HomeMy WebLinkAbout01-21-04 Planning & Economic Development Committee Meeting Agenda REVISED
MEETING NOTICE
City of Ithaca
Planning,Neighborhoods & Economic Development Committee
Wednesday,January 21,2004
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, Director of Planning & Development
D. Action Items
1. Community Development Block Grant(CDBG) - Citizen Participation Plan
-Resolution (materials enclosed) 20 minutes
2. Waterfront Zone - Revision to Existing Ordinance -Resolutions 20 minutes
(materials enclosed)
E. Other Items
• -
—
1. Taughannock Boulevard Extension - Report and Discussion 20 minutes
(materials to be distributed at meeting)
2. Seneca Place on The Commons - Report 15 minutes
F. Possible Motion to Enter into Executive Session -To discuss possible property acquisition
G Adjournment
Questions about the agenda should be directed to Mary Tomlan,Chairperson(272-9481)or to the appropriate staff person at
the Department of Planning&Development(274-6550). Back-up material is available in the office of the Department of
Planning&Development. Please note that the order of agenda items is tentative and subject to change.
If you have a disability and require accommodations in order to fully participate, please contact the City
Clerk at 274-6570 by 12:00 noon on Tuesday, January 20, 2004.
MEETING NOTICE
City of Ithaca
Planning, Neighborhoods & Economic Development Committee
Wednesday,January 21,2004
•
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, Director of Planning & Development
D. Action Items
1. Community Development Block Grant (CDBG) - Citizen Participation Plan
- Resolution (materials enclosed) 20 minutes
2. Waterfront Zone - Revision to Existing Ordinance-Resolutions 20 minutes
(materials enclosed)
E. Other Items
1 Planned Unit Development(PUD) Zoning Ordinance Amendment 15 minutes
- Report (materials enclosed)
2. Seneca Place on The Commons - Report 15 minutes
F Possible Motion to Enter into Executive Session - To discuss possible property acquisition
G Adjournment
Questions about the agenda should be directed to Mary Tomlan, Chairperson(272-9481)or to the appropriate staff person at
the Department of Planning&Development(274-6550). Back-up material is available in the office of the Department of
Planning&Development. Please note that the order of agenda items is tentative and subject to change.
If you have a disability and require accommodations in order to fully participate, please contact the City
Clerk at 274-6570 by 12:00 noon on Tuesday, January 20, 2004.
Approved at the March 17,2004 meeting of the
Planning,Neighborhoods&Economic Development Committee
Planning, Neighborhoods & Economic Development Committee
January 21,2004
Minutes
Committee Members Attending: Mary Tomlan, Chair; Michelle Berry; Dan Cogan; Pam
Mackesey; Gayraud Townsend and Mayor Carolyn Peterson.
Other City Elected Officials Attending: Maria Coles David Whitmore and Joel Zumoff
(Whitmore left at approximately 8:20 p.m. after the vote on the Community Development Block
Grant- Citizen Participation Plan.)
Staff Attending: H. Matthys Van Cort,Nels Bohn, JoAnn Cornish, Bill Gray, Sue Kittel,
Jennifer Kusznir, Tim Logue, Doug McDonald.
Meeting was called to order at 7:35 p.m. by Chair Mary Tomlan.
A. Public Comment and Responses
John Schroeder, Guy Gerard and Joel Harlan spoke in that order.
B. Action Items
1. Community Development Block Grant- Citizen Participation Plan
Nels Bohn and Sue Kittel presented the proposed amendments to the City's Citizen
Participation Plan.
After some discussion, on a motion by Mackesey, seconded by Cogan, the Committee
unanimously voted in favor of the proposed plan and directed that it be referred to
Common Council for Action. (5-0)
2. Waterfront Zone—Revision to Existing Ordinance
JoAnn Cornish and Jennifer Kusznir explained the proposed revisions to the zoning for
the Inlet Island.
After thorough discussion, Cogan moved all three resolutions: Lead Agency,Negative
Declaration for Environmental Significance and Approval, seconded by Berry. Approved
unanimously.
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q:\planning\groups\planning,neighborhood and eco dev committee 2004\minutes\0121.doc
Approved at the March 17,2004 meeting of the
Planning,Neighborhoods&Economic Development Committee
C. Other Items
1. Taughannock Boulevard Extension—Report and Discussion
Bill Gray, JoAnn Cornish and Tim Logue presented the history of the Southwest area and
the circulation problems in and surrounding the area.
A lengthy discussion followed. Committee decided to discuss the issues again at a later
time. Bill Gray said that he would not act on the Board of Public Works resolution
regarding the study.
2. Seneca Place on the Commons—Report
Doug McDonald reported on the status of Seneca Place on The Commons.
D. Executive Session
On a motion by Mackesey, seconded by Cogan, the Committee unanimously approved a
motion to enter into Executive Session at 10:30 p.m. to discuss possible property acquisition.
Committee returned to open session. Tomlan reported that no action was taken.
E. Adjournment
On a motion by Mackesey, seconded by Cogan, the meeting was adjourned at 10:50 p.m.
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q:\planning\groups\planning,neighborhood and eco dev committee 2004\minutes\0121.doc
Rosemarie Tucker- Planning Committee materials Page 1
From: <MTomlan @aol.com>
To: <roset @cityofithaca.org>
Date: 1/20/04 1:07AM
Subject: Planning Committee materials
Rose,
In checking my packet of committee materials, I noted that pp. 11 and 12 were
missing from the"Proposed Comprehensive Revision of the Citizen
Participation Plan, City of Ithaca, Ithaca Urban Renewal Agency," Draft#4, Jan. 12, 2004.
Because I had previously obtained a copy of that document, I don't need
those two pages, but I have alerted committee members to the possible omission and
they may be contacting you. I noted that, if they reported that they were
missing those pages, you could provide them with copies in their city hall
mailboxes. Thanks.
Mary
off• CITY OF ITHACA
;1r4 108 East Green Street— 3rd Floor Ithaca, New York 14850-5690
+�, DEPARTMENT OF PLANNING AND DEVELOPMENT
OAPo� O`= H. MATTHYS VAN COAT, DIRECTOR OF PLANNING AND DEVELOPMENT
°" DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559
Email: planning @cityofithaca.org Email: iura @cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
TO: Members of Planning, Neighborhoods & Economic Development Committee
FROM: Rosemarie Tucker, Administrative Secretary
SUBJECT: Missing Pages in Document for Committee Meeting Scheduled for 1/21/04
DATE: January 20, 2004
Mary Tomlan notified me that some of you might be missing pages 11 and 12 of the "Citizen
Participation Plan for the City of Ithaca Urban Renewal Agency". This document is part of item
#D1 in your packet for tomorrow's meeting.
I have attached pages 11 and 12 and apologize for any inconvenience this may have caused you.
Attachment
Copy: Mary Tomlan, Committee Chair
'An Equal Opportunity Employer with a commitment to workforce diversification." 0
: CITY OF ITHACA
V4•f •viAll•l•%;� �,; 108 East Green Street— 3rd Floor Ithaca, New York 14850-5690 JJ 1
r74179. �m / DEPARTMENT OF PLANNING AND DEVELOPMENT
H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559
Email: planning @cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning, Neighborhoods and Economic Development Committee Members
From: Sue Kittel, CD Planner
Date: January 13, 2004
Re: Citizen Participation Plan for the Ithaca Urban Renewal Agency
In your packet you will find two documents relating to the Consolidated Plan and the Citizen
Participation Plan. These two documents are related in that the Citizen Participation Plan provides
the community with a blueprint of the process to be used to develop the five-year Consolidated
Plan and the annual Action Plan.
The Draft Citizen Participation Plan was reviewed by the Planning and Economic Development
Committee and the Ithaca Urban Renewal Agency late last year and has been available for public
review and comment since December 15, 2003. The comment period closes on January 15, 2004.
All comments will be made available to the Planning, Neighborhoods and Economic Development
Committee at your January meeting.
We have included a proposed resolution for your consideration. Please call me at 274-6553 if you
have questions or wish to discuss the details of this plan or of the Consolidated Planning process.
I will be in attendance at your meeting to answer questions.
Thank you.
"An Equal Opportunity Employer with a commitment to workforce diversification." 0
D1
Consolidated Plan
A Consolidated Plan must be submitted by the grantee and approved by HUD to be eligible
to receive funds under the CDBG Entitlement program.
The Consolidated Plan is a plan of five years in length that describes City of Ithaca's needs,
resources, priorities and proposed activities to be undertaken under certain HUD programs,
including Community Development Block Grant (CDBG), Home Investment Partnerships
(HOME), Emergency Shelter Grant (ESG)and Housing Opportunities for Persons with AIDS
(HOPWA). It appears that Ithaca initially only qualifies to be eligible to receive
categorical grant funds under the CDBG program.
Each year,grantees must submit an update, referred to as an Action Plan, to HUD. This
annual update constitutes the grant application that describes the specific uses and
outcomes of CDBG funds to be received for the upcoming program year.
Consolidated Plan Components
To meet the minimum requirements set forth by HUD,a Consolidated Plan must include five
main components:
• A description of the lead agency or entity responsible for overseeing the
development of the Consolidated Plan and a description of the process undertaken
to develop the plan;
• A housing and homeless needs assessment;
• A housing market analysis;
• A strategic plan (five years in length); and
• A one-year Action Plan containing a description and budget for activities to be
undertaken in the current program year.
Each of these required Consolidated Plan components is further described below:
Lead Agency
A description of the lead agency or entity responsible for overseeing the development of
the Consolidated Plan and a description of the process undertaken to develop the plan.
A Housing and Homeless Needs Assessment which contains:
1. Number and type of families in need of housing assistance:
2. Disproportionate needs of minority groups, if applicable;
3. Nature and extent of homelessness;
4. Number of persons requiring supportive housing;
5. Size and characteristics of population with HIV/AIDS; and
Summary of Consolidated Plan Contents IURA
Page I of 3
6. Estimate of housing units occupied with low-and moderate-income families with lead-
based paint hazards.
A Housing Market Analysis which contains:
1. Supply, demand, cost and condition of housing;
2. Housing stock available to persons with special needs;
3. Description of areas of minority and low-income concentrations;
4. Number, physical condition and rehabilitation needs of public housing units;
5. Housing authority's strategy for improving management and operations of public housing
and for improving the living environment of families residing in public housing; and
6. Identification of public housing developments participating in the Comprehensive Grant
(HUD Continuum of Care) Program, including a reference to those being funded with
other funds covered by the Consolidated Plan.
A Strategic Plan which includes the following:
1. General housing, homeless and special needs priorities and geographic investment among
priority needs
2. Identification of any obstacles to meeting underserved needs;
3. Description of how funds made available will be used to address priority needs;
4. Proposed accomplishments over a specific time period;
5. Non-housing community development needs;
6. Neighborhood revitalization strategy (optional);
7. Strategy to remove or ameliorate barriers to affordable housing;
8. Actions to evaluate and reduce lead-based paint hazards;
9. Anti-poverty strategy;
10. A description of the institutional structure;
11. A description of activities to enhance coordination between public and private housing
providers; and
12. Public housing resident initiatives.
An Action Plan which contains:
1. Application form (SF 424);
2. A description of Federal and other resources expected to be available;
3. A description of leveraging of sources and how match obligations will be met;
4. A description of the activities to be undertaken, including:
✓ Number and type of families that will benefit;
✓ Priority needs addressed;
✓ Program income anticipated;
✓ Proposed accomplishments;
✓ Target completion dates;
5. A description of the geographic distribution of investment;
6. A description of planned homeless and other special needs activities;
7. A description of other actions proposed to:
Summary of Consolidated Plan Contents IURA
Page 2 of 3
• Address obstacles to address underserved needs;
✓ Foster and maintain affordable housing;
✓ Remove barriers to affordable housing;
✓ Evaluate and reduce lead-based paint hazards;
✓ Reduce the number of families in poverty;
✓ Develop the community's institutional structure;
✓ Enhance coordination between public and private housing providers, social
service agencies; and
✓ Foster public housing improvements and resident initiatives.
8. Appropriate reference to annual revisions to the action plan prepared for the
Comprehensive Grant program by the housing authority;
9. If the housing authority is designated as a "troubled" housing authority, the plan to
assist the agency in addressing its problems;
10. Certifications;
11. A description of proposed alternative forms of investment not specifically listed as
eligible in the HOME regulations;
12. If undertaking homebuyer activities,a description of proposed resale and/or recapture
guidelines; and Program-specific certifications.
Prepared by N. Bohn,IURA
9/03
q:\planning\community development\cdbg-2004\consolidated plan summary.doc
Summary of Consolidated Plan Contents IURA
Page 3of3
D1
Draft#4
January 12, 2004
Proposed Comprehensive Revision of the:
CITIZEN PARTICIPATION PLAN
CITY OF ITHACA
ITHACA URBAN RENEWAL AGENCY'
(upon adoption this Plan will supersede the current Citizen Participation Plan)
The Citizen Participation Plan ("CP Plan") describes the City of Ithaca's procedures for involving the public
in development and implementation of the Consolidated Plan and the annual Action Plan. The
Consolidated Plan identifies top priority community development needs for a five-year period and has a
distinct set of requirements for its development. It describes the general over-arching community
development needs of the City and develops strategies for addressing these needs. The Ithaca Urban
Renewal Agency(IURA)will undertake the preparation of the first Consolidated Plan on behalf of the City
in 2004.
The annual Action Plan contains a description and budget for individual activities to be undertaken in each
program year with funding made available through the U.S. Department of Housing & Urban Development
("HUD"). The activities of the Action Plan will address the needs identified in the Consolidated Plan and
must also meet the selection criteria listed below.
The provisions included below are intended to inform the citizens of Ithaca about funding programs
available to address community development needs, and their regulatory requirements, then provide
opportunities to recommend program activities, express views, and comment on the City's proposed
activities to be undertaken.
In addition, citizens will be given a reasonable opportunity to comment on its past performance
implementing program activities and any substantial amendments to the Citizen Participation Plan or the
Consolidated Plan.
The Common Council shall have ultimate responsibility and authority for the development and execution of
its Consolidated Plan. Common Council has selected the Ithaca Urban Renewal Agency(IURA) as the
lead agency with primary responsibility for development and administration of the Consolidated Plan,
including the implementation of the activities funded by the Community Development Block Grant
Entitlement program ("CDBG").
This plan shall become effective immediately upon adoption and shall remain in effect until all activities
' Originally adopted by the IURA/CDA,March 22, 1983
amended by IURA,November 12, 1998
amended by IURA,March 8,2000
Citizen Participation Plan, draft#4 City of Ithaca/IURA
assisted by HUD funds pursuant to the Consolidate Plan are completed, or until it is superseded by a new
or revised plan.
The plan shall provide a process for citizen participation at the community-wide level, at the neighborhood
level, and in other areas where multi-component projects are proposed or ongoing. This plan is designed
to especially encourage participation by residents of predominantly low and moderate-income
neighborhoods and any residents of slum or blighted areas.
IURA Responsibilities
The IURA will be responsible for:
1. Overseeing the development and implementation of the five-year Consolidated Plan,
including the following four components:
• A housing and homeless needs assessment;
• A housing market analysis;
• A strategic plan, including identification of non-housing community development
needs;
• An annual one-year Action Plan containing a description and budget for activities to be
undertaken in the current program year
2. Amendments to the Consolidated Plan
3. Development and implementation of the Citizen Participation Plan
4. Administration of the Consolidated Plan, including preparation of an annual performance
report
I. CONSOLIDATED PLAN
A. Organization Meetings
At the beginning of the cycle to develop or substantially amend the Consolidated Plan, the
IURA will hold an organizational meeting describing the goals, regulatory requirements
and process to be used in developing the Consolidated Plan. During this time, efforts will
be made to solicit informal program suggestions from the general public through various
media.
B. Neighborhood Public Input
IURA staff will hold a minimum of four(4) neighborhood public input meetings at different
neighborhood locations. These meetings will acquaint residents with the provisions of the
program and obtain citizens' views on community development needs and proposals to
effectively address these needs. These meetings will present information to citizens on:
1. the total amount of CDBG funds, and other funds, anticipated to become available to
Page 2 of 12
Citizen Participation Plan,draft#4 City of Ithaca/IURA
the City on an annual basis;
2. eligible and ineligible activities and mandatory national objectives that each activity
must meet;
3. process to be followed to develop the Consolidated Plan, including schedule of
meetings and hearings;
4. the citizen participation plan;
5. a summary of other important program requirements; and
6. presentation of the activities funded in previous years.
Public input meetings will be held at locations convenient to residents of predominantly
low-and moderate-income neighborhoods. Meetings will take place in the evenings or on
weekends. All meetings will be held in buildings that are accessible for persons with
disabilities. Notice of these meeting will be published as display ads in The Ithaca Journal
and The Ithaca Times at least six(6) days prior to any meeting notifying the public of the
date, time, location, purpose of the meeting and will include language regarding the
availability of accommodations for persons needing special assistance to participate in the
meetings.
In addition, notice of the public input meetings will be mailed or e-mailed to a distribution
list developed and maintained by the IURA that includes neighborhood organizations, past
beneficiary organizations, interested persons and elected officials. The IURA will expand
the list to include any individual or organization upon request.
Development of the Consolidated Plan shall also be informed by the community
development needs and recommendations to address those needs identified in recently
completed neighborhood plans or available from an ongoing participatory neighborhood-
based planning process.
C. Public Hearings
A minimum of two public hearings will be held to obtain citizens' views and to respond to
proposals and questions, to be conducted at two different stages of the program year.
One hearing will be held during development of the Consolidated Plan. This first public
hearing will be held by the IURA to obtain the views of citizens on the highest priority
housing and non-housing community development needs, and suggested activities to
address these needs. The second public hearing will be held by the Common Council
after publication of the proposed Consolidated Plan to allow citizens to comment and
suggest modifications prior to its adoption.
All public hearings will be held in buildings that are accessible for persons with disabilities.
Page 3of12
Citizen Participation Plan,draft#4 City of Ithaca/IURA
Notice of these public hearings will be published as legal notices at least ten (10) days
prior to the public hearing and as a display ad in The Ithaca Journal and The Ithaca Times
at least six(6) days prior to the public hearing. Both notices will provide the public of the
date, time, location, purpose of the hearing and will include language regarding the
availability of accommodations for persons needing special assistance to participate in the
meetings.
In addition, public announcements regarding the public hearings will be requested to be
announced at a meeting of the following groups prior to the hearing:
• City of Ithaca Common Council
• Appropriate City of Ithaca Common Council committee(s)
• City of Ithaca Board of Public Works
• City of Ithaca Planning & Development Board
• Ithaca Urban Renewal Agency
• Housing & Homeless Housing Task Force
D. Consultations with Public and Private Organizations
In addition to neighborhood meetings and public hearings, a minimum of four topical focus
group meetings will be convened with public agencies, non-profit organizations, private
entities, and interested persons. The topics will include:
• Housing
• Downtown Revitalization and Economic Development
• Infrastructure and Public Facilities
• Public Services
The focus meetings will be advertised and agencies and interested individuals will be
contacted directly to encourage their participation at these meetings. Notice of focus
meetings will be mailed or e-mailed to a distribution list developed and maintained by the
IURA of organizations and individuals by focus topic, including organizations that have
submitted funding applications in the past. The IURA will expand the list to include any
individual or organization upon request.
E. Consultation with the Ithaca Housing Authority
The Ithaca Housing Authority and Housing Authority residents will be encouraged to
participate in the development of the Consolidated Plan using two strategies. First, at
least one of the neighborhood public input meetings will be held at a location convenient
to Housing Authority residents. In addition, the Housing Authority staff, board and resident
councils will be contacted directly and encouraged to participate in the housing focus
meeting. Finally, a meeting will be held directly with Housing Authority staff to ensure
coordination of the Consolidated Plan with the Housing Authority's Comprehensive Grant
program and other project planning.
F. Publication of the Proposed Consolidated Plan
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Citizen Participation Plan,draft#4 City of Ithaca/IURA
The IURA will publish copies of the proposed Consolidated Plan on behalf of the City of
Ithaca at least 30 days prior to its submission to HUD. Copies will be made available at
the following locations:
• the office of the IURA
• the City of Ithaca Mayor's office
• Tompkins County Library
• The Tompkins County Human Service Coalition office
An electronic version of the proposed plan will also be posted on the City of Ithaca web
page (www.cityofithaca.org).
F. Publication of the Notice of Availability of the Proposed Consolidated Plan
Legal notice of the availability of the proposed Consolidated Plan will be published in the
Ithaca Journal. A summary of the proposed plan will be published in the Ithaca Journal,
the local paper of record, during the 30-day public comment period. The summary will
describe the contents and purpose of the Consolidated Plan, including the proposed
allocation of CDBG funds by category of eligible activities, and will include a list of the
locations where copies of the entire proposed Consolidated Plan may be examined. In
addition, the City Clerk will be requested to announce the availability of the proposed
Consolidated Plan for public comment at a Common Council meeting during the 30-day
public comment period.
G. Citizen Review of Proposed Consolidated Plan
A minimum thirty (30) day period, from the date of the legal notice of the availability of the
proposed Consolidated Plan, will be provided to receive comments from citizens on the
Consolidated Plan. All written comments received during this period will be addressed by
the staff of the IURA, in writing, within 15 days. A summary of comments received in
writing, or orally at the public hearings, and the IURA response to such comments will be
attached to the final Consolidated Plan.
Following the second public hearing and close of the 30-day comment public comment
period, the Common Council will vote to adopt a final Consolidated Plan.
II. ANNUAL ACTION PLAN
A. Organizational Meeting
At the beginning of each annual action plan cycle, the IURA will hold an organization
meeting so that staff can explain the program and the relation between the action plan and
consolidated plan. During this time, efforts will be made to solicit informal program
suggestions from the general public through various media.
Page 5of12
Citizen Participation Plan, draft#4 City of Ithaca/IURA
B. Neighborhood Public Input
IURA staff will hold a minimum of two (2) neighborhood public input meetings during
development of the annual proposed Action Plan. These meetings will acquaint residents
with the provisions of the program and obtain citizens'views on community development
needs and proposals to effectively address these needs. The location of these meetings
will be held in locations convenient to residents of predominantly low-and moderate-
income neighborhoods, especially those neighborhoods targeted for revitalization. .
These meetings will present information to citizens on:
1. the total amount of CDBG funds, and other funds, anticipated to become available to
the City on an annual basis;
2. eligible and ineligible activities and mandatory national objectives that each activity
must meet;
3. process to be followed for development of the proposed Action Plan, including
schedule of meetings and hearings;
4. the citizen participation plan;
5. a summary of other important program requirements; and
6. presentation of the activities funded in previous years.
Neighborhood public input meetings will be held at locations convenient to residents of
predominantly low-and moderate-income neighborhoods. Meetings will take place in the
evenings or on weekends.All meetings will be held in buildings that are accessible for
persons with disabilities. Notice of these meeting will be published as display ads in The
Ithaca Journal and The Ithaca Times at least six(6)days prior to any meeting notifying the
public of the date, time, location, purpose of the meeting and will include language
regarding the availability of accommodations for persons needing special assistance to
participate in the meetings.
C. Public Hearings
A minimum of two public hearings will be held to obtain citizens' views and to respond to
proposals and questions, to be conducted at two different stages of the program year.
One hearing will be held during development of the Action Plan. This first public hearing
will be held by the IURA to obtain the views of citizens on the highest priority housing and
non-housing community development needs, and suggested activities to address these
needs. The second public hearing will be held by the Common Council after publication of
the proposed Action Plan to allow citizens to comment and suggest modifications prior to
its adoption.
Page 6 of 12
Citizen Participation Plan, draft#4 City of Ithaca/IURA
All public hearings will be held in buildings that are accessible for persons with disabilities.
Notice of these public hearings will be published as legal notices at least ten (10) days
prior to the public hearing and as a display ad in The Ithaca Journal and The Ithaca Times
at least six(6)days prior to the public hearing. Both notices will provide the public of the
date, time, location, purpose of the hearing and will include language regarding the
availability of accommodations for persons needing special assistance to participate in the
meetings.
In addition, public announcements regarding the schedule of public hearing will be
requested to be announced at a meeting of the following groups prior to the hearing:
• City of Ithaca Common Council
• Appropriate Common Council Committee(s)
• City of Ithaca Planning & Development Board
• Ithaca Urban Renewal Agency
• Housing & Homeless Housing Task Force
E. Development of Proposed Action Plan
The IURA will select recommended activities through a limited application process that
includes a public solicitation of funding proposals to address community development
needs identified in the Consolidated Plan and implement community revitalization and
neighborhood stabilization goals. The IURA will review the initial funding applications and
narrow the number of applications under final consideration based on the projected
amount of available funding for the upcoming program year and selection criteria,
including, but not limited to the following:
• Eligibility;
• Need
• Impact;
• Feasibility;
• Capacity of the sponsor organization to successfully implement the proposed
activity in a timely manner, including past performance of the sponsor
organization
• Leveraging of other funding sources,
• Coordination with other initiatives, plans or other submitted proposed activities,
Selected activities will be requested to submit additional detailed information. New
proposed activities may be considered by the IURA at any time during the process.
Following analysis of the funding applications review of detailed information, the IURA will
prepare a proposed Action Plan including the following:
• A description of the activities to be undertaken
• Budgeted amounts for each activity;
• Number and type of persons and families that will benefit;
• Priority needs addressed;
• Program income anticipated; and
• Target completion dates.
Page 7 of 12
Citizen Participation Plan, draft#4 City of Ithaca/IURA
F. Publication of the Notice of Availability of the Proposed Action Plan
Legal notice of the availability of the proposed Action Plan will be published in the Ithaca
Journal. A summary of the proposed plan will be published in the Ithaca Journal, the local
paper of record, during the 30-day public comment period. The summary will describe the
proposed activities to be undertaken and budgeted amounts allocated to each activity and
will include a list of the locations where copies of the entire proposed Action Plan may be
examined. In addition, the City Clerk will be requested to announce the availability of the
proposed Action Plan for public comment at a Common Council meeting during the 30-day
public comment period.
G. Citizen Review of Proposed Action Plan
A minimum thirty (30)day period,from the date of the legal notice of the availability of the
proposed Action Plan, will be provided to receive comments from citizens on the proposed
Action Plan. All written comments received during this period will be addressed by the
staff of the IURA, in writing, within 15 days. A summary of comments received in writing,
or orally at the public hearings, and the IURA response to such comments will be attached
to the final Action Plan.
Following the second public hearing and close of the 30-day comment public comment
period, the Common Council will vote to adopt a final Action Plan.
H. Joint Development of Action Plan with Consolidated Plan
In program years when the Action Plan is being developed jointly in conjunction with the
Consolidated Plan, the citizen participation process for the Consolidated Plan shall serve
to satisfy the Action Plan citizen participation requirements.
Ill. PROGRAM AMENDMENTS
A. Amendments to the Consolidated Plan
A HUD-approved Consolidated Plan shall be amended whenever a decision is made to:
• To change the purpose, scope, location or beneficiaries of an activity;
• To carry out an activity, using funds from any program covered by the Consolidated
Plan not previously described in the Action Plan; or
• Change its allocation priorities or a change in the method of distribution of funds;
B. Substantial Amendments
The following criteria will be used to determine what changes in planned or actual
activities constitute a substantial amendment to the Consolidated Plan, that are subject to
a citizen participation process. Substantial program amendments will require an
Page 8of12
Citizen Participation Plan,draft#4 City of Ithaca/IURA
amendment to the Consolidated Plan, Common Council approval, and submission to
HUD.
• A substantial change in the use of CDBG funds from one eligible activity to another
eligible activity is defined as any change in the allocation of funds for a specific activity
that constitutes more than $25,000 or more than twenty percent(20%)of the total
funds available or allocated to that actual activity, whichever amount is greater.
• A substantial change to use funds for an activity not previously described in the Action
Plan shall be defined as an activity allocated more than $25,000 of federal funds.
• A substantial change in the location of an activity is defined as any relocation of an
activity outside the Census designated neighborhood it was intended to serve, but not
including the expansion of a target area after all qualified beneficiaries within the
primary target neighborhood have been reasonably offered to be assisted.
• A substantial change to the method of distribution of funds is defined as any change
to the original approved terms of assistance to beneficiaries that results in increased
costs to the intended beneficiaries (e.g. changing a matching grant home owner
rehabilitation program to repayable loan program), or any change to the original
approved recapture terms of federal assistance in the event that beneficiaries do not
comply with requirements of receiving assistance (e.g., waive recapture of portion of
federal assistance in event landlord does not comply with the requirement to rent
apartments to low-income persons at affordable rents for five years)
• A substantial change to the purpose, scope or beneficiaries of an activity shall be
determined by the IURA based on an analysis of the individual characteristics of
proposed change to determine whether the change significantly changes the
objective, or category of beneficiaries, of the activity.
Amendments that fall below the threshold for a substantial amendment may be approved
by the IURA with notice provided to the Common Council.
C. Citizen Review of Proposed Substantial Program Amendments
To assure citizen participation on proposed substantial program amendments, the IURA
shall develop and make available to the public at no charge a summary of the proposed
substantial program amendment in such manner as to afford affected and interested
citizens an opportunity to submit informed comment on the proposal prior to the
mandatory public hearing.
A minimum of one (1) public hearing will be held by the Common Council or a Common
Council Committee with jurisdiction over the issue to obtain citizens' views on the
proposed substantial program amendment.
The public hearing will be held in a building that is accessible for persons with disabilities.
Notice of these public hearings will be published as legal notices at least seven (7) days
prior to the public hearing. The legal notice shall provide the public of the date, time,
location, purpose of the hearing and will include language regarding the availability of
accommodations for persons needing special assistance to participate in the meetings.
Page 9of12
Citizen Participation Plan, draft#4 City of Ithaca/IURA
Following the public hearing, the Common Council may vote to approve the substantial
program amendment.
IV. CITIZEN COMMENT ON THE CITIZEN PARTICIPATION PLAN AND AMENDMENTS
Citizens will be provided a reasonable opportunity to comment on the original Citizen
Participation Plan and on substantial amendments to the plan. The Citizen Participation
Plan will be made available to the public and will be made available in a format accessible
to persons with disabilities, upon request.
A minimum of one (1) public hearing will be held by the Common Council or a Common
Council Committee with jurisdiction over community development issues to obtain citizens'
views on the proposed Citizen Participation Plan or any substantial amendments.
The public hearing will be held in a building that is accessible for persons with disabilities.
Notice of these public hearings will be published as legal notices at least seven (7)days
prior to the public hearing. The legal notice shall provide the public of the date, time,
location, purpose of the hearing and will include language regarding the availability of
accommodations for persons needing special assistance to participate in the meetings.
Following the public hearing and citizen comment period, the Common Council may vote
to approve the substantial program amendment. HUD shall be notified of all substantial
program amendments.
V. PERFORMANCE REPORT
IURA staff will report periodically at public meetings of the IURA on the implementation of
the Consolidated Plan and prepare an annual performance report reviewing the
performance of the city in meeting objectives of the Consolidated Plan, HUD goals and
applicable regulations. Citizens will be provided with reasonable notice and an opportunity
to comment on an annual performance report prepared by the IURA. Notice of the
availability of the annual performance report for citizen review will be published in the
Ithaca Journal including information on where to review the document.
A minimum fifteen (15) day period, from the date of the legal notice of the availability of the
performance report, will be provided to receive comments from citizens on the
performance report. The IURA shall consider any comments or views of citizens received
in writing, or orally at any public hearing in preparing the performance report. A summary
of these comments or views shall be attached to the performance report.
VI. DISPLACEMENT
The City of Ithaca seeks to minimize the displacement of persons as a result of activities
assisted with programs covered by the Consolidated Plan, including the CDBG
Entitlement program.
Page 10 of 12
Citizen Participation Plan, draft#4 City of Ithaca/IURA
For activities assisted with programs covered by the Consolidated Plan that displaces a
person or persons, the City of Ithaca will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended.
VII. MISCELLANEOUS
A. Availability to the Public
The Consolidated Plan as adopted, substantial amendments, and the performance report
will be available to the public, including the availability of materials in a form accessible to
person with disabilities.
All records, reports, applications and regulations related to the Consolidated Plan will be
available to the public for use and review at the office of the IURA, 108 East Green Street,
Ithaca, NY 14850, during normal working hours (8:30 a.m. -4:30 p.m.). The City and
IURA reserves the right to require the public to abide by the process of the public's right
of information under the Freedom of Information Act.
B. Access to Records
The IURA and City of Ithaca will provide citizens, public agencies, and other interested
parties with reasonable and timely access to information and records relating to the City's
Consolidated Plan and the use of assistance under the programs covered by the
Consolidated Plan during the preceding five years.
C. Complaints
Complaints regarding the Comprehensive Plan, the Action Plan, amendments or the
performance report will be accepted by the IURA office at any time. A citizen who submits
a written complaint to the IURA Office will receive a written substantive response as soon
as possible and no later than 15 working days upon receipt of the complaint. The
response will be handled by the lead IURA staff person assigned to the project and will
include an explanation of the Citizen Complaint process and further appeals available to
the complainant.
Copies of all complaints will be provided to the IURA Executive Director and the Mayor
and be filed in a Citizen Complaint file.
If the issue is not satisfactorily resolved, the complainant may appeal to first the Executive
Director, then to the appropriate IURA subcommittee, and finally to the full Agency.
Written complaints and disposition of these complaints are included in annual performance
reports submitted to the funding agency.
Page 11 of 12
Citizen Participation Plan, draft#4 City of Ithaca/IURA
The CD staff will notify the IURA about the complaints and the resolution of the complaints
at the first available opportunity.
D. Technical Assistance
The IURA staff will provide reasonable technical assistance to groups representing
persons of low-and moderate-income that request such assistance in developing
proposals for funding assistance under any programs covered by the Consolidated Plan.
The assistance need not include the provision of funds to the groups.
END
q:\planning\community developmentlpolicylpolicylcitizen participationldraft 4 cpp for comment.doc
Page 12 of 12
Proposed Resolution D1
Planning, Neighborhood & Economic Development Committee
City of Ithaca Common Council
January 21,2004
CDBG Entitlement Program-Adoption of Comprehensive Revisions to the Citizen
Participation Plan
Whereas, at their December 3, 2003 meeting the Common Council designated the Ithaca Urban
Renewal Agency(IURA) as the Lead Agency to develop and administer the Consolidated Plan to
enable the City to be eligible to receive Community Development Block Grant(CDBG) Entitlement
program funding on an annual basis, and
Whereas, development of the 5-year Consolidated Plan and one-year Action Plan must conform
with a locally adopted citizen participation plan in compliance with regulations contained at 24 CFR
91.105 to encourage citizens to participate in the development of the Consolidated Plan,
particularly low-and moderate-income citizens, and
Whereas, the current Citizen Participation Plan was developed to meet the requirements of the
competitive Small Cities CDBG program, but does not satisfy all requirements of the CDBG
Entitlement program, and
Whereas, a proposed comprehensive revision to the Citizen Participation Plan has been developed
specifically for the CDBG Entitlement program that has been posted on the City website with notice
of its availability for comment published in the Ithaca Journal, and
Whereas, the 30-day comment period ends on January 15, 2004, and
Whereas, at their January 15, 2004 meeting the IURA considered comments received and
recommended adoption of the attached comprehensive revisions to the Citizen Participation Plan,
now, therefore be it
Resolved, that the Common Council hereby adopts the attached comprehensive revisions to the
Citizen Participation Plan.
q:Iplanningl staff lnelsliuralresolutions120041reso pn&ed adopt cp plan 1-21-04.doc
1
CITY OF ITHACA D2
: 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
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DEPARTMENT OF PLANNING AND DEVELOPMENT
�R »•» 0` H. MAFTHYS VAN CORE DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH. DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 61r-2,4-6550 Community Development ICRA - 607-2-+6559
Email: planning(u ciryofithaca.org Email: iur(,cimilithaca.ors
Fax: 607-2,i-6558 Fax: 60,-2-+6558
To: Planning, Neighborhoods, and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: January 14, 2004
Subject: Proposal to Amend the City of Ithaca Waterfront Zoning District
The Inlet Island Urban Design Plan, adopted by Common Council on November 4, 1998, recommended
rezoning a portion of the City's M-1 (Marine Commercial District) and a portion of the B-4 (Business
District) Zone to a Waterfront District, in order to identify permitted land uses and bulk building
requirements consistent with the goals and objectives of the Inlet Island Urban Design Plan. On
October 7, 1999, the Common Council adopted the Waterfront Zoning District.
The Waterfront Zoning District, includes all of Inlet Island and is 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-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 conversations with developers and sketch
examples of possible development scenarios, staff concluded that this 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-ld 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.
Over the past year the proposed ordinance has been circulated and reviewed by various City staff and
boards as well as by the County Planning Department. This ordinance has been revised several times in
response to comments. State feels that the enclosed draft ordinance reflects the intentions of the Inlet
Island Urban Design Plan, while maximizing the development potential for the area.
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. t!.e City of Ithaca
Conservation Advisory Council. and the Planning and Development Board.
No significant environmental impacts are anticipated as a result of this action. then:lore 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 yaestions on any
of the enclosed materials. feel free to contact me at 274-6410.
An Equal Opportunity Employer with a commitment to workforce diversilicani,n
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11/12/2003
D2
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.
IRevisions to the City of Ithaca Waterfront Zoning
Name and Location of Project:
District
Name of Applicant: City of Ithaca
Street: 108 East Green Street
City/Town/Village: Ithaca State: N.Y. ZIP:14850
"Business Phone: 607-274-6550
1}Name of Owner (If Different):
'Street.
'City/Town/Village: 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
1
irregular
2. Present Land Use: Urban Industrial X Commercial X Public Forest
Agricultural Other:
13. 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 Brushland
b. Wooded
c. Agricultural
d. Wetland (as per Articles 24 of ECL)
- - -
e. Water Surface Area
Public/Lawn —4 —4
Page 1 of 17
11/12/2003
g. Water Surface Area 1
h. Unvegetated (rock, earth or fill) I 16 TBD
Ii.Roads,buildings and other paved surfaces –6 I TBD ^�
j. 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 NO
project site?
5b. What is depth of bedrock? (feet) 400+/-
5c. What is depth to the water table? (feet) 1-15+1-
6. Approximate percentage of proposed 100% 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?
11. Is the project site presently used by the iYES
,community or neighborhood as an open
space or recreation area?
[12. Does the present site offer or include YES
Iscenic 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
Page 2 of 17
11/12/2003
14. Streams within or contiguous to project area: Six Mile Creek, Cayuga Inlet, Flood
Control Channel
15. 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 1, M-1, WF-la, WF-lb, WF-lc, WF-ld,
radius of the project? (e.g. single family WEDZ-la, WEDZ-lb, 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 1st 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 will be
Page 3 of 17
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
Ill. 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
to 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?
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?
yes X No; if yes, explain
18. 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
20. Will project result in an increase of energy use? N/A; if yes, indicate type(s) N/A
21. Total anticipated water usage per day gals/day. Source of water.N/A
22. Zoning:
22. a.What is dominant zoning classification of site? . WF
22. b. Current specific zoning classification of site? . WF-la, WF-lb, WF-lc,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 Approval Date
No) Required (type) Date
Council Yes Adoption
BZA No
P&D Board No
Landmarks No
BPW No
Fire Department No
Police No
Department
IURA No
Building
Commissioner No
Page 5 of 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
E 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
X yes no Impact Impact Change?
!Any construction on slopes of 15% or greater, (15 foot I I
'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.
Construction of parking facility/area for 50 or more X X
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 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.
EConstruction of any new sanitary landfill.
E Clearcutting or removal of vegetation other than
agricultural crops from more than one-half acre.
Construction in a designated floodway. E
Permanent removal of topsoil from more than one-half j ',
acre. i i
Other impacts:
2. Will there be an effect on any unique landforms j i ' Can Impact
found on the site? (i.e. cliffs, gorges, geological Small to ;Potential be Reduced
formations, etc.) Moderate Large I by Project
yes X no Impact ' Impact Change?
__ _ g
Specific land forms:
3. Will there be an effect on any site designated as a
unique natural area or a critical environmental area by I
a local or state agency? 1
Page 6 of 17
11/12/2003
yes X no
IMPACT ON WATER—Extent of impacts to be determined—See Part III
14. Will project affect any water body designated Can Impact
Small to Potential
as protected? (Under article 15 or 24 of the i be Reduced
!Environmental Conservation Law,E.C.L.) Moderate Large by Project 1 E
lyes X no Impact Impact Change.
Dredging more than 100 cubic yards of material
from channel of a protected stream.
Construction in a designated freshwater wetland. �— I
Other impacts:
5. Will°project"affect'any non-protected existing or Small to Potential Can Impact be
Reduced by
new body ofwater?: Moderate Large
X yes no Impact Impact Project
Change?
A 10% increase or decrease in the surface area of any
body of water or more than a 10,000 sq. ft. of surface
area.
Construction,alteration, or conversion of a body of
water that exceeds 10,000 sq. ft. of surface area.
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver X i I
Creek, Cayuga Lake or the Cayuga Inlet? I
Other impacts:
'6. Will project affect surface or groundwater Small to Potentia Can Impact be
quality? i Moderate 1 Large Reduced by
TBD 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
;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
Page 7 of 17
1
• 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.
Other impacts: I--
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 Impact Project Change?
Project would impede floodwater imped _,.
a flows.
Project is likely to cause substantial erosion.,
Project is incompatible with existing drainage
patterns.
!Other impacts:
IMPACT ON AIR
i p I
Small to Potential Can Im act
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.
1Project 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:
Page 8 of 17
• 11/12/2003
IMPACTS ON PLANTS AND ANIMALS
9. Will project affect any threatened or Small to
Potential Can Impact
endangered species? Moderate Large be Reduced
by Project
yes X no Impact Impact Change?
Reduction of any species listed on the New
York or Federal list, using the site, found over,
on,or near site.
Removal of any portion of a critical or
significant wildlife habitat.
Application of pesticide or herbicide more than
twice a year other than for agricultural
purposes. I
1
[Other impacts: 1[
IMPACTS ON PLANTS AND ANIMALS
F--------:—10. Will project substantially affect non- Small to Potential Can Impact
threatened or non-endangered species? Moderate Large be Reduced
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.
I Other impacts:
l
3
IMPACT ON VISUAL RESOURCE –See Part III
�11. Will the project affect views,vistas or the ' Can Impact
Small to Potential
"visual character of the neighborhood or i be Reduced
community? Moderate Large by Project
X yes no Impact Impact Change?
An incompatible visual effect caused by the
introduction of new materials, colors, and/or
forms in contrast to the surrounding landscane
Page 9 of 17
• 11/12/2003
A project easily visible, not easily screened,
r______________
that is obviously different from others around X
it.
f I
Project will result in the elimination or major
screening of scenic views known to be
important to the area. E
Other impacts:
,
IMPACT ON HISTORIC RESOURCES —See Part III
12.Will project impact any site or structure of Can
historic;prehistoric or paleontological Small to Potential Impact be
--
importance? Moderate Large Reduced Pro
X yes no
Im Impject
Change?''
Project occurring wholly or partially within or
contiguous to any facility or site listed on or X
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 X
landmark or in a landmark district.
Other impacts: I i I
IMPACT ON OPEN SPACE AND RECREATION—See Part III
113. Will the project affect the quantity or quality Can I
lof existing or future open spaces or recreational , Small to Potential Impact be ,
Moderate Large Reduced
i opportunities? i g
;X yes '' no Impact Impact by Project
Change?
The permanent foreclosure of a future i
recreational opportunity.
A major reduction of an open space important
to the community. i
Other impacts: Increase in public recreational
space.
Page 10 of 17
1
11/12/2003
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 j Impact Change?
Alteration of present patterns of I ?
movement of people and/or goods.
Project will result in traffic problems.
� � l
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 —See Part III
16. Will there be objectionable odors,
noise, glare,vibration or electrical Small to Can Impact be
Potential Large
disturbance during construction of or Moderate Imp ct Reduced by Project
after completion of this project? Impact I p Change?
X yes no
a
I
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
Page 11 of 17
• 11/12/2003
xceeding the local ambient noise
levels for noise outside of structure.
I I
Project will remove natural barriers
1
that would act as a noise screen. I
Other impacts: During any construction there will be impacts on noise and air.
1 IMPACT ON HEALTH AND HAZARDS
17.Will project affect public health Small to Can Impact be
Potential
and safety? Moderate Reduced by Project
Large Impact
yes X no Impact Change?
Project will cause a risk of explosion I
or release of hazardous substances (i.e. I'
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 I
I gallons of any liquid fuel. I
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 i !
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 j Small to . 1
Potential Large Can Impact be Reduced
of the existing community? Moderate Large p
X yes no Impact Impact 1 by Project Change?
The population of the City in which
the project is located is likely to grow I
by more than 5% of resident human
population.
Page 12 of 17
• 11/12/2003
I The municipal budgets for,capital
expenditures or operating services
will increase by more than 5%per
year as a result of this project.
1 The project will replace or eliminate
4 existing facilities, structures, or areas
I of historic importance to the
community.
I
Development.will induce an influx of
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 I
rejected the project or have not
been contacted.
1
Objections to the project from
within the community.
If any action in part 2 is identified as a potential large impact, or if you cannot
determine the magnitude of impact, proceed to part 3.
Determination
Upon review of the information recorded on this EAF (Parts 1, 2, and 3) and considering
both the magnitude and importance of each impact, it is reasonable determined that:
A. The project will result in no major impacts and, Y PREPARE A NEGATIVE
therefore, is one which may not cause significant DECLARATIOr
;damage to the environment.
B. Although the project could have a significant effect
on the environment, there will not be a significant
;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 I PREPARE A POSITIVE
that cannot be reduced and may cause significant ! DECLARATION, PROCEED
damage to the environment. WITH EIS
Date: August 14, 2003 ;Signature of Responsible Official in
tr- C 1 ) � Lead Agency
i
t- e/n 72 .1 /(,{,Oyu, Print or Type name of Responsible
g ature of Pfd parer(if dent from responsible 'Official in lead Agency:
Zm P P
officer)
Title/Position: Economic Development Planner ;Lead Agency's Name: City of Ithaca
I_
Page 14 of 17
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-1c zone (2 story minimum, 3
story maximum building height), leaving only a small piece of land for the WF-l d 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
construction 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 water's 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
1
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
D2
1/21/2004
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 the City Environmental Quality Review Ordinance which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency
for the environmental review of the proposed revisions to the Waterfront Zoning District.
q:l planning 1projects\zoning\waterfront zonelwaterfrontresolution-leadagency.doc
01/15/04
D2
1/21/04
Draft Resolution: N
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 Form (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 Ordinance (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.
Q1PLANNING IPROJECTS2ONING1Waterfront ZonelWaterfrontResolution-Negdec.doc
1,15,200 II'I I
D2
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 Amendir_°
The Waterfront Zoning District of the City of Ithaca Zonis::::
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 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 zoninc
district to be known as the Waterfront Zoning District (WE -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 =he
waterfront .
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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 waterfront
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 . Chapter 325, Section 325-3 (B) of the Municipal
Code of the City of Ithaca, entitled " Definitions and
word usage," is hereby amended to add the following
definition:
OCCUPIABLE SPACE—A space that is in compliance with
building, housing and zoning codes, that is eligible
to receive a certificate of occupancy for commercial,
residential, institutional, educational, or other
similar uses, not to include storage or warehousing
uses .
Section 2-3 . Chapter 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 3-4 . 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, nlayoround,
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 proucts
involving substantial hand fabrication such as sails, 'boat
hulls, cabin fittings .
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Permitted Accessory Uses
1 . Any accessory use permitted in the B2 zone .
1 . 2 . - - -- o . 0-
2 . 3 . Boat fuel dispensing.
3 . 4 . Snowmobile sales, service, rental in conjunction with boat
sales, rental or service .
-4--:-5 . Signs as permitted by Sign Ordinance .
Off-Street Parking Requirements - None
Off-Street Loading Requirements - None
Area in Square Feet - 3, 000
Width in Feet at Street Line - 30
Width in Fcct at Wa-tc-ffro-nt 30
Maximum Building Heights :
Waterfront - WFla, no building allowed.
Waterfront -WF1b, one story, 12 - 15 feet with an
additional 5 feet for cornice
allowed.
Waterfront - WF1c, mMaximum 3 stories .
12 - 15 feet for first
story measured from grade, 12 feet for
each additional story, with an
additional 5 feet for cornice allowed.
Waterfront - WEld, minimum three otorics, mMaximum 5
stories, 12 - 15 feet for
first story measured from grade, 12
feet for each additional story, with an
additional 5 feet for cornice allowed .
(Refer to Code of the City of Ithaca, Chapter 325, Zoning,
Section 325-3 . 3. , Definitions and Word Usage, HEIGH= OF
BUILDING)
Maximum percent lot coverage by buildings except as required
forhy rear yard.
1 . On parcels of fifty (50) feet or less in width at street r:e,
100% lot coverage allowed except as may be require:: for
provision of pedestrian ways and protection of view C ,_ _ i .
2 . On parcels with three or more -boundaries greater =.-an ftfoy
( 50 ) feet, 90% lc_ coverage allowed except as may Oe _eru-_o
for provision of pedestrian ways and protection of view
corridors .
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Yard Dimensions
Front Yard - None
Side Yards - None
Rear Yard - 10 Feet Minimum
Minimum Height, See also additional restrictions for waterfront
properties
WFla - 0 feet
WF1b - 12 feet
WF1c - 24 feet
WFld - 36 feet
Two Story Minimum:
Any building constructed within the WF1cr i-ei-m-t m 2 s-t-e-r-y--ate-ig-n-e
zone shall have a height of at least 24 feet a-nd or have two
habitabicoccupiable stories covering 75% or more of the
footprint of the building.
Three Story Minimum:
Any building constructed within WFldthe minimum 3 story height
zone shall have a height of at least 36 feet and have three
h-abi-tablcoccupiable stories covering 75% or more of the
footprint of the building. As an alternative within this zone,
a building may satisfy the minimum height requirement if 75% of
the building over its footprint is at least 36 feet in height
and has two or more habitablooccupiable stories .
Additional Restrictions for Waterfront Properties :
Cayuga Inlet
Properties in the WF1C zone that are located adjacent to the
Cayuga Inlet must have a height of at least 24 feet and must
have a minimum of two occupiable stories covering 7 _ , or more of
the footprint of the building . In addition, no new structure
shall be located nearer than twelve ( 12 ) feet to the top of the
bulkhead or the top of the bank of the Cayuga Inlet . A building
may be located nearer than twelve ( 12) feet if a , on_oss
provision is made for a minimum 12 foot wide -public access
covered walkway with a minimum width of 12-feet and a minimum
floor to ceiling height of 10-feet , along the waterfront .
Flood Control Channel
For properties in the WFld zone that are located ad- asen t: the
Flood econt_ - eChannel , no new structure shall . =_.
nearer than forty (40) feet from the outs-�.e edge of the
bulkhead or from the top of the bank of the Flood Control
Channel . The first 2C feet in depth of any new structure _. _: -
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the Flood Control Channel shall be a minimum of 2 stories or a
minimum building height of 24 feet and a maximum of 3 stories or
a maximum building height of 39 feet covering 75s or more of toe
footprint of the building.
(Refer to Code of the City of Ithaca, Chapter 325, Zoning,
Section 325-3 . B. , Definitions and Word Usage, HA-B-I-'FA-B-bE-S-PAC-E
NONHABITABLE SPACE, STORY, PUBLIC SPACEOCCUPIABLE SPACE)
Section 45 . 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 building shall be erected in any of the areas
designated WFla on the map entitled
" Inlet Island Urban Design Plan" dated July 1999 a
copy of which map is on file in the Ithaca City
Clerk' s Office .
(2 ) No building shall be erected that is greater than one
story tall is 1e-ss t1�a -oriel-e -g ea er-t ian
thrcc stories-in any of the areas- designated WF1b on
the map entitled " Inlet 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 two
stories or greater than three stories for at least 75%
of the building area, in any of the areas designated
WFIc on the map entitled " Inlet Island Urban Design
Plan" dated July, 1998 , a copy of which is on file in
the Ithaca City Clerk' s Office .
(4 ) No building shall be erected that is less than three
stories or greater than five stories for at least 5'
of the building area 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 .
(5) The restrictions contained in this section sha L: =7_
apply to buildings less than 15 feet (max__:.am) i--
height, which are intended, designed and ...a_ntained m..
amenities for adjacent trails such as gazebo s an_:. _—v-
rooms .
( 6) The restrictions contained in this sect__-_ moal_ nct
apply to existing buildings within the designated
areas . Such existing buildings may be maintained and
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repaired provided their height and footprint are not
altered so as to make the buildings non-compliant wi:n
the restrictions of this subdivision.
Section 6 . Chapter 325, Section 325-18 (C) of the Municipal Ccoe
of the City of Ithaca entitled "Yard Regulations" is hereby
amended to read as follows :
C. Reduction in rear yards . When a lot is less than 100 feet deep
at the time of passage of this chapter, such rear yard
requirement may be decreased 1/4 of the distance that the
depth is less than said 100 feet; provided, however, that n
rear yard in any district other than B-lb, B-2b, B-3, WF-la, WF-
lb, WF-lc, WF1d or P-1 shall be less than 20 feet in depth_ !Sea
illustration below. ) [Amended 4-1-1981 by Ord. No . 81-2 ]
Section 7-6. 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 7-8 . Chapter 325, Section 26 of the Municipal Code of the
City of Ithaca entitled "New structures along the streams or
Inlets" is hereby amended to read as follows : No new structure
shall be located nearer than 20 feet to an inlet wall or to the
bank of an inlet channel or stream, measured at an average water
level, except for those structures directly connected with
marine or public or commercial recreation activities, except for
any property l ocated within the waterfront zoning district .
Section 8�9 . The City Planning and Development Board, the City
Clerk and the Planning Department shall amend the zoning map and
the district regulations chart in accordance with the amendments
made herewith .
Section 4310 . Effective date . This ordinance shall take a_f. _-
immediately and in accordance with law upon publicati= of
notices as provided in the Ithaca City Charter .
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Information on the
Taughannock Boulevard Extension
01/07/04 WED 12:49 MI 434Juoo
Scope of Services
(January 7,2004)
A. Project Location and Description
Location: Study area includes the southwest area of the City of Ithaca bordered to the
east by Cayuga Street; to the north by W. Buffalo Street; to the west by Rte.
13A and Rte 89; and to the South by Spencer Road.
Description: This is a planning project to provide necessary scoping for the development
of Transportation improvements associated with the extension of
Taughannock Boulevard (originally proposed in the City of Ithaca Six Point
Traffic Plan) or other feasible alternatives yet to be determined that may be
able to satisfy the project objectives to a greater extent. The final product
will be a scoping document, which will satisfy NYSDOT and Ithaca
Tompkins County Transportation Council (ITCTC) programming
requirements for possible inclusion on the TIP as a federally funded project.
B. Project Classification
The project is assumed to be a Class(I)Action under USDOT Regulations, 23CFR771.
Classification under the New York State Environmental Quality Review Act(SEQR) Part
15, Title 17 of the Official Compilation of Codes, Rules, and Regulations of New York
State (17NYCRR Part 15)is assumed to be Type I.
C. Policy and Procedures
1) The project will conform to applicable City of Ithaca policy and procedures.
2) In general the project scoping will follow NYSDOT guidelines contained in the
NYSDOT "Scoping Procedure Manual."
3) The Consultant shall prepare for and attend all meetings as directed by the City's
Consultant Manager. The Consultant will be responsible for the preparation of all
meeting minutes and the minutes shall be submitted to the City within one (1)
week of the meeting date.
4) The City shall prepare and publish all required legal notices.
5) When specifically authorized in writing to begin work, the Consultant shall render
all services and finish all materials and equipment necessary to provide the City
with reports, plans, estimates, and other data specifically described herein under
the individual work categories listed below under
"D. Categorization of Work."
6) Before transmitting each product to the City, the Consultant shall review it to
ensure its conformity to all applicable requirements.
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7) The Consultant shall coordinate the scheduling and technical compatibility of
prime consultant and subconsultant work.
D. Categorization of the Work:
1000 Project Development
8000 Project Management and Miscellaneous Tasks
E. Scope of Work:
1000 PROJECT DEVELOPMENT
1100 Project Data Development
1110 Survey and Mapping:
1111 Mapping for graphic display of alternative concepts will be developed using digital
aerial photography, rectified for scalable applications in this study. Aerial maps
will be supplied by the City.
1112 Using ArcView (V8.3) GIS software, the Consultant will generate a digital
mapping database integrating project specific data obtained for the Study area.
City GIS database will be utilized as a starting point. Additional coverage shall be
developed for "natural environment" and "built and social environment" features.
Features anticipated on this project are:
1) Natural Environment: Flood plain, hazardous waste, watershed
management, wetlands and wild life habitat.
2) Built and Social Environment: Bicycle and pedestrian, aesthetics,
community impacts, environmental documentation, transportation
enhancements,project development,Title VI and Environmental Justice
1113 Assume three (3) days for field reconnaissance to support the mapping database
development.
1114 Assume three (3) instrument survey crew days for purposes of this study.
1120 Within the Study area the Consultant shall determine:
• Existing speed limits
• Existing operating speeds (85th percentile speeds in most cases)
• Whether the speed limit is posted
It is assumed that the speed studies necessary to determine operating speeds will be
conducted concurrently with other required data collection. Speed studies will be
conducted at six(6)representative locations.
1130 The Consultant shall obtain or determine existing land use for:
• The Study area as it now exists
• Future land development and terrain, including development years.
1140 Within the Study area, the Consultant shall confirm existing vehicular access
control (i. e., full control,partial control, or uncontrolled)regarding:
• Proper treatment for commercial driveways
- Conformity with NYSDOT "Policy and Standards for Entrances to State
Highways"
1150 Existing Highway Features:
1151 The Consultant shall determine the existing highway features within the Study
area, including:
• Number, width, type, and locations of travel lanes
• Shoulder widths and types
• Number, width, type, and locations of utility strips for each direction
• Ownership and jurisdiction of streets within Study area
• Location of curbed sections
• Width and type of medians, if any
• Location and percent of grades
• Horizontal curve radii
• Intersection geometry and conditions
• Parking regulations and conditions within the project limits
• Right-of-way width
• Condition and adequacy of guiderail, median barriers, and impact attenuators
• Location and operation of traffic control features
• Provisions for pedestrians and bicyclists
• Inventory of current and proposed traffic calming devices
1160 The Consultant shall provide a general assessment of drainage conditions within
the Study area.
1170 The Consultant shall identify all utilities, and the respective owners, that are within
the project's existing right of way.
1180 Traffic Data Development
1181 The Consultant shall assemble traffic count data, including pedestrian and bicycles
for existing conditions. It is assumed that some existing data is still current and
can be utilized. Assume new counts will be needed at six (6) locations for two(2)
peak hour periods.
1182 The Consultant will perform an origin/destination study to determine local and
transient travel patterns within the Study area. The focus will be on determining
the degree of cut-through traffic. The origin/destination study will build upon a
recent study completed for the City by others. It is assumed that license plate
surveys will be conducted at six (6) locations for two (2) peak hour periods. In
addition,customer interviews will be conducted at two(2) locations.
1183 The Consultant shall develop traffic forecast data for purposes of traffic analysis.
The Consultant shall utilize the TRANSCAD Traffic network model supplied by
the Ithaca Tompkins County Transportation Council. The Consultant will
coordinate with the MPO in developing appropriate traffic forecast data for the
"No Build" and "Build" alternatives under consideration. It is assumed that the
Consultant will operate the model. Regarding undeveloped lands in the Study
area, assume that the traffic analysis will only examine one (1) future land use
scenario when developing forecast traffic volumes.
Forecast Data:
• AADT
• DHV (2-way)
• DDHV
• Vehicle Classifications
• Vehicle Operating Speeds
• Turning Volumes
• Pedestrians and Bicycles
Forecast Year:
• Present
Estimated Time of Completion(ETC) -assumed to be 2009
• ETC+20 years-assumed to be 2029
1184 The Consultant shall forecast and provide design year volumes according to
generally accepted policy, and shall explain the basis for the design year selection.
1185 The Consultant shall provide flow diagrams for appropriate peak periods (e.g.,
Friday p.m. and Saturday midday.) showing existing and design year volumes on
the network, on each approach of all intersections, and at major traffic generators.
The flow diagrams will summarize traffic volumes at up to fifteen (15)
intersections.
1186 The Consultant will determine existing pedestrian crossing times at select major
intersections. Assume ten (10)locations.
1200 PROJECT SCOPING ANALYSES
1210 Traffic Analysis
1211 A Macro Analysis will focus on four (4) major transportation corridors within the
Study area and form the basis for comparing the relative benefits of the null
alternative and feasible alternatives. (South Meadow Street,Elmira Road, Clinton
Street, Fulton Street)
The Consultant shall perform capacity analyses using network traffic simulation
software to determine intersection and corridor levels of service within the Study
area for the null alternative and feasible alternative(s) approved by the City. The
analysis will determine:
• Existing traffic conditions
ETC level of service
• Design year level of service
• Estimates of the duration of the poor level of service where it occurs during
commuter travel periods.
The peak hours are assumed to be weekday (Friday) afternoon and weekend
(Saturday)noon.
1212 A Micro Analysis will focus on "Titus Flats Triangle" neighborhood, southern
portions of the "South Side" neighborhood and West Spencer Street neighborhood
in an effort to examine the affects of traffic recommendations on those districts.
1213 The Traffic analysis will include the development of a traffic simulation (SIM
Traffic) for use at public meetings or elsewhere.
1214 Using the results of the traffic analysis, the Consultant will provide a detailed
assessment of the traffic implications associated with the alternatives.
1215 The Consultant will investigate opportunities for improving and controlling truck,
bus and bicycle access.
1216 The Consultant will investigate opportunities to improve existing pedestrian and,
where appropriate, bicycle crossings and access.
1220 Safety Analysis:
The safety analysis will determine accident rates at various locations and compare
them to statewide averages for similar facilities. At high accident locations (where
congestion is believed to be a significant contributing factor), the consultant will
assess the relative safety benefits associated with congestion mitigation strategies
being proposed.
1221 The Consultant shall obtain the most recent accident data from the City. Assume
the analysis will examine a total of ten (10) locations. (Specific locations to be
determined during the study.)
• NYSDOT Regional Priority Investigation Locations (PIL's)
• Accident records for the last three years
• Statewide accident rates relevant to the project area. The Consultant shall
prepare collision diagrams and associated summary sheets, and note any
clusters of accidents or patterns implying inadequate geometrics, or other safety
problems, within the project limits.
1222 The Consultant shall compare accident rates at select locations within the Study
area to statewide rates by facility type.
1223 Using the results of the accident analysis, the Consultant will provide an
assessment of the safety benefits associated with the alternatives.
1230 Drainage Analysis:
1231 Review previous drainage analysis completed in GEIS as well as other recent
analysis completed for private development in the Southwest area.
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1232 Investigate concepts for regional application of stormwater quality strategies under
GP-02-01 and GP 02-02.
1233 Investigate concepts for project related compliance with GP-02-01, General Permit
for Stormwater discharges from Construction Activity.
1234 The Consultant will develop strategies for complying with GP-02-2.
1235 Assess Army Corps of Engineers involvement in subsequent project development
phases.
1240 Land Use Analysis
The Consultant shall investigate future land use plans for the Study area and
provide recommendations relating to:
• Opportunity for the preservation of sensitive environmental areas; significant
view sheds and open space
• Recreational opportunities
• Urban design guidelines applicable to the development (if different from the
adopted guidelines for the area)
• Permitted land uses and land use control
1250 Bicycle&Pedestrian Analysis
•
The Consultant will review all prior studies and plans, and will provide
recommendations relating to:
• Opportunity to promote bicycle and pedestrian activity as part of future projects
being scoped in this Study
• Coordination of projects
• Opportunity for improved pedestrian access and mobility
• City's overall Bicycle Plan
• Black Diamond Trail
1260 Railroad Analysis
The Consultant will investigate and document railroad issues relating to:
• Norfolk Southern standards, protocol and process requirements for real estate
acquisition, modification of existing crossings, development of new at grade
crossings, right of entry, sale of surplus property
• NYSDOT protocol, standards and process requirements as the regulatory
agency for railroads in New York State.
• Evaluate impacts on railroad ROW, trackage and safety equipment.
• Recommended remedies and/or strategies.
• Provide an outline of steps defining the railroad approval process and associated
responsibilities of the City,RR,NYSDOT and Consultant.
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1270 Environmental Screening:
1271 The Consultant will conduct a generalized assessment of relevant environmental
issues associated with the alternatives. The assessment will be of sufficient detail
to quantitatively rank environmental affects as part of a benefit/cost analysis.
1272 Using the NYSDOT Environmental Procedure Manual, conduct environmental
study screenings to begin to identify resources, assess potential impacts and scope
out further studies that are needed. The following resource areas could apply:
noise, air quality, endangered species, surface waters, wetlands, stormwater
management and erosion control, navigable waters, aquifers, cultural resources,
Section 4(f), Section 6(f), hazardous materials, asbestos, and energy.
1273 The Consultant will complete the NEPA Checklist.
1274 The Consultant will recommend specific "scopes of work" for subsequent phases
in the project development process.
1280 Rights-of-Way:
1281 The Consultant shall investigate right-of-way issues as they relate to:
• The specific needs of each alternative proposed
• Current zoning of lands under consideration
• Residential and/or business relocations
• Acquisition process requirements
• Real estate acquisition cost
• Type of acquisitions
• Current land ownership
1282 If authorized by the City, the Consultant shall retain the services of Midland
Appraisal Associates,Inc. to assist in the development of real estate costs.
1290 Geotechnical Analysis:
1291 The Consultant will assemble all available geotechnical data.
1292 Upon review of this material,the Consultant will recommend additional subsurface
investigations. Potential locations include the old City dump area and/or wetland
locations.
1293 If authorized by the City, the Consultant shall retain the services of Gary Wood,
P.E. to contract for and oversee a soils boring program and provide geotechnical
recommendations.
1400 DEVELOPMENT OF PROJECT SCOPING ALTERNATIVES
The Consultant shall confirm with the City the applicable design criteria for development
of each alternative based on facility type, functional class, and (where applicable) federal
system.
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1410 The Consultant shall develop and analyze two (2) build alternatives plus the null
alternative. The build alternatives are identified as follows:
1) New Road: Taughannock Boulevard Extension:
• Three sub-alternatives regarding the northern terminus
(One or more of the Alternatives may include a bridge.)
• Two sub-alternatives regarding the southern terminus
2) Upgrade Existing Infrastructure: access management strategies applied at
specific locations; street conversion from one-way to two-way (or vice versa);
intersection improvements and combinations thereof.
The analysis of alternatives shall include those specific areas of study identified in
Section 1200 and identified below:
• Non-construction improvements and varying degrees of construction
improvements,as appropriate
• Identification of general physical features and type of improvement associated
with each solution. It is anticipated that mapping generated under Section 1111
and 1112 will be utilized to illustrate existing and proposed features in plan
view. Typical Sections will be developed to illustrate road sections and other
features at critical locations. Elevation views will be developed to depict bridge
alternatives under consideration.
• A level of detail commensurate with evaluating and comparing alternative
solutions to needs, but not for evaluating and comparing specific design
features
• Potential for establishing Benefit Assessment Districts
• Environmental, socioeconomic and community issues including context-
sensitive design opportunities.
1420 The Consultant shall discuss the alternatives with the City as they are being
developed, so that unfeasible alternatives can be eliminated as soon as practicable.
The Consultant shall provide documentation of alternatives eliminated.
1430 Construction cost estimates: The Consultant shall develop a planning level cost
estimate for each alternative. The Consultant shall provide the pricing
information. The Consultant shall manage the estimate, including the pricing
information.
1440 Alternative Comparison:
1441 For each feasible alternative the Consultant shall examine the advantages and
disadvantages. The Consultant will develop an alternative ranking matrix to
objectively rank the alternatives. The alternative evaluation criteria will be
approved by the City and may include: life cycle costs, natural environmental
impacts, transportation benefits and enhancements, and built & social
environmental impacts.
1442 The Consultant will conduct a benefit/cost evaluation of each feasible alternative.
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1500 SCOPING DOCUMENT PREPARATION
1510 The Consultant shall prepare the Scoping Document in accordance with the
general requirements for an Expanded Project Proposal (EPP) as described in the
NYSDOT Scoping Procedure Manual, and shall inform the City on content and
progress as necessary during its development.
1520 The Consultant shall submit a Draft Scoping Document to the City for review
(assume 30 copies). It is assumed that CME will provide Labella with one (1)
original document from which Labella will be responsible for copying and
distributing to the City.
The City shall review the Draft Scoping Document and provide the Consultant
with review comments.
1530 The Consultant shall assist the City in resolving the review comments.
1540 The Consultant shall incorporate City review comments into the Draft Scoping
Document and resubmit It as an advance Final Scoping Document.
1550 The City shall review the advance final document and provide the Consultant
review comments.
1900 MISCELLANEOUS PROJECT SCOPING TASKS
1910 Advisory Committee Meetings-assume six(6)
The consultant will manage the Community Advisory Committee program
including the following: Scheduling meetings; meeting notification; preparing
news releases; preparing agenda; preparing presentation and handouts; and overall
management of the committee. It is assumed that CME and T&W will attend all
six meetings.
1920 Public Involvement Activities:
1921 Public Information meeting(s) -assume three (3)
The consultant shall assist the City at information meeting(s) with advisory
agencies, local officials, and citizens. The Consultant shall conduct the
meetings(s) and obtain the local input. It is assumed that CME and T&W will
attend all three meetings.
1922 The Consultant shall assist the City to arrange for the location of these meeting(s).
1923 The Consultant shall prepare the required visual aids.
1924 The Consultant shall attend the informational meeting(s), at which the Consultant
shall assist the City with installing, managing, and dismantling informational
displays and other visual aids, and shall present a technical discussion of the
alternatives.
. V Lz V I i Vet !WV 1G.JO 1.1.1 Ya/-ZUVUU Lc1U Vl lct :1JJ Vl.l Cl ,C� �J V LO
1930 Transportation Improvement Program Considerations:
1931 The Consultant will assist the City when preparing the application for project
consideration on the State Transportation Improvement Program as a federally
assisted project.
1932 The Consultant will identify alternative funding sources and strategies.
8000 PROJECT MANAGEMENT AND MISCELLANEOUS WORK
8100 Project Familiarization
The City shall provide the Consultant with a copy of existing studies and reports.
Before starting any other work, The Consultant shall become familiar with the project.
This shall include the following:
8110 The Consultant shall thoroughly review the project-related information supplied by
the City, with particular emphasis on understanding the project's cost, scope,
schedule, and quality (CSSQ) parameters and identifying geometric and
environmental design constraints.
8120 The consultant shall visit to the project site for the purpose of becoming familiar
with actual field conditions.
8130 The Consultant shall become familiar and document all environmental benefits and
betterments that have applicability within the Study area, and opportunities to
apply context-sensitive design practices (per NYSDOT EI 99-026 Environmental
Initiative Guidelines and Procedures).
8200 Project Reporting
8210 For the duration of work under this agreement the Consultant shall prepare and
submit to the City on a monthly basis a Cost Control Report, a Progress Report,
and a Project Schedule in a format approved by the City. The beginning and
ending dates defining the reporting period shall wherever applicable correspond to
the beginning and ending dates for billing periods, so that this reporting process
can also serve to explain billing charges. (In cases where all work under this
contract is officially suspended by the City, this task will not be performed during
the suspension period.)
8300 Project Coordination
8310 Project Meetings
(These meetings are in addition to the specific advisory committee meetings,
information meetings, and presentations specifically described and covered under
section 1900.)
Whenever appropriate the Consultant shall prepare for, attend, and submit minutes
of meetings with the City to present, coordinate, discuss, or receive direction on
the work.
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These meetings shall include but not be limited to the meetings needed to complete
the following work.
• Monthly progress meetings with the City-assume six(6)
• Special meetings with MPO and NYSDOT-assume four(4)
• Utility/Agency meeting—include in Progress meetings with City
• Presentation to Board of Public Works -assume two(2)
• Meeting with Norfolk Southern-assume one(1)
It is assumed that CME will attend a total of twelve (12) meetings in Ithaca and/or
Syracuse(NYSDOT) and T&W will attend a total of six (6). CME and T&W will
be available for conference calls throughout the study.
P:\F•Nthaca\P2S98\Scope of Services.doc
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41 Receive;:! f'.✓
t LaBella A•9, �.1.''as, P.C,
:_,
--� rc i - FEB 2003
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION
ALBANY, N.Y. 12232
JOSEPH H. BOARDMAN GEORGE E. PATAKI
COMMISSIONER GOVERNOR
Mr. Robert B. Pepe February 18, 2003
LaBella Associates, P.C.
300 State Street
Rochester, New York 14614
Dear Mr. Pepe, Overhead Billing Rate - FYE - 10/31/02
We recently received current overhead information based on a review of the CONR 385
submitted for FYE 10/31/02.
Based on that information,provisional overhead rates have been approved. The Combined
overhead rate is 122 %, the Office overhead rate is 130 % and the Field overhead rate is 103 %.
If these rates are lower than or equal to the "NOT TO EXCEED" overhead rates established in a
contract with the New York State Department of Transportation, you may use these provisional
rates for billing purposes, for the referenced period, and for future periods, until superseded by
rates established by preaward audit, post audit or until CONK 385 billing rates are issued for a
. - subsequent period.
These submitted rates have not been audited and no audit assurances are provided. This letter is
intended solely for your use,the use of the Department and prime consultants you may be
working with in connection with Department agreements and should not be used by any other
party or for other purposes.
The provisional overhead billing rates are subject to post audit prior to final payment for
completed work.
Sincerely,
To, P. f I
�:. Mk,c',f,
"'Rex Grathwol
Director -
Contract Management Bureau
RG:BPL
cc: T. Goodfellow, Contract Audit Bureau w/CONR 385, 100-4
254 File
G. Wolfe, CMB, 5-108
S. Clark, CMB, 5-108, w/ CONR 385 package.
• Ul/ U4/ VY 1!L11/ ld.Vl 1':1.1 YVYVVUU AssuciaLes UL:J
FROM : TROI:JER I DGE & WOLF FAX NO. : 6072776092 Jan. as 2004 02 56PM Pi
Post-W Fax Note 7671 "ale //5/ep -lpAesi" / , 2 15 2003
'To From e
Cc./DE W. c:l,/ cu.
� r4 � �i5'��
Phone It Phone#,$o7- z77_/yrl�o
M E M O R A N D U PQ
Fain Pew# DEPARTMENT OF TRANSPORTATION
TO: J. Fietze, REGIONAL DESIGN GROUP, R-3 B_p_Loinbardl
FROM: R,Albertin, Contract Management & Audit Division, 5-108,MC 0203
SUBJECT: OVERHEAD BILLING RATE FOR TROWBRIDGE & WOLF LANDSCAPE ARCHITECTS
D010274, HW DES, RTE 281, RTE 13 - I-81 ACCESS, CORTLAND
COUNTY
DATE: April 06, 2003
We recently received current overhead information regarding
the subject consultant firm which is a Sub- Consultant on
the referenced contract.
Based on that information, a provisional Combined overhead rate
of 82€ for fiscal year ending 12/31/2001. This
rate will remain in effect until superseded by a rate established
for a subsequent period. •
The consultant may bill at the applicable new rate if it is lower
or equal to the "NOT TO EXCEED" rate established in the original
contract or as amended by Article S of a supplemental agreement .
Any questions as to what overhead rate should be applied to this
contract may be addressed to Rruce Lombardi on (518) 457-2501.
Please forward this memorandum to the proper Consultant Manager_
RG:BPL
cc: TROWBRIDGE & WOLF LANDSCAPE ARCHITECTS
HARZA NORTHEAST
•.■ aJov,luUtJ
01/05/04 041S4pm P. 002
� f�l L 11 r r 3
JUL 112 2003
6 as
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION
ALBANY, N.Y. 12232
http://www.dot.state.ny.uS
JOSEPH H.BOAROMAN GEORGE E. PATAKI
COMMISSIONER GOVERNOR
Mr. John M. Tozzi June 30, 2003
Creighton Manning Engineering,LLP
4 Automation Lane, Suite 250
Albany,New York 12205
Dear Tozzi, Overhead Billing Rate-FYE— 12/31/02
We recently received current overhead information based on a review of the CONR 385
submitted for FYE—12/31/02.
Based on that information,a provisional overhead rate has been approved.The Combined
overhead rate is 151 %. If this rate is lower than or equal to the 'NOT TO EXCEED"overhead
rate established in a contract with the New York State Department of Transportation, you may
use this provisional rate for billing purposes,for the referenced period,and for future periods,
until superseded by rates established by preaward audit,post audit or until a CONR 385 billing
• rate is issued for a subsequent period.
This submitted rate has not been audited and no audit assurances are provided. This letter is
intended solely for your use,the use of the Department and prime consultants you may be
working with in connection with Department agreements and should not be used by any other
party or for other purposes.
The provisional overhead billing rate is subject to post audit prior to final payment for completed
work.
Sincerely,
"Ace P
•
RICHARD ALBERTIN
Director, Contract Management&Audit Division
RA:BPL
cc: L. Zinzow,Contract Audit Bureau w/CONR 385, 100-4
254 File
G. Wolfe,CMB,5-108
S. Clark, CMB, 5-108,w/CONR 385 package.
' 01/07/04 WED 12:45 FAX 4543066 Labella AssoclaLes
SUMMARY OF COSTS
Fee Proposal For Taughannock Boulevard Extension
December 19,2003
Revised January 7, 2004
I. LaBella Associates,P.0 $157,237
II. Creighton Manning Engineering LLP $ 83,032
III. Trowbridge &Wolf $ 33,981
IV. Midland Appraisal $ 3,500
V. Gary Wood P.E. (Geotechnical) $ 5,000
TOTAL $282,750
'01/07/04 WED 12:46 FAX 4543066 Labella assoclaLes
Exhibit C
Summary
LABELLA ASSOCIATES, P.C.
Taughannock Boulevard Extension
City of Ithaca
Item IA, Direct Technical
Salaries (estimated)
subject to audit $57,888
Item IB, Direct Technical
Salaries Premium Portion
of overtime subject to
audit(estimate)
Item II, Direct Non-
Salary Cost(estimated)
subject to audit 7,248
Item II Direct Non-
Salary Cost(estimated)
subject to audit
(Sub-Contractor Cost) (Note 1) 8,500
Item III, Overhead
(estimated) subject
to audit 030 75,254
Item IV, Fixed
Fee (negotiated) 02 %) $16,847
Item II Direct Non-
Salary Cost(estimated)
subject to audit
(Sub-Consultant Cost) (Note 2) 117,013
Total Estimated Cost $282,750
Notes:
1. Subcontractor Services for Midland Appraisal and Gary Wood, P.E.
2. SubConsultant Services for CME and T&W
'01/07/04 WED 12:46 FAX 4543066 Labella ASSUulal,CJ
Exhibit B, Page 9
Summary
CREIGHTON MANNING, LLP
Taughannock Boulevard Extension
City of Ithaca
Item IA, Direct Technical
Salaries(estimated)
subject to audit $27,335
Item IB, Direct Technical
Salaries Premium Portion
of overtime subject to
audit (estimate)
Item II, Direct Non-
Salary Cost(estimated)
subject to audit 5,525
Item II Direct Non-
Salary Cost(estimated)
subject to audit
(Sub-Contractor Cost)
Item III, Overhead
(estimated) subject
to audit (151) 41,276
Item IV, Fixed
Fee (negotiated) "J 1 8 896
Item II Direct Non-
Salary Cost(estimated)
subject to audit
(Sub-Consultant Cost)
Total Estimated Cost $83,032
'01/07/04 WED 12:46 I—AA 4o4iuoo 1c11JC11u :1JJV lu
Exhibit B, Page 5
Summary
TROWBRIDGE &WOLF
Taughannock Boulevard Extension
City of Ithaca
Item IA, Direct Technical
Salaries (estimated)
subject to audit $15,434
Item IB, Direct Technical
Salaries Premium Portion
of overtime subject to
audit(estimate)
Item II, Direct Non-
Salary Cost(estimated)
subject to audit 2,250
Item II Direct Non-
Salary Cost (estimated)
subject to audit
(Sub-Contractor Cost)
Item III, Overhead
(estimated) subject
to audit (Sz) 12,656
Item IV, Fixed
Fee (negotiated) (/,2 %) 3,641
Item II Direct Non-
Salary Cost(estimated)
subject to audit
(Sub-Consultant Cost)
Total Estimated Cost $33,981
■
0
r
Original Version:December 19,2003
0
--f
o
TAUGHANNOCK BOULEVARD EXTENSION
CITY OF ITHACA
i
RESPONSIBILITY MATRIX d
t „ TR ti
OWBRIDGE CREIGI4TON
TASK DESCRIP, ION LAS,ELLA CITY REMARKS
a.
&WOLF � ' .A"IANNi.�TG
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.t'",:v1Er Rb�{I i. 1y� a�'�,t.,.����.����d�t(�.:-..�.. .�-.._:+ ^N�'1�{��f��-:. �_F..: .. a...4. �..:1 t��r.. � :��'.. t .�. L� �+. 74tY v. .. 1 .y'1T t a r w�.:�R�.� .,F ij�,at ..r.3-, ?
-�e�"�k�,..� hse,a:riaee�l .. t i rt_t :ter l� i, t.,.
1100 Project Data Development
1110 Survey and Mapping X _ J _
1120 Existing Speed Limits/Operating Speeds X et
,-
1130 Determine Existing Land Use _ X 6-,_, c
1 140 Existing Vehicular Access Control X c
- -- a
1150 Existing Highway Features X _ i
1160 General Drainage Assessment X _
1170 Identify Utilities X
1180 Traffic Data Development I X
1200 Project Scoping Analyses
1210 Traffic Analysis i I X 1220 Safety Analysis X —
1230 Drainage Analysis � X X T&W to Provide Support Only r
1240 Land Use Analysis X 6'
1250 Bicycle&Pedestrian Analysis X a
1260 Railroad Analysis X F
1270 Environmental Screening X
12811 Right-of-Way X o
---–---- —— -- — — u
1290 Geotechnical Analysis 1 X 1 _ C
1400 Development of Project Scoping Alternatives
1410 Develop and Analyze 2 Build Alternatives X X X Subs assist with brainstorming alternatives
1420 Eliminate Unfeasible Alternatives X Cu
.
1430 Construction Cost Estimates X
1440 Alternative Comparison X X X _ Input per Area of expertise
1500 Scoping Document Preparation
1510 Scoping Document Preparation X 1 X X I Text per Area of Responsibility
1900 Miscellaneous Tasks
1910 Advisory Committee Meetings X X X Subs Provide Support to LaBella
1920 Public Involvement Activities X X X Subs Provide Support to LaBella
1930 TIP Application I X
Lx Irl�t,ltff ,"`l ROj!'("9 M'AIVpGIMI,N4:A�jI?;404siZL AI*'OUS,:WO$K , s % . I. ' . , ,! r
81110 Project Familiarization X X X Per Area of Responsibility
8200 Project Reporting X X X Per Area of Responsibility
8300 Project Coordination X I X X Per Area of Responsibility
(x)Denote~Primary Responsibility 1 of 1 P2898/P2898statthours.XLS RMatrix
off CITY OF ITHACA
V~F`"�`" ;� ; 108 East Green Street— 3rd Floor Ithaca, New York 14850-5690 Ej 1
= Irmnrml • 1�
DEPARTMENT OF PLANNING AND DEVELOPMENT
*� 0_ H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
• DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559
Email: planning @cityofithaca.org Email: iura @cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning, Neighborhood, and Economic Development Committee
From: Tim Logue, Neighborhood and Economic Development Planner
Date: January 13, 2004
Re: Planned Unit Development (PUD) Ordinance
Please find attached a proposed Planned Unit Development (PUD) ordinance
and some background materials from the Pace Law School. A PUD is a special
zoning district that is initially created by Common Council as a floating zone,
meaning that it is not attached to any specific piece of land or to the zoning
map. Upon an application for a PUD by a property owner or developer and the
• approval of Common Council, the floating zone can "land," replacing an
existing zoning district on a specific piece of land. The proposed ordinance
details the process of how a PUD would be applied to a certain area.
As you will read in the intent and findings section of the ordinance, a PUD is
meant to provide the City and a developer some flexibility in site and building
design, economies of scale in site development, and greater protection of valued
open spaces or environmentally sensitive areas. Often used by suburban or
rural communities to create new neighborhoods, PUDs can be effective in
urban settings by allowing the flexibility needed to redevelop difficult or
complex sites or by allowing a mix of uses that will make the redevelopment
economically feasible. A PUD ordinance may also make the creation of new
affordable housing easier by allowing the integration of affordable housing with
other residential and commercial uses.
Between August and November 2003, the previous Common Council discussed
the proposed PUD and staff completed a full environmental assessment form,
both of which circulated to the County Planning Department, the City's
Conservation Advisory Council, and the Planning 85 Development Board
(comments and public comment are on file). Staff also conversed with about 6
cities in New York State to discuss their PUD ordinances. I will be at your
meeting to answer any questions; if you want to talk before then, you can reach
me at 274-6557.
"An Equal Opportunity Employer with a commitment to workforce diversification." 0
1/14/2004-1-144-3/2-00-13
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, El
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:\planning\projects\zoning\pud\pud zoning ordinance clean copy.docOplann-iilproj ts\zoning\pti,4ud 1
zoning
l/I4/2004•11f I3/2003
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
q:\planning\projects\zoning\pud\pud zoning ordinance clean copy.docq:planninb projects\zoning\ped\pud
zen-i-n g-ord-inane:dee
1/14/200411/13/2003
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 .
c) 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 clean copy.docq:-\planni projccts\zo glpud\pud 3
zoning-ord i,a nce:doe
l/14/200411/13,3.003
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 objectives of
a Planned Unit Development as expressed in
Section 1 (above)
iii . the proposal is conceptually sound in that it
conforms to accepted design principles in the
proposed functional roadway and pedestrian
system, land use configurations, open space
q:\planning\projects\zoning\pud\pud zoning ordinance clean copy.doc :\planning\project-s\zoning\pud\pud 4
zon ing„rd i.nanse:des
1/14/20041-1,(-13/2043
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
a favorable 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 Tompkins
County Planning Department 30 days to render its
report .
q:\planning\projects\zoning\pud\pud zoning ordinance clean copy.docplan•'•: : e'- _ ... : d 5
zon;n,.,.rd nanco de
1/14/2004 1 16)3/200
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
§276-6, 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 and 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
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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.
o
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Land Use Library SERIES III: Innovative Tools and Techniques, Issue Number 6
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Zoning Schools
DEFINITION
Programs
Planned unit development(PUD)zoning provisions permit large lots to be developed
in a more flexible manner than allowed by the underlying zoning. PUD ordinances
may allow developers to mix land uses, such as residential and commercial, on a
large parcel and to develop the parcel at greater densities, and with more design
flexibility,than otherwise allowed by the underlying zoning district. PUD provisions
often require developers to compensate for the impacts of their projects by setting
aside significant and usable open space, providing infrastructure needed to service
the development, or offering other community facilities and services.
There is no statutory definition of a PUD. Usage of the technique by local
governments has established a number of optional methods of designating large lots
for more flexible development. PUD ordinances typically leave the underlying zoning
in place and offer an alternative to landowners to develop the site in accordance with
the PUD provisions.
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PURPOSE
Most PUD ordinances state that their purpose is to achieve greater design flexibility
and economies of scale in the development of large lots within the community.The
Village of Malone,for example, adopted a PUD provision stating that its purpose is
"to provide a means of developing those land areas within the community
considered appropriate for new residential, recreational,office space,commercial or •
industrial use, or a satisfactory combination of these uses, in an economic and
compatible manner,while encouraging the utilization of innovative planning and
design concepts or techniques in these areas."
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WHEN
A developing community that anticipates receiving a rezoning or site plan application
for the development of a large shopping mall or discount warehouse could use a
mixed-use PUD ordinance to negotiate significant design and use changes in the
development. Instead of ending up with another faceless commercial strip,the
community may use its PUD provisions to provide the leverage, incentives and
process necessary to encourage the development of a commercial project with a
neighborhood feel, reinforced by the addition of some residential uses, community
facilities and attractive landscaping and building design.
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The same community,faced with the prospect of one or more large residential
developments, could avoid the proliferation of single lot subdivisions or uniform
condominium developments by using PUD provisions to provide for some on-site
shopping and services for homeowners.This can be accomplished by adopting a
residential PUD provision that allows mixing a variety of housing types and styles
with some neighborhood commercial uses.Through design flexibility and control, an
appropriate neighborhood can be created, properly serviced by infrastructure and
appropriately landscaped and designed to protect surrounding areas from its
impacts.
An urban community could adopt a PUD ordinance as a means of attracting
developers of unique large lots. By offering a mix of land uses and flexible design
options, developers obtain the freedom they need to develop a project that is
economically and environmentally viable for the site. In a similar way, a rural
community could adopt PUD provisions, in advance of development, as its way of
indicating the areas that are appropriate for mixed-use and more intense
development.
Although PUD development is designed for large lot development,this does not
necessarily mean that its use is limited to communities with one or more large lots
that are under single ownership.The PUD provisions can be drafted to present an
opportunity to the owners of several medium-sized or smaller lots to work together to
combine ownership and take advantage of the PUD development option.
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AUTHORITY
There is no separate authorization under town,village and city law for including
planned unit development provisions in the local zoning ordinance.This authority is
implied in the delegation to local governments of the power to enact zoning
restrictions and create zoning districts. One purpose of zoning is to ensure that its
provisions consider the character of areas and their suitability for particular uses with
a view to conserving the value of buildings and encouraging the most appropriate
use of the land throughout the municipality. Several court decisions have considered
various applications of PUD ordinances, implicitly upholding their legality.
The Court of Appeals has made it clear that"how various properties shall be
classified or reclassified rests with the local legislative body;its judgment and
determination will be conclusive, beyond interference from the courts, unless shown
to be arbitrary."The court noted that"changed or changing conditions call for
changed plans,and persons who own property in a particular zone or use district
enjoy no eternally vested right to that classification if the public interest demands
otherwise.Accordingly,the power of the[locality]to amend its basic zoning
ordinance in such a way as to reasonably promote the general welfare cannot be
questioned."A zoning ordinance is not flawed because a district created by its
provisions is not affixed to particular land at the time that district is created. It is
necessary, however,that PUD provisions be adopted in accordance with the
locality's comprehensive plan.
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IMPLEMENTATION
The process of adding PUD provisions to the local zoning ordinance is identical to
adopting any zoning amendment. The provisions must be drafted, published,
subjected to public hearing, adopted and filed. The challenge of implementation is to
chose an appropriate method of designating sites for PUD development,to provide
for flexible site and building design and to determine how PUD developments shall
be approved by local authorities.
The PUD ordinance can designate one or more particular sites for development that
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the community currently knows it wants developed in a more flexible manner than
provided for by the underlying zoning. In this instance, it can leave the underlying
zoning provisions in place or require that the site be developed as a PUD.
Alternatively,the ordinance can allow PUD development in certain types of
situations, generally, and provide for later site designation, upon application by one
or more landowners or upon the initiative of the local legislature.This latter approach
allows the locality to use the PUD technique when confronted by a large-scale
development whose owner is seeking a rezoning of the land or is applying for as-of-
right approval under the existing zoning.
The PUD ordinance must state its purpose, contain standards for site and building
development and describe a process for reviewing and approving individual projects.
Care should be taken in drafting these provisions so that landowners, developers
and neighbors are as informed as possible of the community's objectives and
standards.
If the local legislature is to retain the authority to review and approve PUD
applications,the standards contained in the ordinance can be more general, legally,
although a certain degree of specificity is still helpful in clarifying when and where
the community desires PUD development.Where the local planning or zoning board
is delegated the responsibility of reviewing and approving PUD applications,the
legislature must be more specific in delegating its authority.
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LIMITATIONS AND CONCERNS
When considering the addition of PUD provisions to the zoning code, local officials
are presented with several critical questions. Should specific sites be designated for
PUD development or should PUD development simply be allowed with the sites to
be designated later upon the application of land owners or developers?Where sites
are to be designated at a later time,what technique should be used to identify them
and what local body should make that decision?If PUD development is to be
allowed, but the sites are to be identified later, in which existing zoning districts
should the PUD provisions apply?How specific should the criteria be that define the
sites that are eligible for PUD designation?What should be,for example,the
minimum size lot that is eligible? How specific should the standards governing the
design of PUD projects be?How can these standards be written to minimize the
impact of the PUD development on the surrounding neighborhood?
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CITATIONS:
1.The statutory authority to divide the municipality into districts is found at Town
Law SS 262, Village Law SS 7-704 and General.._City Law SS 20(24).
2. Flexibility techniques such as PUDs were upheld in Rodgers v. Tarrytown, 302
N.Y. 115(1951), a Court of Appeals case in which the validity of a floating zone was
challenged.
3. In Dur-Bar Realty Co. v. Utica,57 A.D.2d 51, 394 N.Y.S.2d 913(1977),the court
upheld a PUD ordinance that created a land conservation district for land lying in a
flood plain which allowed compatible uses by special permit only. No underlying
zoning uses were permitted in the district.
4. In Daum v. Meade,65 Misc.2d 572, 318 N.Y.S.2d 199(1971), the creation of a
planned industrial park district by the town of North Hempstead was challenged as
not being in accordance with the comprehensive plan when a new master plan study
was underway.The court stated that the PUD was in accordance with the existing
zoning scheme and various other documents that constituted comprehensive
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planning and it was not necessary to wait for the new comprehensive plan before
enacting the PUD ordinance.
5. In Todd Mart v. Town of Webster,49 A.D.2d 12, 370 N.Y.S.2d 683 (1975),the
town provided for the creation of a PUD upon application by the land owner.A
developer challenged the failure of the town board to rezone his land PUD.The
court held that the process here involved a legislative decision by the town board
and as such, its decision not to rezone due to potential impacts on the community
was reasonable.
REFERENCE:
1. Planned Unit Development,Michael Murphy and Joseph Stinson, Land Use Law
Center, 1996, available via the Land Use Law Center's web site on the Internet--
www.law.pace.edu.
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DESIGNING LARGE LOTS WITH PLANNED UNIT
DEVELOPMENT
The PUD provisions of the zoning ordinance of the City of Binghamton were adopted
"to encourage and promote flexibility, land use efficiency, new development
concepts and quality design in the construction of large-scale projects. These
objectives are to be achieved by substituting an approved comprehensive
development plan for conventional land use regulations, with such comprehensive
development plan to be approved by the planning commission and to become the
basis for continuing land use controls in the PUD area."
Binghamton's PUD ordinance was adopted with the primary objective of promoting
housing, but it allows the planning commission to permit some nonresidential uses in
a PUD if the applicant for PUD designation can show that such nonresidential use
will promote the objective of the City's comprehensive plan, contribute to the quality
of the housing development and enhance the surrounding neighborhood. These
nonresidential uses can occupy no more than 25%of the gross lot area. In this
urban context, the PUD provisions require a minimum lot size of three acres. The
ordinance allows for a density increase of 30%over the "maximum density normally
permitted in the district where the PUD is to be located."
In the Town of Bethlehem, PUD provisions of the zoning ordinance were added"to
provide for new residential, commercial or manufacturing uses in which economies
of scale or creative architectural or planning concepts may be utilized by the
developer"The provisions state that"application for the establishment of a planned
development district shall be made to the Town Board by the owners of the lands to
be included in the district or by a person or persons holding an option to purchase
the lands contingent only upon approval of the application for the change of zone."
In Bethlehem, the application is referred by the town board to the planning board of
the town. The applicant is required to submit adequate data, maps and preliminary
plans to allow the planning board to determine the desirability of the proposed
project in the proposed location. After reviewing and requiring revisions in the plans,
the planning board is to approve, approve with modifications or disapprove the
application and report its findings and decision to the town board. The town board
then holds a public hearing, after which it may approve the establishment of the PUD
district.
After the district is established in this way, applications for the approval of a building
project in the district are made to the town board which, again, refers such
applications to the planning board. The planing board holds the required public
hearing on the building application and may approve, approve with modifications or
disapprove of the application and report its decision and findings to the town board.
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If the planning board denies the building application, the town board may approve
the project with such stipulations or conditions it deems necessary to achieve the
objectives of the zoning ordinance.
The Bethlehem PUD ordinance contains a schedule governing the use, area, density
and building area ratio and yard dimensions allowed in a PUD district. For residential
and commercial districts, five acres or more are required and commercial and
residential uses may be mixed, but subject to certain limitations. In a residential
PUD, eight multifamily dwelling units per acre are allowed;in a commercial PUD, up
to 16 multifamily dwelling units per acre are permitted.
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