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HomeMy WebLinkAbout02-18-04 Planning & Economic Develoment Committee Meeting Agenda MEETING NOTICE City of Ithaca Planning, Neighborhoods & Economic Development Committee Wednesday, February 18, 2004 Common Council Chambers City Hall -- 108 East Green Street 7:30 p.m. Agenda A. Agenda Review - Request to change sequence: El to follow C2, and E2 to follow D1 B. Public Comment and Response C. Announcements and Reports 1. Cayuga Green 5 minutes (or less) 2. Empire Zone 15 minutes D. Action Items 1. Waterfront Zone, amendments to ordinance - Resolutions (material enclosed); 10 minutes (Also, please bring the "City of Ithaca Full Environmental Assessment Form" that you received for the February 4 Common Council meeting.) 2. City Environmental Quality Review (CEQR) Ordinance, minor revisions 15 minutes - Resolutions (material enclosed) 3. Downtown Ithaca Development Strategy: 2000-2010, Updated and Amended - Resolution (material enclosed) 20 minutes 4. Ithaca Downtown Partnership Trolley Study, Proposed Funding Request (material enclosed) 15 minutes E. Other Items 1. Southwest Area Circulation Study - Discussion (material enclosed) 40 minutes 2. Disposal of city-owned surplus property - Presentation (material enclosed) 10 minutes 3. Planned Unit Development (PUD) Zoning - Presentation 15 minutes (Material was included with the packet mailed for the January 21 committee meeting. Please bring those documents, labeled E 1) F. 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, February 17, 2004. Approved at the March 17,2004 meeting of the Planning,Neighborhoods&Economic Development Committee Planning,Neighborhoods & and Economic Development Committee February 18, 2004 Minutes Committee Members Attending: Mary Tomlan, Chair; Michelle Berry; Dan Cogan; Pam Mackesey, Gayraud Townsend Other City Elected Officials Attending: Maria Coles, Joel Zumoff and Mayor Carolyn Peterson. Staff Attending: H. Matthys Van Coil, Bill Gray, Jennifer Kusznir, Tim Logue, Doug McDonald. Others Attending: Gary Ferguson, Executive Director of the Ithaca Downtown Partnership Meeting was called to order at 7:35 p.m. by Chair Mary Tomlan. A. Public Comment and Responses Alex Periales, Joel Harlan and Guy Gerard addressed the Committee B. Announcements and Reports 1. Cayuga Green Matthys Van Coll reported that there would be a meeting next Wednesday on the Cayuga Green Project including Steve Bloomfield and Ken Schon of Bloomfield Interests, the preferred developer for the project. 2. Empire Zone Doug McDonald explained the proposed local Empire Zone, for which Tompkins County Area Development Corporation (TCAD) recently submitted an application to Schuyler County Zone Board and the State of New York. C. Other Items 1. Planned Unit Development(PUD) Zoning—Presentation Tim Logue explained the concept of the PUD and an ordinance for the City of Ithaca that was drafted in 2003 for Common Council's consideration. Logue told the Committee where the PUD might be used in the City of Ithaca and how the ordinance could work if it were made law in the City. 2. Southwest Area Circulation Study—Discussion Chair Tomlan gave a brief history of the development of the Southwest and of the proposed study. Bill Gray and Tim Logue explained the proposed study and answered questions from the Committee. Van Cort also responded to questions about areas in the Southwest, approved development projects and possible future uses of the city owned land in the area. - 1 - q:\planning\groups\planning,neighborhood and eco dev committee 2004\minutes\0218 draft.doc ti Approved at the March 17,2004 meeting of the Planning,Neighborhoods&Economic Development Committee D. Action Items 1. Waterfront Zone, amendments to ordinance—Resolutions Jennifer Kusznir explained the proposed changes to the zoning for Inlet Island. On a motion by Mackesey, seconded by Berry,the Committee unanimously voted in favor of the proposed amendments and directed that they be referred to Common Council for Action. (5-0-0) 2. Ithaca Downtown Partnership Trolley Study, Proposed Funding Request Gary Ferguson and Ray Schlather presented a proposal to study the feasibility of a trolley connecting Downtown to Cornell and possibly to the West End. They are requesting $10,000 from the City of Ithaca with a total study cost of$25,000. The sense of the Committee was that the issue should be referred to the City Administration Committee for consideration of the City contribution to the study. 3. Disposal of city-owned surplus property—presentation Jennifer Kusznir described the properties that were proposed for disposition at the May 2004 auction. Former alderperson Susan Blumenthal and Jim Giovannoni were present to answer questions about the sale of the property fronting on Giles Street. The sense of the Committee was that the property information should be circulated to the appropriate bodies for review and comment and returned to the Committee and Council for action. 4. City Environmental Quality Review (CEQR) Ordinance, minor revisions Jennifer Kusznir explained the minor changes to the Ordinance that were recommended by the City Attorney's office. On a motion by Cogan, seconded by Townsend, the Committee unanimously voted in favor of the proposed amendments and directed that they be referred to Common Council for Action. (4-0-0) (Berry had left the meeting by the time of this vote.) - 2 - q:\planning\groups\planning,neighborhood and eco dev committee 2004\minutes\0218 draft.doc Approved at the March 17,2004 meeting of the Planning,Neighborhoods&Economic Development Committee 5. Downtown Ithaca Development Strategy: 2000-2010, Updated and Amended Gary Ferguson and Doug McDonald presented the Downtown Ithaca Development Strategy to the Committee. The Committee was supportive of the Downtown Ithaca Partnership and. On a motion by Cogan, seconded by Townsend, the Committee unanimously recommended that the Common Council accept and strongly endorse the Strategy. (4-0-0) E. Adjournment On a motion by Cogan, seconded by Townsend, the meeting was adjourned at 10:20 p.m. - 3 - q:\planning\groups\planning,neighborhood and eco dev committee 2004\minutes\0218 draft.doc 1/21/04 J11 Draft Resolution: Proposed Revisions to the Waterfront Zoning Districts - Determination of Environmental Significance WHEREAS, the City of Ithaca is considering a proposal to revise the Waterfront Zoning District, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Full Environmental Assessment Form (FEAF), and WHEREAS, this rezoning has been reviewed by the Tompkins County Planning Department Pursuant to §239-1—m of the New York State General Municipal Law, which requires that 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. Q:\PLANNINGIPROJECTSIZONING\Waterfront Zone\CC2-4-041WaterfrontResolution-Negdec.doc CITY OF ITHACA D 1 Irk 108 East Green Street— 3`d Floor Ithaca, New Yo: PETMETEIEll .�s r r i i DEPARTMENT OF PLANNING AND DEVELOPMENT '''',1°P0, ob_ 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: iuratitcityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning,Neighborhoods, and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: February 11, 2004 Subject: Proposal to Amend the City of Ithaca Waterfront Zoning District—Updated Packet At the January 21, 2004 meeting of the Planning, Neighborhoods and Economic Development Committee, the Committee voted to move the revised Waterfront Zoning Ordinance on to Common Council for possible adoption on February 4, 2004. Prior to the Common Council meeting, Alderperson Zumoff noticed some minor discrepancies and minor revisions that needed to be made to the Ordinance. In order to avoid inconsistencies within the ordinance, "storage" has been deleted as a permitted primary use (on page 2, attached) and has been moved to page 3 as a permitted accessory use. In addition, minor typographical errors have been corrected. All changes to the ordinance are tracked for your convenience. Also, in response to comments, the map of the Waterfront Zoning District has been revised slightly to move the boundary of the WF-1c zone on the northern tip of Inlet Island. The changes that have been made to the document are very minor and therefore do not change the environmental review of the ordinance. Please refer to the Full Environmental Assessment Form that was previously sent to you. Enclosed for your review is a resolution for the declaration of environmental significance. If you have any questions on any of the enclosed materials, feel free to contact me at 274-6410. "An Equal Opportunity Employer with a commitment to workforce diversification." C� D1 2/11/2004 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 3 25-4 of the Municipal Code of the City of Ithaca be amended to create a new zoning district to be known as the Waterfront Zoning District (WF -1) . Section 1 . Declaration of Legislative Findings and Purpose The Common Council finds that this Ordinance : 1 . Will help to create greater public access to the waterfront . 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: . Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca is hereby amended to change The Official City of Ithaca Zoning Map to move the boundaries of the WF-lc and the WE-1d zones as seen on. the attached map entitled Inlet:y:- Island Q:\PLANNING\PROJECTS\ZONING\Waterfront Zone\CC2-4-04\Ordinance2-10-04.doc Page 1 of 6 2/11/2004 Revised Waterfront Zone 1/29/04 . the zoning designation of the following areas from M 1 (Marine Commercial District) and B ^_ (Businness-` _ l '.-eeble to Waterfront Zoning District (W7 1 00 u Section -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, playground, art museum, fishing pier or yacht club. 4 . Public Recreation. 5 . Boatel . 6 . Sale, rental, or repair or storage of marine related recreation equipment such as boats, marine engines, sails, cabin equipment . 7 . Light manufacture of marine recreation related products involving substantial hand fabrication such as sails, boat hulls, cabin fittings . Permitted Accessory Uses 1 . Any accessory use permitted in the B2 zone. 1 .Homc occupation. 2 . Boat fuel dispensing. 3 . Snowmobile sales, service, rental in conjunction with boat sales, rental or service . 4 . 3 . Signc as permitted by Sign Ordinance. 4 . Storage of marine related recreation equipment such as boats, marine engines, sails, cabin equipment as it relates to permitted primary uses under zoning. 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 Feet at Waterfront 30 Maximum Building Heights : Waterfront - WF1aWF-la, no building allowed. Waterfront -W-F-1-bWF-lb, one story, 12 - 15 feet with an additional 5 feet for cornice allowed. Q:\PLANNING\PROJECTS\ZONING\Waterfront Zone\CC2-4-04\Ordinance2-10-04.doc Page 2 of 6 2/11/2004 Waterfront - WF1cWF_lc, minimum two atorie3 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 - WF1dWF-ld, minim-um1�� e stories, 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 .B. , Definitions and Word Usage, HEIGHT OF BUILDING) Maximum percent lot coverage by buildings except as required forby rear yard. 1 . On parcels of fifty (50) feet or less in width at street line, 100% lot coverage allowed except as may be required for provision of pedestrian ways and protection of view corridors . 2 . On parcels with three or more boundaries greater than fifty (50) feet, 90% lot coverage allowed except as may be required for provision of pedestrian ways and protection of view corridors . Yard Dimensions Front Yard - None Side Yards - None Rear Yard - 10 Feet Minimum Minimum Height, See also additional restrictions for waterfront properties - --- -- WF1aWF-1a - 0 feet W 1bV:�F-1b - 12 feet WF1cWF-1c - 24 feet WI'1dWF-i d - 36 feet Two Story Minimum: Any building constructed within the WF-1cminimum 2 story height zone shall have a height of at least 24 feet a-r-id--or have two .. .. h.abi.tab lcoccupiable stories covering 75% or more of the footprint of the building. Three Story Minimum: Any building constructed within WF 1dthc minimum 3 story height zone shall have a height of at least 36 feet and have three Q:\PLANNING\PROJECTS\ZONING\Waterfront Zone\CC2-4-04\Ordinance2-10-04.doc Page 3 of 6 2/11/2004 habitablcoccupiable 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 habitablcoccupiabl.e stories . Additional Restrictions for Waterfront Properties: Cayuga Inlet Properties in the WF-1C 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 75% or more of the footprint of the building. The lower level of occupiable space may be substituted with an area for boat docking. In addition, no new structure shall be l ocated 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 , unlcoo 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 . Buildings may also be located nearer than twelve feet to the top of the bulkhead or to the top of the bank of the Cayuga inlet if water dependant uses are located on the groundfloor. In which case, provision shall be made for a public walkway to be located adjacent to the building at a location to be approved.'.during site plan. review. Flood Control Channel For properties in the WF-ld zone that are located adjacent to the Fflood eControl eChannel , no new structure shall be located nearer than forty (40) feet from the outside edge of the bulkhead or from the top of the bank of the Flood Control _._.._...__..._.._...._._ _.. _._..-.---._.._...—.._._.-�_._..._.._-_.---....-.---.._.__...._.._..__...._._.__.._..... _.._..__ Channel . The first 20 feet in depth of any new structure facing 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 75% or more of the footprint of the building. (Refer to Code of the City of Ithaca, Chapter 325, Zoning, Section 325-3 .B. , Definitions and Word Usage, HABITABLE SPACE, NONHABI TABLE SPACE, STORY, PUBLIC SPACEOCCUPIABLE SPACE) Section 4-5 . Chapter 325, Section 325-16 of the Municipal Code of the City of Ithaca entitled "Height Regulations" is hereby amended to add a new subsections-be--knew-ac--to read as follows : "Notwithstanding anything to the contrary contained herein, in the WF-1 district : Q:\PLANNING\PROJECTSV_ONING\Waterfront Zone\CC2-4-04\Ordinance2-10-04.doc Page 4 of 6 2/11/2004 (1) No building shall be erected in any of the areas designated W7laWF la on the official City of Ithaca Zoning Map, map—ent-i-tIe4 "Inlet island Urban Design Plan" dated July 1993 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 ' c a = -. - - - three stories in any of the areas designated WF1bWF lb on the official City of Ithaca Zoning Mapmap entitled "Inlet Island Urban Design Plan" dated July, 1999, 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 WF-lc on the official City of Ithaca Zoning Map, 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 75% of the building area in any of the areas designated WFloWF lcd on the official City of Ithaca Zoning Mapjaap entitld "Inlet island Urban Design Plan", doted July, 1999 a copy of which is on file in the Ithaca City Clerk' s Office. (5) The restrictions contained in this section shall not apply to buildings less than 15 feet (maximum) in height, which are intended, designed and maintained as amenities for adjacent trails such as gazebos and rest rooms . (6) The restrictions contained in this section shall not apply to existing buildings within the designated areas . Such existing buildings may be maintained and repaired provided their height and footprint are not altered so as to make the buildings non-compliant with the restrictions of this subdivision. Section 6 . Chapter 325 , Section 325-18 (C) of the Municipal Code of the City- of Ithaca entitled "Yard Regulations" is hereby amended. to read as follows : C .Reduction in rear yards . When a lot is i ess 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 lot depth is less than said 100 feet; provided, however, that no \PLANNING\PROJECTS\ZONING\Waterfront Zone\CC2-4-04\Ordinance2-10-04.doc Page 5 of 6 2/11/2004 rear yard in any district other than B -lb, B-2b, B-3 , WF-la, WF- lb, WF -lc, WF-ld or P --1 shall be less than 20 feet in depth. (See illustration below. ) [Amended 4-1-1981 by Ord. No. 81-2] Section 706-. 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 �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 . Properties located within the waterfront zoning district are exempt from this requirement . Section 879 . 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 4410 . Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Q:\PLANNING\PROJECTS\ZONING\Waterfront Zone\CC2-4-04\Ord inance2-I0-04.doc Page 6 of 6 D1 P Inlet Island Proposed Zoning -- 1 tiV N k***4 Al II '470 A: *eokfro ,v..04.0.44 *vtfrovo *Acfre-<4. *,..eses4 i it;At= ar'It711',•''sra.,ar• %X.-°.;:i7.i:i'■ it 4 * ' *' Li' 5 F00; .40 .,•-••• , 9 !00; *' iii-•.!:!-•:!, * * 0 i .• ', x VOW *' < VII'II'• 15:71%% ..'■;01J;11 .•*:::. ;01...-%5 ;IV.? *, * ra i-•lo--1: * * .. ..-** '• '',.** \ •a.iv•,.. *' it'";'..;-.!;"!"i"!..."■.."..**;.;;;.4.;;;.;'-'; 5!-T!..? *;,•%- ,**.:*1.0000.:;:;:;:;-:;:■F I,%%V. ':;****F.F.%%%,"00000■0 IT100; *****..!V.W.,. af., %%I •; '*****!!:i1,•:!:!:•:!:!5:!:!:' ;.,!:!:!"...! 4111:31 i;!;!;!;•:•„•70; ;Xil. *..0.!.!.!.!.....•.•_ _.•• • ..1,..!-!-!-\**** :000 •.4*'..d'14 , ', 'at..F0 it4 •••• '.'' 44 : '000 •%-v,;,ra' ie..% . r — •;.-, . "r4'4.).. ••!,,",,, \■ ii Scale:1"=300 WF-la '*4E' '' WF-lc P-0.5** (No Build) **-5V-1 (2-story min,3-story max) WE-lb -..i7.:,F,X4 't.# WF-ld (1 story) >f,' 40' (3-story min,5-story max)m q, CITY OF ITHACA D2 108 East Green Street— 3`d Floor Ithaca, New Itu_1 rml DEPARTMENT OF PLANNING AND DEVELOPMENT 7,110/.019 H. MATTHYS VAN COAT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning, Neighborhoods and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: February 10, 2004 Subject: Proposed Minor Corrections to the City of Ithaca Environmental Quality Review Ordinance The purpose of this memo is to provide information regarding proposed minor changes to the City of Ithaca Environmental Quality Review Ordinance (CEQR). On December 3, 2003, the Common Council adopted a revised CEQR ordinance. Minor changes had been discussed by the previous Council, but were not made to the ordinance before it was adopted. Enclosed is a description of the necessary changes. These changes are minor and therefore do not require that an additional environmental review be completed. Also enclosed for your reference is a copy of the entire adopted CEQR Ordinance with the proposed changes incorporated. Enclosed for your consideration is a draft resolution for the adoption of these changes. If you have any questions on any of the enclosed materials, feel free to contact me at 274- 6410. "An Equal Opportunity Employer with a commitment to workforce diversification." 0 D2 2/10/2004 Draft Resolution: Adoption of the Revisions to the City of Ithaca Environmental Quality Review Ordinance (CEQR) WHEREAS, On December 3, 2003, the Common Council adopted a revised CEQR ordinance, and WHEREAS, when the CEQR Ordinance was adopted minor changes were inadvertently omitted from the final adopted document, and WHEREAS, the City of Ithaca Common Council recognizes that these are minor corrections to the adopted ordinance, and WHEREAS, changes to the City Ordinance are not subject to environmental review, and now therefore be it RESOLVED,That the City of Ithaca Common Council hereby adopts the attached minor revisions to the City Environmental Quality Review Ordinance. Q:IPLANNINGIPROJECTSICEQRO Revisions12004 CorrectionslResolution-Adoption04-03-03.doc D2 Minor Changes to the City of Ithaca Environmental Quality Review Ordinance-2/13/04 1. Replace ">"with the words greater than § 176-4. Type I Actions B. The following actions are Type I if they are to be directly undertaken, funded or approved by an agency: 1. The construction of any of the following: (1) Any other type of residential or lodging facility, dormitory, fraternity, sorority (if residential must be > greater than 10,000 SF), rooming or boarding house, tourist home or facility, motel, hotel or boatel of 15 or more sleeping units, as those terms are defined in the Zoning Law 2. Replace"each agency" with "the City" § 176-5. Type II actions. A. ... B. Each agencyThe City may adopt its own list of Type II actions to supplement the actions in subdivision C of this section. No agency is bound by an action on another agency's Type II list. An agency that identifies an action as not requiring any determination or procedure under this Chapter is not an involved agency. Each of the actions on the Type II list must: 3. Delete sections not applicable to the City CEQR § 176-5. Type II actions. C. The following actions (and any action listed in §617.5 of SEQR as amended) are not subject to review under this Chapter: 36. Actions undertaken, funded or approved prior to the effective dates set forth in SEAR (see Chapters 228 of the Laws of 1976, 253 of the Laws of 1977 and - . -1978) except - :n ac here--it is still practice-le either to rno . --'s -in-tich-a way as-to mitigate potentially adverse environmental impacts. or to choose a feasible or less of--any- ersen----er on--histher-ew.n..-..niotiea.,-:e cite-....t.h 'atio}t.._-of-an environmental---in actstatentet}t—tor--in Me-ease-of-an action-wl e--the responsible agency proposed a modification of the action and the modification an-€:nvi 2ntal-impact :statement-+mist l>e-prepared with respect--to--such modi-tteaattion . 37. Actions requiring a certificate of environmental compatibility and public need under articles VII, VIII or X of the Public Service Law and the consideration of, granting or denial of any such certificate; 38. Actions—s bjeet--to the class-A or c-lam--B--r-egie+al-project j-wistlietthe Adirondack Park Agency or a local government pursuant to § 807, 808 and 809 of the Executive Law, except class B regional projects subject to review by lee-a - rsuant-to § 807 of- - located within the Lake George Park as defined by subdivision one of § '13 0103 of the Environmental Conservation Law; and 4. Change text as follows: § 176-14 Individual Agency Procedures to implement CEQR. C. All agencies are subject to the lists of Type I and Type II actions contained in this Chapter, and must apply the criteria provided in § 176-7.C. of this Part. in addition, agencies may adopt their own lists of Type I actions, in accordance with § 176 'l of this Part and their own lists of Type II actions in accordance with § 176 5 of this Part. D2 Chapter 176 City Environmental Quality Review Ordinance (CEQR)—Adopted 12/3/03 § 176-1. Authority, intent and purpose. A. This Chapter is adopted pursuant to § 8-0113 of the Environmental Conservation Law to implement the provisions of the State Environmental Quality Review Act(SEQR). B. In adopting SEQR, it was the State Legislature's intention that all agencies conduct their affairs with an awareness that they are stewards of the air, water, land and living resources and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations. C. The basic purpose of SEQR and CEQR is to incorporate the consideration of environmental factors into the existing planning, review and decision-making processes of state, regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR and CEQR require that all agencies determine whether the actions they directly undertake, fund or approve may have a significant impact on the environment and, if it is determined that the action may have a significant adverse impact ,prepare or request an environmental impact statement. D. It was the intention of the Legislature and is the intention of the Ithaca City Common Council that the protection and enhancement of the environment and human and community resources should be given appropriate weight with social and economic considerations in determining public policy and that those factors be considered together in reaching decisions on proposed activities. Accordingly, it is the intention of this Chapter that a suitable balance of social, economic and environmental factors be incorporated into the planning and decision-making processes of state, regional and local agencies. It is not the intention of SEQR or CEQR that environmental factors be the sole consideration in decision making. E. This Chapter is intended to provide a citywide regulatory framework for the implementation of CEQR by all local agencies. It includes: 1. Procedural requirements for compliance with the law. 2. Provisions for coordinating multiple agency environmental reviews through a single lead agency (§ 176-6 of this Chapter). 3. Criteria to determine whether a proposed action may have a significant adverse impact on the environment (§ 176-7 of this Chapter). 4. Model assessment forms to aid in determining whether an action may have a significant adverse impact on the environment (Appendixes A, B and C of§ 176- 19 of this Chapter). 5. Examples of actions and classes of actions which are likely to require an EIS (§ 176-4 of this Chapter) and those which will not require an EIS (§ 176-5 of this Chapter). Pagel of 33 § 176-2. Definitions. As used in this Chapter, unless the context otherwise requires, the following terms shall have the meanings indicated: ACT -- Article 8 of the Environmental Conservation Law (SEQR). ACTIONS -- Includes: A. Projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that: 1. Are directly undertaken by an agency; or 2. Involve funding by an agency; or 3. Require one or more new or modified approvals from an agency or agencies. B. Agency planning and policy-making activities that may affect the environment and commit the city to a definite course of future decisions. C. Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions, that may affect the environment, and D. Any combination of the above. AGENCY—A State or local Agency, including the Common Council and any city department, agency, board, public benefit corporation,public authority or commission. The terms "agency" and "city agency" are used interchangeably in this Chapter. APPLICANT -- Any person making an application or other request to an agency to provide funding or to grant an approval in connection with a proposed action. APPROVAL-- A discretionary decision by an agency to issue a permit, certificate, license, lease or other entitlement or to otherwise authorize a proposed project or activity. CITY -- The municipal government of the City of Ithaca. COMMISSIONER-- The Commissioner of the New York State Department of Environmental Conservation. CONDITIONED NEGATIVE DECLARATION (CND) -- A negative declaration issued by a lead agency for an unlisted action involving an applicant, in which the action as initially proposed may result in one or more significant adverse environmental impacts; however, mitigation measures identified and required by the lead agency pursuant to the procedures in § 176-7 will modify the proposed action so that no significant adverse environmental impacts will result. CRITICAL ENVIRONMENTAL AREA (CEA) -- A specific geographic area designated by a state or local agency, having exceptional or unique environmental characteristics that make the area environmentally important. (See § 176-14.E. of this Chapter.) DEC or DEPARTMENT -- The New York State Department of Environmental Conservation. Page2 of 33 DIRECT ACTION or DIRECTLY UNDERTAKEN ACTION--An action planned and proposed for implementation by an agency. "Direct actions" include but are not limited to capital projects, promulgation of agency rules, regulations, laws, codes, ordinances or executive orders and policy-making which commits an agency to a course of action that may affect the environment. ENVIRONMENT -- The physical conditions which will be affected by a proposed action, including land, air,water, minerals, flora, fauna, noise, resources of agricultural, archaeological, historic or aesthetic significance, existing patterns of population concentration, distribution or growth, existing community or neighborhood character and human health. ENVIRONMENTAL ASSESSMENT FORM (EAF) --A form used by an agency to assist it in determining the environmental significance or nonsignificance of an action. A properly completed EAF shall contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment. The model full and short EAF's contained in Appendixes A and C of§ 176-19 of this Chapter may be modified by the Common Council to better serve it in implementing CEQR, provided that the scope of the modified form is as comprehensive as the model. ENVIRONMENTAL IMPACT STATEMENT (EIS) --A written"draft" or"final" document prepared in accordance with § 176-9 and 176-14 of this Chapter. An EIS provides a means for agencies, project sponsors and the public to systematically consider significant adverse environmental impacts, alternatives and mitigation. An EIS facilitates the weighing of social, economic and environmental factors early in the planning and decision-making process. A"draft" EIS is the initial statement prepared by either the project sponser or the lead agency and circulated for review and comment. An EIS may also be generic in accordance with § 176-10 of this Chapter, supplemental in accordance with paragraph § 176-9.A.7 of this Chapter, or federal in accordance with § 176-15 of this Chapter. ENVIRONMENTAL NOTICE BULLETIN (ENB) -- The weekly publication of the Department published pursuant to § 3-0306 of the Environmental Conservation Law. FINDINGS STATEMENT -- A written statement prepared by each involved agency, in accordance with § 176-11 of this Chapter, after a final EIS has been filed, that considers the relevant environmental impacts presented in an EIS, weighs and balances them with social, economic, and other essential considerations, provides a rationale for the agency's decision and certifies that the CEQR requirements have been met. FUNDING-- Any financial support given by an agency, including contracts, grants, subsidies, loans or other forms of direct or indirect financial assistance in connection with a proposed action. IMPACT—Any change or effect on any aspect(s) of the environment. INTERESTED AGENCY -- An agency that lacks the jurisdiction to fund, approve or directly undertake an action but wishes to participate in the review process because of its specific expertise or concern about the proposed action. An interested agency has the same ability to participate in the review process as a member of the public. Page3 of 33 INVOLVED AGENCY -- An agency that has jurisdiction by law to fund, approve or directly undertake an action. If an agency will ultimately make a discretionary decision to fund, approve or undertake an action, then it is an involved agency, notwithstanding that it has not received an application for funding or approval at the time the CEQR process is commenced. The lead agency is also an involved agency. LEAD AGENCY -- An involved agency principally responsible for undertaking , funding or approving an action and therefore responsible for determining whether an environmental impact statement is required in connection with the action and for the preparation and filing of the statement if one is required. MINISTERIAL ACT -- An action performed upon a given statement of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, such as the granting of a hunting or fishing license. MITIGATION—A way to avoid or minimize adverse environmental impacts. NEGATIVE DECLARATION-- A written determination by a lead agency that the implementation of the action as proposed will not result in any significant adverse environmental impacts . A negative declaration may also be a conditioned negative declaration as defined in subdivision § 176-2.D. Negative declarations must be prepared and filed in accordance with § 176-12.A and 176-12.B. of this Chapter. PERMIT -- A permit, license, lease, certificate or other entitlement for use or permission to act that may be granted or given by an agency. PERSON-- Any agency, individual, corporation, governmental entity, partnership, association, trustee or other legal entity. PHYSICAL ALTERATION -- Includes but is not limited to the following activities: vegetation removal; demolition; stockpiling materials; grading and other forms of earth work; dumping, filling or depositing; discharges to air or water; excavation or trenching; application of pesticides, herbicides or other chemicals; application of sewage sludge; dredging, flooding, draining or dewatering; paving; construction of buildings, structures or facilities; and extraction, injection or recharge of resources below ground. POSITIVE DECLARATION-- A written statement prepared by the lead agency indicating that implementation of the action as proposed may have a significant adverse impact on the environment and that an environmental impact statement will be required. Positive declarations must be prepared and filed in accordance with § 176-12.A and §176-12.B. of this Chapter. PROJECT SPONSOR--Any applicant or agency primarily responsible for undertaking an action. RESIDENTIAL --Any facility used for permanent or seasonal, habitation, including but not limited to realty subdivisions, apartments, mobile home parks and campsites offering any utility hookups for recreational vehicles. It does not include such facilities as hotels, hospitals, nursing homes, dormitories or prisons. SCOPING -- The process by which the lead agency identifies the potentially significant adverse impacts related to the proposed action which are to be addressed in the draft EIS, including the content and level of detail of the analysis, the range of alternatives, the Page4 of 33 mitigation measures needed and the identification of nonrelevant issues. Scoping provides a project sponsor with guidance on matters which must be considered and provides an opportunity for early participation by involved agencies and the public in the review of the proposal. SEGMENTATION -- The division of the environmental review of an action such that various activities or stages are addressed under this Chapter as though they were independent, unrelated activities needing individual determinations of significance. STATE AGENCY -- Any state department, agency, board,public benefit corporation, public authority or commission. TYPE I ACTION-- An action or class of actions listed in § 176-4 of this Chapter or in any involved agency's procedures adopted pursuant to § 176-14 of this Chapter. TYPE II ACTION --An action or class of actions which is listed in § 176-5 of this Chapter. When the term is applied in reference to an individual agency's authority to review or approve a particular proposed project or action, it shall also mean an action or class of actions identified as Type II actions in that agency's own procedures to implement CEQR adopted pursuant to § 176-14 of this Chapter. The fact that an action is identified as a Type II action in any agency's procedures does not mean that it must be treated as a Type II action by any other agency not identifying it as a Type II action in its procedures. UNLISTED ACTION-- All actions not identified as a Type I or Type II action in this Chapter, or in the case of a particular agency action, not identified as a Type I or Type II action in the agency's own CEQR procedures. § 176-3. General Rules A. No agency involved in an action may undertake, fund or approve the action until it has complied with the provisions of CEQR. A project sponsor may not commence any physical alteration related to an action until the provisions of CEQR have been complied with, except as provided under § 176-5.C.18, §176-5.C.21 or §176-5.C.28 of this Chapter. An involved agency may not issue its findings and decision on an action if it knows any other involved agency has determined that the action may have a significant adverse impact on the environment until a final EIS has been filed, except as provided under § 176-9.A.5(a) of this Chapter. B. City environmental quality review does not change the existing jurisdiction of agencies. City environmental quality review provides all involved agencies with the authority, following the filing of a final EIS and written findings statement or pursuant to § 176-7.D of this Chapter, to impose substantive conditions upon an action to ensure that the requirements of this Chapter have been satisfied. The conditions imposed must be practicable and reasonably related to impacts identified in the EIS or the conditioned negative declaration. C. An application for agency funding or approval of a Type I or unlisted action shall not be complete until: 1. A negative declaration has been issued; or Page5 of 33 • 2. Until a draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. When the draft EIS is accepted, the CEQR process will run concurrently with other procedures relating to the review and approval of the action, if reasonable time is provided for preparation,review and public hearings with respect to the draft EIS. D. The lead agency will make every reasonable effort to involve project sponsors, other agencies and the public in the CEQR process. Early consultations initiated by agencies can serve to narrow issues of significance and to identify areas of controversy relating to environmental issues, thereby focusing the impacts and alternatives requiring in-depth analysis in an EIS. E. Each agency involved in a proposed action has the responsibility to provide the lead agency with information it may have which may assist the lead agency in making its determination of significance,to identify potentially significant adverse impacts in the scoping process, to comment in a timely manner on the EIS if it has concerns which need to be addressed and to participate as may be needed in any public hearing. Interested agencies are strongly encouraged to make known their views on the action, particularly with respect to their areas of expertise and jurisdiction. F. No CEQR determination of significance, EIS or findings statement is required for actions which are Type II. G. Actions commonly consist of a set of activities or steps. The entire set of activities or steps must be considered the action,whether the agency decision-making relates to the action as a whole or to only a part of it. 1. Considering only a part or segment of an action is contrary to the intent of CEQR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance, and any subsequent EIS, the supporting reasons and must demonstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible. 2. If it is determined that an EIS is necessary for an action consisting of a set of activities or steps, only one draft and one final EIS need be prepared on the action provided that the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of the significant adverse environmental impacts . Except for a supplement to a generic environmental impact statement (see § 176-10.D.4 of this Chapter), a supplement to a draft or final EIS will only be required in the circumstances prescribed in § 176-9.A.7 of this Chapter. H. Agencies shall carry out the terms and requirements of this Chapter with minimum procedural and administrative delay, must avoid unnecessary duplication of reporting and review requirements by providing, where feasible, for combined or consolidated proceedings, and shall expedite all CEQR proceedings in the interest of prompt review. I. Time periods in this Chapter may be extended by mutual agreement between a project sponsor and the lead agency, with notice to all other involved agencies by the lead agency. Page6 of 33 J. The City of Ithaca Conservation Advisory Council has no specific responsibility for implementing the City Environmental Quality Review Ordinance, except that its input and assistance shall be solicited for all actions for which a short or long environmental assessment form has been prepared and for all action for which a positive declaration is made or a draft environmental impact statement is prepared. § 176-4. Type I Actions A. The purpose of the list of Type I actions in this section is to identify, for agencies, project sponsors and the public, those actions and projects that are more likely to require the preparation of an EIS than Unlisted actions. All agencies are subject to this Type I list. This Type I list is not exhaustive of those actions that an agency determines may have a significant adverse impact on the environment and require the preparation of an EIS. However, the fact that an action or project has been listed as a Type I action carries with it the presumption that it is likely to have a significant adverse impact on the environment and may require an EIS. For all individual actions which are Type I or Unlisted, the determination of significance must be made by comparing the impacts which may be reasonably expected to result from the proposed action with the criteria listed in § 176-7.0 of this Chapter. [Amended 9-2-1992 by Ord. No. 92- 11] B. The following actions are Type I if they are to be directly undertaken, funded or approved by an agency: 1. The construction of any of the following: (a) Heliports (b) Construction or expansion of greater than 10,000 square feet of a Public institution, such as hospitals, schools and buildings within institutions of higher learning, correction facilities and major office centers (or demolition of any of the foregoing). (c) New Road or Highway Sections (d) Parking facilities or other facilities with an associated parking area for 100 or more cars. (e) Any facility, development or project which, when complete, would generate truck traffic (three-axle or more) of more than 10 vehicles per eight-hour period per day. (f) Incinerators operating at a refuse-charging rate exceeding 2.5 tons of refuse per twenty-four-hour day (g) Any facility, development or project which would result in the generation, transport or storage of nuclear materials. Pagel of 33 (h) Any "unlisted action" (with the exception of minor subdivisions) occurring wholly or partially within 100 feet of any of the following: [1] Freshwater wetlands, as defined in Article 24 in the Environmental Conservation Law. [2] Fall Creek (including its associated gorge and rim area between the outlet of Beebe Lake and Lake Street), Six Mile Creek (including its associated gorge and rim area between the southern boundary of the city and Aurora Street), Cascadilla Creek(including its associated gorge and rim area between Campus Road and Linn Street), Linderman Silver Creek(also known as "Cliff Park Brook,") including its associated gorge and rim area) and the Cayuga Inlet, along their courses within city boundaries. [3] Unique natural areas as adopted by the Common Council. [4] Any historic building, structure, facility, site or district or prehistoric site listed on the National Register of Historic Places or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in said National Register or that is listed on the State Register of Historic Places or that is designated under the City of Ithaca Landmarks Preservation Ordinance, provided that this item does not include any otherwise unlisted action that is designed for the preservation of the facility or site. (i) Any facility, development or project which would generate more than five hundred(500) vehicle trips per any eight-hour period per day. (j) Any industrial facility(or demolition thereof). (k) Construction of new residential units that meet or exceed the following thresholds: A residential development or subdivision of 15 or more dwelling units, as that term is defined in § 325-3 of Chapter 325, Zoning, (or demolition thereof). (1) Any other type of residential or lodging facility, dormitory, fraternity, sorority(if residential must be greater than 10,000), rooming or boarding house, tourist home or facility, motel, hotel or boatel of 15 or more sleeping units, as those terms are defined in the Zoning Law (m) Bridges (or demolition thereof) (n) Any facility with more than 50,000 square feet of gross floor area 2. Clear-cutting or removal of vegetation from more than 1/2 acre. 3. The adoption of a land use plan, the adoption by any agency of a comprehensive resource management plan or the initial adoption of comprehensive zoning regulations. Page8 of 33 4. The acquisition, lease, annexation, transfer or sale by a public agency of more than 2.5 contiguous acres of land. 5. Any project or action which exceeds 25% of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 CFR 62 (1986). 6. The granting of any zoning change at the request of an applicant for an action that meets or exceeds one or more of the thresholds given elsewhere in this list. 7. The adoption of zoning map changes and changes in the allowable uses within any zoning district, affecting 2 or more acres of the district. 8. Activities, other than the construction of residential facilities, that meet or exceed any of the following thresholds; or the expansion of existing nonresidential facilities by more than 50 percent of the following thresholds: (a) A project or action that involves the physical alteration of 5 or more acres; (b) A project or action that would use ground or surface water in excess of 250,000 gallons per day; 9. Any Unlisted action, that exceeds a Type I threshold established by an involved agency pursuant to §176-14 of this Chapter, § 176-5. Type II actions. A. Actions or classes of actions identified in subdivision C of this section are not subject to review under this Chapter. These actions have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review under Environmental Conservation Law, article 8. The actions identified in subdivision C of this section apply to all agencies. B. The City may adopt its own list of Type II actions to supplement the actions in subdivision C of this section. No agency is bound by an action on another agency's Type II list. An agency that identifies an action as not requiring any determination or procedure under this Chapter is not an involved agency. Each of the actions on the Type II list must: 1. In no case, have a significant adverse impact on the environment based on the criteria contained in subdivision 176-7.0 of this Chapter; and 2. Not be a Type I action as defined in § 176-4 of this Chapter. C. The following actions (and any action listed in §617.5 of SEQR as amended) are not subject to review under this Chapter: 1. Maintenance or repair involving no substantial changes in an existing structure or facility; Page9 of 33 2. Replacement,rehabilitation or reconstruction of a facility in kind on the same site, including upgrading buildings to meet building or fire codes, unless such action meets or exceeds any of the thresholds in § 176-4 of this Chapter; 3. Repaving of existing highways not involving the addition of new travel lanes. 4. Street openings and right-of-way openings for the purpose of repair or replacement or maintenance of existing utility facilities. 5. Maintenance of existing landscaping or natural growth; 6. Construction or expansion of a primary or accessory/appurtenant, nonresidential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls,but not radio communication or microwave transmission facilities; 7. Routine activities of educational institutions, including expansion of existing facilities by less than 10,000 square feet of gross floor area and school closings but not changes in use related to such closings; 8. Construction or expansion of a single-family, a two family, or a three family residence on an approved lot including provision of necessary utility connections as provided in paragraph (11); 9. Construction, expansion, or placement of minor accessory/appurtenant residential structures, including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or other buildings not changing land use or density; 10. Extension of utility distribution facilities, including gas, electric, telephone, cable, water and sewer connections to render service in approved subdivisions or in connection with any action on this list; 11. Granting of individual setback and lot line variances; 12. Granting of an area variance(s) for a single-family, two-family or three-family residence; 13. Public or private best forest management (silvicultural) practices on less than 5 acres of land,but not including waste disposal, land clearing not directly related to forest management, clear-cutting or the application of herbicides or pesticides; 14. Minor temporary uses of land having negligible or no permanent impact on the environment; 15. Installation of traffic control devices on existing streets, roads and highways 16. Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns 17. Information collection, including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any Type I or Unlisted action; Pagel()of 33 . 18. Official acts of a ministerial nature involving no exercise of discretion, including building permits and historic preservation permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building or preservation code(s); 19. Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; 20. Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action,provided those activities do not commit the agency to commence, engage in or approve such action; 21. Collective bargaining activities; 22. Investments by or on behalf of agencies or pension or retirement systems, or refinancing of existing debt; 23. Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; 24. Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides or other hazardous materials; 25. License, lease and permit renewals or transfers of ownership thereof, where there will be no material change in permit conditions or the scope of permitted activities; 26. Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; 27. Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this Chapter have been fulfilled; 28. Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion; 29. Adoption of a moratorium on land development or construction; 30. Interpreting an existing code, rule, or regulation; 31. Designation of local landmarks or their inclusion within historic districts; 32. Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources,provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to the environment. Any decision to fund, approve, or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this Chapter; Pagell of 33 33. Actions requiring a certificate of environmental compatibility and public need under articles VII, VIII or X of the Public Service Law and the consideration of, granting or denial of any such certificate; 34. Actions of the Legislature and the Governor of the State of New York or of any court, but not actions of local legislative bodies except those local legislative decisions such as rezoning where the local legislative body determines the action will not be entertained. § 176-6. Initial Review of Actions and Establishing Lead Agency 1. Initial review of actions (a) As early as possible in an agency's formulation of an action it proposes to undertake, or as soon as an agency receives an application for a funding or approval action, it shall do the following: (1) Determine whether the action is subject to CEQR. If the action is a Type II action, the agency shall have no further responsibilities under this Chapter. (2) Determine whether the action involves a federal agency. If the action involves a federal agency, the provisions of§ 176-15 of this Chapter apply. (3) Determine whether the action may involve one or more other agencies. (4) Make a preliminary classification of an action as Type I or Unlisted, using the information available and comparing it with the thresholds set forth in § 176-4 of this Chapter. Such preliminary classification will assist in determining whether a full EAF and coordinated review is necessary. 2. For Type I actions, a full EAF (see § 176-19, Appendix A, of this Chapter)must be used to determine the significance of such actions. The project sponsor must complete Part 1 of the full EAF, including a list of all other involved agencies which the project sponsor has been able to identify, exercising all due diligence. The lead agency is responsible for preparing Part 2 and, as needed, Part 3. 3. For Unlisted actions, the short EAF (see § 176-19, Appendix C, of this Chapter) must be used to determine the significance of such actions. However, an agency may instead use the full EAF for Unlisted actions if the short EAF would not provide the lead agency with sufficient information on which to base its determination of significance. The lead agency may require other information necessary to determine significance. 4. An agency may waive the requirement for an EAF if a draft EIS is prepared or submitted. The draft EIS may be treated as an EAF for the purpose of determining significance. 5. Any city agency receiving or filling out an environmental assessment form shall, within five days, provide a copy of the document to the Chairperson of the City Pagel2 of 33 Conservation Advisory Council and to the Common Council liaisons to the Conservation Advisory Council for their comments and recommendations. B. Establishing Lead Agency 1. When a single agency is involved, that agency will be the lead agency when it proposes to undertake, fund or approve a Type I or Unlisted action that does not involve another agency. (a) If the agency is directly undertaking the action, it must determine the significance of the action as early as possible in the design or formulation of the action. (b) If the agency has received an application for funding or approval of the action, it must determine the significance of the action within 20 calendar days of its receipt of the application, and EAF or any additional information reasonably necessary to make that determination, whichever is later. 2. When more than one agency is involved: (a) For all Type I actions and for coordinated review of Unlisted actions involving more than one agency, a lead agency must be established prior to a determination of significance. For Unlisted actions where there will be no coordinated review, the procedures in § 176-6.B.4 of this Chapter must be followed. (b) When an agency has been established as the lead agency for an action involving an applicant and has determined that an EIS is required, it must, in accordance with § 176-12.B. of this Chapter,promptly notify the applicant and all other involved agencies, in writing, that it is the lead agency, and that and EIS is required and whether scoping will be conducted. (c) The lead agency will continue in that role until it files either a negative declaration or a findings statement or a lead agency is reestablished in accordance with § 176-6.B.6 of this Chapter. 3. Coordinated review. (a) When an agency proposes to directly undertake, fund or approve a Type I action or an Unlisted action undergoing coordinated review with other involved agencies, it must, as soon as possible, transmit Part 1 of the EAF completed by the project sponsor, or a draft EIS and a copy of any application it has received to all involved agencies and notify them that a lead agency must be agreed upon within 30 calendar days of the date the EAF or draft EIS was transmitted to them. For the purposes of this Part, and unless otherwise specified by the department, all coordination and filings with the department as an involved agency must be with the appropriate regional office of the department. (b) The lead agency must determine the significance of the action within 20 calendar days of its establishment as lead agency, or within 20 calendar days of its receipt of all information it may reasonably need to make the Pagel3 of 33 determination of significance, whichever occurs later, and shall immediately prepare, file and publish the determination in accordance with § 176-12 of this Chapter. (c) If a lead agency exercises due diligence in identifying all other involved agencies and provides written notice of its determination of significance to the identified involved agencies, then no involved agency may later require the preparation of an EAF, a negative declaration or an EIS in connection with the action. The determination of significance issued by the lead agency following coordinated review is binding on all other involved agencies. 4. Uncoordinated review for Unlisted actions involving more than one agency. (a) An agency conducting an uncoordinated review may proceed as if it were the only involved agency pursuant to subdivision A of this section unless and until it determines that an action may have a significant adverse impact on the environment. (b) If an agency determines that the action may have a significant adverse impact on the environment, it must coordinate with other involved agencies. (c) At any time prior to its agency's final decision, an agency may have its negative declaration superseded by a positive declaration by any other involved agency. 5. Actions for which a lead agency cannot be agreed upon. (a) If,within the 30 calendar days allotted for establishment of lead agency, the involved agencies are unable to agree upon which agency will be the lead agency, any involved agency or the project sponsor may request, by certified mail or other form of receipted delivery to the commissioner, that a lead agency be designated. Simultaneously, copies of the request must be sent by certified mail or other form of receipted delivery to all involved agencies and the project sponsor. Any agency raising a dispute must be ready to assume the lead agency functions if such agency is designated by the commissioner. (b) The request must identify each involved agency's jurisdiction over the action, and all relevant information necessary for the commissioner to apply the criteria in subparagraph (v) of this subdivision, and state that all comments must be submitted to the commissioner within 10 calendar days after receipt of the request. (c) Within 10 calendar days of the date a copy of the request is received by them, involved agencies and the project sponsor may submit to the commissioner any comments they may have on the action. Such comments must contain the information indicated in subparagraph (ii) of this subdivision. (d) The commissioner must designate a lead agency within 20 calendar days of the date the request or any supplemental information the commissioner has Pagel4 of 33 required is received, based on a review of the facts, the criteria below, and any comments received. (e) The commissioner will use the following criteria, in order of importance, to designate lead agency: (1) whether the anticipated impacts of the action being considered are primarily of statewide, regional, or local significance (i.e., if such impacts are of primarily local significance, all other considerations being equal, the local agency involved will be lead agency); (2) which agency has the broadest governmental powers for investigation of the impact(s) of the proposed action; and (3) which agency has the greatest capability for providing the most thorough environmental assessment of the proposed action (f) Notice of the commissioner's designation of lead agency will be mailed to all involved agencies and the project sponsor. 6. Re-establishment of lead agency. (a) Re-establishment of a lead agency may occur by agreement of all involved agencies in the following circumstances: (1) For a supplement to a final EIS or generic EIS. (2) Upon failure of the lead agency's basis of jurisdiction; or (3) Upon agreement of the project sponsor prior to the acceptance of a draft EIS. (b) Disputes concerning re-establishment of lead agency for a supplement to a final EIS or generic EIS are subject to the designation procedures contained in § 176-6.B.6 of this Chapter. (c) Notice of re-establishment of lead agency must be given by the new lead agency to the project sponsor within 10 days of its establishment. 176-7. Determining significance. Pagel5 of 33 A. The lead agency must determine the significance of any Type I or Unlisted Action, in writing in accordance with this section. 1. To require an EIS for a proposed action, the lead agency must determine that the action may include the potential for at least one significant adverse environmental impact. 2. To determine that an EIS will not be required for an action, the lead agency must determine either that there will be no adverse environmental impacts or that the identified environmental effects will not be significant. B. For all Type I and Unlisted Actions the lead agency making a determination of significance must: 1. Consider the action as defined in the definition in § 176-2.A. "Actions" and § 176-3.G. of this Chapter. 2. Review the EAF, the criteria contained in subdivision C of this section and any other supporting information to identify the relevant areas of environmental concern. 3. Thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment.; and 4. Set forth its determination of significance in a written form containing a reasoned elaboration and providing reference to any supporting documentation. Page16 of 33 C. Criteria for determining significance. 1. To determine whether a proposed Type I or Unlisted action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action must be compared against the criteria in this section. The following list is illustrative, not exhaustive. These criteria are considered indicators of significant adverse impacts on the environment. (a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; or a substantial increase in potential for erosion, flooding, leaching or drainage problems; (b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources; (c) The impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to § 176-14.E of this Chapter; (d) The creation of a material conflict with the city's current plans or goals as officially approved or adopted; (e) The impairment of the character or quality of important historical, archaeological, architectural or aesthetic resources or of existing community or neighborhood character; (f) A major change in the use of either the quantity or type of energy; (g) The creation of a hazard to human health; (h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses; (i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action; (j) The creation of a material demand for other actions which would result in one of the above consequences; (k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment,but which, when considered together result in a substantial adverse impact on the environment; or (1) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but which, when considered cumulatively, would meet one or more of the criteria in this section. Pagel?of 33 2. For the purpose of determining whether an action may cause one of the consequences listed in paragraph (1) of this section, the lead agency must consider reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions which are: (a) Included in any long-range plan of which the action under consideration is a part; (b) Likely to be undertaken as a result thereof; or (c) Dependent thereon. 3. The significance of a likely consequence (i.e. whether it is material, substantial, large or important) should be assessed in connection with: (a) Its setting; (b) Its probability of occurrence; (c) Its duration; (d) Its irreversibility (e) Its geographic scope; (f) Its magnitude; and (g) The number of people affected. D. Conditioned negative declarations. 1. For Unlisted actions involving an applicant, a lead agency may prepare a conditioned negative declaration of significance (CND),provided that it: (a) Has completed a full EAF;. (b) Has completed a coordinated review in accordance with § 176-6.0 of this Chapter; (c) Has imposed CEQR conditions pursuant to § 176-3.B of this Chapter that have mitigated all significant environmental impacts and are supported by the full EAF and any other documentation; (d) Has published a notice of a CND in the ENB and a minimum 30 day public comment period has been provided. The notice must state what conditions have been imposed. An agency may also use its own public notice and review procedures,provided that the notice states that a CND has been issued, states what conditions have been imposed and allows for a minimum 30 day public comment period; and (e) Has complied with § 176-7.B and § 176-12.A and B of this Chapter. 2. A lead agency must rescind the CND and issue a positive declaration requiring the preparation of a draft EIS if it receives substantive comments that identify: (a) Potentially significant adverse environmental impacts that were not previously identified and assessed or were inadequately assessed in the review; or Page 18 of 33 (b) A substantial deficiency in the proposed mitigation measures. 3. The lead agency must require an EIS if requested by the applicant. E. Amendment of a negative declaration. 1. At any time prior to its decision to undertake, fund, or approve an action, a lead agency, at its discretion, may amend a negative declaration when substantive: (a) Changes are proposed for the project; or (b) New information is discovered; or (c) Changes in circumstances related to the project arise; that were not previously considered and the lead agency determines that no significant adverse environmental impacts will occur. 2. The lead agency must prepare, file and publish the amended negative declaration in accordance with § 176-12 of this Chapter. The amended negative declaration must contain reference to the original negative declaration and discuss the reasons supporting the amended determination. F. Rescission of negative declarations. 1. At any time prior to its decision to undertake, fund or approve an action, a lead agency must rescind a negative declaration when substantive: (a) changes are proposed for the project; or (b) new information is discovered; or (c) changes in circumstances related to the project arise; that were not previously considered and the lead agency determines that no significant adverse environmental impact will occur. 2. Prior to any rescission, the lead agency must inform other involved agencies and the project sponsor and must provide a reasonable opportunity for the project sponsor to respond. 3. If, following a reasonable notice to the project sponsor, its determination is the same, the lead agency must prepare, file, and publish a positive declaration in accordance with § 176-12 of this Chapter. § 176-8. Scoping A. The primary goals of scoping are to focus the EIS on potentially significant adverse impacts and to eliminate consideration of those impacts that are irrelevant or nonsignificant. Scoping is not required. Scoping may be initiated by the lead agency or the project sponsor.. B. If scoping is conducted, the project sponsor must submit a draft scope that contains the items identified in § 176-8.F.1 through 5 of this section to the lead agency. The lead agency must provide a copy of the draft scope to all involved agencies, and make it available to any individual or interested agency that has expressed an interest in writing to the lead agency. Pagel9 of 33 C. If scoping is not conducted, the project sponsor may prepare a draft EIS for submission to the lead agency. D. Involved agencies should provide written comments reflecting their concerns, jurisdictions and information needs sufficient to ensure that the EIS will be adequate to support their CEQR findings. Failure of an involved agency to participate in the scoping process will not delay completion of the final written scope. E. Scoping must include an opportunity for public participation. The lead agency may either provide a period of time for the public to review and provide written comments on a draft scope or provide for public input through the use of meetings, exchanges of written material, or other means. F. The lead agency must provide a final written scope to the project sponsor, all involved agencies and any individual that has expressed an interest in writing to the lead agency within 60 days of its receipt of a draft scope. The final written scope should include: 1. A brief description of the proposed action; 2. The potentially significant adverse impacts identified both in the positive declaration and as a result of consultation with the other involved agencies and the public, including an identification of those particular aspect(s) of the environmental setting that may be impacted; 3. The extent and quality of information needed for the preparer to adequately address each impact, including an identification of relevant existing information, and required new information, including the methodology(ies) for obtaining new information; 4. An initial identification of mitigation measures; 5. The reasonable alternatives to be considered; 6. An identification of the information/data that should be included in an appendix rather than the body of the draft EIS; and 7. Those prominent issues that were raised during scoping and determined not to be relevant or not environmentally significant or that have been adequately addressed in a prior environmental review. G. All relevant issues should be raised before the issuance of a final written scope. Any agency or person raising issues after that time must provide to the lead agency and project sponsor a written statement that identifies: 1. The nature of the information 2. The importance and relevance of the information to a potential significant impact 3. The reason(s) why the information was not identified during scoping and why it should be included at this stage of review. H. The project sponsor may incorporate information submitted consistent with § 176-8.G of this section into the draft EIS at its discretion. Any substantive information not Page20 of 33 incorporated into the draft EIS must be considered as public comment on the draft EIS. I. If the lead agency fails to provide a final written scope within 60 calendar days of its receipt of a draft scope, the project sponsor may prepare and submit a draft EIS consistent with the submitted draft scope. § 176-9. Preparation and Content of Environmental Impact Statements procedures. A. Environmental impact statement procedures 1. The project sponsor or the lead agency, at the project sponsor's option, will prepare the draft EIS. If the project sponsor does not exercise the option to prepare the draft EIS, the lead agency will prepare it, cause it to be prepared or terminate its review of the action. A fee may be charged by the lead agency for preparation or review of an EIS pursuant to § 176-13 of this Chapter. When the project sponsor prepares the draft EIS, the document must be submitted to the lead agency. 2. The lead agency will use the final written scope, if any, and the standards contained in this section to determine whether to accept the draft EIS as adequate with respect to its scope and content for the purpose of commencing public review. This determination must be made in accordance with the standards in this section within 45 days of receipt of the draft EIS. (a) If the draft EIS is determined to be inadequate, the lead agency must identify in writing the deficiencies and provide this information to the project sponsor. (b) The lead agency must determine whether to accept the resubmitted draft EIS within 30 days of its receipt. 3. When the lead agency has completed a draft EIS or when it has determined that a draft EIS prepared by a project sponsor is adequate for public review, the lead agency must prepare, file and publish a notice of completion of the draft EIS and file copies of the draft EIS in accordance with the requirements set forth in § 176- 12 of this Chapter. The minimum public comment period on the draft EIS is 30 days. The comment period begins with the first filing and circulation of the notice of completion. 4. When the lead agency has completed a draft EIS or when it has determined that a draft EIS prepared by a project sponsor is adequate for public review, the lead agency will determine whether or not to conduct a public hearing concerning the action. In determining whether or not to hold a CEQR hearing, the lead agency will consider the degree of interest in the action shown by the public or involved agencies; whether substantive or significant adverse environmental impacts have been identified; the adequacy of the mitigation measures and alternatives proposed; and the extent to which a public hearing can aid the agency decision- making processes by providing a forum for, or an efficient mechanism for the collection of public comment. If a hearing is to be held: Page21 of 33 (a) The lead agency must prepare and file a notice of hearing in accordance with § 176-12.A and B of this Chapter. Such notice may be contained in the notice of completion of the draft EIS. The notice of hearing must be published, at least 14 calendar days in advance of the public hearing in a newspaper of general circulation in the area of the potential impacts of the action. (b) The hearing will commence no less than 15 calendar days or nor more than 60 calendar days after the filing of the notice of completion of the draft EIS by the lead agency pursuant to § 176-12.B. of this Chapter. When a CEQR hearing is to be held, it should be conducted with other public hearings on the proposed action whenever practicable. (c) Comments will be received and considered by the lead agency for no less than 30 calendar days from the first filing and circulation of the notice of completion, or no less than 10 calendar days following a public hearing at which the environmental impacts of the proposed action are considered, whichever is later. 5. Except as provided in Subsection a of this section, the lead agency shall prepare or cause to be prepared and must file a final EIS, within 45 calendar days after the close of any hearing or within 60 calendar days after the filing of the draft EIS, whichever occurs later. (a) No final EIS need be prepared if: (1) The proposed action has been withdrawn or, (2) On the basis of the draft EIS, and comments made thereon, the lead agency has determined that the action will not have a significant adverse impact on the environment. A negative declaration must then be prepared, filed and published in accordance with this Chapter. (b) The last date for preparation and filing of the final EIS may be extended: (1) If it is determined that additional time is necessary to prepare the statement adequately; or (2) If problems with the proposed action requiring material reconsideration or modification have been identified. 6. When the lead agency has completed a final EIS, it must prepare, file and publish a Notice of Completion of the final EIS and file copies of the final EIS in accordance with § 176-12 of this Chapter. 7. Supplemental EIS's. (a) The lead agency may require a supplemental EIS, limited to specific significant adverse environmental impacts not addressed or inadequately addressed in the EIS, that arise from: (1) Changes proposed for the project; or (2) Newly discovered information; or Page22 of 33 (3) A change in circumstances related to the project; (b) The decision to require preparation of a supplemental EIS, in the case of newly discovered information, shall be based upon the following criteria: (1) The importance and relevance of the information. (2) The present state of the information in the EIS. (c) If a supplement is required, it will be subject to the full procedures of this Chapter. B. Environmental Impact Statement Content 1. An EIS must assemble relevant and material facts upon which an agency's decision is to be made. It must analyze the significant adverse impacts and evaluate all reasonable alternatives. EISs must be analytical and not encyclopedic. The lead agency and other involved agencies must cooperate with project sponsors who are preparing EIS's by making available to them information contained in their files relevant to the EIS. 2. EISs must be clearly and concisely written in plain language that can be read and understood by the public. Within the framework presented in § 176-9.B.5 of this section, EIS's should address only those potential significant, adverse environmental impacts that can be reasonably anticipated and/or have been identified in the scoping process. EISs should not contain more detail than is appropriate considering the nature and magnitude of the proposed action and the significance of its potential impacts. Highly technical material should be summarized and, if it must be included in its entirety, should be referenced in the statement and included in an appendix. 3. All draft and final EIS's must be preceded by a cover sheet stating: (a) Whether it is a draft or final EIS; (b) The name or descriptive title of the action; (c) The location(county and town, village or city) and street address, if applicable, of the action; (d) The name and address of the lead agency and the name and telephone number of a person at the agency who can provide further information; (e) The names of individuals or organizations that prepared any portion of the statement; (f) The date of its acceptance by the agency; and (g) In the case of a draft EIS, the date by which comments must be submitted. 4. A draft or final EIS must have a table of contents following the cover sheet and a precise summary which adequately and accurately summarizes the statement. 5. The format of the draft EIS may be flexible; however, all draft EISs must include the following elements: Page23 of 33 (a) A concise description of the proposed action, its purpose, public need and benefits, including social and economic considerations; (b) A concise description of the environmental setting of the areas to be affected sufficient to understand the effects of the proposed action and alternatives; (c) A statement and evaluation of the potential significant adverse environmental impacts at a level of detail that reflects the severity of the impacts and the reasonable likelihood of their occurrence. The draft EIS should identify and discuss the following only where applicable and significant: (1) Reasonably related short-term and long-term impacts, cumulative impacts and other associated environmental impacts; (2) Those adverse environmental impacts that cannot be avoided or adequately mitigated if the proposed action is implemented; (3) Any irreversible and irretrievable commitments of environmental resources that would be associated with the proposed action should it be implemented; (4) Any growth inducing aspects of the proposed action; (5) A discussion of the effects of the proposed action on the use and conservation of energy(for an electric generating facility, the statement must include a demonstration that the facility will satisfy electric generating capacity needs or other electric systems needs in a manner reasonably consistent with the most recent state energy plan); (6) Impacts of the proposed action on solid waste management and its consistency with the state or locally adopted solid waste management plan; (d) A description of mitigation measures; (e) A description and evaluation of the range of reasonable alternatives to the action that are feasible, considering the objectives and capabilities of the project sponsor. The description and evaluation of each alternative should be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed. The range of alternatives should include the no action alternative. The no action alternative discussion should evaluate the adverse or beneficial site changes that are likely to occur in the reasonably foreseeable future, in the absence of the proposed action. The range of alternatives may also include, as appropriate, alternative: (1) Sites; (2) Technology; (3) Scale or magnitude; (4) Design; Page24 of 33 (5) Timing; (6) Use; and (7) Types of action. For private project sponsors, any alternative for which no discretionary approvals are needed may be described. Site alternatives may be limited to parcels owned by, or under option to, a private project sponsor; (f) A list of any underlying studies, reports, EISs and other information obtained and considered in preparing the statement including the final written scope. 6. In addition to the analysis of significant adverse impacts required in § 176- 9.B.5(c) of this Chapter, if information about reasonably foreseeable catastrophic impacts to the environment is unavailable because the cost to obtain it is exorbitant, or the means to obtain it are unknown, or there is uncertainty about its validity, and such information is essential to an agency's CEQR findings, the EIS must: (a) Identify the nature and relevance of unavailable or uncertain information; (b) Provide a summary of existing credible scientific evidence, if available; and (c) Assess the likelihood of occurrence, even if the probability of occurrence is low, and the consequences of the potential impact, using theoretical approaches or research methods generally accepted in the scientific community. This analysis would likely occur in the review of such actions as a liquid propane gas/liquid natural gas facility or the siting of a hazardous waste treatment facility. It should not apply in the review of such actions as shopping malls,residential subdivisions or office facilities. 7. A draft or final EIS may incorporate by reference all or portions of other documents, including EISs that contain information relevant to the statement. The referenced documents must be made available for inspection by the public within the time period for public comment in the same places where the agency makes available copies of the EIS. When an EIS incorporates by reference, the referenced document shall be briefly described, its applicable findings summarized, and the date of its preparation provided. 8. A final EIS must consist of: the draft EIS, including any revisions or supplements to it; copies or a summary of the substantive comments received and their source (whether or not the comments were received in the context of a hearing); and the lead agency's responses to all substantive comments. The draft EIS may be directly incorporated into the final EIS or may be incorporated by reference. The lead agency is responsible for the adequacy and accuracy of the final EIS, regardless of who prepares it. All revisions and supplements to the draft EIS shall be specifically indicated and identified as such in the final EIS. § 176-10. Generic environmental impact statements. A. Generic EIS's may be broader and more general than site or project specific EISs and should discuss the logic and rationale for the choices advanced. They may also Page25 of 33 include an assessment of specific impacts if such details are available. They may be based on conceptual information in some cases. They may identify the important elements of the natural resource base as well as the existing and projected cultural features, patterns and character. They may discuss in general terms the constraints and consequences of any narrowing of future options. They may present and analyze in general terms a few hypothetical scenarios that could and are likely to occur. A generic EIS may be used to assess the environmental impacts of: 1. A number of separate actions which, if considered singly, may have minor impacts but, if considered together, may have significant impacts, or 2. A sequence of actions, contemplated by a single agency or individual; or 3. Separate actions having generic or common impacts; or 4. An entire program or plan having wide application or restricting the range of future alternative policies or projects, including new or significant changes to existing land use plans, development plans, zoning regulations or agency comprehensive resource management plans. B. In particular, agencies may prepare generic EISs on the adoption of a comprehensive plan prepared in accordance with subdivision 4, section 28-a of the General City Law and the implementing regulations. Impacts of individual actions proposed to be carried out in conformance with these adopted plans and regulations and the thresholds or conditions identified in the generic EIS may require no or limited CEQR review as described in subdivisions C and D of the section. C. Generic EIS's and their findings should set forth specific conditions or criteria under which future actions will be undertaken or approved, including requirements for any subsequent CEQR compliance. This may include thresholds and criteria for supplemental EISs to reflect specific significant impacts, such as site specific impacts,that were not adequately addressed or analyzed in the generic EIS. D. When a final generic EIS has been filed under this Chapter: 1. No further CEQR compliance is required if a subsequent proposed action will be carried out in conformance with the conditions and thresholds established for such actions in the generic EIS or its findings statement; 2. An amended findings statement must be prepared if the subsequent proposed action was adequately addressed in the generic EIS but was not addressed or was not adequately addressed in the findings statement for the generic EIS; 3. A negative declaration must be prepared if a subsequent proposed action was not addressed or was not adequately addressed in the generic EIS and the subsequent action will not result in any significant environmental impacts; 4. A supplement to the final generic EIS must be prepared if the subsequent proposed action was not addressed or was not adequately addressed in the generic EIS and the subsequent action may have one or more significant adverse environmental impacts. Page26 of 33 E. In connection with projects that are to be developed in phases or stages, agencies should address not only the site specific impacts of the individual project under consideration,but also, in more general or conceptual terms, the cumulative impacts on the environment and the existing natural resource base of subsequent phases of a larger project or series of projects that may be developed in the future. In these cases, this part of the generic EIS must discuss the important elements and constraints present in the natural and cultural environment that may bear on the conditions of an agency decision on the immediate project. § 176-11. Decision Making and Findings Requirements. A. Prior to the lead agency's decision on an action which has been the subject of a final EIS, it shall afford agencies and the public a reasonable time period(not less than 10 calendar days) in which to consider the final EIS before issuing its written findings statements. If a project modification or change of circumstances related to the project requires a lead or involved agency to substantially modify its decision, findings may be amended and filed in accordance with § 176-12.B. of this Chapter. B. In the case of an action involving an applicant, the lead agency's filing of a written findings statement and decision on whether or not to fund or approve an action must be made within 30 calendar days after the filing of the final EIS. C. No involved agency may make a final decision to undertake, fund, approve or disapprove an action that has been the subject of a final EIS, until the time period provided in 176-11.A. of this Chapter has passed and the agency has made a written findings statement. Findings and a decision may be made simultaneously. D. Findings must: 1. Consider the relevant environmental impacts, facts and conclusions disclosed in the final EIS; 2. Weigh and balance relevant environmental impacts with social, economic and other consideration; 3. Provide a rationale for the agency's decision; 4. Certify that the requirements of this Chapter have been met; 5. Certify that consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified as practicable. § 176-12. Document Preparation, Filing, Publication and Distribution The following CEQR documents shall be prepared, filed, published and made available as prescribed in this section: A. Preparation of documents. Page27 of 33 1. Each negative declaration,positive declaration, notice of completion of an EIS, notice of hearing and findings must state that it has been prepared in accordance with article 8 of the Environmental Conservation Law and Chapter 176 of the Code of the City of Ithaca and must contain: the name and address of the lead agency; the name, address, and telephone number of a person who can provide additional information; a brief description of the action; the CEQR classification; and, the location of the action. 2. In addition to the information contained in paragraph A(1) of this subdivision: (a) A negative declaration must meet the requirement of§ 176-7.B. of this Chapter. A conditioned negative declaration must also identify the specific conditions being imposed that have eliminated or adequately mitigated all significant adverse environmental impacts and the period, not less than 30 calendar days, during which comments will be accepted by the lead agency. (b) A positive declaration must identify the potential significant adverse environmental impacts that require the preparation of an EIS and state whether scoping will be conducted. (c) A notice of completion must identify the type of EIS (draft, final, supplemental, generic) and state where copies of the document can be obtained. For a draft EIS the notice must include the period(not less than 30 calendar days from the date of filing or not less than 10 calendar days following a public hearing on the draft EIS) during which comments will be accepted by the lead agency. (d) A notice of hearing must include the time, date, place and purpose of the hearing and contain a summary of the information contained in the notice of completion. The notice of hearing may be combined with the notice of completion of the draft EIS. (e) Findings must contain the information required by §176-11.D. of this Chapter B. Filing and Distribution of Documents 1. A Type I negative declaration, conditioned negative declaration, positive declaration, notice of completion of an EIS, EIS, notice of hearing and findings must be filed with: (a) The chief executive officer of the political subdivision in which the action is principally located (b) The lead agency (c) All involved agencies (d) Any person who has requested a copy; and (e) If the action involves an applicant, with the applicant. 2. A negative declaration prepared on an Unlisted action must be files with the lead agency. Page28 of 33 l . 3. All CEQR documents and notices, including but not limited to, EAFs, negative declarations,positive declarations, scopes, notices of completion of an EIS, EISs, notices of hearing and findings must be maintained in files that are readily accessible to the public and made available on request. 4. The lead agency may charge a fee to persons requesting documents to recover its copying costs. 5. If sufficient copies of the EIS are not available to meet public interest, the lead agency must provide an additional copy of the documents to the local public library. 6. A copy of the EIS must be sent to the Department of Environmental Conservation,Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750. C. Publication of notices. 1. Notice of a Type I negative declaration, conditioned negative declaration,positive declaration and completion of an EIS must be published in the Environmental Notice Bulletin(ENB) in a manner prescribed by the department. Notice must be provided by the lead agency directly to Environmental Notice Bulletin, Room 538, 625 Broadway, Albany, NY 12233-1750 for publication in the ENB. The ENB is accessible on the department's internet web site at http://www.dec.state.ny.us . 2. A notice of hearing must be published, at least 14 days in advance of the hearing date, in a newspaper of general circulation in the area of the potential impacts of the action. For state agency actions that apply statewide this requirement can be satisfied by publishing the hearing notice in the ENB and the State Register. 3. Agencies may provide for additional public notice by posting on sign boards or by other appropriate means. 4. Notice of a negative declaration must be incorporated once into any other subsequent notice required by law. This requirement can be satisfied by indicating the CEQR classification of the action and the agency's determination of significance. § 176-13. Fees and costs. A. When an action subject to this Chapter involves an applicant, the lead agency may charge a fee to the applicant in order to recover the actual costs of preparing or reviewing the draft EIS. The fee may include a chargeback to recover a proportion of the lead agency's actual costs expended for the preparation of a generic EIS prepared pursuant to § 176-10 of this Chapter for the geographic are where the applicant's project is located. The chargeback may be based on the percentage of the remaining developable land or the percentage of road frontage to be used by the project, or any other reasonable methods. The fee must not exceed the amounts allowed under subdivision B through D of this section. If the lead agency charges for preparation of a draft and/or final EIS, it may not also charge for review; if it charges for review of a Page29 of 33 1. Advice on preparation and review of EAF's; 2. Recommendations on the significance or non-significance of actions; 3. Preparation and review of EISs and recommendations on the scope, adequacy, and contents of EISs; 4. Preparation and filing of SEQR notices and documents; 5. Conduct of public hearings; and 6. Recommendations to decision makers. B. Agencies are strongly encouraged to enter into cooperative agreements with other agencies regularly involved in carrying out or approving the same actions for the purposes of coordinating their procedures. C. All agencies are subject to the lists of Type I and Type II actions contained in this Chapter, and must apply the criteria provided in § 176-7.C. of this Part. D. Every agency that adopts, has adopted or amends CEQR procedures must, after public hearing, file them with the commissioner, who will maintain them to serve as a resource for agencies and interested persons. The commissioner will provide notice in the ENB of such procedures upon filing. All agencies that have promulgated their own CEQR procedures must review and bring them into conformance with this Chapter. Until agencies do so, their procedures, where inconsistent or less protective, are superseded by this Chapter. E. The Common Council may designate a specific geographic area within its boundaries as a critical environmental area(CEA). A state agency may also designate as a CEA a specific geographic area that is owned or managed by the state or is under its regulatory authority. Designation of a CEA must be preceded by written public notice and a public hearing. The public notice must identify the boundaries and the specific environmental characteristics of the area warranting CEA designation. 1. To be designated as a CEA, an area must have an exceptional or unique character covering one or more of the following: (a) A benefit or threat to human health; (b) A natural setting (e.g., fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality); (c) Agricultural, social, cultural, historic, archaeological, recreational, or educational values; or (d) An inherent ecological, geological or hydrological sensitivity to change that may be adversely affected by any change. 2. Notification that an area has been designated as a CEA must include a map at an appropriate scale to readily locate the boundaries of the CEA, the written justification supporting the designation, and proof of public hearing and, must be filed with: (a) The commissioner; Page31 of 33 draft and/or final EIS, it may not also charge for preparation. Scoping shall be considered part of the draft EIS for purposes of determining a CEQR fee; no fee may be charged for preparation of an EAF or determination of significance. B. For residential projects, the total project value shall be calculated on the actual purchase price of the land or the fair market value of the land (determined by assessed valuation divided by equalization rate)whichever is higher, plus the cost of all required site improvements, not including the cost of buildings and structures as determined with reference to a current cost data publication in common use. In the case of such projects, the fee charged by an agency may not exceed 2% of the total project value. C. For nonresidential construction projects,the total project value shall be calculated on the actual purchase price of the land or the fair market value of the land (determined by assessed valuation divided by equalization rate)whichever is higher, plus the cost of supplying utility service to the project, the cost of site preparation and the cost of labor and material as determined with reference to a current cost data publication in common usage. In the case of such projects, the fee charged may not exceed one-half of one percent(1/2 of 1%) of the total project value. D. For projects involving the extraction of minerals, the total project value shall be calculated on the cost of site preparation for mining. "Site preparation cost" shall mean the cost of clearing and grubbing and removal of overburden for the entire area to be mined plus the cost of utility services and construction of access roads. Such costs are determined with reference to a current cost data publication in common use. The fee charged by the agency may not exceed one-half of one percent (1/2 of 1%) of the total project value. For those costs to be incurred for phases occurring three or more years after issuance of a permit, the total project value shall be determined using a present value calculation. E. Where an applicant chooses not to prepare a draft EIS, the lead agency shall provide the applicant, upon request, with an estimate of the costs for preparing such statement, calculated on the total value of the project for which funding or approval is sought. F. Appeals Procedure. When a dispute arises concerning fees charged to an applicant by a lead agency, the applicant may make a written request to the agency setting forth reasons why it is felt that such fees are inequitable. Upon receipt of a request, the chief fiscal officer of the agency or his/her designee shall examine the agency record and prepare a written response to the applicant, setting forth reasons why the applicant's claims are valid or invalid. Such appeal procedure shall not interfere with or cause delay in the EIS process or prohibit an action from being undertaken. G. The technical services of the department may be made available to other agencies on a fee basis, reflecting the costs thereof, and the fee charged to any applicant pursuant to this section may reflect such costs §176.14 Individual Agency Procedures to implement CEQR. A. Agencies may find it helpful to seek the advice and assistance of other agencies, groups and persons on CEQR matters, including the following: Page30 of 33 (b) The appropriate regional office of the department; (c) Any other agency regularly involved in undertaking, funding or approving actions in the municipality in which the area has been designated. 3. This designation shall take effect 30 days after filing with the commissioner. Each designation of a CEA must be published in the ENB by the department and the department will serve as a clearinghouse for information on CEAs. 4. Following designation, the potential impact of any Type I or Unlisted Action on the environmental characteristics of the CEA is a relevant area of environmental concern and must be evaluated in the determination of significance prepared pursuant to § 176-7 of this Chapter. § 176-15. Actions Involving a Federal Agency. A. When a draft and final EIS for an action have been duly prepared under the National Environmental Police Act of 1969, an agency has no obligation to prepare an additional EIS under this Chapter, provided that the federal EIS is sufficient to make findings under§ 176-11 of this Chapter. However, except in the case of Type II actions listed in § 176-5 of this Chapter, no agency may undertake, fund or approve the action until the federal final EIS has been completed and the agency has made the findings prescribed in § 176-11 of this Chapter. B. Where a finding of no significant impact(FNSI) or other written threshold determination that the action will not require a federal impact statement has been prepared under the National Environmental Policy Act of 1969, the determination shall not automatically constitute compliance with CEQR. In such cases, agencies remain responsible for compliance with CEQR. C. In the case of an action involving a federal agency for which either a federal FNSI or a federal draft and final EIS have been prepared, except where otherwise required by law, a final decision by a federal agency shall not be controlling on any state or local agency decision on the action but may be considered by the agency. § 176-16. Confidentiality. A. When a project sponsor submits a completed EAF, or draft or final EIS, or otherwise provides information concerning the environmental impacts of a proposed project, the project sponsor may request, consistent with the Freedom of Information Law (FOIL), Article 6 of the Public Officer Law, that specifically identified information be held confidential . Prior to divulging any such information, the agency must notify the project sponsor of its determination of whether or not it will hold the information confidential. §176.17 REFERENCED MATERIAL. The following referenced documents have been filed with the New York State Department of State. The documents are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 and for inspection Page32 of 33 .. c and copying at the Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-1750. 1. National Register of Historic Places, (1994), 36 Code of Federal Regulation (CFR) Parts 60 and 63. 2. Register Of National Natural Landmarks,(1994), 36 Code of Federal Regulation (CFR)Part 62. §176.18 Severability If any provision of this Part or its application to any person or circumstance is determined to be contrary to law by a court of competent jurisdiction, such determination shall not affect or impair the validity of the other provisions of this Chapter or the application to other persons and circumstances. § 176-19. Appendices. Appendices A, B, C, D, E, F, G,H and I are model forms which may be used to satisfy this Chapter or may be modified in accordance with § 176-2 of this Chapter. Page33 of 33 ;0. , CITY OF ITHACA D3 108 East Green Street— 3rd Floor Ithaca Newl. FT ICITEl Ithaca, f �.L:-_,_77.1111-111_:_. ' ".42� 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 From: JoAnn Cornish, Deputy Director of Planning and Development Date: February 13, 2004 RE: Downtown Ithaca Ten-Year Development Strategy Update Summary: 2004-2010 In 2000, the Ithaca Downtown Partnership created the 2000-2010 Downtown Development Strategy. This document presented a 10-year vision for downtown. In May 2001, the Common Council adopted a resolution that supported and endorsed the document. The resolution is enclosed. Since the time the Downtown Development Strategy was written, the City has made significant progress towards the type of development that was envisioned. In light of this progress, the Ithaca Downtown Partnership has revised the document to reflect the changes that have taken place and to reflect public comments received by publishing surveys, sponsoring community forums, and hosting a series of meetings with various community groups. The update, also enclosed, is meant to act as a blueprint for future growth and revitalization in downtown that will help to guide the allocation of staff and financial resources. Once again, the Partnership is looking to the Common Council for its endorsement of the updated plan. Please review the attached plan and resolution for discussion at the upcoming Planning, Neighborhoods, and Economic Development Committee. If you have questions or require additional information, please do not hesitate to contact me. "An Equal Opportunity Employer with a commitment to workforce diversification." 0 D3 ECONOMIC DEVELOPMENT COMMITTEE: 18.1 SUPPORT OF THE 2000-2010: DOWNTOWN DEVELOPMENT STRATEGY" By Mayor Cohen: Seconded by Alderperson Pryor WHEREAS, Downtown is the physical and emotional center of the greater Ithaca region, and WHEREAS, Downtown is an urban, multi-use, multi-dimensional, organically-built environment that is fundamentally different and distinct from other commercial centers and neighborhoods, and WHEREAS, Downtown is a geographic area shared by all members of the greater Ithaca community, a place that belongs to us all, and WHEREAS, Downtown reflects the identity of the entire Ithaca community, and WHEREAS, Downtown should be a place where residents want to visit regularly, and tourists want to explore, and WHEREAS, Downtown is a cherished community asset that should be presented and enhanced, and WHEREAS, The vitality of downtown is important to us all, and WHEREAS, The community needs long term strategy to guide the allocation of staff and financial resources to downtown, and WHEREAS, A development strategy will provide the community with a blueprint for future growth and revitalization activity,now, therefore, be it RESOLVED, The Ithaca Common Council supports and endorses the 2000-2010 Downtown Development Strategy and will work to use it as a tool for future downtown growth and revitalization decision-making. Carried Unanimously May 2, 2001 q:\planning\projects\downtown strategy resolution by cc 2001.doc D3 Resolution of Support for the "Downtown Ithaca Ten-Year Development Strategy Update 2004-2010" WHEREAS: downtown Ithaca is the physical, cultural, governmental, and emotional center of the greater Ithaca community, and WHEREAS: downtown Ithaca is enjoyed and shared and is reflective of the identity of the greater Ithaca community, and WHEREAS: the vitality of downtown Ithaca is important to us all and will benefit by having a long term strategy, and WHEREAS: the Common Council did, on May 2, 2001, pass a resolution endorsing and supporting the Downtown Development 2000-2010 Strategy, and WHEREAS: since the time the Downtown Development 2000-2010 Strategy was written, the City has made significant progress towards the type of downtown development that was envisioned by this strategy, and WHEREAS: the Ithaca Downtown Partnership has revised and updated the strategy to reflect the changes that have taken place since the original document was written, and WHEREAS: the document is meant to be a blueprint for the future growth and revitalization of downtown that will help guide the allocation of staff and financial resources to downtown, now, therefore be it RESOLVED: that the Common Council for the City of Ithaca does hereby strongly endorse and support the "Downtown Ithaca Ten-Year Development Strategy Update 2004-2010" and will work to use it as a tool for future growth and revitalization when making decisions for downtown Ithaca. D3 DOWNTOWN ITHACA TEN-YEAR DEVELOPMENT STRATEGY UPDATE SUMMARY: 2004 - 2010 January 28, 2004 RETAIL - Add up to 75,000 SF by 2010 -Add ground level retail in new projects -Attract convenience retail back to downtown OFFICE -Add up to 225,000 SF by 2010 - Facilitate at least another two major office projects - Encourage City and County office growth in new downtown buildings -Provide incentives for office projects as appropriate HOUSING -Add up to 300 new units of housing to the District -Add 600 new residents to the District -Facilitate live/work space in downtown -Facilitate conversion of Commons upper story space to housing -Provide incentives for housing projects as appropriate CULTURAL ARTS - Help the State Theater achieve lasting and stable operating -Help the State Theater to integrate and develop into its surrounding block - Institutionalize a temporary and permanent sculpture exhibition - Encourage a working relationship between the universities and downtown venues TOURISM -Place the Commons on the National Register of Historic Places - Examine the feasibility of a fixed rail trolley linking downtown with East Hill and the waterfront - Create a"History Walk", highlighting great people and events associated with Ithaca - Create a combined downtown center for area museums - Explore the feasibility of creating a wine center -By 2010, re-examine the concept of a downtown meeting and conference facility ENTERTAINMENT - Explore the feasibility of family entertainment centers in downtown - Add three new restaurants to downtown, all with evening service -Recruit a micro-brewery to downtown -Explore the feasibility of first run cinema in downtown ENVIRONMENT -Expand Ambassador program to evening hours and to a Year round status - Create a permanent Police kiosk substation -Add new electronic information kiosks, maps and information centers - Install video cameras at strategic locations in garages and public spaces - Link bus stops and stations with the downtown pedestrian system INFRASTRUCTURE-Upgrade the existing fountain -Develop a schedule of maintenance downtown infrastructure -Maintain a parking rate structure that provide incentives for shoppers and clients -Maintain and expand the downtown postal facility -Renovate, replace and/or expand the Green Street garage -Plan for future parking structures TRANSPORTATION -Undertake feasibility analysis for fixed-rail trolley - Convert portions of Cayuga and Aurora Streets to two-way traffic -Re-design bus stops - Increase the hours of shuttle connecting downtown with Cornell and Ithaca College - Improve the aesthetics of Green and Seneca Streets -Add downtown signage to new Spencer Street LINKING WITH OTHER DISTRICTS - Assist the community in defining how the various commercial districts relate and complement each other - Improve way finding signage throughout the City - Provide downtown information kiosks at big box locations -% s. REGIONAL CENTER - City and County comprehensive plan should recognize the unique role and status of downtown - Support efforts to encourage regional farmland and open space preservation - Support efforts to encourage traditional village centers to become strong and self-sustaining - Recognize the important role of the County in enhancing downtown through its buildings, employees and development projects - Create an expanded,major downtown visitor center to serve as a gateway to Tompkins County DIVERSITY - Accept zero tolerance for disrespect of downtown's goal of being everyone's neighborhood - Ensure that everyone should feel at ease and welcome in downtown MARKETING -Tell and sell downtown's story continually to the region -Focus on visitors already committed to vacating in Central New York/Finger Lakes -Utilize marketing partners such as the Convention& Visitor Bureau HISTORIC PRESERVATION - Improve the facades of downtown buildings -Market the historic character of downtown -Encourage in-fill,new construction and facade improvements that are sympathetic and complementary to existing historic architecture DOWNTOWN CHARACTER - Work to ensure that downtown zoning ordinances reflect the functional needs of a dense urban district while safeguarding the human and pedestrian scale of the community PUBLIC SPACES - Improve the winter enclosure for the fountain - Strive to provide more durable and aesthetically pleasing outdoor tables and chairs - Improve the area and walkways between the Commons and Green Street, including the dumpsters TOWN/GOWN RELATIONSHIPS - Encourage Cornell to investigate other opportunities for Shifting additional employees to downtown � \ -Encourage Ithaca College to investigate ways to contribute to the health &vitality of downtown - TC3 should be encouraged and supported in its effort to expand and broaden its downtown facilities -All three institutions should be encouraged to help program downtown arts and culture FUTURE DEVELOPMENT - Add 1-2 additional office building projects - Add housing units to help meet documented demand - Work on development opportunities for the 13 available development sites D3 THE DOWNTOWN ITHACA DEVELOPMENT STRATEGY: 2000 - 2010 UPDATED & AMENDED Fall 2003 Draft of text only Approved by the Ithaca Downtown Partnership Board of Directors- Fall 2003 METHODOLOGY The Ithaca Downtown Partnership first created its 2000—2010 Downtown Development Strategy in late 1999 and early 2000. The Strategy was designed as a blueprint and guide for the Partnership, City and the community. Its goal is to paint a vision for the future of downtown and to identify for community the steps necessary to realize this vision. The original Strategy was prepared by assembling all the relevant planning documents produced about downtown Ithaca during 1990's. From these many documents key ideas and themes were compiled. At a special 1999 Partnership Board retreat the strategy elements were reviewed and codified. The original Strategy was approved by both the Ithaca Downtown Partnership Board of Directors and the Ithaca Common Council. It was shared with numerous other community organizations and political jurisdictions. In the ensuing three year period 2000-2003 considerable progress was made toward achieving many of the objectives summarized in the Strategy. For example,by 2003 the downtown had commitments for 160,000 SF of new office space and nearly 500 new jobs. Based on this progress, the Partnership Board felt it necessary to revisit the Strategy and amend its goals and objectives to reflect the progress already accomplished to date. At the same time, the nature of the broader Ithaca community was changing. For example, the rapid development of Route 13 commercial/retail space changed the dynamics of downtown's role and relationship to the community. The Downtown Strategy needed to reflect such community changes. To update and amend the Downtown Strategy,the Ithaca Downtown Partnership engaged in a community information gathering process. It was important to understand how downtown stakeholders and community residents thought about downtown. To obtain this input the Partnership undertook the following outreach activities: (1) Published a survey in the Ithaca Journal, together with an editorial soliciting community input and opinion; (2) Hosted a community forum, co-sponsored by the Ithaca Journal, to obtain ideas and feedback on revisions to the Downtown Strategy; (3) Hosted several meetings with downtown businesses and owners to obtain ideas and feedback on revisions to the Downtown Strategy; and (4) Met with a number of community organizations to describe the strategic plan and solicit feedback on possible revisions. Based on feedback obtained from several hundred participants, the Partnership redrafted the Downtown Strategy for the review and approval of the Board of Directors. The completed Strategy will be submitted to the City for its approval and will also be shared with the broader community. It is our intent that this Strategy serve as the blueprint for downtown growth and development and guide our community in its downtown revitalization efforts. RETAIL Goals: To retain and grow our status a specialty retail center To add convenience goods and services for the benefit of downtown area residents and workers - Add a drug store - Add/expand a grocer Add to the inventory of retail space in downtown- add at least 75,000 SF by 2010 Add new retail stock in new buildings with street frontage. Add traffic generators that will help drive customers for retailers Statements of Policy: Retail is the character, the face of downtown The condition of the retail sector defines public perceptions of success or failure Downtown is a specialty center Downtown should have some convenience goods to support people who live and work downtown Downtown retail needs to be supported and encouraged by public policy Need to expand the critical mass of downtown retail, to enable it to compete in the regional marketplace Important to preserve and retain existing retail businesses Tasks/Action Items: Maintain a retail recruitment program Maintain a retail retention program Maintain an ongoing retail mix analysis Each year add five new businesses to the retail mix Undertake periodic surveys to better understand the retail marketplace and who does and does not shop DT Encourage retail space in the Cayuga Green phase I and II projects Encourage retail space in the Ciminelli and Gateway projects Encourage retail in future new development projects Each year work on at least one project designed to increase traffic Adding a drug store and expanded grocery store Adding retail under the Green Street garage Working on an ongoing retail mix analysis Increasing our goal of new retail space by 25,000 SF to a total of 75,000 SF within ten years. *Bold type indicates new additions to the downtown strategy. OFFICE Goals: Make/keep downtown the pre-eminent center for office space in the region Maintain or increase the proportion of office space in downtown to the entire region Build up downtown as an inviting, attractive location for high technology businesses Maintain downtown's status as the regional center for professional services,banking and finance and government and community services Continue to grow downtown as a center for institutional and educational office uses Ensure that adequate parking exists for all users of downtown, including downtown employees Statements of Policy: Office jobs are critical to the health and well being of downtown Downtown should contain a wide assortment of office space at all price ranges Office businesses should not consume space traditionally regarded as retail Office businesses an office jobs need to be nurtured and managed,just like retail Tasks/Action Items: Make sure incentives exist for the development of downtown office space Maintain an ongoing office retention program Maintain a roster of available DT office space Undertake office recruitment as necessary and appropriate Add at least 1,000 new jobs to DT by 2010 Add at least 225,000 SF of new office space by 2010. This represents another 1-2 new projects by 2010. Encourage expansion of downtown office space use by Tompkins County and the City of Ithaca Encourage the universities of the community(Cornell, Ithaca College and TC3)to expand in downtown Ensure that office businesses have access to state-of-the-art telecommunications/IT technology *Bold type indicates new additions to the downtown strategy. HOUSING Goals: To make DT one of the most desirable places to live in upstate New York To add new units of market rate housing to the inventory of DT residential housing As feasible, add affordable housing units to downtown projects To create a DT housing market where subsidies for the development of new market rate units are no longer necessary To encourage the aggregation of upper story space on the Commons for conversion into housing To create projects which have the necessary critical mass to ensure financial viability To create a variety of unit types To help promote a strong urban school program, to ensure that DT residents always enjoy quality schools To promote the growth and improvement of downtown neighborhoods,particularly in-fill housing and housing rehabilitation efforts Statements of Policy: Blended projects are that mix income levels are desirable To be successful, downtown must have people living downtown People of all incomes should live downtown. Downtown residents will take pride and ownership of their downtown neighborhood Tasks/Action Items: Make sure incentives exist for the development of downtown housing Add at least 300 new units of housing by 2010 Add at least 600 new residents to downtown by 2010 Explore the idea of live/work spaces for artists and other professionals Work to combine Common buildings for a rehabilitation project *Bold type indicates new additions to the downtown strategy. CULTURAL ARTS Goals: To become known throughout the Northeastern United States as a pre-eminent destination for the arts,particularly the visual arts To have people experience art on each and every visit to downtown To have our universities (Cornell, Ithaca College and TC3)have an arts presence in downtown. To entice the Johnson Museum and Handwerker Gallery to have downtown satellite locations. To develop and sustain an outdoor public art exhibition program featuring sculpture and mural art To increase the number of art businesses and art studios To develop a downtown art business incubator To renovation, re-open and sustain the State Theater To have a clearinghouse in downtown for information and tickets for all regional events, including Cornell and Ithaca College cultural arts events Statements of Policy: Cultural arts are key components of an overall downtown strategy. Cultural arts are regarded as traffic generators for business. Downtown should be regarded as a stage the community to showcase its cultural arts prowess Tasks/Action Items: Increase the number of artist studios and/or galleries in downtown to at least 25. Continue to grow the Art in the Heart of the City sculpture exhibition,increasing both the number of pieces and the quality of the work. Institutionalize the Art in the Heart of the City program by finding another organization to assume permanent planning and oversight. Each year, attempt to purchase at least one piece of sculpture art for permanent outdoor display in downtown Research the feasibility of opening an arts business incubator in downtown Rehabilitate and restore the State Theater Work with Historic Ithaca to ensure that the State Theater can achieve lasting and stable operating viability into the future Help the State Theater integrate itself into the surrounding block Work with Cornell and Ithaca College to investigate ways to create satellite art centers in downtown Assist other theater and performance groups to find and maintain permanent homes in downtown Encourage a working relationship between the universities and downtown venues Help theater patrons to expand their knowledge and interaction with other parts of downtown Assist the DeWitt Historical Society to become more integrated into the downtown community Help build Gallery Nights into one of the pre-eminent cultural events for downtown and the entire region Assist CSMA to become a visible part of downtown life and culture. *Bold type indicates new additions to the downtown strategy. TOURISM DEVELOPMENT Goals: To ensure that tourism remains a major segment of the downtown economy To investigate and champion projects that will boost downtown tourism, including,but not limited to, a wine center, a museum store center, an art museum and a fixed rail trolley To ensure that visitors can easily find downtown and find their way around downtown, through appropriate vehicular and pedestrian signage To develop and highlight the architectural heritage of downtown To increase the capacity of downtown to accommodate visitors in hotels To increase downtown's ability to host meetings and conferences To ensure that downtown is equipped with appropriate visitor amenities, such as public restrooms,tour bus drop off and pick up facilities and an easy to find and use visitor information center Statements of Policy: Tourism represents an important part of the downtown customer marketplace. Downtown business will cater to both local residents and the tourist/visitor. Downtown must continually create reasons for visitors to come downtown Downtown is an experiential place. The County and the region needs to embrace downtown in its role as a key tourism destination Tasks/Action Items: Utilize the historic character of downtown architecture to differentiate and distinguish downtown. Improve the historic facades of downtown Place the Commons on the National Register of Historic Places Examine the feasibility of a fixed rail trolley linking downtown with Cornell and subsequently the waterfront. Seek to institutionalize the Art in the Heart of the City program Add one new piece of permanent art to downtown each year Create the"Ithaca History Walk", a series of interpretive outdoor displays highlighting great people and events associated with Ithaca. Create a combined downtown center for the museum programs of the region Create a wine center, affiliating it with other visitor and cultural attractions. Maintain downtown's status as the leading destination of tourists in Tompkins County Create strong cross-promotional programs with other major tourist attractions in the region By the end of the decade, re-examine the concept of a meeting/conference center in downtown Develop a stronger visitor information center and program for downtown Improve vehicle and pedestrian signage for downtown attractions *Bold type indicates new additions to the downtown strategy. ENTERTAINMENT Goals: To become a regional center for entertainment, attracting patrons from throughout the greater Ithaca marketplace To make music synonymous with the Commons. Summer visitors will almost always find some form of music on the Commons. To add new businesses and venues that will attract entertainment patrons, such as a microbrewery,restaurants and clubs. To ensure that entertainment businesses will be compatible with the other uses of downtown,particularly residential uses. To renovate and re-open the State Theater. Statements of Policy: Entertainment is one element of a successful and vibrant downtown. Entertainment venues should attract patrons from throughout the region. Entertainment businesses need to live in harmony with the other uses of downtown,particularly housing. Tasks/Action Items: Acquire a Commons PA sound system for announcements Acquire an IDP sound system for musical performances Develop and sustain a street performer/busker program for downtown Explore the feasibility of a Jillian's type entertainment center Explore the feasibility of a first run cinema project Recruit a microbrewery project to downtown Open at least three new entertainment venues of all sorts Renovate and restore the State Theater Add three additional restaurants to downtown, all with evening service *Bold type indicates new additions to the downtown strategy. ENVIRONMENT Goals: To improve the public's perception of downtown as a safe and secure place at all times; To ensure that downtown is clean and attractive, meeting and exceeding public expectations; To ensure that downtown's public spaces are well maintained and well lit; To improve the landscaping and plantings of downtown, again meeting and exceeding public expectations To provide gateways to downtown that are memorable, attractive and functional To supplement City public works crews to ensure that the level of clean and safe services meets and exceed public expectations Statements of Policy: To attract and retain businesses, downtown must be neat, clean and attractive. The public,both area residents and visitors, expect downtown to clean,safe and attractive. Anything less is unacceptable. Downtown should look and feel like a special place. Downtown should generate positive memories. The Commons needs to operate as both a place of commerce and a beautiful public space. Designs of new downtown buildings and public spaces should reflect concerns for ongoing maintenance, safety and the improvement of the public environment. Downtown is first and foremost a pedestrian environment. Tasks/Action Items: Expand Ambassador Program to evening hours Expand Ambassador Program to year round Improve the operations/management of downtown parking garages Improve the key entrances to downtown with signage, art and landscaping. Use banners to keep define and beautify downtown. Each year improve the appearance of downtown landscaping and plantings Work with the Police Department to create a permanent Police kiosk substation on the Commons Add new electronic information kiosks, maps and information centers Link bus stops and stations with the downtown pedestrian system. Install video cameras at strategic locations in garages and public spaces *Bold type indicates new additions to the downtown strategy. INFRASTRUCTURE Goals: To ensure that downtown infrastructure is compatible and appropriate for the people and businesses that use it To refurbish and refresh the Ithaca Commons and other downtown public spaces, much like private sector periodically updates and improves its spaces for the marketplace. Statements of Policy: Public spaces require re-investment. Schedules for both capital improvements and maintenance of downtown infrastructure are critical municipal responsibilities The supply of downtown parking needs to be linked to anticipated demand Infrastructure includes telecommunications and post office facilities The report of the Commons Design Review Committee should serve as the basis for infrastructure improvements to the Ithaca Commons. Tasks/Action Items: Work toward upgrading the existing fountain,to make it more artful,distinctive and vandal resistant Develop a schedule of maintenance for all downtown infrastructures with assigned responsibility Continually monitor parking management practices to ensure that parking is utilized in the most appropriate manner for downtown Work with the City to create a long-term capital improvement program for downtown, including the Commons Maintain a parking rate structure that provides incentives for shoppers and clients to patronize downtown. Two-hour free parking is the desirable goal. Work with the private sector and City to obtain an array of high speed Internet and telecommunication infrastructure. Maintain and expand the existing downtown postal facility. Encourage the creation and operation of public restrooms Visually link the BID district streets with banners. Renovate and expand the Green Street parking garage Plan for future parking structures *Bold type indicates new additions to the downtown strategy. TRANSPORTATION Goals: To enable people to easily and efficiently access downtown To build a strong public transportation system that will be attractive to as many users as possible To provide for the parking needs of the users of downtown To ensure that downtown remains a transit hub for the regional highway system as well as the regional public transit system To make certain that pedestrians receive special attention and priority Statements of Policy: Transportation systems need to reflect downtown's position as the geographic and commercial hub of the County. Greater Ithaca has an excellent public transportation system serving downtown that should be further grown. It is in the long-term interests of downtown to promote multiple ways for people to access downtown. In the foreseeable future the automobile will remain a key way for users of downtown to gain access. Parking for automobiles must remain an important priority. While managing vehicular traffic must be an important consideration, the pedestrian nature of downtown should always be emphasized. Tasks/Action Items: Undertake a feasibility analysis for a fixed rail trolley system connecting downtown and Cornell and subsequently the waterfront Increase the hours of shuttles connecting downtown with both Cornell and Ithaca College As other areas of the community(waterfront and southwest) grow and develop, add shuttles that will connect them to downtown Convert Aurora and Cayuga Streets between Seneca and Court to two-way traffic. Re-design downtown bus stops to fit into the street landscape and provide an aesthetic contribution to the landscape. Integrate bus stop maintenance into an overall downtown maintenance program. Improve the aesthetic character of downtown's two main arterial streets, Green and Seneca Streets. Improve sidewalks throughout the secondary Commons and downtown district by adding such features as brick accents,brick crosswalks,banners, Street trees and pedestrian amenities. Work with TCAT to create pro-active ways to encourage increased public transit ridership among downtown employees. Realign traffic at Aurora and State Streets to create a pedestrian plaza. Properly sign the new Spencer Street entrance into downtown to its use. *Bold type indicates new additions to the downtown strategy. LINKING WITH OTHER DISTRICTS Goals: To physically link downtown with the other commercial districts of Ithaca; To help the community define the market niches that best characterize new and emerging commercial districts To clearly define and articulate the market niches of downtown Statements of Policy: Downtown will remain the principal hub of the community, Priority should be given to linking key community destinations with downtown. Each commercial in the community should have its own unique market niches. Public policy should work to ensure that districts compliment each other,hence making the best possible use of scarce public resources. Downtown should be the specialty retail and office center for the City of Ithaca. Tasks/Action Items: Investigate ways to use banners to highlight the links between downtown other districts. Add and improve shuttle frequency and hours to all districts as demand warrants. Provide community information kiosks at big box locations in the southwest to inform visitors about downtown. Wayfinding signage that is part of an overall County system should help connect districts. Assist the community in defining how the various commercial districts relate and complement each other *Bold type indicates new additions to the downtown strategy. DOWNTOWN: REGIONAL CENTER Goals: To serve Tompkins County and points beyond as the regional center for economic, social and cultural activity; To serve as a gateway for visitors and tourists into the region; To serve as a incubator for new businesses and industry; To serve as a central geographic gathering place for community events and activities; To facilitate dialogue on regional planning issues to ensure that a strong downtown remains a priority for the region. Statements of Policy: Downtown Ithaca is the economic, social and cultural heart of Tompkins County. It is the region's center for banking and finance, business and professional offices and government and community services. The health and vitality of a region is defined by its central business district. A strong downtown will contribute to a strong region. A weakened downtown will have a negative impact on the area. Downtown Ithaca helps to define the character and image of the City, the County, Cornell University and Ithaca College and the entire region. Tasks/Action Items: Serve as a facilitator for regional cooperation among jurisdictions. Be a participant when issues of regional planning are debated and discussed. Work toward the creation of a major visitor center to serve as a gateway to Tompkins County City and County comprehensive plans should recognize downtown's unique role and status Support efforts to encourage regional farmland and open space preservation Support efforts to encourage traditional village centers to become strong and self-sustaining Recognize the important role of the County in enhancing downtown through its buildings and employees as well as its development related policies *Bold type indicates new additions to the downtown strategy. COMMITMENT TO DIVERSITY Goals: Increase the number of minority owned and operated businesses. Increase minority representation and diversity on downtown boards and committees. Increase the number of youth and seniors working collaboratively for the good of downtown. Statements of Policy: Downtown is everybody's neighborhood Downtown is a celebration of diversity. Downtown's strength and uniqueness is derived from its ability to serve people of all races, creeds, ages, incomes and orientations. All people are welcome downtown,both in public spaces and in places of business. Everyone should feel at ease and welcome in downtown. Everybody is entitled to a downtown environment that is respectful of both individual dignity and quality of life. Downtown should be sensitive to age diversity. All ages should feel welcome downtown. Tasks/Action Items: Pro-actively seek out minority businesses and entrepreneurs. Pro-actively seek out minority candidates for boards and committees. Accept zero tolerance for disrespect of the goals and policies listed above. *Bold type indicates new additions to the downtown strategy. MARKETING DOWNTOWN Goals: To make more use of the historical character of downtown in marketing. To position downtown as a specialty retail shopping district different and distinct from normal regional offerings. To position downtown as a center for the arts,particularly the visual arts. To position downtown as a tourist destination center, a must-see stop in Central New York. To position downtown as a high-tech office center. To market downtown as one of the best places in the Northeast to find quality urban living. To make downtown a user-friendly and customer-friendly destination. To make efforts to standardize hours shopping, entertainment, dining and drinking. Statements of Policy: Downtown must continually tell and sell its story to the community at-large. Downtown visitor marketing efforts will focus on reaching people already committed to vacationing in the Central New York/Finger Lakes region. Downtown needs marketing partners such as the Convention and Visitors Bureau to reach beyond the immediate region. Tasks/Action Items: Identify key target markets for resource allocation each year. Conduct a systematic market program on an ongoing basis to targeted market segments. Conduct annual evaluations or monitoring of the perceptions of shoppers, visitors, employees and residents. Special efforts will be made to market to students, conventioneers and neighborhood residents. Work with the Convention and Visitors Bureau on a coordinated program to improve informational and wayfinding signage for downtown and the region. Continue regular marketing for new businesses. *Bold type indicates new additions to the downtown strategy. HISTORIC PRESERVATION Goals: To celebrate and showcase the heritage of downtown architecture; To utilize historic preservation to improve the economic value of downtown; To market the historic character of downtown as of its distinguishing and distinctive characteristics. Statements of Policy:The historical character of downtown has been defined over a long period of time by a number of different styles. Preservation of the architectural heritage of downtown is important and desirable. New development is and can be compatible with historic architecture. Architectural styles in downtown can be varied,to reflect the ongoing growth of downtown as a commercial district in the past 150 years Tasks/Action Items: Undertake a program to improve the facades of downtown buildings Support efforts to encourage use of historic design for restoration of building facades Encourage in-fill and new construction design that in sympathetic and complementary to existing historic architecture Market the historic character of downtown as one of its distinguishing and distinctive characteristics Celebrate history with interpretive displays Create a Commons National Register District Street lighting and sidewalk amenities need to be coordinated *Bold type indicates new additions to the downtown strategy. DOWNTOWN'S CHARACTER Goals: To articulate a vision for downtown that will be understood and accepted by most of Ithacans. To provide the urban density needed to make downtown economically viable while simultaneously providing a downtown environment that has human scale. Statements of Policy:Downtown needs to be a dense urban environment The street level of downtown needs to reflect retail spaces and engage the pedestrian The street levels of all new downtown buildings need to be built with the pedestrian environment foremost in mind Blank walls and dead spaces should be avoided. Building heights should accommodate needed density without overpowering the overall district There are existing zones in downtown where taller buildings are appropriate There are also existing zones in downtown where taller buildings are not appropriate Historical character should be preserved and celebrated wherever possible The edges of downtown need to blend into the adjacent neighborhoods Tasks/Action Items: Work to ensure that downtown zoning ordinances reflect the functional needs of a dense urban district while safeguarding the human and pedestrian scale of the community. *Bold type indicates new additions to the downtown strategy. PUBLIC SPACES Goals: To ensure that the public spaces of downtown are inviting and attractive and non-threatening at all times and to all people. Statements of Policy:Public spaces must be well maintained at all times. If the City ever gets to a point where budgets preclude such quality maintenance, the task of maintenance should be contracted out to the private sector Public spaces should be well lit Public spaces should feel safe, as well as actually be safe. The aesthetics of public spaces in winter is as equally important as how they look in the summer. Tasks/Action Items: Winter proofing activities,such as the enclosure of the fountain,need to be aesthetically pleasing. Work to improve the winter enclosure for the fountain. More durable and aesthetically pleasing chairs and tables should be a goal for the public dining program The dumpster and trash compactor behind the south side of the Commons needs to be enclosed and the pedestrian walkways improved with better lighting and art. Work with the Cayuga Green II project to clean and organize this area of downtown. *Bold type indicates new additions to the downtown strategy. TOWN/GOWN RELATIONSHIPS Goals: To build strong relationships and bonds between downtown and Cornell University,Ithaca College and TC3. To encourage each institution to participate in the physical revitalization of downtown Ithaca. To encourage each institution to participate in the programming of downtown Ithaca. To male a strong downtown Ithaca an important part of the life and policy of each institution of higher education. Statements of Policy:The institutions of higher education are crucial stakeholders in the future of downtown Ithaca. Each institution will benefit from a strong and vital downtown. There is a role for each institution in supporting and facilitating the growth and development of downtown. For its part, the downtown should continually strive to offer each institution a quality environment that will improve the experience of students and staff alike. Tasks/Action Items: Cornell should be encouraged to investigate other opportunities for shifting additional employees to downtown Ithaca College should be encouraged to investigate ways to contribute to the health and vitality of downtown by locating an academic or administrative program(s) in downtown space Cornell and Ithaca College should both be encouraged to program art and cultural offerings in downtown TC3 should be encouraged and supported in its effort to expand and broaden its downtown facilities. All three institutions should be encouraged to help program downtown arts and culture, using it as a community showcase for its students and faculty. All three institutions are encouraged to work with the IDP to improve student access and interest in downtown *Bold type indicates new additions to the downtown strategy. ' w FUTURE DEVELOPMENT Goals: To ensure that downtown can meet its goals for retail, office, housing, and other development To ensure that downtown remains competitive as a center of commerce To provide the pedestrian traffic necessary for downtown to achieve its goals and objectives Statements of Policy:Downtown is not complete. Downtown will always be changing and evolving,just like it has throughout its history. Our downtown is mature. There are only limited opportunities for major development. New development will tend to be in-fill and mixed-use. Tasks/Action Items: Add 1-2 additional office building projects in the next ten years Add housing development to at least provide 300 residential units Add entertainment and tourism related development This attached map outlines possible future locations for new development. Exact locations will be determined by market dynamics. - Block 14 - West State Street Corridor between Geneva and Albany - SW Corner of Cayuga and Green - Rothchilds triangle and air right over portion of Green Garage - Treeblock Block - Strand site - Current Fleet drive-through site - NW corner of Buffalo and Tioga - SW corner of Seneca and Cayuga - Gateway expansion - West State Street vacant lot in-fill - State Theater block in-fill - Commons building consolidation and/or in-fill *Bold type indicates new additions to the downtown strategy. D4 TROLLEY FEASIBILITY STUDY BACKGROUND For the past decade Ithacans have intellectually debated the idea of a fixed rail trolley connecting downtown with Cornell University/East Hill and the waterfront. The debate, while spirited,produced no definitive resolution and the concept remained only a glimmer in the eyes of a few"true believers". In 2002, the Ithaca Downtown Partnership (IDP) approved a work plan calling for the organization to investigate a possible trolley and begin work to determine the feasibility of a fixed rail trolley project. The IDP convened a task force to examine the idea and indicate if further effort or attention should be devoted to the project. The following summarizes the preliminary findings of the Task Force: (1) There appear to be no obvious technical issues that would prevent or negatively impact the construction of a fixed-rail trolley system on East Hill or the waterfront. (2) Cost could be significantly lower than anticipated. A fixed-rail system that uses existing roadway was found to cost as low as $2.0 million per mile. (3) Examples of other communities were evaluated. Among the cities included were Kenosha, WI,New Haven, CT, San Francisco, CA, Tampa, FL and San Diego, CA. (4) Two methods for operating systems include rolling the project into the regional transit authority or creating a separate stand alone nonprofit operating entity. Based on the preliminary research reviewed by the IDP Task Force, it was suggested that the project be taken to the next step... the preparation of a study to determine technical and financial feasibility. THE TROLLEY PROJECT: GOALS (1) Link two of the largest tourist draws in the County(downtown and Cornell); (2) Explore feasibility of linking downtown and the waterfront; (3) Create a new visitor/tourist attraction; (4) Keep existing visitors to downtown and/or Cornell longer; (5) Attract new visitors/tourists to the community; (6) Attract Cornell University students and staff into downtown; (7) Attract Cornell University visitors into downtown; (8) Decrease downtown's reliance on the automobile. THE TROLLEY PROJECT: AN OVERVIEW The project under consideration is the construction and subsequent operation of a fixed rail historic trolley line originating in downtown and ending at the Cornell University campus. The study could also examine the feasibility of a trolley link to the waterfront. The exact route would need to be determined as part of the preliminary feasibility study. The line would most likely be an electric, single track, at-grade system with no built-up stations or stops. Track would be fashioned to allow for cars to pass at pre-determined locations. Two or more cars would be historic replicas with requisite modern amenities. The operation of the line would be delegated to TCAT or to an independent operator. While buses, including a replica trolley bus, currently service the routes between downtown and Cornell, both downtown and Cornell continue to investigate ways to improve the linkage between the campus and the central city. There exists a tacit realization that the current bus program has only begun to tap the potential ridership between these two traffic centers. The trolley project seeks to address this community need in a manner that will also make it attractive to visitors and tourists. Historic trolleys have proven to be tourist attractions and demand generators for cities across the country. When San Francisco, the city famous for its cable cars, also installed street trolleys, the New York Times called the addition"a runaway hit with both tourists and once skeptical commuters". Trolleys,particularly historic trolleys,have been featured as tourism centerpieces in a number of cities. Cleveland runs a trolley along its downtown waterfront connecting key attractions. Similar systems exist in New Orleans, Dallas and Seattle just to name a few cities where downtown trolleys have helped to foster tourism. In Ithaca,we seek to build a trolley line that would serve as a tourist attraction as well as efficiently move people between two important community destinations- downtown and Cornell. The unique combination of the steep Buffalo Street hill, the downtown pedestrian mall and the Cornell campus can combine to make this line a successful visitor attraction. This project could benefit tourism in Tompkins County several key ways: • The project is itself a new and dynamic visitor attraction, unlike any other in upstate New York. It will distinguish Ithaca and could become an icon for the community, representing a must see/must do activity for visitors to the Finger Lakes and Central New York region. • The project could extend or prolong the stays of our current downtown and Cornell visitors. Today, many visitors only choose to experience either downtown or Cornell during their stay. The trolley line should be helpful in encouraging visitors to partake in both attractions,hereby lengthening their stay in the community. • The trolley project can benefit Cornell, making it easier and more inviting for students and staff to travel between the campus and downtown. • The trolley project can bolster downtown by increasing the number of students, staff and visitors from Cornell that will visit downtown. • The trolley system could connect downtown and the waterfront, fusing together two key centers for visitor and development activity. Just as Pittsburgh makes full use of its famous inclines to benefit regional tourism, so too could Ithaca benefit from a trolley line of its own. THE TROLLEY FEASIBILITY STUDY The Task Force recommended undertaking a feasibility study that would provide policy makers and funding sources with the data needed to continue to pursue this project. The next step suggested by the Task Force was the preparation of a preliminary third party feasibility study. This study would not seek to answer every question pertaining to the project or prepare construction level project drawings. Rather, this study represents an important and necessary step in the cumulative process of analyzing the trolley project. The scope of the feasibility project has two primary parts: a technical analysis and an operational analysis. The Technical Analysis: The study will examine three key technical issues. (1) The study will assess routes and propose preferred and alternative routes for the line. (2) Second, the study will recommend a preferred technology for the system. This includes,but will not be limited to, an assessment of power and propulsion, type of cars, track configuration and stops. (3) The study will provide a budget of expected capital costs,based on the preferred system and specifications. The Operations Analysis: The study will examine the following operational questions: (1) What will be the cost of operations for the project? (2) What are projected annual project revenues? What will be the contribution toward revenue from various rider groups- students, staff, visitors and tourists,business travelers? (3) The study will provide a multi-year operating pro forma based on expense and revenue data. (4) What is the recommended and preferred operating model? Who should operate the line? The technical analysis would be performed first. Should technical issues preclude a project, the subsequent operations analysis would not be performed. The Ithaca Downtown Partnership will prepare and issue a formal request for proposals to a short list of transportation consultants with experience in both the technical and operational phases of this project. While preliminary contact has been made with possible bidders, a formal RFP solicitation would be required. The actual study would require approximately 4 months. COSTS Preliminary contacts with possible consultants suggest that this feasibility study can be obtained for$20,000- $25,000. The proposed sources of funding for this amount are: - Ithaca Downtown Partnership $5,000 - City of Ithaca Funds $10,000 - Other Community $5-10,000 The feasibility study will be undertaken by a qualified third party consultant who demonstrates expertise in both technical and operational trolley system issues and who provides a proposal within the designated cost range of this project. No individual consultant has been pre-selected. Possible candidate consultants include,but are not limited to, Wilbur Smith Associates(Shelburne, VT) and Stone Consulting (Warren, PA). Smith is a full service transportation planning firm that has previously worked with Fernando D'Aragon on County transportation issues. Stone was the consultant for the Kenosha, Wisconsin historic trolley project. El TO: Planning,Neighborhoods and Economic Development Committee Members FROM: Mary Tomlan, Chair SUBJECT: Southwest Area Circulation Study DATE: February 13, 2004 It is anticipated that the Planning,Neighborhoods and Economic Development Committee will be considering the matter of the Southwest Area Circulation Study at its meetings in February and March, following up on its discussion a the Committee of the Whole meeting on February 10. We will begin by discussing the goals and scope of such a study, making reference to the proposed LaBella study for the extension of Taughannock Boulevard. Please review all relevant material you have received thus far, and bring to the February 18 meeting. You may let me know f there is additional material you would like to request. If the committee agrees to proceed with such a study, at the March meeting we will consider a possible schedule, with reference to funding sources and other financial aspects. q:\planning\groups\planning,neighborhood and eco dev committee 2004\miscellaneous\memo from tomlan re sw area circ study.doc � •_•�. ', , CITY OF ITHACA E2 „,, 108 East Green Street— 3rd Floor Ithaca, New' ITV r!1F_r_r_1I RITZ CPA 02 DEPARTMENT OF PLANNING AND DEVELOPMENT .•».•• Q H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development - 607-274-6550 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 From: Jennifer Kusznir, Economic Development Planner Date: February 13, 2004 Subject: Proposal to Dispose of Surplus City Owned Properties Attached please find a spreadsheet that contains properties owned by the City of Ithaca. You will also find maps that show the location of these properties. Staff has determined that these properties are not necessary for future governmental use or purpose and recommends that these properties be deemed surplus and sold at the spring City/County auction in May. For all properties to be sold at auction, a letter describing the process of the sale will be sent by the auctioneer to all property owners living within 200 ft. of the property to be sold. Sale of these properties will be advertised. The listing will include the location, dimensions, zoning classification, the type of title, and any encumbrances upon the title (such as easements). All properties auctioned off are to be sold with a quitclaim deed. With the committee's approval an environmental review of this action will be prepared and circulated to City boards and staff and to the County. Staff will return to the committee next month with the completed environmental review and any comments that are received. If you have any questions regarding the enclosed materials, feel free to contact me at 274-6410. q:\planning\staff\jennifer\city owned properties\2004\pcmemo surpprop04-02-15.doc "An Equal Opportunity Employer with a commitment to workforce diversification." �� 2/13/2004 City Owned Surplus Properties 116.-1-3 Elmira Road 111.-9-4, 111.-9-3, and the right of This property will have to be surveyed by the City and with then be way Giles Street sold subject to an easement to cross the property. There is a sewer line through the middle of this parcel serving the two properties above it. Any sale must include an easement to enter and maintain same. This property needs a survey for the property 47.-4-15 Univeristy Avenue boundaries and for the location of the easement. q:\planning\staff\jennifer\city owned properties\2004\04-02-13surplusprop ' �',, OWNED SURPLUS PROPERTIES ,o% I STREET PROPERTIES . .. „.... ,,.,,,, ',... , ,„,,„,.„, , ., ' ,.,.., „ ,, ,.,, ,,,,. ,,, ' . ,, ,,,,, ��Ci , / 4%._, ,,',,A- -- P�I, ''''',,,,,,,.,. ,, ,. ,, ,, ,, , . ., ,., ., -- _.c,....i.,.c-.k---'-,., ,,,•<'c,,- , � ,-4,,.,„,,,-,,,.-,. Ci� 00 ,, , . . , ., . ,,,,,, ,.._ , , . ,. , . . - ' •zz , • 4 a ---------,-, ,,,,--"-- -g;-',;!'n-ro,-,:p-,..,0,,,,,m...,. .,....:::::- .4.:',.„-,. 4 % 1 ) , */*/ x 9/ , Ni ,ij Property Bounda ilk rie Buildings Surplus City Owned Property Scale: 1 in. = 100 ft. 2113/2004 CITY OWNED SURPLUS PROPERTIES) , rAKCEL # 1, 160,-1-3 x , ci) o1 —I 21 Il- I I Z - I •�`• ' ii 116..1.3 '''''''''z' ,/ ,,,,,,, ,, , , ,-- ., N.-- s .., , ,. , . ., . . . A . \, . ,. , � Property Boundaries ' Buildings • / 's Surplus City Owned Property / Scale: 1 in. = 100 ft. 2/1312004 PARCEL . S ( _______ I i I I I ' t/I I I i '': I it ';'47;';,415: j II 1I i , I I ZI % / a � F E ce N�. W Z , � I Z I _, 1 1, Property boundaries j I 1 , 11 ' ,.') Buildings -- , . ._.._ Surplus City Owned Property ; Scale: tin. = 100 ft. 2/13/2004 • 4, CITY OF ITHACA E3 108 East Green Street— 3rd Floor Ithaca, New Ir=_mnFl_l-_i fTTT" TTTI I m, DEPARTMENT OF PLANNING AND DEVELOPMENT *-/ H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT .!9DJ1pTE0_=_ DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development - 607-274-6550 Community Development/IURA - 607-274-6559 Email: planning @cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: Members of the Planning,Neighborhoods & Economic Development Committee FROM: H. Matthys Van Cort 7/6444(47 Director of Planning & Development SUBJECT: Planned Unit Development Ordinance DATE: February 14, 2004 Last year Planning staff was directed to prepare for Common Council consideration a draft Planned Unit Development (PUD) ordinance. The latest version dated 11/13/2003 is attached for discussion-only at the February 18th meeting of the Planning, Neighborhoods &Economic Development Committee. If you have any questions, please feel free to call Tim Logue (274-6557)or me (274-6552). q:\planning\projects\zoning\pud\memo to planning committe 0213.doc An Equal Opportunity Employer with a commitment to workforce diversification." 0 2/13,200411'13'20039/25/2003 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED "ZONING" TO ESTABLISH PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Section 325-4 of the Municipal Code of the City of Ithaca be amended to create a new zoning district to be known as the Planned Unit Development (PUD) district . Section 1 . Declaration of Legislative Authority, Findings and Purpose. This ordinance is enacted pursuant to the authority and provisions of the New York State General City Law to promote public health, safety and welfare and the most desirable use of land, to conserve the value of buildings, and to enhance the value and appearance of land throughout the city. As of July 1, 2004, this ordinance will also be enacted pursuant to the authority and provisions of New York State General City Law §81-f, Planned Unit Development Zoning Districts, which was made law on July 29, 2003 . The Common Council finds that this Ordinance: 1 . Will permit flexibility in the application of land development regulations that will encourage innovative development and redevelopment for residential and nonresidential purposes so that a growing demand for other housing and other development and land use may be met by variety in type, design, and layout of dwellings and other buildings and structures, including traditional neighborhood development . 2 . Will provide flexibility in architectural design, placement, and clustering of buildings, use of open areas, provision of circulation facilities, including pedestrian and bicycle facilities and parking, and related site and design considerations . 3 . Will encourage the conservation of natural features, preservation of open space and critical and sensitive areas, and protection from natural hazards . 4 . Will provide for efficient use of public facilities . 5 . Will encourage and preserve opportunities for energy- efficient development and redevelopment. q:\planning\projects\zoning\pud\pud zoning ordinance.doc 1 2/13/200411/13 200 39/25/2003 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.doc 2 2/13/200411/1320039/25/2003 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.doc 3 2/13;200411!13`20039/25/2003 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.doc 4 2,13;200411/13 20039/25/2003 system, drainage system and scale of the elements both absolutely and to one another iv. there are adequate services and utilities available or proposed to be made available for the development b) An unfavorable report shall state clearly the reasons therefore and, if appropriate, point out to the applicant what might be accomplished in order to receive a favorable report . The applicant may, within 10 days after receiving an unfavorable report, file an application (an appeal) for PUD districting with the City Clerk, who shall notify the Mayor to bring the matter to the next Common Council meeting. 5 . The Planning and Development Board shall submit its report within sixty-five (65) days of a submittal of a sketch plan application to the Department of Planning and Development . If no report has been rendered after sixty-five ( 65) days, the applicant may proceed as if 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.doc 5 211.3/20041111.3'20039/25/2003 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.doc 6 2/13/200411'13'20039/25/2003 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 q:\planning\projects\zoning\pud\pud zoning ordinance.doc 7 2/13;2004 make a recommendation to Common Council and that Common Council approval shall be required. It shall be noted, however, that properties lying in Planned Unit Development districts are unique and shall be so considered by the Planning and Development Board or Common Council when evaluating these requests; maintenance of the intent and function of the planned unit shall be of primary importance. Section 7 . Expiration of permit. All permits shall become null and void, and the Zoning Map amendment revoked and restored to the zoning designation to which the district had been prior to the PUD application, if construction has not started within three (3) years of the date of final site plan approval. However, the applicant may petition the Planning and Development Board before the expiration date for an extension of no more than two (2) years . If the applicant can demonstrate substantial investment or reasonable progress towards construction to the Planning and Development Board, the extension shall not be unreasonably denied. Additional extensions may also be granted by the Planning & Development Board. q:\planning\projects\zoning\pud\pud zoning ordinance.doc 8