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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. - 1 - 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. - 2 - 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 Page 4of12 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 -'.' rrrr�.! 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 el A �:•r:• r:•::: ::::r•:f:1:.:::::::::::::::::::::(::]r::::::::::::�::�::::f::::::;::::{:�:::::�:;::;:::. � I . 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S 2�° rrrrrr•r•-r r••rr - _— �' ..; 5;=$Qx :!•rrr..-rrrrr - -rr! _ - WEST BUFFALO SI ',Z.... /// ' :0*.,z' -rrr.. H_ '� 'fir ' - - rrr (° rrr• rrr ' Sp X43 ra-a- 44-:::':�-- ,s, �r- •••• w si! w _ ;C/ •i!•. to W SENEI l:-c t,s. }_f Ili ST9 r 2 �S�FFT ::! O ?> m (STATE Scale:1"=300' WF-la '''3..'' ''' WF-lc •.;!' (No Build) ://, 2-story min,3-story max),..n r WF-1b �; , WF-td (1 story) `.-story mm,5-story max) 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 . Q:,PL: NNING\PROJECTS ZONING\Waterf ont Zone\OrdinanceI-I4-OO.do '•`• - _.I Setiire-Temp)rdiaaacel I ' n,docE:`Jcanr'y WWorl:`Ordinancel'_' 22 n,docQ:`PLANNING'STAFF'Jenniterin!.t 1c{and'Rczonine`Ordinance'2 ')3 doc Pauzc I of 6(4 1/15/700,11 ! "J)011'1 2■,1 2 . Will guide development in this area of the City for the purpose of creating a unique waterfront experience . 3 . Allows the City to enhance the value of 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 . Q:\PLANNING\PROJECTS ZONING\Waterfront ZoneA Ordinance!-I4-0-LdocC:`Documents and Sct4inee'}cniu1✓.': Seizincr Temp`Ordi.iaiccl ! ' n dec1=•')cnn■'s")rk`r)rdina-ccl2 22 o,docQ:`PL.A\`1lN, S1A117,1cnnifer 4:l nkl R.zening`Ord;^°ncc I 2 22 O doc Pine 2 of 644 1:15/20011 1 1'200 11 21 2nnl 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 . NNINGPRO.IEC'TS ZONING A Waterfront Zone\Ordinance 1-14-('-.docC':`Docuntent.;aid .UIn ticttinc+:'Toil)Ordinance 1 ' ' Er ;Work`Crdinancc12 22 Y'cQ•` LANN'1>'r1 SA-AFT_tenniter l.anc'R;zonic )rdinancc l 2 03.dEx _ I'a�_c 3 of 64 - 1;15'20011'i i nna �nql 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 _. _: - Q:A PLANNING\PROJECTS ZONING\Waterfront ZonesOrdinanceI-I4-04 du "• • Scttinccmp`Ordiranccl I ri 1 docE•`1erq 's 11 'rk'Ordinance12 22 U}!'cr1''PL.A>'NI>' Sl AF VvIniv lc'.:;. l'acc4ofb44 1:15/20011 I ` 211LC 1 21 2■ 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 O:API-.ANNING\PROJECTS ZONING\Waterfront Zone`Ordinancel-l4-0 1.do- I 1r I in.IRrzrninc`L'rdinan e:2-2' 2 ckac Page 5 of(A-I. _ I.15/20011't r 2n0 11 2: ,nn 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 . (1:'PL:ANNING\PROJECTS ZONING\Waterfront Zone\Ordinance l-14-04.doc('`Decameets awl' t . ;jetirilcr!. . cal Sotinetcruq`OrdinanceI ' ill.decE:.Iennv Week'O,tlinance12 22 'LANNIN-0 STAFF' l 1rJand'Rczo 1 eg`Ordinance 2-22 0_aloe Page 6 of 644 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. Uli U i/U4 11 GL 1L.JU 1':1-1 'tJYUVUU 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. • Vl/ U(. VY iLL lr UY S.11 YUYJVUU a.uui.l iu . .+. v .iu......� 'L 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. , V1i Vli VY ri.✓ it V.i i VYVVUU �.uu�.11u .iJJ V .1u .l:J .Zi�V1V 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. ` VI, VI, V Y I I L L 1.:..J U 1:1.1 t010 V U V L CL L L 1 1 V, .1 J J V V.L C l L e J • 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. U.1.2 0 4/ II L'L 1L.J 1 l':1-1 -tJYJ000 LclLGl lcl .'1JJVl.l cl l.CJ -'�U LJ 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. • Ul. V// U• 111;1/ 1L.J0 [':1:1 '1J•tJVUU LnllClld i1JJUl:ld VC, :1 U L 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 • Vl. VI/ VY I'LL 1V.VV 1.1.1 YUYVVUU L1LGlla .-1JVl.1i1LCS yU1O �J 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 $33,981 ■ 0 r Original Version:December 19,2003 0 --f o TAUGHANNOCK BOULEVARD EXTENSION CITY OF ITHACA i RESPONSIBILITY MATRIX d t „ TR ti OWBRIDGE CREIGI4TON TASK DESCRIP, ION LAS,ELLA CITY REMARKS a. &WOLF � ' .A"IANNi.�TG �� �..rl.`. n. ..,1: .i:yg w l>!'.itws 4y,. ,. -,t > 1 i. .s t� ..f„FI :pt:r ''eV it dl't'llar .. .7 s:ttw1 .r:T t_ _ ,.y .t'",:v1Er Rb�{I i. 1y� a�'�,t.,.����.����d�t(�.:-..�.. .�-.._:+ ^N�'1�{��f��-:. �_F..: .. a...4. �..:1 t��r.. � :��'.. t .�. L� �+. 74tY v. .. 1 .y'1T t a r w�.:�R�.� .,F ij�,at ..r.3-, ? -�e�"�k�,..� hse,a:riaee�l .. t i rt_t :ter l� i, t.,. 1100 Project Data Development 1110 Survey and Mapping X _ J _ 1120 Existing Speed Limits/Operating Speeds X et ,- 1130 Determine Existing Land Use _ X 6-,_, c 1 140 Existing Vehicular Access Control X c - -- a 1150 Existing Highway Features X _ i 1160 General Drainage Assessment X _ 1170 Identify Utilities X 1180 Traffic Data Development I X 1200 Project Scoping Analyses 1210 Traffic Analysis i I X 1220 Safety Analysis X — 1230 Drainage Analysis � X X T&W to Provide Support Only r 1240 Land Use Analysis X 6' 1250 Bicycle&Pedestrian Analysis X a 1260 Railroad Analysis X F 1270 Environmental Screening X 12811 Right-of-Way X o ---–---- —— -- — — u 1290 Geotechnical Analysis 1 X 1 _ C 1400 Development of Project Scoping Alternatives 1410 Develop and Analyze 2 Build Alternatives X X X Subs assist with brainstorming alternatives 1420 Eliminate Unfeasible Alternatives X Cu . 1430 Construction Cost Estimates X 1440 Alternative Comparison X X X _ Input per Area of expertise 1500 Scoping Document Preparation 1510 Scoping Document Preparation X 1 X X I Text per Area of Responsibility 1900 Miscellaneous Tasks 1910 Advisory Committee Meetings X X X Subs Provide Support to LaBella 1920 Public Involvement Activities X X X Subs Provide Support to LaBella 1930 TIP Application I X Lx Irl�t,ltff ,"`l ROj!'("9 M'AIVpGIMI,N4:A�jI?;404siZL AI*'OUS,:WO$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 q:\planning\projects\zoning\pud\pud zoning ordinance clean copy.docq \pla+ming\projects\zoning\pu4`,pod 6 zoning-ordinanc e.doc 1/14/20041-1/13/2043 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 c1:\planning\projects\zoning\pud\pud zoning ordinance clean copy.docq planning\pr-ejects zening\pa44pud 7 zoning-erd nano 1 14/20041-1 312003 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 q:\planning\projects\zoning\pud\pud zoning ordinance clean copy.doccr planning\pr-ojec-t-s\zorring\pa4\pud 8 zonn in g=-ord inane:doe Welcome to Pace Law School Page 1 of D Pace Law School El Contact Us Directions to Campus Site Map Pace University t About Pace Law School (Prospective Students I Current Students Alumni I Faculty Legal Resources/Centers Library I News A Events You are here: Home > Land Use Law Center>L.U.C.A.S. Library >Table of Content > Balancing Development and Conservat Center Information Planned Unit Development Land Use Library SERIES III: Innovative Tools and Techniques, Issue Number 6 Table of Contents q Books&Publications Law Locator Related Links ......_._._............._..._.._._-.. 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. [Back to Top][Table of Contents][LUCAS Home] 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." [Back to Top][Table of Contents][LUCAS Home] 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. http://www.law.pace.edu/landuse/bpud.html 8/4/2003 Welcome to Pace Law School Page 2 of 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. [Back to Top][Table of Contents][LUCAS Home] 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. [Back to Top][Table of Contents][LUCAS Home] 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 http://www.law.pace.edu/landuse/bpud.html 8/4/2003 welcome Lo race Law cnool rage . 01 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. [Back to Top][Table of Contents][LUCAS Home] 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? [Back to Top][Table of Contents][LUCASHom_e] 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 http://www.law.pace.edu/landuse/bpud.html 8/4/2003 welcome to race Law Scnool Page 4 01 ' 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. [Back to Top][Table of Contents][LUCAS Home] 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. http://www.law.pace.edu/landuse/bpud.html 8/4/2003 W eicon>_e 10 race Law School Page D 01 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. [Back to Top][Table of Contents][LUCAS Home] Pace Law School 78 North Broadway White Plains, NY 10603 Admissions Phone: 914-422-4210 Home I Contact Us I Directions I Site Map I Pace University Email Pace Law Disclaimer, Privacy About Pace Law School I Prospective Students I Alumni I Faculty Legal Resources/Centers I Current Students I Library I News&Events Pace Land Use Contact: Ann Marie McCoy (914)422-4262 • http://www.law.pace.edu/landuse/bpud.html 8/4/2003