poorly drained:
5a.Are there bedrock outcroppings on NO
project site?
5b. What is depth of bedrock? (feet) >10 feet
5c. What is depth to the water table? 2_g Feet
(feet)
6. Approximate percentage of proposed 0-10%: 100%
project site with slopes:
7. Do hunting or fishing opportunities YES
presently exist in the project area?
8. Does project site contain any species ;Rare Species have been identified in these
of plant or animal life that is identified 'areas and are listed in Table 2-25 of the GEIS
as threatened or endangered? ;for the SW Area. However, this rezone does
not have an impact on any rare species.
9. Are there any unique or unusual NO
landforms on the project site? (i.e., Describe:
cliffs, other geological formations?
10. Is project within or contiguous to a YES
site designated a unique natural area or Describe: TOMPKINS COUNTY UNA-153
critical environmental area by a local or
state agency?
11.Is the project site presently used by NO
the community or neighborhood as an
open space or recreation area?
12. Does the present site offer or NO
include scenic views known to be
important to the community?
13. Is project contiguous to, or does it I NO
contain a building or site listed on or
!eligible for the National or State
Register of Historic Places?
Q:IPLANNINGISTAFF\Jennifer\Zoning Changes\SW Area1FEAF.doc Page 2 of 14
or designated a local landmark or in a NO
local landmark district?
14. Streams within or contiguous to {
a. Names of stream or name of river to which it
project area: is tributary: Cayuga Inlet, Flood Control
Channel
15. Lakes,ponds,wetland areas within a. Name: Wetlands
or contiguous to project area: b. Size (in acres): 9 Acres
16. What is the dominant land use and Adult Uses, B-2a, B-2c,B-2d, B-5, I-1, P-i
zoning classification within a 1/4-mile 'R-2a, R-2b, R-3a, R-3b, SW-1, SW-2, SW-3, I
radius of the project? (e.g. single family WEDZ-lb, WEDZ-la, WF-la, WF-lc, WF-ld
residential, R-la or R-lb) and the scale
of development (e.g. 2 story)
17.°Has the site been used for land YES
disposal of solid or hazardous wastes? Describe: Former dump site located in this
Zoning District.
B. PROJECT DESCRIPTION
1.Physical dimensions and scale of project(fill in dimensions as appropriate):-330 Acres
1. a. Total contiguous area owned by project sponsor: —67
1. b.Project acreage developed: Acres initially: -75 Acres
Acres ultimately: -115 Acres
1. c. Project acreage to remain undeveloped: N/A
1. d. Length of project in miles: (if appropriate)or feet: N/A
1. e. If project is an expansion or demolition of existing building or use, indicate percent of
'change proposed: N/A
!building square footage: developed acreage: .
1. f. Number of off-street parking spaces existing: proposed: . N/A
1. g. Maximum vehicular trips generated per day: and per hour: (upon completion of
proj ect). N/A
1. h. If residential: Number and type of housing units (not structures):N/A
One Family Two Family Multiple Family Condominium
Initial
Ultimate
If non-residential, Orientation: Commercial X Industrial
Neighborhood City Regional -- Estimated Employment
1. i. Total height of tallest proposed structure: feet. The maximum building height
Q.\PLANNING\STAFF\Jennifer\Zoning Changes\SW Area1FEAF.doc Page 3 of 14
allowed under the current zoning is 60 feet. This zoning change will have no change
on the allowable 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.None resulting from this action.
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be
removed from the site: None as a result of this action.
acres, what type?
4. Will any mature trees or other locally important vegetation be removed by this project?
None as a result of this action.
5. Are there any plans for re-vegetation to replace that removed during construction? N/A
6. If single phase project:,Anticipated of construction months, (including
demolition)N/A
7. If multi-phased project N/A
7. a. Total number of phases anticipated N/A
7. b. Anticipated date of commencement phase one month year, (including demolition)
N/A
7. c. Approximate completion date of final phase month year. N/A
7. d. Is phase one financially dependent on subsequent phases? N/A
8. Will blasting occur during construction? N/A if yes, explain N/A
9. Number of jobs generated: during construction after project is completed ". N/A
10.Number of jobs eliminated by this project: N/A Explain: N/A
11. Will project require relocation of any projects or facilities? yes X No; if yes, explain
12. a. Is surface or sub-surface liquid waste disposal involved? yes X No
12. b. If yes, indicate type of waste (sewage, industrial, etc)
12. c. If surface disposal, where specifically will effluent be discharged?
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be
'increased or decreased by proposal? yes X No
114. a. Will project or any portion of project occur wholly or partially within or contiguous
Ito the 100 year flood plain?YES
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?
114. c. Does project or any portion of project occur wholly or partially within or contiguous
to wetlands as described in Article 24 or the ECL? X Yes No
14. d. If yes for a, b, or c, explain: —9 Acres of scattered wetlands
15. a. Does project involve disposal or solid waste? yes X No
115.b. If yes, will an existing solid waste disposal facility be used? N/A
Q:\PLANNING\STAFF\Jennifer\Zoning Changes\SW Area1FEAF.doc Page 4 of 14
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
15. e. Will any solid waste be disposed of on site?N/A
16. Will project use herbicides or pesticides? 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 X No; if yes, explain
18. Will project produce odors? yes X No; if yes, describe
19. Will project product operating noise exceed the local ambient noise level during
construction? N/A
20. Will project result in an increase of energy use? yes X No; if yes, indicate type(s)
21.Total anticipated water usage per day gals/day. Source of water. NONE:'
22. Zoning:
22. a.-What,is dominant zoning classification of site? .SW-1, SW-2, Sw-3
22. b. Current specific zoning classification of site? . SW-1, SW-2, Sw-3
122. c.Is proposed use consistent with present zoning? NO
22. d. If no, indicate desired zoning . Existing SW zones with amended text
23. Approvals:
23. a. Is any Federal permit required? NO
23.b.Does project involve State or Federal funding or financing?yes X 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
Department No
IURA No
Q:IPLANNINGISTAFFIJennifer\Zoning Changes\SW Area1FEAF.doc Page 5 of 14
Building No
Commissioner
City of Ithaca Long Environmental Assessment Form
ENVIRONMENTAL ASSESSMENT - PART 2
IMPACT ON LAND
1. Will there be an effect as a result of a physical Small to Potential Can empact
be
change to project situ Moderate Large .Reduced t
yes X no ' ":-Impact Impact
by ge.e?
Chang
Any construction on slopes of 15% or greater, (15 foot
rise per 100 foot of length), or where the general slope ,
in the project exceeds 10%.
Construction on land where the depth to the water table r---
is less than 3 feet.
Construction of parking facility/area for 50 or more
vehicles.
:
(Construction on land where bedrock is exposed or
generally within 3 feet of existing ground surface.
'Construction that will continue for more than 1 year or
involve more than one phase or stage.
Evacuation for mining purposes that would remove
more than 1,000 tons of natural material (i.e. rock or
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:
2. Will there be an effect on any unique landforms I Small to Potential Can Impact
Q:IPLANNINGISTAFFIJennifer\Zoning Changes\SW Area1FEAF.doc Page 6 of 14
found on the site? (i.e. cliffs, gorges, geological Moderate Large be Reduced
formations, etc.) Impact Impact by Project
yes X no Change?
Specific land forms:_
3. Will there be an effect on any site designated as a
;unique natural area or a critical environmental area by
a local or state agency?
yes X no
IMPACT ON WATER
4. Will project affect any water body designated as Small to Potential` Can Impact be
protected? (Under article 15 or 24 of the Environmental Re d uce d by
Conservation Law,E.C.L.) Moderate Large pro ect
Impact Impact " 2
yes X no Change.
Dredging more than 100 cubic yards of material from
channel of a protected stream.
Construction in a designated freshwater wetland.-
Other impacts:•
5. Will project affect any non-protected existing or Small to" Potential Reduced by Can Impact ye
new body of water? Moderate Large
Project
yes X no Impact Impact Change?
A 10% increase or decrease in the surface area of any
body of water or more than a 10,000 sq. ft. of surface
area.
Construction, alteration, or conversion of a body of
water that exceeds 10,000 sq. ft. of surface area.
Fall Creek, Six Mile Creek, Cascadilla Creek,Silver
Creek, Cayuga Lake or the Cayuga Inlet?
Other impacts:
6. Will project affect surface or groundwater Small to Potential Can Impact be
quality? Moderate Large Reduced by
yes X no Impact Impact Project
Change?
Project will require a discharge permit.
Project requires use of a source of water that does
not have approval to serve proposed project. 1
Construction or operation causing any
Q:IPLANNINGISTAFFIJennifer\Zoning Changes\SW Area1FEAF.doc Page 7 of 14
contamination of a public water supply system.
Project will adversely affect groundwater.
Liquid effluent will be conveyed off the site to
facilities which presently do not exist or have
inadequate capacity.
Project requiring a facility that would use water in
excess of 20,000 gallons per day or 500 gallons per
minute.
Project will likely cause siltation or other discharge
into an existing body of water to the extent that
there will be an obvious visual contrast to natural
conditions.
Other impacts:
DRAINAGE
7. Will.project alter drainage flow,drainage Small to Potential.. Can Impact be
patterns or surface water runoff? Moderate Large Reduced by
yes X no Impact G Impact ` Project Change?
Project would impede floodwater flows.
Project is likely to cause substantial erosion.
Project is incompatible with existing drainage
patterns.
Other impacts: j
IMPACT ON AIR
Small to Potential
Can Impact
�8. Will project affect air quality? ; be Reduced
Moderate Large
!yes X no { Impact Impact by Project
Change?
Project will induce 500 or more vehicle trips in
any 8-hour period per day.
r
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:
Q:\PLANNING\STAFFIJennifer\Zoning Changes\SW Area1FEAF.doc Page 8 of 14
IMPACTS ON PLANTS AND ANIMALS
9. Will project affect any threatened or Small to Potential Can Impact
endangered species? Moderate Large be Reduced
by
yes X no Impact Impact C Project
Change?
Reduction of any species listed on the New
York or Federal list, using the site, found
over, on, or near site.
Removal of any portion of a critical or
significant wildlife habitat.
Application of pesticide or herbicide more
than twice a year other than for agricultural
purposes.
Other impacts:
IMPACTS ON PLANTS AND ANIMALS
10. Will projeci substantially affect non- Small to Potential Can Impact ye
b
threatened or non-endangered species? Moderate Large.. Reduced y
yes X no 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 Small to Potential Can Impact be
visual character of the neighborhood or Moderate Large Reduced by
community?
yes X no 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.
Q:IPLANNINGISTAFFIJennifer\Zoning Changes\SW Area1FEAF.doc Page 9 of 14
Project will result in the elimination or major
screening of scenic views known to be
important to the area.
Other impacts:
IMPACT ON HISTORIC RESOURCES
12. Will project impact any site or structure
of historic,prehistoric or paleontological Small to Potential Can Impact be
importance? Moderate Large Reduced by
yes X no Impact Impact Project Change?
Project occurring wholly or partially within
or contiguous to any facility or site listed on
or eligible for the National or State Register
of Historic Places.
Any impact to an archaeological site or fossil
bed located within the project site.
Project occurring wholly or partially within
or contiguous to any site designated as a local
landmark or in a landmark district.
Other impacts:
IMPACT ON OPEN SPACE AND RECREATION
13.Will the project affect the quantity or Small to Potential Can Impact be
quality of existing or future open spaces or Moderate Large Reduced by
recreational opportunities? Impact Impact Project Change?
yes X no
The permanent foreclosure of a future
recreational opportunity.
A major reduction of an,open space
important to the community.
Other impacts:
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing Small to Potential Can Impact be
transportation systems? Moderate Large Reduced by Project
yes X no Impact Impact Change?
Alteration of present patterns of
movement of people and/or goods.
Project will result in traffic problems.
Q:IPLANNING\STAFF\Jennifer\Zoning Changes\SW Area\FEAF.doc Page 10 of 14
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
Potential
sources of fuel or energy supply? Moderate Reduced by Project
yes X no Impact Large Impact Change?
Project causing greater than 5%
increase in any form of energy used in
municipality.
Project requiring the creation or
extension of an energy transmission or
supply system to serve more than'50:
single or two family residences.
Other impacts:
IMPACT ON QUALITY OF DAILY LIFE
16. Will there be objectionable odors,
noise, glare,vibration or electrical Small to Can Impact be
Potential Large
disturbance during construction of or Moderate Impact Reduced by Project
after completion of this project? Impact Change?
yes X no
Blasting within 1,500 feet of a hospital,
school, or other sensitive facility?
Odors will occur routinely(more than
one hour per day)
Project will produce operating noise
exceeding the local ambient noise
levels for noise outside of structure.
Project will remove natural barriers
that would act as a noise screen.
Other impacts:
IMPACT ON HEALTH AND HAZARDS
17. Will project affect public health Small to Potential Large Can Impact be
and safety? Moderate Impact Reduced by Project
Q:IPLANNINGISTAFF1JenniferlZoning Changes\SW Area1FEAF.doc Page 11 of 14
yes X no ' Impact Change?
Project will cause a risk of explosion
or release of hazardous substances
(i.e. oil, pesticides, chemicals,
radiation, etc.) in the event of
accident or upset conditions, or there
will be a chronic low-level discharge
or emission.
Project will result in the handling or
posal or hazardous wastes (i.e
todisxic,poisonous, highly reactive,..
radioactive, irritating,infectious,etc.,
including wastes that are solid, semi-
solid, liquid or contain gases.)
Storage facilities for 50,000 or more
gallons of any liquid fuel.
Use of any chemical for de-icing, soil
stabilization or the control of
vegetation, insects or animal life on
the premises of any residential,
commercial or industrial property in
excess of 30,000 square feet.
Other impacts:
IMPACT GROWTH AND CHARACTER OF COMMUNITY OR
NEIGHBORHOOD
18. Will project affect the character Small to Potential Can Impact be Reduced
of the existing community? Moderate Large by Project Change?
yes X no Impact Impact
The population of the City in which
the project is located is likely to
grow by more than 5% of resident
human population.
The municipal budgets for capital
expenditures or operating services
will increase by more than 5%per
year as a result of this project.
The project will replace or eliminate
existing facilities, structures, or
areas of historic importance to the
community.
Q:IPLANNINGISTAFFIJennifer\Zoning Changes\SW Area1FEAF.doc Page 12 of 14
Development will induce an influx
of a particular age group with
special needs.
Project will set an important
precedent for future projects.
Project will relocate 15 or more
employees in one or more
businesses.
Other impacts:
19. Is there public controversy Small to Can Impact be
Potential-
concerning the project? Moderate Reduced by Project
Large Impact
yes X no Impact Change?
Either government or citizens
of adjacent communities have
expressed opposition or rejected Yes no
the project or have not been
contacted.
Objections to the project from
Yes no
within the community.
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 — I
'and, therefore, is one which may not cause IX PREPARE A NEGATIVE
significant damage to the environment. DECLARATION
B. Although the project could have a significant
leffect on the environment, there will not be a
PREPARE A NEGATIVE
!significant effect in this case because the DECLARATION
'mitigation measures described in PART 3 have
been included as part of the proposed project.
CC. The project will result in one or more major PREPARE A POSITIVE
impacts that cannot be reduced and may cause DECLARATION, PROCEED WITH
;significant damage to the environment. EIS
:Date: October 14, 2003 Signature of Responsible Official in
Lead Agency
!Print or Type name of Responsible
Signature of Preparer (if different from Official in lead Agency:
Q:IPLANNINGISTAFF1Jennifer\Zoning Changes\SW Area1FEAF.doc Page 13 of 14
responsible officer)
Title/Position: Jennifer Kusznir, Economic Lead Agency's Name:
Development Planner
Long Environmental Assessment Form - Part III
Amendment to the City of Ithaca Southwest Zoning District
October 14, 2003
DESCRIPTION OF ACTION
In June of 2001, the Southwest Zoning District was established by the City of Ithaca
Common Council. This district was intended to ensure large-scale development in this
area, while supporting the goals set forth in the Southwest Area Land Use Plan and
reinforcing the Design Guidelines for the Southwest Area, Meadow Street, and the
Elmira Road Corridor. In order to meet these goals, a maximum setback requirement of
30' from the curb in SW-1 and 34 feet in SW-2 and SW-3 was created. The goal of this
requirement was to create room for sidewalks, tree lawns, and landscaping, as well as
future road improvements (should they be needed) and to prevent parking lots from being
built between Elmira Road and the front of buildings.
Now that there is actual development being implemented in the Southwest Area, staff has
discovered that developers are finding it difficult to meet the setback requirement in their
first phase of development. The primary reason for this is that development companies
need to attract anchor tenants first so they become a magnet for other, smaller tenants. In
almost every case, the anchor tenant's building is at the rear of the lot, and the out
parcels, designed to house the smaller tenants, are located near the road and are designed
to satisfy the setback requirement.
In order to accommodate this pattern of development, if no tenant is secured for the
outparcels, staff feels that it would be beneficial to allow for a 100' setback that does not
allow parking. At the time of site plan approval, a phasing plan will be required and a
proposal presented for the interim treatment of the 100-foot setback. This interim solution
in most cases will be a landscape solution unless the developer presents another
acceptable solution that the Planning Board approves as part of site plan approval.
This environmental review is only to review the impacts of adding language for an
alternative setback requirement. No additional environmental impacts, that have not been
previously reviewed under the approved zoning, are anticipated as a result of this action.
Q:IPLANNING\STAFF\Jennifer\Zoning Changes\SW Area1FEAF.doc Page 14 of 14
•
11/12/03
Draft Resolution:
Declaration of Lead Agency for the Amendment to City of Ithaca Southwest Area Zoning
District
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 amendment to the City of Ithaca Southwest Area Zoning District 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 Amendment to the City of Ithaca Southwest Area
Zoning District
q:Iplanninglstaffljenniferizoning changeslsw arealresolution-lead agency.doc
11/13/03
11/12/2003
Draft Resolution:
Proposal to Amend the City of Ithaca Southwest Area Zoning District -
Determination of Environmental Significance
WHEREAS, the City of Ithaca is considering a proposal to amend the Southwest Area
Zoning District, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of the Full Environmental Assessment Forms (FEAF), and
WHEREAS, this action 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 FEAF 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 in the Full Environmental
Assessment Form, and be it further
RESOLVED, that this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue 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:IPLANNINGISTAFFIJennifer\Cell Tower\Resolution-Negdec.doc
PLANNING COMMITTEE:
An Ordinance Amending The Municipal Code Of The City Of
Ithaca, Chapter 325, Entitled "Zoning" To Amend The
Southwest Area Zoning District
RESOLVED, That Ordinance 03 - entitled "An Ordinance
Amending The Southwest Area Zoning Distri ct of the City of
Ithaca Zoning Ordinance " 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,
December 3 , 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 revisions for their
reports thereon.
The revisions to the ordinance to be considered shall be as
follows :
§ 325-3 . Definitions and word usage .
STRUCTURE -- is anything that is constructed or erected on
the ground or upon another structure or building.
"Structure" includes constructed parking spaces, parking
areas, and buildings .
§ 325-20 . Off-street parking
J. Parking the Southwest Area
a . Parking Areas are not permitted in the
first 100 ' measured from the nearest curb of
a public street , unless the minimum setback
requirements for the Southwest Area Zoning
District have been met in accordance with
325-29 . 2B (1) through (3)
§ 325-29 .2 .
B . Building Setback
1 . SW-1 : A minimum of 60% of a lot ' s street frontage must
be occupied by a building or buildings with a maximum
set back of 30 feet from the curb. The Planning Board
may allow a portion, not to exceed a third of the
required six ty-percent-building frontage, to be
occupied by an integrated architectural wall
2 . SW-2 : A minimum of 35% of a lot ' s street frontage must
be occupied by a buildin g or buildings with a maximum
setback of 34 feet from the curb and a minimum setback
of 15' . The Planning Board may allow a portion, not to
exceed a third of the required thirty -five-percent-
building frontage, to be occupied by an integrated
architectural wall .
3 . SW-3 : Same as SW-2
4 . Alternative building setback in all Southwest Zoning
Districts : In 1 ieu of compliance with 325 -29 .2B (1)
through (3) a building may have a minimum setback of
100' measured from the nearest curb of a public
street .
' ? CITY OF ITHACA
Esc
ti:tT��r����ti�`�, 3'
c) 108 East Green Street — 3 Floor Ithaca, New
,.,� Wi
DEPARTMENT OF PLANNING AND DEVELOPMENT
{�'I H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
Rp7E0--"
DOUGLAS B. McDONALD. DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH. DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-27-+-6559
Email: planning(fcityofithaca.org Email: iura(u cirvofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner._'�F_.1
Date: November 12, 2003
Subject: Environmental Review for the Proposal to Amend Section 325-9 and
Section 325-16 of the City of Ithaca Zoning Ordinance
The purpose of this memo is to provide information regarding the proposal to amend
Sections 325-9 and 325-16 of the City of Ithaca Zoning Ordinance.
On November 6, 2002, the Common Council adopted Chapter 325.29.4(c) of the City
Zoning Ordinance, which is intended to be a comprehensive scheme for the regulation of
personal wireless service facilities (PWSF) within the City limits.
Unfortunately, in adopting this comprehensive ordinance, references to cell towers within
the City Code were inadvertently overlooked. Specifically sections 325-9.C(j), 325-
9.C(4)(b), and 325-16(d) relating to special permits for certain cell towers were not
amended. The new Cell Tower Ordinance was intended to supercede the former special
permit requirement. Enclosed for your review is the proposed new language. Added
language is underlined.
An environmental review of this action has been prepared and the Full Environmental
Assessment Form is enclosed. 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
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.
"An Equal Opportunity Employer with a commitment to workforce diversification." i
City of Ithaca Long Environmental Assessment Form
Project Information by Applicant
Notice: This document is designed to assist in determining whether the action proposed
may have a significant effect on the environment. Please complete the entire form.
Answers to these questions will be considered as part of the application for approval and
may be subject to further verification and public review. Provide any additional
information you believe will be needed to complete parts 2 and 3.
;Amendment to the City of Ithaca Zoning
IName and Location of Project:
Ordinance Section 325-9 and 325-16
!Name and Address of Applicant:
!Street: 108 East Green Street
City/Town/Village: Ithaca .State: N.Y. ZIP:14850
I I
Business Phone: 607-274-6550
IName and Address of Owner (If Name:
IDifferent):
Street:
City/Town/Village: State: ZIP:
iBusiness Phone:
!Type of Project: Revision to City Ordinance
Please Complete Each Question--Indicate N.A. if not applicable
A. SITE DESCRIPTION
(Physical setting of overall project, both developed and undeveloped areas.)
1. Character of the land: X Generally uniform slope X Generally uneven and rolling
or irregular N/A
2. Present Land Use: X Urban X Industrial X Commercial X Public X Forest
Agricultural X Other:
3. Total area of project 15.5 sq. miles (Chosen units apply to following section also)
'area:
Approximate Area (Units in question 3 apply to this 1Presently 1,After Completion
section)
•a. Meadow or Brushland N/A N/A
b. Wooded N/A N/A
c. Agricultural N/A N/A
d. Wetland (as per Articles 24 of ECL) N/A N/A
e. Water Surface Area N/A N/A
- -
Q:\PLANNING\STAFF\Jenrufer\Cell Tower\FEAF doc Page 1 of 14
f. Public N/A N/A
g. Water Surface Area N/A N/A
h. Unvegetated (rock, earth or fill) N/A N/A
i. Roads, buildings and other paved surfaces N/A N/A
ij. Other(indicate type) N/A N/A
4a. What is predominant soil type(s) on VARIES
project site?e.g. HdB, silty loam, etc.
4b. Percentage well drained: Moderately:
well drained: Poorly drained: N/A
5a. Are there bedrock outcroppings on
project site? ; N/A
5b. What is depth of bedrock? (feet) VARIES
5c. What is depth to.the water table? (feet) VARIES,
6. Approximate percentage of proposed 0-10%: % 10-15%: % 15% or greater:
project site with slopes: % N/A
7. Do hunting or fishing opportunities
g X Yes No
presently exist in the project area?
P Y ei
P J.,;
8. Does project site contain any species of N/A
plant or animal life that is identified as
threatened or endangered? Identify each species
9. Are there any unique or unusual N/A
landforms on the project site? (i.e., cliffs, Describe:
other geological formations?
10. Is project within or contiguous to a site X Yes No
designated a unique natural area or critical Describe:
environmental area by a local or state Tompkins County Unique Natural Areas
agency?
11. Is the project site presently used by the X Yes No
community or neighborhood as an open
space or recreation area?
12. Does the present site offer or include i X Yes No
scenic views known to be important to the
community?
13. Is project contiguous to, or does it X Yes No
contain a building or site listed on or if Yes, Explain:
eligible for the National or State Register of
Historic Places?
or designated a local landmark or in a r Yes No
local landmark district?
Q:\PLANNING\STAFF\Jennifer\Cell TowerIFEAF.doc Page 2 of 14
' r
14. Streams within or contiguous to project a. Names of stream or name of river to which
area: it is tributary: Fall Creek, Cascadilla
Creek, Six Mile Creek, Cayuga Inlet
15. Lakes,ponds,wetland areas within or a. Name: Cayuga Lake
contiguous to project area: b. Size(in acres):
16. What is the dominant land use and VARIES
zoning classification within a 1/4-mile
radius of the project? (e.g. single family
residential, R-la or R-lb) and the scale of
development (e.g. 2 story)
17. Has the site been used for land disposal N/A
of solid or hazardous wastes? if Yes, Describe:
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project(fill in dimensions as appropriate),
11. a. Total contiguous area owned by project sponsor 5.5 Sq. miles
11.b. Project acreage developed: Acres initially Acres ultimately N/A
1. c. Project acreage to remain undeveloped: N/A
1. d.Length of project in miles: (if appropriate)or.feet: N/A
1. e. If project is an expansion or demolition of existing building or use, indicate percent of
change proposed: N/A
!building square footage: developed acreage: .
1. f.Number of off-street parking spaces existing: proposed:. N/A
11. g. Maximum vehicular trips generated per day: and per hour: (upon completion of
project). N/A
11. h. If residential: Number and type of housing units (not structures): N/A
One Family Two Family Multiple Family Condominium
j Initial
Ultimate
If non-residential, Orientation: Commercial X Industrial
Neighborhood City Regional -- Estimated Employment
1. i. Total height of tallest proposed structure: feet. N/A
2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be
removed from the site: or added to the site. NONE
3. Specify what type or vegetation (trees, shrubs, ground cover) and how much will be
removed from the site: NONE
Q PLANNINGISTAFFIJennifer\Cell Tower\FEAF.doc Page 3 of 14
acres, what type?
4. Will any mature trees or other locally important vegetation be removed by this project?
NO
5. ARe there any plans for re-vegetation to replace that removed during construction? N/A
6.If single phase project: Anticipated period of construction months, (including
demolition)N/A
7. If multi-phased project N/A
7. a. Total number of phases anticipated N/A
7. b. Anticipated date of commencement phase one month year, (including demolition)
N/A
7. c. Approximate completion date of final phase month year. N/A
7. d. Is phase one financially dependent on subsequent phases? N/A
8. Will blasting occur during construction? N/A if yes, explain N/A
9. Number of jobs generated: during construction after project is completed ". N/A
10. Number of jobs eliminated by this project: N/A Explain: N/A
11. Will project require relocation of any projects or facilities? yes X No; if yes, explain
12. a.Is surface or sub-surface liquid waste disposal involved?yes X No
12. b. If yes, indicate type of waste (sewage, industrial, etc)
12.c. If surface disposal, where specifically will effluent be discharged?
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be
increased or decreased by proposal? yes X No
14. a. Will project or any portion of project occur wholly or partially within or contiguous
Ito the 100 year flood plain? YES
14. b. Does project or any portion of project occur wholly or partially within or contiguous I
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?X Yes No
14. d. If yes for a, b, or c, explain:
15. a. Does project involve disposal or solid waste? yes X No
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
15. e. Will any solid waste be disposed of on site? N/A
16. Will project use herbicides or pesticides? N/A
17. Will project affect a building or site listed on or eligible for the National or State
Q:IPLANNINGISTAFF1Jennifer\Cell Tower\FEAF.doc Page 4 of 14
Register of Historic Places? Or designated a local landmark or in a landmark district? X
Yes No if yes, explain Possibly
18. Will project produce odors? yes X No; if yes, describe
19.Will project product operating noise exceed the local ambient noise level during
construction? N/A
20. Will project result in an increase of energy use? yes X No; if yes, indicate type(s)
21. Total anticipated water usage per day gals/day. Source of water.NONE
22. Zoning: N/A
22. a. What is dominant zoning classification of site? . N/A
22. b. Current specific zoning classification of site? . N/A
22. c. Is proposed use consistent with present zoning? YES
22. d. If no, indicate desired zoning .
23. Approvals:
123. a. Is any Federal permit required? NO
23. b.Does project involve State or Federal funding or financing?yes X No. If Yes,
Specify
23. c. Local and Regional approvals:
(Yes- Approval Submittal Approval Date
No) Required (type) Date
Council Yes Adoption
BZA No
I �
P&D Board No
Landmarks No
BPW No
Fire Department No
Police No
Department
IURA No
Building No
Commissioner
Q:IPLANNINGISTAFF\Jennifer\Cell TowerIFEAF.doc Page 5 of 14
City of Ithaca Long Environmental Assessment Form
ENVIRONMENTAL ASSESSMENT - PART 2
IMPACT ON LAND
i 1
1. Will there be an effect as a result of a physical Small to Potential Can Impact
be Reduced
;change to project site? Moderate Large by Project
!yes X no Impact Impact Change?
Any construction on slopes of 15% or greater, (15 foot
prise per 100 foot of length), or where the general slope
in the project exceeds 10%.
Construction on land where the depth to the water table
lis 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
I 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: - ---_ _ —�---'-- __------
2. Will there be an effect on any unique landfoirus j vCan Impact
found on the site? (i.e. cliffs, gorges, geological Small to Potential
Moderate Large be Reduced
formations, etc.) Impact Impact by Project
yes Xno Change?
Specific land forms:
3. Will there be an effect on any site designated as a
unique natural area or a critical environmental area by
a local or state agency?
Q'',PLANNING\STAFF1Jennifer\Cell TowerIFEAF.doc Page 6 of 14
yes X no
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 Reduced by
Conservation Law,E.C.L.) Moderate Large project
Impact Impact
l yes X no Change?
Dredging more than 100 cubic yards of material from
channel of a protected stream.
Construction in a designated freshwater.wetland.
Other impacts:
5. Will project affect any non-protected existing or Small to Potential Can Impact be
new body of water? Moderate Large Reduced by
yes X no Impact Impact Project
Change.
A 10% increase or decrease in the surface area of any I
body of water or more than a 10,000 sq. ft. of surface
area.
1 '
Construction,alteration, or conversion of a body of
water that exceeds 10,000 sq. ft. of surface area. I
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver
Creek, Cayuga Lake or the Cayuga Inlet?
Other impacts:
6. Will project affect surface or groundwater Small to Potential Can Impact be
quality? Moderate Large Reduced by
yes X no Impact Impact Project
Change?
Project will require a discharge permit.
Project requires use of a source of water that does
not have approval to serve proposed project.
Construction or operation causing any
;contamination of a public water supply system.
Project will adversely affect groundwater.
Liquid effluent will be conveyed off the site to
facilities which presently do not exist or have
inadequate capacity.
Project requiring a facility that would use water in
excess of 20,000 gallons per day or 500 gallons per
Q:IPLANNING\STAFF\Jennifer\Cell Tower'FEAF.doc Page 7 of 14
•
minute.
Project will likely cause siltation or other discharge
into an existing body of water to the extent that
there will be an obvious visual contrast to natural
conditions.
Other impacts:
DRAINAGE
7. Will project alter drainage flow, drainage j` Small to ;Potential Can Impact be
patterns or surface water runoff? Moderate ( Large Reduced by
yes X no Impact Impact Project Change?
Project would impede floodwater flows. i 1
Project is likely to cause substantial erosion.
Project is incompatible with existing drainage
patterns.
Other impacts:
IMPACT ON AIR
Small to Potential Can Impact
8. Will project affect air quality? be Reduced
yes X no Moderate Large by Project
Impact 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: i
IMPACTS ON PLANTS AND ANIMALS
9. Will project affect any threatened or Small to Potential Can Impact
endangered species? Moderate Large be Reduced
yes X no Impact Impact by Project I
Change?
Reduction of any species listed on the New
Q:\PLANNING\STAFF\Jennifer\Cell Tower'!FEAF.doc Page 8 of 14
York or Federal list, using the site, found
over, on, or near site.
Removal of any portion of a critical or
significant wildlife habitat.
Application of pesticide or herbicide more
than twice a year other than for agricultural
purposes.
Other impacts:
IMPACTS ON PLANTS AND ANIMALS
10. Will project substantially affect non- Small to Potential Can Impact be
threatened or non-endangered species? Moderate Large Reduced by
yes X no Impact Impact. Project
Change?
Project would substantially interfere with any
resident or migratory fish or wildlife species.
Project requires the removal or more than 1/2
acre of mature woods or other locally
important vegetation.
Other impacts:
IMPACT ON VISUAL RESOURCE
11. Will the project affect views, vistas or the
visual character of the neighborhood or Small to Potential Can Impact be
community? Moderate Large ' Reduced by
Impact Project Change?
yes X no Impact
An incompatible visual effect caused by the
introduction of new materials, colors, and/or
forms in contrast to the surrounding
landscape.
A project easily visible, not easily screened,
that is obviously different from others around
it.
Project will result in the elimination or major
screening of scenic views known to be
important to the area.
Other impacts:
IMPACT ON HISTORIC RESOURCES
Q:IPLANNINGISTAFFIJennifer\Cell Tower'FEAF.doc Page 9 of 14
12. Will project impact any site or structure
of historic,prehistoric or paleontological Small to Potential Can Impact be
importance? Moderate Large Reduced by
yes nce
Impact Impact Project Change?
Project occurring wholly or partially within
or contiguous to any facility or site listed on
or eligible for the National or State Register
of Historic Places.
Any impact to an archaeological site or fossil
bed located within the project site.
Project occurring wholly or partially within
or contiguous to any site designated as a local
landmark or in a landmark district.
Other impacts:
IMPACT ON OPEN SPACE AND RECREATION
13. Will the project affect the quantity or Small to Potential Can Impact be
quality of existing or future open spaces or Moderate Large Reduced by
recreational opportunities? Impact Impact Project Change?
yes X no
The permanent foreclosure of a future
recreational opportunity.
A major reduction of an open space
important to the community.
Other impacts:
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing Small to Potential Can Impact be
transportation systems? Moderate Large Reduced by Project
yes X no Impact Impact Change?
Alteration of present patterns of
movement of people and/or goods.
Project will result in traffic problems.
Project will result in [dual wheel] truck
traffic (three axle or more) of more than
10 vehicles per eight-hour period per
day.
Other impacts:
Q:IPLANNINGISTAFF\Jennifer\Cell TowerIFEAF.doc Page 10 of 14
IMPACT ON ENERGY
15. Will project affect the community's Small to Can Impact be
Potential
sources of fuel or energy supply? Moderate Reduced by Project
Large Impact
yes X no Impact Change?
Project causing greater than 5%
increase in any form of energy used in
municipality.
Project requiring the creation or
extension of an energy transmission or
supply system to serve more than 50
single or two family residences.
Other impacts:
IMPACT ON QUALITY OF DAILY LIFE
16. Will there be objectionable odors,
noise, glare,vibration or electrical Small to Can Impact be
disturbance during construction of or Moderate Potential Large Reduced by Project
after completion of this project? Impact impact Change?
yes X no
Blasting within 1,500 feet of a hospital,
school, or other sensitive facility?
Odors will occur routinely(more than
one hour per day)
Project will produce operating noise
exceeding the local ambient noise
levels for noise outside of structure.
Project will remove natural barriers
that would act as a noise screen.
Other impacts:
IMPACT ON HEALTH AND HAZARDS
17. Will project affect public health Small to Can Impact be
and safety? Moderate Potential Large Reduced by Project
yes X no Impact Impact Change?
Project will cause a risk of explosion
or release of hazardous substances
(i.e. oil, pesticides, chemicals,
radiation, etc.) in the event of
accident or upset conditions, or there
Q:IPLANNINGISTAFF\Jennifer\Cell Tower\FEAF.doc Page 1 1 of 14
will be a chronic low-level discharge
or emission.
Project will result in the handling or
disposal or hazardous wastes (i.e.
toxic,poisonous, highly reactive,
radioactive, irritating, infectious, etc.,
including wastes that are solid, semi-
solid, liquid or contain gases.)
Storage facilities for 50,000 or more
gallons of any liquid fuel.
Use of any chemical for de-icing, soil
stabilization or the control of
vegetation, insects or animal life on
the premises of any residential,
commercial or industrial property in
excess of 30,000 square feet.
Other impacts:
IMPACT GROWTH AND CHARACTER OF COMMUNITY OR
NEIGHBORHOOD
18. Will project affect the character Small to Potential Can Impact be Reduced
of the existing community? Moderate Large
yes X no Impact Impact by Project Change?
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 for future projects.
Project will relocate 15 or more
Q:IPLANNINGISTAFFIJennifer\Cell TowerIFEAF.doc Page 12 of 14
employees in one or more
businesses.
Other impacts:
19. Is there public controversy Small to Can Impact be
Potential
concerning the project? Moderate Reduced by Project
Large Impact
yes X no Impact Change?
Either government or citizens
of adjacent communities have
expressed opposition or rejected Yes X no
the project or have not been
contacted.
Objections to the project from. Yes X no
within the community.
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 X PREPARE A NEGATIVE
and, therefore, is one which may not cause DECLARATION
significant damage to the environment.
B. Although the project could have a significant
effect on the environment, there will not be a
PREPARE A NEGATIVE
(significant effect in this case because the DECLARATION
mitigation measures described in PART 3 have
been included as part of the proposed project.
C. The project will result in one or more major f PREPARE A POSITIVE
impacts that cannot be reduced and may cause DECLARATION, PROCEED WITH
!significant damage to the environment. EIS
I F
'Date: October 14, 2003 'Signature of Responsible Official in
Lead Agency
'Print or Type name of Responsible
Signature of Preparer (if different from Official in lead Agency:
responsible officer)
Title/Position: Jennifer Kusznir, Economic
Lead Agency's Name:
Development Planner
Q:IPLANNINGISTAFF1Jennifer\Cell TowerIFEAF.doc Page 13 of 14
•
Long Environmental Assessment Form - Part III
Amendment to the City of Ithaca Zoning Ordinance Section 325-9 and 325-16
October 14, 2003
DESCRIPTION OF ACTION
On November 6, 2002, the Common Council adopted Chapter 325.29.4 of the City
Zoning Ordinance, which as intended to regulate personal wireless service facilities
(PWSF) within the City limits. Unfortunately, in adopting this ordinance, the City
Attorney's Office inadvertently neglected to amend the City Code references to cell
towers, specifically sections 325-9.C(j), 325-9.C(4)(b), and 325-16(d) relating to special
permits for certain cell towers. Since the ordinance was intended to be a comprehensive
ordinance, it is intended to supercede the former special permit requirement.
This environmental review is only to review the impacts of adding language to Sections
325-9 and 325-16 in order to reference the previously adopted ordinance. No additional
impacts are anticipated as a result of this action.
Q:IPLANNINGISTAFF\Jennifer\Cell Tower\FEAF.doc Page 14 of 1 4
11/12/03
Draft Resolution:
Declaration of Lead Agency for the Amendment to Section 325-9 and Section 325-16 of the
City of Ithaca Zoning 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 amendment to Section 325-9 and Section 325-16 of the City of Ithaca
Zoning 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 Amendment to Section 325-9 and Section 325-16
of the City of Ithaca Zoning Ordinance
q:lplanninglstaffljenniferlcell towerlresolution-lead agency.doc 11/12/03
11/12/2003
Draft Resolution:
Proposal to Amend Section 325-9 and Section 325-16 of the City of Ithaca Zoning
Ordinance- Determination of Environmental Significance
WHEREAS, the City of Ithaca is considering a proposal to amend Sections 325-9 and
325-16 of the City of Ithaca Zoning Ordinance, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of the Full Environmental Assessment Forms (FEAF), 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 FEAF 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 in the Full Environmental
Assessment Form, and be it further
RESOLVED, that this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue 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:IPLANNINGISTAFFIJennifer\Cell TowerlResolution-Negdec.doc
PLANNING COMMITTEE:
An Ordinance Amending Section 325-9 and Section 325-16 of
the City of Ithaca Zoning Ordinance
RESOLVED, That Ordinance 03 - entitled "An Ordinance
Amending Section 325 -9 and Section 325 -16 of the City of
Ithaca Zoning Ordinance " is h ereby 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,
December 3 , 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 th e 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 , 2003
An Ordinance to amend Sections 325-9 and 325-16 of Chapter 325 entitled
"Zoning" of the Municipal Code of the City of Ithaca in relation to
telecommunications facilities and services.
Section 1. Section §325-9(C)(j) of Section 325-9(C) entitled "Special Permits" shall be
amended as follows:
C. Special permits.
(1) Applicability. The uses listed under the district regulations in § 325-8
which require a special permit from the Board of Appeals are as follows:
(a) Cemeteries in all districts.
(b) Public utility facilities in all residential districts.
(c) Private schools in all residential districts.
(d) Nursery schools or child day-care centers in R-2 and R-U Districts.
Page 1 of-1
New Language=bolded and underlined
(e) Neighborhood retail or service commercial facilities in R-2 and R-3
Districts.
(f) Hospitals or sanatoriums in R-3 Districts.
(g) In P-1 Districts, within 200 feet of adjoining residential districts, any use
other than public recreation, classrooms or living accommodations. In such P-1 Districts,
living accommodations within 200 feet of adjoining residential districts shall conform to
the use and area regulations applying to the strictest of such adjoining residential districts.
(h) Signs in all districts, as provided in the Sign Ordinance.
(i) Home occupations in all Residential Zoning Districts require a temporary
special permit unless the home occupation meets all the following criteria:
[1] The occupation does not carry a stock of merchandise or store
materials for resale or use in the occupation, except a reasonable supply of office
supplies customarily incidental to a small office.
[2] The occupation does not create traffic or need for parking beyond
that which is customarily incidental to the residential use of the property. Factors
that are not to be considered incidental to residential use are regularly scheduled
events such as deliveries, client or customer visits or similar events.
[3] The occupation requires or performs no exterior alterations and
maintains no exterior display visible from outside the residence (including
vehicles with signage parked outside of the buildings) except a nameplate as
permitted by Municipal Code Chapter 272.
[4] The occupation does not create any noise, vibration, smoke, dust or
objectionable effects not customarily incidental and accessory to the residential
use of the property.
(j) In any district, towers or structures for the transmission or receipt of radio
or other electronic communications signals, except towers or structures subject to
Article V-A of the City Code, $325.29.4, entitled "Telecommunications Facilities and
Services," unless:
[1] The towers or structures are antennas or satellite dishes with a
maximum dimension of six feet or less;
[2] Such antennas or satellite dishes are not in a front yard;
[3] The maximum height (top to bottom) of such antenna or satellite
dish, when combined with attached mounting supports, is 10 feet or less; and
[4] Such antennas or satellite dishes, if they are to be located where
they would ordinarily be visible from a public way adjoining the property, are
subject to the following conditions:
[a] If in a residential zone or on a lot abutting or across a street
or waterway from a residential zone, they shall be screened from such
view.
[b] In all other locations, they shall be screened from such
view or be of a color and/or in a location that will minimize their visual
impact.
(k) Towers or structures intended for use in the generation of electricity for
the premises on which such tower is located in any district.
(1) Community or neighborhood gardens in all districts
(m) (Reserved)
Page 2,,r
vest l aneuagc=bolded and underlined
(n) Group adult day-care facilities in R-2 Districts.
(o) Any use not permitted as of right in the I-1 Zoning District
(p) Redemption centers in B-2 Districts
(q) Bed-and-breakfast homes and bed-and-breakfast inns.
Section 2. Section 325-9(C)(4)(b) of 325-9(C) entitled "Special Permits" shall be
amended as follows:
(4) Specific standards applicable to certain uses requiring special permits. Certain
uses listed in the district regulations in § 325-8 as requiring a special permit must
conform to the applicable conditions set forth in this subsection.
(a) Neighborhood retail or service commercial facilities in R-2 and R-3
Districts:
[1] The applicant must furnish information as to the specific goods or
services offered and the nature, size and hours of operation of the facility
proposed in sufficient detail to enable the Board of Appeals to determine whether
the use conforms to the limitations specified in the definition of this category.
(See § 325-3.)
[2] The response of those notified by the appellant as required in the
procedures set forth in § 325-40, as well as that expressed at the public hearing,
should be a principal factor in the Board's decision to grant the special permit.
(b) Towers or structures for the transmission or receipt of electronic
communications signals in connection with any commercial or business enterprise in any
zone except towers or structures subject to Article V-A of the City Code, §325.29.4
entitled "Telecommunications Facilities and Services":
[1] Applicants must furnish information on the nature of the business
requiring such means of communication, including reasons why such tower or
structure must be located on the premises in question.
[2] Applicants shall furnish the Board of Zoning Appeals with scale
drawings of the proposal, including, as a minimum, a plot plan of the premises
involved showing lot lines and the accurate locations of all buildings or structures
on the premises and on each adjacent lot, as well as the locations of the proposed
tower and all guy wires, poles or anchors, and a sketch elevation of the premises
accurately depicting the proposed tower and its relationship to structures on the
premises and to the nearest structures on adjacent lots.
[3] Applicants shall provide sufficient information, including
manufacturer's specifications or engineering data, to assure the Board that the
proposed tower or structure will not unnecessarily obstruct the view from
neighboring properties, that the tower support system meets manufacturer's
specifications or engineering requirements and that the tower and its supports will
be adequately safeguarded against structural damage by persons or vehicles and
against unauthorized climbing.
[4] The response of those notified by the appellant as required in the
procedures set forth in § 325-40, as well as that expressed at the public hearing.
should be a principal factor in the Board's decision to grant the special peuuit.
Page 3 of 4
No‘ Lamzuagc=bolded and underlined
•
•
•
Section 3. Section 325-16(A)(d) of Section 325-16 of the City Code, entitled "Height
regulations" shall be amended as follows:
A. Exceptions.
(1) The height limitations of this chapter shall not apply to:
(a) Church spires, belfries or towers, cupolas, mechanical
penthouses, stairtowers and domes not intended for human occupancy.
(b) Chimneys, ventilators, skylights, water tanks, bulkheads
and similar features and necessary mechanical equipment mounted above
roof level, including devices for solar power.
(c) Towers or structures, including satellite dishes, for the
transmission or receipt of radio or other electronic signals for the
noncommercial use and enjoyment of occupants of the premises, including
television, ham radio, citizens'band, MARS and similar operations in
connection with hobbies and home entertainment
(d) Towers or structures for the transmission or receipt of
electronic communications signals in connection with any commercial or
business enterprise under conditions which meet with any supplementary
safety regulations thereto, except, further, that such towers or structures
shall require special permits for accessory uses as provided in § 325-9
above except for those towers or structures subject to Article V-A of
the City Code, $325.29.4 entitled "Telecommunications Facilities and
Services" which shall not be required to obtain a special permit.
(e) Towers or structures intended for use in the generation of
electricity for the premises on which such tower is located, except, further,
that such structures shall require special permits as provided in § 325-9.
(2) In no case shall the horizontal surface area covered or occupied by
such feature exceed 20% of the total ground floor area of the building or 30% of
the area of the roof plane on which it is located, whichever is less. If erected as a
structure separate from a building existing on the premises, such structure shall
conform to the area regulations of this chapter (§ 325-8 above) as to coverage
(combined with other structures), lot size and yard dimensions, which shall be
computed from the nearest point of any structural or supporting member, pole or
guy wire to lot lines. In all cases, the surface area occupied by such feature shall
be computed as the total area encompassed by a line enclosing the feature and any
structural or supporting members on a horizontal plane at the point of attachment
to the main building or to the ground.
Section 4. Effective Date.
This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
Page 4 of 4
New Language=bolded and underlined
CITY OF ITHACA
_ `-FT_T11I1FT=-T=1 1 108 East Green Street Ithaca, New York 14850-5690
1117i iff.T.11�v OFFICE OF THE CITY ATTORNEY
............
•..'f��
' q Norma W. Schwab, City Attorney Telephone: 607/274-6504
Patricia Dunn,Assistant City Attorney Fax: 607/274-6507
Robert A. Sarachan,Assistant City Attorney
Khandikile M.Sokoni,Associate Attorney
Dawn M.L.Tordel,Legal Assistant
MEMORANDUM
To: Planning and Economic Development Committee
From: Norma Schwab, City Attorney \
Re: Conflict of Interest - IURA Designation as Lead Agency to Develop
and Administer the Consolidated Plan
Date: November 19, 2003
I have reviewed the October 31, 2003 letter from Thomas Edwards, Executive
Director of the Mutual Housing Authority (MHA) to Common Council Members. Mr.
Edwards raises concerns that the IURA should not be designated as Lead Agency to
develop and Administer the HUD-required Consolidated Plan because H. Mathtys Van
Cort, Executive Director of the IURA (also the City's Director of Planning and
Development) also serves on the board of Ithaca Neighborhood Housing Services
(INHS). To reach a conclusion, I have also reviewed relevant portions of the Ithaca City
Code,relevant federal regulations, the Consolidated Plan and other related items.
The purpose of the City Ethics Code is to eliminate to the greatest extent possible
the existence of conflicts of interest pertaining to city officials and city employees in the
exercise of their official duties. These would be official duties on behalf of the City. As
I understand it, although the incumbent City Director of Planning and Develop is also the
Executive Director of the IURA ( which is NOT a city department and is a separate legal
entity) such is not a job requirement, and not part of his city official duties, and there is
no requirement from the IURA side that the City's Planning and Development Director be
the Executive Director of the IURA. Therefore, it is my opinion that the City's Code of
Ethics does not apply to the matter at hand, which is the relationship between the
executive Director of the IURA and the INHS. The Committee (and ultimately Common
Council) may have other reasons not to make the designation in question, but the City's
Code of Ethics should not be one of them.
In reviewing the relevant federal regulations and other materials related to
Conflict of Interest, it is my opinion that designating the IURA as the Lead Agency
would not violate those regulations. The way I understand them, it is only a situation that
would provide a financial interest or benefit (to Van Cort in this instance) which would
K:\NORMA\Memos\TUBA Lead Agency Conflict Opn.doc 1
An Equal Opportunity Employer with a commitment to workforce diversification." C�
be prohibited. I do not believe that to be the case with the formulation of the HUD-
required Consolidation Plan.
It is important to keep in mind that organizations such as MH and INNS which
represent community based private and public partnerships benefit greatly from the
participation of governmental officials on their boards. Public participation was
specifically recognized when the federal regulations were under discussion in 1992-95 as
a " benefit that should not be discouraged". The federal conclusion was that only
situations that provided a financial interest or benefit would be prohibited. As stated
above, as I understand it, Van Cort does not stand to derive such a benefit from any part
he might play in the formulation of the Consolidated Plan.
K:\NORMA\Memos\IURA Lead Agency Conflict Opn.doc 2
CITY OF ITHACA E 6
v'`,•�"'f`•''u'� ''s 108 East Green Street— 3rd Floor Ithaca, NeI
rumul
fTTTi TTTI •
�,✓`Ati. DEPARTMENT OF PLANNING AND DEVELOPMENT
Po� Q_ H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
,, DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-27-i-6550 Community Development/IURA - 607-274-6559
Email: planning@ cityofithaca.org Email: iuraCcitvofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
November 13, 2003
TO: Planning and Economic Development Committee
FROM: Douglas McDonald
Director of Economic Development
Re: NYS DOT Surplus West End Parcels
There appears to be a remaining remnant of the "Octopus"project(more officially referred to as
the Route 96 Improvements Project PIN 3047.04.222, SH 64-10) of the mid-1990's.
As part of the project it was the intent of NYS DOT to convey to the City of Ithaca, as
replacement parcels for parking which would be taken away by the project, three (and possible
others that I am not aware of)parcels of replacement land. One parcel (on the southeast corner of
Fulton and Esty Streets) was actually sold off by DOT (working with the City) to a private
developer. The other parcels however have been in a kind of bureaucratic limbo for several years
and thus the actual deeding over of the remaining two parcels has never been accomplished. One
of the two parcels is located on the northeast corner of Fulton and W. Court St. The second
parcel is located on the east side of Taughannock Blvd a few hundred feet north of its intersection
with W. Buffalo St. (Please see attached maps).
DOT, with some new personnel in place, is now anxious to complete this minor step of conveying
those two parcels. To accomplish this DOT is requiring resolutions from Common Council
accepting the parcels from the NY State and agreeing to maintain them as parking lots. A
condition of these parcels being deeded over is that in the event that the City some day decided to
sell off the parcels, that the proceeds from the sale would be returned to the State.
I am attaching two similar resolutions for your consideration. I am told by NYS DOT that the
approval of these by Common Council is the only necessary remaining step to complete this
project.
"An Equal Opportunity Employer with a commitment to workforce diversification." Zt)
'
November 19, 2003
DRAFT RESOLUTION:
A Resolution of Acceptance of Parking Lot Located on the Northwest corner of the
Intersection of Fulton Street and West Court Street, known as Parcel #115, by the
City of Ithaca from the NY State Department of Transportation
WHEREAS The New York State Department of Transportation has completed the
construction of NYS Route 96 Improvements, PIN 3047.04, in the City of Ithaca, and
WHEREAS as part of that project the State included the construction of a parking lot at
the corner of West Court Street and Fulton Street, known as Parcel #115, pursuant to
Section 10, Subdivision 39 of the Highway Law, and
WHEREAS it was, and is, the intent of NYS DOT to convey title to this parcel to the
City of Ithaca, and
WHEREAS Common Council, by Resolution passed in November 1994, approved the
construction of the parking lot as well as agreeing to its maintenance as a public parking
lot; now therefore be it
RESOLVED that the Common Council of the City of Ithaca hereby accepts the deeding
over from NYS DOT to the City of Ithaca the above-referenced parking lot for use as a
public parking lot, and be it further
RESOLVED that the City of Ithaca hereby agrees as a teen of such acceptance that the
parcel will be maintained as a public parking lot with no change in use without the
express approval of the NYS DOT. and be it further
RESOLVED that the City Clerk is hereby directed to transmit five (5) certified copies of
the foregoing resolution to the NYS Department of Transportation.
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November 19, 2003
DRAFT RESOLUTION:
A Resolution of Acceptance of Parking Lot Located on the east side of Taughannock
Blvd., and known as Parcel #114, by the City of Ithaca from the NY State
Department of Transportation
WHEREAS The New York State Department of Transportation has completed the
construction of NYS Route 96 Improvements, PIN 3047.04, in the City of Ithaca. and
WHEREAS as part of that project the State included the construction of a parking lot on
the east side of Taughannock Blvd, known as Parcel #114, pursuant to Section 10,
Subdivision 39 of the Highway Law, and
WHEREAS it was, and is, the intent of NYS DOT to convey title to this parcel to the
City of Ithaca, and
WHEREAS Common Council, by Resolution passed in November 1994, approved the
construction of the parking lot as well as agreeing to its maintenance as a public parking
lot; now therefore be it
RESOLVED that the Common Council of the City of Ithaca hereby accepts the deeding
over from NYS DOT to the City of Ithaca the above-referenced parking lot for use as a
public parking lot, and be it further
RESOLVED that the City of Ithaca hereby agrees as a term of such acceptance that the
parcel will be maintained as a public parking lot with no change in use without the
express approval of the NYS DOT, and be it further
RESOLVED that the City Clerk is hereby directed to transmit five (5) certified copies of
the foregoing resolution to the NYS Department of Transportation.
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E7
To: Planning and Economic Development Committee
From: Susan Blumenthal
Re: Driveway Purchase
Date: November 13, 2003
The Giovannoni family currently access their home (1001 Giles Street) across city
property (old Giles Street). The family is interested in acquiring this approximately 0.15 acre
segment which they currently maintain as a driveway. They cite the following reasons for
interest in acquiring this property:
1) They have already invested approximately $30,000 in 2002 to replace a large
retaining wall that supports the driveway and spans both city and their property.
2) While they have been granted a perpetual right of access by the city they would be
more comfortable owning the connection to Giles Street because they would like to
narrow the currently very wide entrance which is being used by drivers to turn around
on Giles Street. This situation results in additional drive-way maintenance and
presents a safety concern for the family.
This item was discussed at the November 5, 2003 Board of Public Works meeting. The
board was generally supportive, however, there are two city-owned parcels to the east connected
by a paper street, and the board wanted to know if these parcels are developable and if access to
the parcels would be cut off if the driveway were sold to the Giovannonis.
I am requesting that this item be placed on the November 19 P & ED meeting agenda as a
tentative item. Thys is reviewing the condition of the two easterly parcels to determine whether
these are potential properties that could be sold by the city for houses. If so, the driveway piece
desired by the Giovannonis could be sold with an easement for access to the other parcels.
Additional information and a map will be provided in advance of the meeting.