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.
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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
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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).
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§ 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.
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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.
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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
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•
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.
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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.
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(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;
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.
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;
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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
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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
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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
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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.
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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.
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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.
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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
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(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.
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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
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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:
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(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
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(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:
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(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
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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.
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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
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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
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• 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.
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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
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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.
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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
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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 .
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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
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encourages multiple routes from origins and
destinations;
e) a coordinated transportation system with appropriately
designed facilities for pedestrians, bicyclists,
public transit, and automotive vehicles;
f) preservation, restoration, and maintenance of historic
buildings that physically express the history of the
City of Ithaca unless it is shown that the building' s
condition prohibits preservation, restoration,
renovation, or reuse;
g) natural features and undisturbed areas are
incorporated into the open space of the neighborhood;
h) well-configured squares, greens, landscaped streets,
and parks are woven into the pattern of the
neighborhood;
i) public buildings, open spaces, and other visual
features act as landmarks, symbols, and focal points
for community identity;
j ) compatibility of buildings and other improvements as
determined by their arrangement, bulk, form,
character, and landscaping to establish a livable,
harmonious, and diverse environment; and
k) public and private buildings that form a consistent,
distinct edge, are oriented towards streets, and
define the border between the public street space and
the private block interior.
Section 5 . Site Plan Review. Site plan approval for all Planned
Unit Developments shall be obtained in accordance with Chapter
276 of the City Code, Site Plan Review.
Section 6. Regulation after initial construction and occupancy.
For the purposes of regulating development and use of property
after initial construction and occupancy, the approved final
site plan shall serve in lieu of other provisions of this
chapter as the use, space and bulk, yard, parking and other land
use regulations applicable to the Planned Unit Development
district . Any changes other than use changes shall be processed
as a change to an approved site plan, in accordance with §276-6
(C) . In addition to the three possible determinations listed in
§276-6, the Building Commissioner, in consultation with the
Director of Planning and Development, may determine that the
proposed changes are substantially different from the Planned
Unit Development district approved by Common Council and that a
new PUD application is required. Use changes shall also be in
the form of a change to an approved site plan except that the
Planning and Development Board shall have the opportunity to
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make a recommendation to Common Council and that Common Council
approval shall be required. It shall be noted, however, that
properties lying in Planned Unit Development districts are
unique and shall be so considered by the Planning and
Development Board or Common Council when evaluating these
requests; maintenance of the intent and function of the planned
unit shall be of primary importance.
Section 7 . Expiration of permit. All permits shall become null
and void, and the Zoning Map amendment revoked and restored to
the zoning designation to which the district had been prior to
the PUD application, if construction has not started within
three (3) years of the date of final site plan approval.
However, the applicant may petition the Planning and Development
Board before the expiration date for an extension of no more
than two (2) years . If the applicant can demonstrate substantial
investment or reasonable progress towards construction to the
Planning and Development Board, the extension shall not be
unreasonably denied. Additional extensions may also be granted
by the Planning & Development Board.
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