HomeMy WebLinkAbout08-02-17 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, August 2, 2017,
at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street,
Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Presentation of City of Ithaca Quarterly Employee Recognition Award
5.2 Presentation of Community Investment Incentive Tax Abatement Program Toolkit
(CIITAP) by the City of Ithaca Workforce Diversity Advisory Committee
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
No items were submitted for the agenda
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled
“Zoning,” To Expand the Street Level Active Use Zone
A. Declaration of Lead Agency – Resolution
B. Declaration of Environmental Significance – Resolution
C. Adoption of Ordinance
9.2 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled
“Zoning” To Establish New Zoning for the Waterfront Area
A. Declaration of Lead Agency – Resolution
B. Declaration of Environmental Significance – Resolution
C. Adoption of Ordinance
9.3 Approval of Second Amendment to the Housing and Urban Development (HUD)
Entitlement Citizen Participation Plan - Resolution
9.4 Resolution to Select Artwork for a Mural Installation on the Dryden Road Parking
Garage
10. CITY ADMINISTRATION COMMITTEE:
No items were submitted for the agenda
Common Council Meeting Agenda
August 2, 2017
Page 2
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
14.1 Appointment to the Ithaca Housing Authority Board – Resolution
14.1 Appointment to Building Code Board of Appeals – Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the July 5, 2017 Common Council Meeting Minutes – Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48
hours before the meeting.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: July 27, 2017
City of Ithaca Diversity Toolkit
for CIITAP Applicants
108 E. Green Street
Ithaca, NY 14850
p. 607.274.6539
f. 607.274.6574
HRDept@CityofIthaca.org
www.cityofithaca.org
Table of Contents
I. Executive Summary ............................................................................................... 2
The Business Case: Why You Should Care About Diversity and Inclusion
The Toolkit: Its Purpose and Use
II. CIITAP Requirements for Diversity and Inclusion ............................................. 3
1. Be an active member of the Diversity Consortium of Tompkins County.
2. Establish and implement management strategies for hiring, retention, and
promotion.
3. Identify and implement specific actions designed to reduce and address
unconscious workplace biases, such as through annual staff training.
4. Annual Reporting
III. Path to Successfully Meeting CIITAP Requirements .......................................... 4
IV. Self-Assessments for Planning, Implementation, and
Sustainability of Diversity and Inclusion Efforts .................................................. 6
PHASE 1: Planning and Preparation
PHASE 2: Implementation
PHASE 3: Sustainability
PHASE 4: Review and Assessment
V. Resources .............................................................................................................. 10
VI. Glossary ................................................................................................................ 11
VII. Voluntary Self-Identification of Disability ........................................................... 13
VIII. CIITAP Annual Reporting Template and Data
Collection Forms .................................................................................................. 15
IX. Bibliography ......................................................................................................... 19
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 2
Executive Summary
The American population is becoming increasingly diverse. Consequently, employers
need to be prepared to welcome and include individuals of all races, ages, and abilities
in their workforce. While we are asking that you collect information and report on the
hiring, promotion, and retention of specific under-represented groups, you are
encouraged to also provide opportunities for individuals from additional diverse
categories (e.g. transgender, individuals with criminal records, etc.)
The Business Case: Why You Should Care About Diversity and Inclusion
Organizations with diverse and inclusive environments enhance their reputation
with job seekers, allowing them to attract the best workers.
Employees who feel included, valued, and rewarded are more engaged and
motivated. A worldwide survey of 3 million employees found that creating an
inclusive environment was a key driver in employee engagement and commitment,
and enhanced organizational performance.
Greater employee engagement reduces turnover. A 2008 study by Gallup
Management Group revealed that engaged employees had 51% lower turnover on
average, compared to less engaged workers.
In constantly changing environments, every situation brings new challenges.
Diverse and inclusive workforces harness employee talent to see situations through
various perspectives and identify innovative solutions.
Diverse workplaces demonstrate dynamic decision making inclusive of diverse
views and experiences.
A diverse, inclusive workforce is better able to reflect and respond to the needs of
an array of current and potential customers.
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 3
The Toolkit: Its Purpose and Use
This toolkit is designed to help you realize these and other benefits for your business while
complying with the CIITAP requirements for the inclusion of women, people of color,
individuals with disabilities, and members of other diverse groups in your workforce.
CIITAP Requirements for Diversity and Inclusion
In 2016, the City of Ithaca Common Council voted to incorporate diversity and inclusion
requirements into CIITAP for single-use end users such as hotels and corporate headquarters.
In order to satisfy these requirements, the single-use project end users must commit to the
following:
1. Be an active member of the Diversity Consortium of Tompkins County1.
Active membership is defined as:
Pay annual membership dues
Attend a minimum of four meetings of the Diversity Consortium per calendar year
o Attend the bi-annual Diversity Roundtable
o Participate in at least two of the Diversity Consortium’s workshops and events
2. Establish and implement management strategies for hiring, retention, and
promotion.
The goal is to hire, retain, and promote diverse workers for full-time, part-time, and
internship positions at all levels of the organization, such that the number of women, people
of color, and people with disabilities employed by the organization meets or exceeds the
proportions of these groups within the City of Ithaca’s population2.
3. Identify and implement specific actions designed to reduce and address
unconscious workplace biases, such as through annual staff training.
The goal is to review and ensure that management and staff are aware of the existence and
impacts unconscious bias has on workplace culture and service delivery, creating an inclusive
environment for staff, customers, and clients. Is your company supporting its employees in
all ways? Are your products and services accessible to the entire community or only a select
1 See Resources for information on the Diversity Consortium of Tompkins County
2 Population demographics available from the Diversity Consortium of Tompkins County or
http://www.census.gov/quickfacts/table/PST045215/3638077
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 4
subset? The Diversity Consortium of Tompkins
County can provide guidance and training
opportunities on these important topics.
4. Annual Reporting
As a CIITAP single-use project end user you
must provide both the IDA and the Workforce
Diversity Advisory Committee an annual report
of your actions and workforce demographics.
Path to Successfully Meeting
CIITAP Requirements
Establish a business case for diversity
and inclusion: 3 Steps:
Step 1: Identify your organization's need
for a diverse and inclusive workplace.
The business case demonstrates the financial
benefits of a diverse and inclusive workforce and
positive impact on your customer base.
What diverse groups are missing from or minimally
represented in your current workforce? How might your
organization benefit from the experiences, talents, and
perspectives of a diverse workforce?
Step 2: Have a clear vision of what your
organization wants to achieve in terms of
diversity and inclusion.
Define the desired outcomes.
For example, do you want to improve service delivery to
customers? Improve employee engagement and retention?
Facilitate penetration into a new market?
QUESTIONS TO
CONSIDER IN
ESTABLISHING A BUSINESS
CASE
What are the key priorities of your
organization in the next 3-5 years?
(e.g.: market expansion, branding,
etc.)
Is your current workforce well poised
to help your organization achieve its
priorities?
What are the key challenges
/opportunities facing your
organization? Some areas to consider
include:
Market knowledge (e.g. to
deepen understanding of
clients and markets)
Staff retention and engagement
issues (e.g. low staff morale,
high turnover rate)
Staff effectiveness and
cohesion (e.g. productivity, silo
mentality)
Staff recruitment (e.g. difficulty
recruiting the right people)
Cost containment and/or
financial performance
How will more effective diversity
management benefit your
organization and help you achieve
your objectives?
What are the consequences of
inaction?
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 5
Step 3: Develop a diversity and inclusion
plan.
Creating a plan is essential to ensuring that
diversity and inclusion become integral to your
organization’s functions and fulfills its mission.
Assess Your Diversity Management
Strategies
This is where foundational pieces are reviewed.
Does leadership have buy-in? What is your
organizational culture? What systems are in place
or need to be put in place to support diversity and
inclusion? Leadership must champion the
organization’s vision and expectations through
role modeling, advocacy, communications,
employee development, departmental
infrastructure, and systems accountability.
Assess Implicit/Unconscious Bias
Unconscious bias in the workplace can
unknowingly hinder diversity recruitment and
retention efforts along with service delivery. To
test your unconscious bias, see below.3
Biases are pervasive, and we all have them! They
don’t always match up with our stated beliefs.
Generally, we tend to hold biases that favor the
social identity groups (race, gender, age, etc.) to
which we belong. Because implicit/unconscious
biases can influence behavior, they can
unknowingly hinder diversity and recruitment and
retention efforts, and negatively impact service
delivery. The good news is that biases can be
changed!
3 If you would like to get a sense of your own implicit biases, you may want to take one or more of the free Project
Implicit Tests™ at https://implicit.harvard.edu/implicit/takeatest.html.
Senior management
plays a critical role in
creating and sustaining
a diverse and inclusive
workforce by:
Demonstrating commitment
and accountability by not only
establishing relevant
performance measures, but
also regular monitoring of
progress;
Assigning personnel and
budget resources to diversity
management initiatives;
Communicating the
importance of diversity and
inclusion to all employees and
to set the tone of the
organization. This can be
articulated during
management meetings,
company events, and informal
sessions with employees;
Modeling the behaviors
expected of managers and
employees;
Being mindful of the role that
unconscious bias may play in
blocking progress;
Actively participating in
initiatives such as diversity,
inclusion, unconscious bias
training, workplace activities;
and
Living the organization’s
values and demonstrating
inclusive behavior.
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 6
Identify Workforce Goals and Strategies
One of the keys to the long-term success of a diversity program is to develop a diversity
strategy using the same deliberate goal-setting process used to formulate traditional business-
related goals. What is the goal of diversity at your organization? How broad is your diversity
focus? Strategic plans around diversity should include quantitative goals along with specific
timelines for reaching benchmarks and measuring progress, all of which provide direction and
promote action by employees. And having a well-defined strategy will help your business
attain its goals, whether those goals are to provide better service to clients, create a more
inclusive workplace culture, recruit and retain highly-qualified and talented diverse employees,
and/or implement programs which will create a pipeline of talent for the future.
Develop and Implement Plan
Develop an action plan including who is responsible for each action and when it will be
implemented. Provide an estimate of the resources (e.g. manpower, cost) needed to carry out
the initiatives. Establish measures of what success looks like.
Assess Progress and Sustain Changes
Monitor progress and timelines. Check in regularly to review outcomes. Sometimes check-
ins will reveal a change of course is needed. Establish processes and procedures to sustain
changes achieved.
Self-Assessments for Planning, Implementation, and
Sustainability of Diversity and Inclusion Efforts
The following self-assessment checklists will
assist your organization in managing your
diversity and inclusion initiatives. The
checklists will help you navigate the planning,
implementation, and sustainability phases.
Each phase builds upon the previous phase(s).
Your goals and strategies must
include actions taken to identify
and address unconscious bias in
the work place.
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 7
PHASE 1: Planning and Preparation
In the planning phase you are preparing your organization to most effectively engage in the areas of diversity
and inclusion.
DIVERSITY & INCLUSION COMPONENTS Yes No Observations/Remarks
I. Leadership Support and Commitment
Our leadership models and articulates our commitment to workplace
diversity and inclusion through our actions and communications
Our organization is an active member of the Diversity Consortium of
Tompkins County
Our leadership has activated a Diversity team/committee/council
Our leadership has designated sufficient resources (funding,
technology, expertise, and policies) to accomplish diversity goals
We have a strategy in place to ensure buy-in from key influencers
II. Strategic Plan for Diversity
Leadership has put in place an explicit vision and strategy to promote
workplace inclusion
The organization has concrete and measurable goals on what we want
to achieve in workplace inclusion. This could include demographic
targets linked to recruitment/promotion, targets of workplace culture,
or targets linked to business outcomes (e.g. sales, customer
satisfaction)
The organization has appointed senior executives, who look into
reviewing and introducing policies and practices to promote
workplace inclusion
The organization has set aside a dedicated budget for initiatives to
promote workplace inclusion
The organization has developed ongoing recruitment, retention, and
career development opportunities that target culturally diverse
individuals
III. Organizational Buy-In
The business case for workplace diversity and inclusion is clearly
articulated and communicated to the workforce
An internal and external communication plan is in place
IV. Assessment and Evaluation
Baseline needs assessment conducted (e.g. climate survey, focus
groups)
The Organization’s Leadership collects and analyzes demographic and
statistical information for use in planning and policy development
Leadership shall be evaluated on their cultural competence
Research best practices to identify proven approaches
V. Organizational Policies and Practices
Reviewed policies and practices for cultural competence
Reviewed recruitment and hiring practices for cultural competence
Reviewed retention rates and practices
VI. Training and Learning Support
Identified expert trainers for Diversity and Inclusion training and
development
In areas indicated with a “NO” response it is essential for management to implement strategies to
achieve a “YES”.
Continue to work on these planning and preparation goals while proceeding onto Phase 2:
Implementation.
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 8
PHASE 2: Implementation
During this phase your institution is carrying out and executing the plan. It is the practice of going from
development to “Going Live.”
Scale of Measurement: The scale of measurement is from 1 to 5 with five representing the highest score.
The purpose of the scale is to identify to the best of your knowledge where your organization is in the
development/implementation phase of each one of these components.
1 = not at all
2 = have but in name only
3 = in the early stages of development
4 = developed but not fully implemented
5 = completely developed and implemented
DIVERSITY & INCLUSION COMPONENTS 1 2 3 4 5 Observations/Remarks
I. Leadership Support and Commitment
Our leadership actively seeks resources to assist in implementation
process of our strategic plan
Our leadership receives ongoing coaching for cultural competence
Our leadership is held accountable for success of our Diversity
Initiative
II. Strategic Plan for Diversity
Our action plan is approved by leadership
Our departments actively implement strategic diversity goals
III. Organizational Buy-In
Diversity is a standing agenda item at our meetings and events
We regularly participate in community outreach efforts to support
diverse populations
IV. Assessment and Evaluation
We have developed a process for evaluating the effectiveness of our
efforts in implementing our Strategic Plan (training, events, and
committee progress reports) to determine if the action plan achieves
the goals previously set.
V. Organizational Policies and Practices
Our policies and practices are customized to support diversity and
inclusion values
We implement supplier diversity policies and practices
We are culturally competent in our recruitment and hiring practices
We are culturally competent in our retention and professional
development practices
VI. Training and Learning Support
Our leadership receives regular Diversity and Inclusion training
Our supervisors receive regular Diversity and Inclusion training
Our staff receives regular Diversity and Inclusion training
Upon reviewing your self-assessment, any score of 4 or below in a category (i.e. Leadership Support and
Commitment, Strategic Plan for Diversity, etc.) indicates areas in need of development before moving onto
the Sustainability phase of that category. The Diversity Consortium can advise your organization in fulfilling
each component.
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PHASE 3: Sustainability
During this phase, practices that were implemented continue and become organic to the organization.
Scale of Measurement: The scale of measurement is from 1 to 5 with five representing the highest score.
The purpose of the scale is to identify to the best of your knowledge where your organization is in the
development/implementation phase of each one of these components.
1 = not at all
2 = have but in name only
3 = in the early stages of development
4 = developed but not fully implemented
5 = completely developed and implemented
DIVERSITY & INCLUSION COMPONENTS 1 2 3 4 5 Observations/Remarks
I. Leadership Support and Commitment
Our leadership provides continuous visible support
Our diversity and inclusion officer/team/committee is permanently
integrated into our organizational structure
Our organization commits sufficient resources to achieve long-term
goals
II. Strategic Plan for Diversity and Inclusion
We regularly re-evaluate our goals to determine if our plan is still relevant
and if new goals are needed.
Our Strategic Plan is updated to reflect current implementation strategies
to achieve long-term goals
III. Organizational Buy-In
Diversity and inclusion competencies are embedded in our staff
performance review process
We regularly measure and display our diversity and inclusion progress
We regularly celebrate our diversity and inclusion successes
IV. Assessment and Evaluation
Our organization’s processes are evaluated for their impacts on diversity
and inclusion
We evaluate each employee’s performance with regards to their diversity
and inclusion responsibilities
V. Organizational Policies and Practices
All our new policies and practices are aligned with our diversity and
inclusion goals
We review the implementation of our supplier diversity policies and
practices
We review our recruitment and hiring practices for cultural competency
VI. Training and Learning Support
We provide diversity and Inclusion training for all new hires
We provide ongoing skill building (conflict resolution, communication)
We provide specialized training for frontline staff
We provide ongoing learning support for all staff
We provide culture-specific training for all staff
Upon reviewing your self-assessment, any score of 4 or below indicates areas in need of development. The
Diversity Consortium can advise your organization in fulfilling each component.
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 10
PHASE 4: Review and Assessment
A vibrant and healthy diversity and inclusion plan requires an ongoing organizational effort to reveal
and eliminate cultural and structural barriers to diversity and inclusion in the workplace.
The self-assessments and phases outlined in this toolkit are designed to provide a framework for
evaluating and re-evaluating your organization’s progress in achieving your diversity and inclusion
goals as your community, organization, and workplace evolves.
Resources
Diversity Consortium of Tompkins County, Inc.
(http://diversityconsortium.org/home.aspx)
P. O. Box 6714
Ithaca, NY 14851-6714
Please contact us at: administrator@diversityconsortium.org
Equal Employment Opportunity Commission (EEOC)
(https://www1.eeoc.gov/) 800-669-4000
Northeast ADA Center
(http://www.northeastada.org/) provides information, referrals, resources and training on
equal opportunity for individuals with disabilities and on the Americans with Disabilities Act
to individuals and organizations in New York, New Jersey, Puerto Rico, and the U.S. Virgin
Islands. The Center does not enforce the law; information and materials provided by the
Center is intended solely as informal guidance and are not a determination of your legal rights
or responsibilities. All communication with the Center is confidential. Contact at
800.949.4232 or northeastada@cornell.edu
Sample Voluntary Self-Identification of Disability Forms
See page 13
Workplace Diversity Management Toolkit and Manager’s Guide
(http://www.mom.gov.sg/~/media/mom/documents/employment-
practices/wdm/workplace%20diversity%20management%20tookit%20and%20managers%20guide.pdf)
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 11
Glossary
Business Case: A type of decision-making tool used to determine the effects a particular decision
will have on the business. It describes the benefits, costs, and impact.
Cultural Competence: Knowledge, awareness, and interpersonal skills that allow individuals to
increase their understanding, sensitivity, appreciation, and responsiveness to cultural differences and
the interactions resulting from them. The particulars of acquiring cultural competency vary among
different groups, and they involve an ongoing relational process tending to inclusion and trust-
building. A process of learning that leads to the ability to effectively respond to the challenges and
opportunities posed by the presence of social cultural diversity in a defined social system.
Disability: You are considered to have a disability under the Americans with Disabilities Act if you
have a physical or mental impairment or medical condition that substantially limits a major life
activity, or if you have a history or record of such an impairment or medical condition.
Diversity: The inclusion, integration, awareness, and appreciation of various cultures within a
workforce and the opportunity for the maximum utilization of individual members' talents, skills, and
perspectives with a view towards increasing the organization's productivity.
Diversity and Inclusion Plan: The mission, goals, objectives, and strategies that serve as a living
road map for incorporating diversity and inclusion in an organization.
Diversity Officer/Representative: A highly placed individual within the organization who has the
authority and responsibility to implement the Diversity Plans.
Gender: Gender refers to individual and cultural understandings of behaviors, roles, feelings, and
activities. Unlike sex category, biological factors do not determine gender. However, our current
sex/gender system links sex to gender through the naturalization and enforcement of gender
conventions and norms. The conflation of sex and gender identifies masculinity and femininity as the
“natural” and “normal” gender expressions for people assigned male and female respectively.
Certainly this is an accurate way to explain how some people experience gender, but it does not
accurately reflect all of our experiences. Some genders include masculine, feminine, genderqueer
(queer, fluid, or non-binary gender identity); agender (neutral or non-existent gender identity and/or
expression); cisgender (gender identity and/or expression that is “cis,” or “on the same side as”
assigned sex category); and transgender (any gender identity or expression that differs from sex
assignment). Trans refers to a range of non-cisgender identities, including transgender and
transsexual.
KEY THINGS TO KNOW:
Gender does not refer to sex category and gender is not the natural result of sex. Recognizing
“sex” and “gender” as discrete categories allows us to affirm all gender expressions
irrespective of assigned sex.
The sex binary assumes that all bodies are easily assigned to one of two sex categories, male
or female, even when sex asymmetries are present (for example, an individual with male
chromosomes and female sex organs). Cultural norms determine which physical
characteristics are fundamental to legal sex category assignment.
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 12
Sex assignment gives us a legal sex. Some (but certainly not all) trans people want the right to
change their legal sex to affirm their gender identity and/or for legal rights and protections.
Laws and legal processes for the regulation of sex category vary state by state.
Trans people, like cisgender people, should be given the right to privacy. Inquiries about
anyone’s genitals (outside of intimate or medical spaces) are serious invasions of privacy and
might count as harassment.
You can ask people how they identify if you are unsure of how to address them. Similarly, if
you are unsure of what pronouns to use, just ask.
Implicit/Unconscious Bias: Thoughts and feelings are “implicit” if we are unaware of them or
mistaken about their nature. We have a bias when, rather than being neutral, we have a preference for
(or aversion to) a person or group of people. Thus, we use the term “implicit bias” to describe when
we have attitudes towards people or associate stereotypes with them without our conscious
knowledge. A fairly commonplace example of this is seen in studies that show that people will
frequently associate criminality with black people without even realizing they’re doing it.
Inclusive Language: Words or phrases that include all potential audiences from any identity group.
Inclusive language does not assume or connote the absence of any group. An example of gender
inclusive language is using “police officers” instead of “policemen.”
Inclusion: The act of creating environments in which any individual or group can be and feel
welcomed, respected, supported, and valued to fully participate. An inclusive and welcoming climate
embraces differences and offers respect in words and actions for all people.
Key Stakeholder: Stakeholders are those who may be affected by or have an effect on an effort.
Key stakeholders are important within or to an organization, agency, or institution engaged in the
planning effort and can have either a positive or negative impact. They have the information you
need, or other important resources for solving the problem. Getting and keeping key stakeholders on
board is one of the most important aspects of any project. Key stakeholders may be those who
increase the credibility of your efforts; implement the interventions central to the effort; advocate for
changes to institutionalize the effort; and/or fund/authorize continuation or expansion of the effort.
Mission and Vision: Mission answers the question “Why do we exist?” Vision answers the question
“What will the future look like as we fulfill our mission? What will be different?” While mission is
about today, vision is about the future, what we will become. The mission is written in a short,
concise statement. The mission’s meaning should be able to be understood in one or two sentences.
The vision needs to be more than a statement. It should be a description. This description may be a
paragraph or a whole page. It should paint a picture of the future that will come to be as we carry out
our mission.
Race and/or Ethnicity: Any individual from the following racial and/or ethnic groups:
Black: Having origins in any of the Black racial groups of Africa or the Cape Verde Islands.
Hispanic (Latino/a): Mexican, Puerto Rican, Cuban, Central, or South America, or other
Spanish culture or origin, regardless of race.
Asian or Pacific Islander: Having origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Islands.
Native American: Having origins in any of the original peoples of North America, and
maintaining cultural identification through tribal affiliations or community recognition.
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 13
Voluntary Self-Identification of Disability
Why are you being asked to complete this form?
As a participant in the CIITAP, we are committed to reach out to, hire, and provide equal opportunity to
qualified people with disabilities. To help us measure how well we are doing, we are asking you to tell us if
you have a disability or if you ever had a disability. Completing this form is voluntary, but we hope that you
will choose to fill it out. If you are applying for a job, any answer you give will be kept private and will not
be used against you in any way.
If you already work for us, your answer will not be used against you in any way. Because a person may
become disabled at any time, we are required to ask all of our employees to complete this form every year.
Please know that you will not be punished in any way if you choose to self-identify as having a disability
now and had not identified as having a disability earlier.
YOU ARE ONLY ASKED TO INDICATE YES OR NO ON THIS FORM; PLEASE DO NOT PROVIDE ANY
SPECIFIC INFORMATION ABOUT ANY DISABILITIES YOU MAY HAVE.
How do I know if I have a disability?
You are considered to have a disability under the Americans with Disabilities Act if you have a physical or
mental impairment or medical condition that substantially limits a major life activity, or if you have a history
or record of such an impairment or medical condition.
Disabilities include, but are not limited to:
Please check one of the boxes below:
☐ YES, I HAVE A DISABILITY (or previously had a disability)
☐ NO, I DON’T HAVE A DISABILITY
☐ I DON’T WISH TO ANSWER
__________________________ __________________
Your Name Today’s Date
Blindness Autism Bipolar disorder Post-traumatic stress disorder
(PTSD)
Deafness Cerebral palsy Major depression Obsessive compulsive disorder
Cancer HIV/AIDS Multiple sclerosis
(MS)
Impairments requiring the use of a
wheelchair
Diabetes
Epilepsy
Schizophrenia
Muscular
dystrophy
Missing limbs or
partially missing
limbs
Intellectual disability (previously
called mental retardation)
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 14
Voluntary Self-Identification of Disability
Page 2 of 2
Reasonable Accommodation Notice
NY Human Rights Law requires employers with 4 or more employees to provide reasonable
accommodation to qualified individuals with disabilities. Please tell us if you require a reasonable
accommodation to apply for a job or to perform your job. Examples of reasonable accommodation include
making a change to the application process or work procedures, providing documents in an alternate
format, using a sign language interpreter, or using specialized equipment. PLEASE NOTE THAT THIS
VOLUNTARY SELF-IDENTIFICATION FORM IS NOT CONSIDERED A FORMAL REQUEST FOR
REASONABLE ACCOMMODATION. IF YOU HAVE A DISABILITY AND WOULD LIKE TO REQUEST A
REASONABLE ACCOMMODATION PLEASE CONTACT (Employer to insert accommodation request
contact here. Ideally this would be someone in HR, not a supervisor or other individual who is involved in
evaluating the employee.)
This form is a modified version the U.S. Department of Labor’s Voluntary Self-Identification of Disability Form CC-305
OMB Control Number 1250-0005, created specifically for the CIITAP Toolkit, for business that do not have federal
contracts totaling $10,000 or more. If your business has federal contracts of $10,000 or more, please use the required
federal form found at - https://www.dol.gov/ofccp/regs/compliance/sec503/Self_ID_Forms/VoluntarySelf-ID_CC-
305_ENG_JRF_QA_508c.pdf
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 15
CIITAP Annual Reporting Template and Data
Collection Forms
CIITAP Annual Self-Reporting Forms – Diversity & Inclusion
CIITAP Applicant Name: Date:
CIITAP Project Name:
Due date: March 1st
Reporting Period: Prior Calendar Year
Public Record Note: This report may be made available for public inspection. Do not include confidential information in your responses.
CIITAP REQUIREMENT YES NO
1. Have you provided workforce diversity goals on the following page?
2. Have you provided workforce diversity strategies on the following page?
3. Have you provided actions taken to address unconscious workforce bias on the
following page?
4. Have you completed and submitted the workforce demographic profile?
5. Have annual DCTC dues for the prior calendar year been paid?
6. Has a representative from your firm attended at least 4 meetings of the DCTC in the
prior calendar year?
7. Has a representative from your firm participated in at least 2 DCTC trainings offered in
the prior calendar year?
8. Has a representative from your firm attended the bi-annual DCTC conference (if held)?
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 16
If you answered “No” to any of the above questions please explain why:
Identify workforce diversity goals to increase hiring, retention, and promotion of women, people of color, and
people with disabilities:
Identify workforce diversity strategies utilized in the prior calendar year:
Identify actions taken to reduce and address unconscious workplace biases in the prior calendar year:
Do you seek technical assistance on diversity and inclusion workforce initiatives?
Attach workforce demographic profile and submit to both the Tompkins County Industrial Development Agency
(TCIDA) and the City of Ithaca.
Certification
I certify that the information provided is true and accurate to the best of my knowledge.
Name:
Title:
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 17
Workforce Demographic Profile
Data
accurate
as of:
CIITAP Applicant Name:
CIITAP Project Name:
Identity of Employer for Reported Workforce Data (fill in one name below)
Employer:
Company Workforce Community Comparisons
Permanent Employees
Labor Force
Estimates 2010 Population
Employer Workforce Data
City
of Tompkins
City
of Tompkins
Number Percent Ithaca County Ithaca County
Permanent Employees, by
Gender
Male 53% 51% 50% 50%
Female 47% 49% 50% 50%
Non-binary
Total 0 100% 100% 100% 100%
Permanent Employees, by
Race
White 76% 86% 67% 80%
Black or African American 5% 3% 6% 4%
American Indian or Alaskan
Native 1% 0% 0% 0%
Asian 13% 7% 16% 9%
Pacific Islander 0% 0% 0% 0%
Some other race 2% 1% 0% 0%
Two or more races 3% 2% 4% 3%
Hispanic or Latino (of any
race) NA NA NA 7% 4%
Total 0 100% 99% 100% 100%
Permanent Employees, by
Ethnicity
Hispanic or Latino origin
(of any race) 8% 4% See above
Not Hispanic or Latino 92% 96%
Total 0 100% 100%
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 18
Permanent Employees, by
Age
<25 52% 27%
25-44 31% 35%
45-64 16% 33%
65+ 1% 4%
Total 0 100% 99%
Permanent Employees, by
Disability
Disabled 6% 7%
Not Disabled 94% 93%
Total 0 100% 100%
Permanent Employees, by FT
Status
Full-time
Part-time
Total 0
Source for community labor force estimates: 2007-2011 American Community Survey, reported by the Cornell Program on
Applied Demographics
Source for population demographics: 2010 Decennial Census
CITY OF ITHACA DIVERSITY TOOLKIT FOR CIITAP APPLICANTS - 27 JULY 2017 19
Bibliography
“Best Practices in Achieving Workforce Diversity: U.S. Department of Commerce and Vice
President Al Gore’s National Partnership for Reinventing Government Benchmarking Study.” N.p.,
n.d. Web https://tinyurl.com/htfcdru
Hrd. "Glossary of Terms." Commonwealth of Massachusetts, Executive Office of Administration and Finance.
N.p., 09 June 2009. Web. 21 Mar. 2017. <http://www.mass.gov/anf/employment-equal-access-
disability/diversity-access-and-opportunity/glossary-of-terms.html>.
Kenely, Natalie. "The Importance of Training in Diversity Management." Workforce Diversity Network.
N.p., 09 Sept. 2013. Web.
<http://www.workforcediversitynetwork.com/res_articles_importancetrainingdiversitymanagement
.aspx>.
"Workplace Diversity Management Toolkit and Manager's Guide." Google. National Integration
Working Group for Workplaces, n.d. Web. 21 Mar. 2017. https://tinyurl.com/huxu87j
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning,” To Expand the Street Level Active Use Zone
A. Declaration of Lead Agency – Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposal to amend the City of Ithaca
Municipal Code, Chapter 325, Entitled “Zoning,” To Expand the Requirement for Street
Level Active Uses in the downtown area.
B. Declaration of Environmental Significance – Resolution
WHEREAS, The Common Council is considering a proposal to amend the Municipal
Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” To Expand the Requirement
for Street Level Active Uses in the Downtown Area; and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF), dated June 21, 2017;
and
WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental
Quality Review Ordinance; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the FEAF prepared by planning staff; now, therefore be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, dated June 21, 2017; 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.
C. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning,” To Expand the Street Level Active Use Zone
ORDINANCE NO. 2017-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325 (“Zoning”), Section 325-8D(3).(“Zoning Regulations-Additional
Restriction in the CBD Districts”) of the Municipal Code of the City of Ithaca is hereby
amended to read as follows:
(3) All properties located in the CBD district that contain a storefront that
fronts on the Primary Commons must contain an active use on the
street level for that portion of the building that fronts onto the Primary
Commons. Additionally, all properties located within the
boundaries shown on the map, entitled “Proposed Boundary for
Mandatory Street Level Active Use Overlay Zone (SLAUOZ)-July
2017” [that front on the Secondary Commons, as defined in Section
157-3 of the City Code, along with properties fronting on the North side
of Green Street between Geneva Street and the Tuning Fork, must
also contain active use on the street level for the portions of the
building that front onto the street.] Non-active uses are prohibited on
the storefronts that front onto the street or onto the Primary
Commons. Examples of non-active uses include, but are not limited to,
any residential uses or commercial activities that have blocked
windows. The boundaries of the street level active use zone are
shown on the map, entitled “Proposed Boundary For Mandatory Street
Level Active Use Overlay Zone-July May 2017”
(a) "Active uses" are defined as uses that encourage high levels
of pedestrian activity and enliven the streetscape, and create well-
lit spaces with ample visibility into the storefront area. Active uses
include, but are not limited to, the following:
[1] Retail store or service commercial facility.
[2] Restaurant, fast-food establishment, or tavern.
[3] Theater, bowling alley, auditorium, or other similar public
Place of assembly.
[4] Hotel.
[5] Bank or monetary institution.
[6] Confectionary, millinery, dressmaking and other activities
Involving light hand fabrication, as well as sales.
(b) Additional uses may be permitted if the Planning and
Development Board determines them to be an active use and
grants special approval for the use. The Planning Board may also
grant a special approval of a nonactive use if a property owner is
able to show that the physical structure is not easily adaptable to
be used as one of the above listed active uses.
Section 2. Chapter 325, Section 325-5, Zoning Map of the Municipal Code of the City
of Ithaca is hereby amended to create a Street Level Active Use Overlay Zone
(SLAUOZ) to include properties located [in the Primary and Secondary Commons, and
any properties located on the North Side of Green Street between Albany Street and the
Tuning Fork.] Within the boundaries displayed on the map entitled “Proposed
Boundary for Mandatory Street Level Active Use Overlay Zone (SLAUOZ)-July
2017”, [“Proposed Boundary for Mandatory Street Level Active Use Zone May 2017”], a
copy of which shall be on file in the City Clerk’s office.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 4. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
To: To
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: July 20, 2017
Re: Proposal to Expand Street-Level Active Uses in the Downtown Area
The purpose of this memo is to provide information regarding a proposal to expand the requirement for active
street-level uses in the downtown.
In March of 2016, the Common Council established a requirement that properties fronting on the primary
Commons have street-level active uses. Since that time the City has received interest in the expansion of
this requirement. Active uses on the street level encourage pedestrian activity, enliven the streetscape, and
increases a perception of safety on the street. Staff feels that the protection of active street front should not
be restricted to the Primary Commons, but should include all of the downtown active commercial areas,
including all properties located on the Secondary Commons, as defined in the City Code Section 157-3, as
well as properties that front on Green Street South Albany Street to the tuning fork. The boundaries of the
proposed district were discussed at the July Planning Committee meeting. In order to clarify which properties
were included within the overlay zone the language in the ordinance has been amended to say that the
boundary is shown on the map, entitled “Proposed Boundary for Street Level Active Use Overlay Zone-July
2017.” The changes that were made are tracked in the enclosed document.
The proposed ordinance and environmental assessment have been circulated to the City Planning Board, the
Conservation Advisory Council, the Board of Zoning Appeals, the Tompkins County Planning Department
and various other City staff and departments. Enclosed are comments that have been received. Also
enclosed for your consideration is a resolution establishing lead agency for this action and a resolution for
environmental significance. If you have any concerns or questions regarding any of this information, feel
free to contact me at 274-6410.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA –
607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
FEAF Components:
Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it assists in
a review of the analysis that takes place in Parts 2 and 3.
Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to
whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form
also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA IS FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE—TYPE I & UNLISTED ACTIONS
Identify the Portions of FEAF completed for this action: Part 1 Part 2 Part 3
Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that:
A. The Proposed Action will not result in any large and important impact(s) an is one that will not have a significant
impact on the environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED.
B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 have been required; therefore, A
CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. *
C. The proposed action may result in one or more large and important impacts that may have a significant impact on the
environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED.
* a Conditioned Negative Declaration is only valid for Unlisted Actions
Name of Action: Amendment to CBD Zone Requiring Street-Level Active Uses on the Secondary
Commons
Name of Lead Agency: City of Ithaca
Name and Title of Responsible Officer in Lead Agency: Mayor Svante Myrick
Signature of Responsible Officer in Lead Agency: __________________
Signature of Preparer: __________________
Date: 6/21/17
Page 2
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1 — PROJECT INFORMATION
NOTICE: This document is designed to assist in determining whether the action proposed may have a
significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these
questions will be considered as part of the application for approval and may be subject to further verification
and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on
information currently available and will not involve new studies, research or investigation. If information
requiring such additional work is unavailable, so indicate and specify each instance.
Name of Action: Amendment to CBD Zone Requiring Street-Level Active Uses on Secondary Commons
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 East Green Street, Ithaca, NY 14850
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone: 607-274-6550
Name of Owner (if different):
Address:
City/Town/Village: State: ZIP:
Business Phone:
Description of Action: Amendment to create Street Level Active Use Overaly Zone (SLAUOZ)
Page 3
Please Complete Each Question ― Indicate N/A if not applicable:
A. SITE DESCRIPTION
(Physical setting of overall project, both developed and undeveloped areas.)
1. Present Land Use: Urban Industrial Commercial Public Forest
Agricultural Other: ________
2. Total area of project area: ~22 Acres (chosen units also apply to following section)
Approximate Area (units in Question 2 apply to this section) Currently After Completion
2a. Meadow or Brushland (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area
2f. Public 1.5 1.5
2g. Water Surface Area
2h. Unvegetated (rock, earth or fill)
2i. Roads, buildings and other paved surfaces 22 22
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Howard Chenango/Urban Fill
3b. Soil Drainage: N/A Well-Drained, ______% of Site
Moderately Well-Drained, ______% of Site
Poorly Drained, ______% of Site
4a. Are there bedrock outcroppings on project site? Yes No N/A
4b. What is depth of bedrock? N/A (feet)
4c. What is depth to the water table? N/A (feet)
5. Approximate percentage of proposed project site
with slopes:
0-10% 100 % 10-15% %
15% or greater %
6a. Is project substantially contiguous to, or does it
contain a building, site or district, listed on or
eligible for the National or State Register of
Historic Places?
Yes No N/A If yes, identify:
Commons National Registered Historic District
Dewitt Park Historic District -Local & National
6b. Or designated a local landmark or in a local
landmark district?
Yes No N/A
Masonic Temple
Ithaca Electric & Gas-123 S. Cayuga Street
7. Do hunting or fishing opportunities presently
exist in the project area? Yes No N/A If yes, identify each species:
Page 4
A. SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant or
animal life that is identified as threatened or
endangered?
Yes No N/A
According to:
Identify each species:
9. Are there any unique or unusual landforms on the
project site? (i.e., cliffs, other geological
formations)
Yes No N/A
If yes, describe:
10. Is the project site presently used by the
community or neighborhood as an open space or
recreation area?
Yes No N/A
If yes, explain:
Outdoor Pedestrian Mall
11. Does the present site offer or include scenic views
known to be important to the community? Yes No N/A
If yes, describe:
East and West Hill
12. Is project within or contiguous to a site
designated a Unique Natural Area (UNA) or
critical environmental area by a local or state
agency?
Yes No N/A
If yes, describe:
13. Streams within or contiguous to project area:
N/A
a. Names of stream or name of river to which it is a
tributary: N/A
14. Lakes, ponds, wetland areas within or contiguous
to project area: N/A
a. Name:
b. Size (in acres):
15. Has the site been used for land disposal of solid
or hazardous wastes? Yes No N/A
Describe:
16. Is the site served by existing public utilities?
a. If Yes, does sufficient capacity exist to allow
connection?
b. If Yes, will improvements be necessary to
allow connection?
Yes No N/A
Yes No N/A
Yes No N/A
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
1a. Total contiguous area owned by project sponsor in acres: 1.6 (paved surfaces owned by City)
1b. Project acreage developed: 12.5 acres initially 12.5 acres ultimately
1c. Project acreage to remain undeveloped: N/A
1d. Length of project in miles: (if appropriate) 1,350 feet
1e. If project is an expansion, indicate percent of change proposed: N/A
1f. Number of off-street parking spaces existing: N/A proposed: N/A
Page 5
1g. Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A
1h. Height of tallest proposed structure: N/A feet. No structures are proposed;
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy?
2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site:
N/A or added to the site: N/A
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site:
acres: N/A type of vegetation: N/A
4. Will any mature trees or other locally important vegetation be removed by this project? N/A
5. Are there any plans for re-vegetation to replace that removed during construction? N/A
6. If single phase project, anticipated period of construction: N/A months (including demolition)
7. If multi-phased project, anticipated period of construction: N/A months (including demolition)
7a. Total number of phases anticipated: N/A
7b. Anticipated date of commencement for first phase: N/A month N/A year (including demolition)
7c. Approximate completion date of final phase: N/A month N/A year
7d. Is phase one financially dependent on subsequent phases? Yes No N/A
8. Will blasting occur during construction? Yes No N/A; if yes, explain:
9. Number of jobs generated: during construction: 0 after project is completed: 0
10. Number of jobs eliminated by this project: 0 Explain:
11. Will project require relocation of any projects or facilities? Yes No N/A; if yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes No N/A; if yes, explain:
12b. If #12a is yes, indicate type of waste (e.g., sewage, industrial, etc.): N/A
12c. If surface disposal, where specifically will effluent be discharged? N/A
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes No N/A; if yes, explain:
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood
plain? Yes No N/A
14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet
Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply.) N/A
14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as
described in Article 24 Of the ECL? Yes No N/A
14d. If #14a, b, or c is yes, explain: N/A
15a. Does project involve disposal or solid waste? Yes No N/A
15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No N/A
15c. If #15b is yes, give name of disposal facility: N/A and its location: N/A
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No N/A; if yes, explain:
15e. Will any solid waste be disposed of on site? Yes No N/A; if yes, explain:
16. Will project use herbicides or pesticides? Yes No N/A; if yes, specify:
Page 6
17. Will project affect a building or site listed on or eligible for the National or State Register of Historic
Places or a local landmark or in a landmark district? Yes No N/A; if yes, explain: Some
areas being re-zoned are located within Ithaca Commons Nationally Registered Historic District
and nearby to locally registered historic buildings.
18. Will project produce odors? Yes No N/A; if yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction? Yes
No N/A; After construction? Yes No N/A
20. Will project result in an increase of energy use? Yes No N/A; if yes, indicate type(s): N/A
21. Total anticipated water usage per day: gals/day: N/A Source of water: N/A
C. ZONING AND PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? Yes No N/A; if yes, indicate
the decision required:
Zoning Amendment Zoning Variance New/revision of master plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other:
2. What is the current zoning classification of site? CBD-60, CBD-85, CBD-100, CBD-120, CBD-140
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
N/A-This proposal will not affect maximum potential development
4. Is proposed use consistent with present zoning? Yes No N/A
5. If #4 is no, indicate desired zoning: Amended CBD Zoning
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
The proposed zoning amendment will not have an impact on maximum potential buildout
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
Yes No N/A; If no, explain:
8. What is the dominant land use and zoning classification within a ¼-mile radius of the project?
(e.g. R-1a or R-1b) B-1a, B-1b, B-2d, B-2c, B-2d, B-4, C-SU, CBD-100, CBD-120, CBD-140,CBD-50,
CBD-60, CBD-85, P-1, R-1a,R-1b, R-2a, R-2b, R-3a, & R-3aa
9. Is the proposed action compatible with adjacent land uses? Yes No N/A Explain:
10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A
10b. What is the minimum lot size proposed? N/A
11. Will the proposed action create a demand for any community-provided services? (e.g., recreation,
education, police, fire protection, etc.)? Yes No N/A Explain:
If yes, is existing capacity sufficient to handle projected demand? Yes No N/A
Explain: N/A
Page 7
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes No N/A If yes, is the existing road network adequate to handle the additional traffic?
Yes No N/A Explain:
D. APPROVALS
1. Approvals: Common Council Adoption
2a. Is any Federal permit required? Yes No N/A; Specify:
2b. Does project involve State or Federal funding or financing? Yes No N/A; If Yes, Specify:
2c. Local and Regional approvals:
Agency
Yes or No
Type of
Approval Required
Submittal
Date
Approval
Date
Common Council Yes Adoption
Board of Zoning Appeals (BZA) No
Planning & Development Board No
Ithaca Landmarks Preservation
Commission (ILPC) No
Board of Public Works (BPW) No
Fire Department No
Police Department No
Building Commissioner No
Ithaca Urban Renewal Agency
(IURA) No
E. INFORMATIONAL DETAILS
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts
associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid
them.
F. VERIFICATION
I certify the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: City of Ithaca
Name: Jennifer Kusznir
Title: Economic Development Planner
Signature: ____________________________
Page 8
City of Ithaca Full Environmental Assessment Form (FEAF)
PART 2 – PROJECT IMPACTS & THEIR MAGNITUDES
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to project
site? Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Any construction on slopes of 15% or greater, (15 foot rise per 100
foot of length), or where the general slope in the project exceeds
10%.
Yes No
Construction on land where the depth to the water table is less than 3
feet. Yes No
Construction of parking facility/area for 50 or more vehicles. Yes No
Construction on land where bedrock is exposed or generally within 3
feet of existing ground surface. Yes No
Construction that will continue for more than 1 year or involve more
than one phase or stage. Yes No
Evacuation for mining purposes that would remove more than 1,000
tons of natural material (i.e., rock or soil) per year. Yes No
Construction of any new sanitary landfill. Yes No
Construction in a designated floodway. Yes No
Other impacts: existing development is in the 500 year flood plain Yes No
2. Will there be an effect on any unique landforms found on the site?
(i.e., cliffs, gorges, geological formations, etc.)
Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Specific land forms: Yes No
IMPACT ON WATER
3. Will project affect any water body designated as protected? (Under
article 15 or 24 of the Environmental Conservation Law, E.C.L.)
Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Developable area of site contains a protected water body Yes No
Dredging more than 100 cubic yards of material from channel of a
protected stream. Yes No
Extension of utility distribution facilities through a protected water
body. Yes No
Construction in a designated freshwater wetland. Yes No
Other impacts: Yes No
4. Will project affect any non-protected existing or new body of
water?
Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Page 9
A 10% increase or decrease in the surface area of any body of water
or more than a 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of a body of water that
exceeds 10,000 sq. ft. of surface area. Yes No
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga
Lake, or the Cayuga Inlet? Yes No
Other impacts: Yes No
5. Will project affect surface or groundwater quality?
Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project Change?
Project will require a discharge permit. Yes No
Project requires use of a source of water that does not have approval
to serve proposed project. Yes No
Construction or operation causing any contamination of a public
water supply system. Yes No
Project will adversely affect groundwater. Yes No
Liquid effluent will be conveyed off the site to facilities which
presently do not exist or have inadequate capacity.
Yes No
Project requiring a facility that would use water in excess of 20,000
gallons per day or 500 gallons per minute.
Yes No
Project will likely cause siltation or other discharge into an existing
body of water to the extent that there will be an obvious visual
contrast to natural conditions.
Yes No
Proposed Action will require the storage of petroleum or chemical
products greater than 1,100 gallons.
Yes No
Other impacts: Yes No
6. Will project alter drainage flow, drainage patterns or surface
water runoff?
Yes No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be
Reduced by
Project Change?
Project would impede floodwater flows. Yes No
Project is likely to cause substantial erosion. Yes No
Project is incompatible with existing drainage patterns. Yes No
Other impacts: Yes No
IMPACT ON AIR
7. Will project affect air quality?
Yes No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be
Reduced by Project
Change?
Project will induce 500 or more vehicle trips in any 8-hour period
per day. Yes No
Project will result in the incineration of more than 2.5 tons of refuse
per 24-hour day. Yes No
Project emission rate of all contaminants will exceed 5 lbs per hour
or a heat source producing more than 10 million BTUs per hour. Yes No
Page 10
Other impacts: Yes No
IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered
species?
Yes No
Small to Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Reduction of any species listed on the New York or
Federal list, using the site, found over, on, or near site. Yes No
Removal of any portion of a critical or significant
wildlife habitat. Yes No
Application of pesticide or herbicide more than twice a
year other than for agricultural purposes. Yes No
Other impacts: Yes No
9. Will proposed action substantially affect non-
threatened or non-endangered species?
Yes No
Small to Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Proposed action would substantially interfere with any
resident or migratory fish or wildlife species. Yes No
Proposed action requires the removal or more than 1/2
acre of mature woods or other locally important
vegetation.
Yes No
Other impacts: X Yes No
IMPACT ON AESTHETIC RESOURCES
10. Will the proposed action affect views, vistas or the
visual character of the neighborhood or community?
Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by Project
Change?
Proposed land uses, or proposed action components
obviously different from or in sharp contrast to current
surrounding land use patterns, whether man-made or
natural.
Yes No
Proposed land use, or proposed action components
visible to users of aesthetic resources which will
eliminate or significantly reduce their enjoyment of
aesthetic qualities of that resource.
Yes No
Proposed action will result in the elimination or major
screening of scenic views known to be important to the
area.
Yes No
Other impacts: Yes No
IMPACT ON HISTORIC & ARCHAEOLOGICAL RESOURCES ― See Part III
11. Will proposed action impact any site or structure of
historic, prehistoric or paleontological importance?
Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Page 11
Proposed action occurring wholly or partially within or
contiguous to any facility or site listed on or eligible for
the National or State Register of Historic Places.
Yes No
Any impact to an archaeological site or fossil bed
located within the project site. Yes No
Proposed action occurring wholly or partially within
or contiguous to any site designated as a local
landmark or in a landmark district.
Yes No
Other impacts: Yes No
IMPACT ON OPEN SPACE AND RECREATION
12. Will the proposed action affect the quantity or
quality of existing or future open spaces or recreational
opportunities?
Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
The permanent foreclosure of a future recreational
opportunity. Yes No
A major reduction of an open space important to the
community. Yes No
Other impacts: Yes No
IMPACT ON UNIQUE NATURAL AREAS AND CRITICAL ENVIRONMENTAL AREAS
13. Will the proposed action impact the exceptional or unique characteristics of a site designated as a unique
natural area (UNA) or a critical environmental area (CEA) by a local or state agency? Yes No
Proposed Action to locate within a UNA or CEA? Yes No
Proposed Action will result in a reduction in the quality of the resource Yes No
Proposed Action will impact the use, function or enjoyment of the resource Yes No
Other impacts: Yes No
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing
transportation systems?
Yes No
Small to
Moderate
Impact
Potential Large Impact
Can Impact be
Reduced by Project
Change?
Alteration of present patterns of movement of
people and/or goods. Yes No
Proposed action will result in major traffic
problems. Yes No
Other impacts: Yes No
IMPACT ON ENERGY
15. Will proposed action affect the community's
sources of fuel or energy supply?
Yes No
Small to
Moderate
Impact
Potential Large Impact
Can Impact be
Reduced by
Project Change?
Page 12
Proposed action causing greater than 5% increase
in any form of energy used in municipality. Yes No
Proposed action requiring the creation or
extension of an energy transmission or supply
system to serve more than 50 single or two
family residences.
Yes No
Other impacts: Yes No
IMPACT ON NOISE AND ODORS
16. Will there be objectionable odors, noise,
glare, vibration or electrical disturbance during
construction of or after completion of this
proposed action?
Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced
by Project Change?
Blasting within 1,500 feet of a hospital, school,
or other sensitive facility? Yes No
Odors will occur routinely (more than one hour
per day) Yes No
Proposed action will produce operating noise
exceeding the local ambient noise levels for
noise outside of structure.
Yes No
Proposed action will remove natural barriers that
would act as a noise screen. Yes No
Other impacts: Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety?
Yes No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be Reduced by
Project Change?
Proposed action will cause a risk of explosion or release of
hazardous substances (i.e. oil, pesticides, chemicals,
radiation, etc.) in the event of accident or upset conditions,
or there will be a chronic low-level discharge or emission.
Yes No
Proposed action may result in the burial of “hazardous
wastes” in any form (i.e., toxic, poisonous, highly reactive,
radioactive, irritating, infectious, etc.)
Yes No
Proposed action may result in the excavation or other
disturbance within 2,000 feet of a site used for the disposal
of solid or hazardous wastes.
Yes No
Proposed action will result in the handling or disposal or
hazardous wastes (i.e., toxic, poisonous, highly reactive,
radioactive, irritating, infectious, etc., including wastes that
are solid, semi-solid, liquid, or contain gases).
Yes No
Storage facilities for 50,000 or more gallons of any liquid
fuel. Yes No
Page 13
Use of any chemical for de-icing, soil stabilization or the
control of vegetation, insects or animal life on the premises
of any residential, commercial or industrial property in
excess of 30,000 square feet.
Yes No
Other impacts: Yes No
IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character
of the existing community?
See Part III Yes No
Small to
Moderate Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
The population of the City in which the
proposed action is located is likely to grow by
more than 5% of resident human population.
Yes No
The municipal budgets for capital
expenditures or operating services will
increase by more than 5% per year as a result
of this proposed action.
Yes No
Proposed action will conflict with officially
adopted plans or goals: Yes No
Proposed action will cause a change in the
density of land use. Yes No
The proposed action will replace or eliminate
existing facilities, structures, or areas of
historic importance to the community.
Yes No
Development will create a demand for
additional community services (e.g. schools,
police, and fire, etc.
Yes No
Proposed action will set an important
precedent for future actions. Yes No
Proposed action will relocate 15 or more
employees in one or more businesses. Yes No
Other impacts: Yes No
19. Is there public controversy concerning the
proposed action? TBD― See Part III
Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
Either government or citizens of adjacent
communities have expressed opposition or
rejected the proposed action or have not been
contacted.
Yes No
Objections to the proposed action from within
the community. Yes No
If any action in Part II is identified as a potential large impact, or if you cannot determine the
magnitude of impact, proceed to Part III.
Page 14
City of Ithaca
Full Environmental Assessment Form (FEAF) — Part III
Proposed Amendment to Establish a Street level Active Use Overlay Zone on the Primary and
Secondary Commons
June 21, 2017
PROPOSED ACTION
The proposed action will create a Street Level Active Use Overaly Zone (SLAUOZ) for the Primary and
Secondary Commons. In March of 2016, the Common Council established a requirement that properties
fronting on the primary Commons have street-level active uses. Active uses on the street level encourage
pedestrian activity, enliven the streetscape, and increases a perception of safety on the street. Staff feels that
the protection of active street front should not be restricted to the Primary Commons, but should include all of
the downtown active commercial areas, including all properties located on the Secondary Commons, as defined
in the City Code Section 157-3, as well as properties that front on Green Street South Albany Street to the
tuning fork. The boundary is shown on the attached map, entitled “Proposed Boundary for Mandatory Ground
Floor Active Use Zone-May 2017.”
The ordinance that was previously passed for the Commons states that all properties located in the CBD district
that contain a storefront that fronts on the Primary Commons, must contain an active use on the street level, for
that portion of the building that fronts onto the Primary Commons. Non-active uses are prohibited on the
storefronts that front on the primary Commons. Examples of non-active uses include, but are not limited to,
any residential uses, or commercial activities that have blocked windows. The ordinance further states that the
Planning Board has the authority to grant special approval for non-active uses if a property owner is able to
show that the physical structure is not easily adaptable to be used as an active use.
This concept is supported by the City Comprehensive Plan, which was adopted by the Common Council in
September 2015. The plan outlines future uses for the downtown/core business area and states that ground-
level active commercial activity will enliven the streetscape. This idea is also reinforced by the Downtown
Ithaca Alliance 2020 Strategic Plan. The Strategic Plan states that the plan relies on a dense urban core with a
pedestrian-friendly street level environment, and calls for zoning changes to encourage street level activity. It
further states that one of the key downtown planning principles is to maintain street-level retail uses in key
locations.
Active uses include, but are not limited to the following:
Retail Store or Service Commercial Facility
Restaurant, fast food establishment, or tavern
Theater, bowling alley, Auditorium, or other similar public place of assembly
Hotel
Library or Fire Station
Public park or Playground
Bank or Monetary Institution
Additional uses may be permitted, if the Planning Board determines them to be an active use and grants special
approval for the use.
The proposed zoning change is intended to help support the investment the City has recently made in the
Commons and make it a more vibrant, welcoming environment.
Page 15
ENVIRONMENTAL IMPACTS
Impact on Historic & Archaeological Resources ― Small to Moderate Impact
The proposed zoning affects properties that front on the nationally registered Ithaca Commons Historic District.
The amendment will only impact allowable uses on the ground floor and should not negatively impact any of
the structures.
Impact on Growth & Character of the Community or Neighborhood ― Small to Moderate Impact
The action being reviewed is a zoning change that will require active uses on the street level. All zoning
changes create a precedent for future amendments. Negative impacts are not anticipated as a result of this
proposal.
Public Controversy
A Public Hearing for this action is scheduled to be held on July 12, 2017. At this time, no comments have been
received on this proposal.
EAST STATE STREEP A R K E R S T R E E T HUDSON STREETSENECA WAYTERRANCE P L A CEFOUNTAIN PLACEWILLETS PLACE
EAST BUFFALO STREETEAST SENECA STREETEAST GREEN STREETS O U T H A L B A N Y S T R E E T
W SENECA STREETS O U T H C A Y U G A S T R E E T
WEST STATE STREETS O U T H G E N E V A S T R E E T
0500250feetNY State Plane, Central GRS 80 DatumMap Source: Tompkins County Digital Planimetric Map 1991-2015State of New York Tompkins County Overflight, 2007Map Prepared by: GIS Planning, City of Ithaca, NY, 17 July 2017.
Re: Proposal to Expand Street-Level Active Use Requirements
Daniel Keough [danielkeough@gmail.com]
Sent:Tuesday, June 27, 2017 12:21 PM
To:Jennifer Kusznir
Yes. Please expand active street level use requirements. AND ALLOW more active use in our
neighborhoods.
We still have the foolish parking requirements in places like my neighborhood, Fall Creek, which are anti-
sustainability, as if it were 1950. It's no longer 1950. We're so backwards in some of our zoning laws.
Do we want more cars, or better housing and commercial space options? If we want more cars we should
keep the off-street motor vehicle storage requirements. For those on Council that demand we keep them, don't
let them also say they care about housing affordability.
On Tue, Jun 27, 2017 at 12:02 PM, Deborah Grunder <DGrunder@cityofithaca.org> wrote:
Hello All,
Attached and available from the link below is information regarding a proposal to expand the
requirement for active street-level uses on the primary Commons to include the surrounding
streets.
http://www.cityofithaca.org/DocumentCenter/View/6259
The Planning and Economic Development of the Common Council will consider this proposal at
their regularly scheduled meeting on July 12, 2017. Your comments are respectfully requested
prior to July 5, 2017. If you have any questions, feel free to contact Jennifer Kusznir at
274-6410.
Deborah Grunder
Executive Assistant
Planning, Building, Zoning and Economic Development Department
City of Ithaca, 302 City Hall
108 East Green Street
Ithaca, NY 14850
Phone: (607) 274-6551
Fax: (607) 274-6558
Email: dgrunder@cityofithaca.org
“Never look down on anybody, unless you’re helping him/her up.”
Rev. Jesse Jackson (Minister, civil rights activist, politician, 1941-)
Re: Proposal to Expand Street-Level Active Use Requirements https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgAAA...
1 of 2 7/7/17, 10:02 AM
--
Daniel Keough
Re: Proposal to Expand Street-Level Active Use Requirements https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgAAA...
2 of 2 7/7/17, 10:02 AM
9.2 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Establish New Zoning for the Waterfront Area
A. Declaration of Lead Agency – Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, the proposed zoning amendment is a “TYPE I” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental
review; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposed new zoning for the waterfront
area.
B. Declaration of Environmental Significance – Resolution
WHEREAS, The Common Council is considering adoption of new zoning for the
waterfront area; and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF), dated April 17, 2017;
and
WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental
Quality Review Ordinance; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the FEAF prepared by planning staff; now, therefore be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, dated April 17, 2017; 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.
C. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter
325, Entitled “Zoning” To Establish New Zoning for the Waterfront Area
WHEREAS, on September 2, 2015, the Common Council adopted Plan Ithaca as
Phase I of the City Comprehensive Plan; and
WHEREAS, this plan identifies the desired future land uses in the City, as well as areas
where development is anticipated and encouraged, and identifies community goals and
recommendations for the City; and
WHEREAS, on August 17, 2015, the City of Ithaca Comprehensive Plan Committee
submitted a written recommendation to the City that included developing a plan for the
waterfront as a priority for the next phase of the City’s Comprehensive Plan; and
WHEREAS, in November of 2015, the Planning and Economic Development Committee
of the Common Council directed Planning Staff to begin working on a waterfront
development plan as a part of the next phase for the Comprehensive Plan; and
WHEREAS, on March 2, 2016, the Common Council adopted legislation establishing a
Temporary Mandatory Planned Unit Development (TMPUD) in order to provide the
Common Council with transitional oversight for potential development projects to ensure
development in the waterfront study area supports the goals of the City’s
Comprehensive Plan, while the plan for the waterfront and the associated new zoning
could be established; and
WHEREAS, the TMPUD was established for a period of 18 months, during which time
the Common Council was charged with adopting new zoning regulations for the
waterfront area; and
WHEREAS, the City Comprehensive Plan identifies the goals for the Waterfront Mixed
Use area as the creation of a mixed use district, including commercial, and housing,
with an emphasis on uses that create an active waterfront environment; and
WHEREAS, the City Comprehensive Plan further notes that “new development should
protect view sheds and allow public access to the waterfront, and pedestrian and
bicycle connections should be improved, and reducing the impacts of parking in new
development should be carefully considered; and
WHEREAS, in order to develop recommendations for the plan and for the zoning, the
City established a waterfront working group made up of 17 members of the public and
City Planning Staff; and
WHEREAS, the waterfront working group began meeting in September of 2016 and in
December of 2016 they hosted two open houses in order to solicit additional input from
the public; and
WHEREAS, given the deadline of establishing new zoning prior to the expiration of the
TMPUD in September 2017, the waterfront working group has focused on completing a
land use section of the plan and making recommendations for future zoning for the
Waterfront Study Area; and
WHEREAS, using feedback from the public and goals from Plan Ithaca the working
group has completed the land use section of the draft plan and has used this section to
make recommendations for changes to the current zoning in the Waterfront Study Area ;
and
WHEREAS, the Waterfront Working Group received extensive comments from Form
Ithaca, and the group reviewed and incorporated many of these comments, however, it
is recommended that some of the comments, including glazing and building entrance
requirements be addressed in design review guidelines; and
WHEREAS, the Waterfront Working Group recommends that the City consider
incorporating mandatory design review for all new construction in the waterfront in order
to ensure that any new structures are constructed to conform with the common vision
throughout the waterfront districts, and further recommends that the City develop
Design Guidelines for all of the Waterfront Zoning districts; and
WHEREAS, other comments from Form Ithaca regarding maximum block perimeter and
maximum block length were not included, but recognized to be important aspects of
defining the future neighborhoods. However, the group thought that these should be
recommendations that should wait until after the transportation chapter of the waterfron t
plan is completed. This would allow for a future transportation network to be defined
and a vision of future block sizes and streetscapes to be developed; and
WHEREAS, the group chose not to incorporate the recommended parking location
requirement due to the variety of lot sizes and types in the waterfront area, instead, it is
the recommendation of the waterfront working group that the City consider the
importance of maintaining on street parking in order to reduce the footprints of
standalone parking lots; and
WHEREAS, the Waterfront Working Group further recognizes that the recommended
zoning may not always account for specific project proposals that may be of a benefit to
the community, and therefore recommends that the City consider adopting legislation to
allow for Planned Unit Developments in the waterfront district; now, therefore be it
RESOLVED, That the Common Council does hereby adopt the Land Use Chapter of
the Waterfront Plan with the intent that the once the full Waterfront Plan is completed,
this chapter will be inserted as a part of the plan; now, therefore
ORDINANCE NO. 2017-
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 of the City Code be amended as follows:
Section 1. Chapter 325-3B of the Municipal Code of the City of Ithaca, entitled
“Definitions and Word Usage”, is hereby amended to add the following new definitions:
LIGHT INDUSTRIAL
Fabrication, processing, manufacturing, converting, altering, assembling or
other handling of products that:
A. Does not result in:
(1) Dissemination of noise, vibration, odor, dust, smoke, detectable gas or
fumes or their atmospheric pollutant beyond the boundaries of the property
lines in which such use is conducted;
(2) Unusual hazard of fire, explosion or other physical danger to any
person, building or vegetation;
(3) Radiation or interference with radio or television reception beyond the
boundary of the property;
(4) A harmful discharge of waste material or any other means of disposal
of waste material other than by delivery to an authorized, off-site treatment
facility;
HEAVY INDUSTRIAL
Fabrication, processing, manufacturing, converting, altering, assembling or
other handling of products. Heavy industrial uses may result in loud noises,
vibrations, or odors. These negative effects must be mitigated, so that the
impacts do not reach beyond the boundaries of the district where the use is
permitted.
HEALTH CARE FACILITY
Health Care Facilities are places that provide health care services, but are
not intended for overnight stay. Health Care Facilities may include, clinics,
outpatient care centers, and urgent care facilities.
FOOD PRODUCTION FACILITY
Any facility that is used to transform raw ingredients, by physical or chemical
means, into food or other items meant for human consumption, or for food
into other forms, including the processing and packaging of the food items.
Food Production Facilities may include, but are not limited to bakeries, brew
pubs, coffee roasters, wineries, food packaging facilities.
Section 2. Section 325-4 of the Municipal Code of the City of Ithaca, entitled
“Establishment of Districts”, is hereby amended in order to add the following zoning
districts:
WE/WFD West End/Waterfront District
CSD Cherry Street District
ND Newman District
MD Market District
Section 325-4 is further amended to delete the following zoning districts:
M-1 Marine Commercial
WF-1 Waterfront 1
WF-2 Waterfront 2
Section 3. Section 325-8 of the Municipal Code of the City of Ithaca is hereby
amended as follows to establish district regulations for the new WE/WF District and to
amend the District Regulations Chart as follows:
West End/Waterfront District (WE/WF)
Permitted Primary Uses – Permitted Primary uses may be combined in
a single building. All new construction must go through a mandatory
design review process.
1. Multiple Family dwelling (See § 325-3).
2. Rooming or boarding house.
3. Cooperative household (See § 325-3).
4. Townhouse or garden apartment housing.
5. Nursery school, child day care center, group Adult Day Care.
6. Nursing, convalescent or rest home.
7. Church and related buildings.
8. Public park or playground.
9. Library, fire station
10. Funeral Home or Mortuary
11. Business or professional Office
12. Bed and Breakfast Inns
13. Bank or Monetary Institution
14. Office of Government
15. Public, private or parochial school
16. Neighborhood commercial facility.
17. Retail store or service commercial facility.
18. Restaurant, fast food establishment, tavern.
19. Club, lodge or private social center.
20. Confectionery, millinery, dressmaking and other activities involving light
Hand fabrication as well as sales
21. Theater, bowling alley, auditorium or other similar place of public
assembly
22. Hotel, motel.
23. Water Related Light Industrial Uses, including boat fueling stations
24. Sale, rental, repair or storage, of marine related recreational equipment
Such as boats, marine engines, sails, cabin equipment
BY SPECIAL PERMIT OF BOARD OF APPEALS:
1. Redemption Center
2. Public utility structure except office.
3. Parking Garage, with design review.
Specifically Prohibited in the WE/WF District:
Specifically Prohibited: Heavy Industrial Uses, Non Water Related Light
Industrial, 1 and 2 family detached or semi-detached dwellings, Mobile
Homes, Propane or Petroleum Fuel Storage, Cemeteries, Casinos,
Fueling Stations, Single Story stand-alone Self-Storage Facilities and
no storage uses of any kind on the ground floor, except as an
accessory use, Big Box Retail, Drive Through Establishments, Large
Beverage Producers, Motor Vehicle Sales and Service, Printing,
Heating, a/c, etc.
Permitted Accessory Uses
1. Any accessory use permitted in the B-2 Zone
2. Boat fueling station
3. Snowmobile sales, service, rental in conjunction with boat sales, rental
Or service
4. Parking lot/parking garage
5. Dock
6. Outdoor storage of materials
7. 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 Requirement
None
Off Street Loading Requirement
1 space, unless an on street loading space is already provided for in the
public right of way
Minimum Lot Size (SF)
None
Minimum Width in Feet at Street Line
None
Maximum Building Length
New structures should be constructed to be no more than 100’ in length.
The Planning Board may grant an exception to this rule. A residential
structure composed of three or more attached modules with shared
sidewalls, the facade of each module measuring no more than 25 feet in
length and maintaining a uniform setback from the street line. Modules within
a row house may consist of a single dwelling unit or may contain multiple
vertically stacked dwelling units. Each module must have one street-facing
entry.
Maximum Building Height
Any building not located along the water can have a maximum building height of 63’
and 5 stories.
Waterfront Stepback Requirement
For any buildings located along the water, the first 10’ in depth of building facing
the water, must be between 2-3 stories in height. After the first 10 feet, buildings
may have a maximum height of 63’ and 5 stories. Any property that provides a
public walkway of at least 10’ along the waterfront is exempt from the stepback
requirement and may have a maximum building height of 63’ and 5 stories.
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum/Maximum Front Yard Setback- No front yard
setback is required, except as necessary to provide a minimum 5' sidewalk
and an 8' tree lawn. Buildings may be setback no more than 10’ from the
sidewalk.
Required Minimum Side Yard-5’, with the exception of townhouses and
row houses, and any other structure that shares a party wall, so long as
they do not exceed the maximum allowable building length for the zone
Required Minimum Other Side Yard- 5’, with the exception of
townhouses and row houses, and any other structure that shares a party
wall, so long as they do not exceed the maximum building length
Required Minimum Rear Yard- For properties located along the
waterfront, there is a minimum setback of 20' from the top of bank, except
for the eastern side of Inlet Island. On the eastern side of Inlet Island the
setback for buildings is 10’ from the water, with the exception of uncovered
at-grade structures such as decks, docks, and patios which have no
setback from the water. Uncovered structures must maintain visual
connectivity to uncovered structures on adjacent lots. Properties that are
less than 50’ in depth from the edge of the water are exempt from the
setback from the water. In some areas an additional setback from the
water may be required by the NYS DEC easement. For properties not
located directly adjacent to the water the minimum rear yard setback is 10'.
Minimum Frontage Buildout
60%
Minimum Building Height
For Water Dependent Uses there is no minimum building height. For any
non-water dependent uses, buildings must be a minimum of 2 stories in
height. The first story of any new structure must be 12-15’ in height,
measured floor to floor. Each additional story must be 10-12’ in height,
measured from floor to floor. Accessory structures of less than 250 SF
may be 1 story. As an exception any increase in first floor elevation, as
required to comply with flood plain regulations, can be included in the first
story minimum height requirement, however the first floor should not be
less than 10’ in height measured floor to floor.
Additional Restrictions
1. Lookout Point Restrictions
a. The first 100 feet south from the northern tip of Inlet Island is to remain a
no build area. In addition, in the first 300 feet south from the northern tip
of Inlet Island no building may be constructed that is greater than 1 story
in height.
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 Cherry Street District
(CSD), and to amend the District Regulations Chart as follows:
Cherry Street District (CSD)
Permitted Primary Uses-Permitted primary uses may be combined in a
single building. All new construction must go through a mandatory
design review process.
1. No residential uses are permitted south of Cecil Malone Drive. For
properties located north of Cecil Malone Drive, residential uses are
not permitted on the ground floor of any building.
2. Multiple Family dwelling (See § 325-3).
3. Rooming or boarding house.
4. Cooperative household (See § 325-3).
5. Townhouse or garden apartment housing.
6. Nursery school, child day care center, group Adult Day Care.
7. Nursing, convalescent or rest home.
8. Church and related buildings.
9. Public park or playground.
10. Library, fire station
11. Funeral Home or Mortuary
12. Business or professional Office
13. Bed and Breakfast Inns
14. Bank or Monetary Institution
15. Office of Government
16. Public, private or parochial school
17. Neighborhood commercial facility.
18. Retail store or service commercial facility.
19. Restaurant, fast food establishment, tavern.
20. Club, lodge or private social center.
21. Confectionery, millinery, dressmaking and other activities involving light
hand fabrication as well as sales.
22. Theater, bowling alley, auditorium or other similar place of public
assembly.
23. Hotel, motel.
24. Water Related Light Industrial Uses, including boat fueling stations
25. Sale, rental, repair or storage, of marine related recreational equipment
such as boats, marine engines, sails, cabin equipment
26. Light Industrial Uses
27. Food Production Facilities
28. Large Beverage Producers
29. Multi-level storage facilities, no ground floor storage
BY SPECIAL PERMIT OF BOARD OF APPEALS:
1. Redemption Center
2. Public utility structure except office.
Specifically Prohibited in the CSD:
Specifically Prohibited: Mobile Homes, Propane or Petroleum Fuel
Storage, Casinos, Fueling Stations, Single Story stand-alone Self-
Storage Facilities and no storage uses of any kind on the ground floor,
except as an accessory use, Big Box Retail, Drive-thru Establishments,
Cemeteries
Permitted Accessory Uses
1. Any accessory use permitted in the B-2 Zone
2. Boat fueling station
3. Snowmobile sales, service, rental in conjunction with boat sales, rental
or service
4. Parking lot/parking garage
5. Dock
6. Outdoor storage of materials
7. 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 Requirement
None
Off Street Loading Requirement
1 space, unless an on street loading space is already provided for in the
public right of way
Minimum Lot Size (SF)
None
Minimum Width in Feet at Street Line
None
Maximum Building Height
63’
5 Stories
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback is required,
except as necessary to provide a minimum 5' sidewalk and a preferred
8' tree lawn-When an 8’ tree lawn is not feasible, the Planning Board,
at their discretion, may reduce the tree lawn requirement to 5’.
Required Minimum Side Yard- 10’, with the exception of townhouses
and row houses, and any other structure that shares a party wall, s o
long as they do not exceed the maximum allowable building length for
the zone.
Required Minimum Other Side Yard- 10’, with the exception of
townhouses and row houses, and any other structure that shares a
party wall, so long as they do not exceed the maximum building length
Required Minimum Rear Yard- For properties located along the
waterfront, there is a minimum setback of 25' from the top of bank.
For properties not located directly adjacent to the water the minimum
rear yard setback is 10'.
Minimum Building Height
For Industrial Uses, including beverage producers and food production
facilities, there is no minimum building height. For any non-industrial
uses buildings must be a minimum of 2 stories in height. The first story
of any new structure must be 12-15’ in height, measured floor to floor.
Each additional story must be 10-12’ in height, measured from floor to
floor. As an exception any increase in first floor elevation, as required
to comply with flood plain regulations, can be included in the first story
minimum height requirement, however the first floor should not be less
than 10’ in height measured floor to floor.
Accessory structures of less than 250 SF may be 1 story.
Section 5. Section 325-8 of the Municipal Code of the City of Ithaca is hereby
amended as follows to establish district regulations for the new Newman District (ND),
and to amend the District Regulations Chart as follows:
Newman District (ND)
Permitted Primary Uses-Permitted primary uses may be combined in a
single building. All new construction must go through a mandatory
design review process.
1. Multiple Family dwelling (See § 325-3).
2. Rooming or boarding house.
3. Cooperative household (See § 325-3).
4. Townhouse or garden apartment housing.
5. Nursery school, child day care center, group Adult Day Care.
6. Nursing, convalescent or rest home.
7. Church and related buildings.
8. Public park or playground.
9. Library, fire station
10. Funeral Home or Mortuary
11. Business or professional Office
12. Bed and Breakfast Inns
13. Bank or Monetary Institution
14. Office of Government
15. Public, private or parochial school
16. Neighborhood commercial facility
17. Retail store or Service Commercial Facility
18. Restaurants, Fast Food Establishment, Tavern, with the exception of
establishments where food or drink is intended to be served to or
consumed by persons in automobiles
19. Club, Lodge or Private Social Center
20. Theater, Bowling Alley, Auditorium or Other Similar Place of Public
Assembly
21. Hotel/Motel/Boatel
22. Recreational or Cultural Facilities such as a Park, Playground, Art
Museum, fishing pier, or yacht club
23. Public Recreation
24. Sale, Rental, Repair, or Storage of Marine-related Recreational
Equipment, such as boats, marine engines, sails, cabin equipment,
and boat fueling
25. Community Gardens
Permitted Accessory Uses
1. Any accessory use permitted in the WE/WFD Zone,
2. Confectionary, Millinery, dressmaking, and Other Activities involving
Light Hand Fabrication, as well as sales.
3. Parking Garages
4. Dock
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
None
Minimum Width in Feet at Street Line
None
Maximum Building Height
For properties located along the waterfront, the first 12'in depth of building
facing the water is restricted to have a maximum building height of 2-3 stories
after that the building may step up to 5 stories. Properties not located
adjacent to the water have a maximum height of 5 stories and 63'.
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback is required,
except as necessary to provide a minimum 5' sidewalk and a preferred
8' tree lawn.
Required Minimum Side Yard- 5’, with the exception of
townhouses and row houses, and any other structure that shares
a party wall, so long as they do not exceed the maximum
allowable building length for the zone.
Required Minimum Other Side Yard- 5’, with the exception of
townhouses and row houses, and any other structure that shares
a party wall, so long as they do not exceed the maximum
allowable building length for the zone.
Required Minimum Rear Yard- For properties located along the
waterfront, there is a minimum setback of 20' from the top of bank For
properties not located directly adjacent to the water the minimum rear
yard setback is 10'.
Minimum Building Height
All new construction must be a minimum of 25’in height and 2 stories.
The first story of any new structure must be 12-15’ in height, measured
floor to floor. Each additional story must be 10-12’ in height, measured
from floor to floor. As an exception any increase in first floor elevation,
as required to comply with flood plain regulations, can be included in
the first story minimum height requirement, however the first floor
should not be less than 10’ in height measured floor to floor.
, Accessory structures of less than 250 SF may be 1 story.
Section 6. Section 325-8 of the Municipal Code of the City of Ithaca is hereby
amended as follows to establish district regulations for the new Market District (MD),
and to amend the District Regulations Chart as follows:
Market District (MD)
Permitted Primary Uses-Permitted primary uses may be combined in a
single building. All new construction must go through a mandatory
design review process.
1. Multiple Family dwelling (See § 325-3).
2. Rooming or boarding house.
3. Cooperative household (See § 325-3).
4. Townhouse or garden apartment housing.
5. Nursery school, child day care center, group Adult Day Care.
6. Nursing, convalescent or rest home.
7. Church and related buildings.
8. Public park or playground.
9. Library, fire station
10. Funeral Home or Mortuary
11. Business or professional Office
12. Bed and Breakfast Inns
13. Bank or Monetary Institution
14. Office of Government
15. Public, private or parochial school
16. Neighborhood commercial facility
17. Retail store or Service Commercial Facility
18. Restaurants, Tavern, Fast Food Establishment, with the exception of
establishments where food or drink is intended to be served to or
consumed by persons in automobiles
19. Club, Lodge or Private Social Center
20. Theater, Bowling Alley, Auditorium or Other Similar Place of Public
Assembly
21. Hotel/Motel/Boatel
22. Recreational or Cultural Facilities such as a Park, Playground, Art
Museum, fishing pier, or yacht club
23. Public Recreation
24. Sale, Rental, Repair, or Storage of Marine-related Recreational
Equipment, such as boats, marine engines,
25. Health Care facilities
26. Confectionary, Millinery, dressmaking, and Other Activities involving
Light Hand Fabrication, as well as sales.
27. Food Production Facilities
28. Community Gardens
Permitted Accessory Uses
1. Any accessory use permitted in the ND Zone
2. Drive-Thru Banking Services
3. Parking Garages
4. Dock
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
None
Minimum Width in Feet at Street Line
None
Maximum Building Height
For properties located along the waterfront, the first 12'in depth of building
facing the water is restricted to have a maximum building height of 2-3 stories
after that the building may step up to 5 stories. Properties not locat ed
adjacent to the water have a maximum height of 5 stories and 63'.
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback is required,
except as necessary to provide a minimum 5' sidewalk and an 8' tree
lawn
Required Minimum Side Yard- 5’, with the exception of
townhouses and row houses, and any other structure that shares
a party wall, so long as they do not exceed the maximum
allowable building length for the zone.
Required Minimum Other Side Yard- 5’, with the exception of
townhouses and row houses, and any other structure that shares
a party wall, so long as they do not exceed the maximum
allowable building length for the zone.
Required Minimum Rear Yard- For properties located along the
waterfront, there is a minimum setback of 20' from the top of bank. For
properties not located directly adjacent to the water the minimum rear
yard setback is 10'.
Minimum Building Height
All new construction must be a minimum of 25’in height and 2 stories.
The first story of any new structure must be 12-15’ in height, measured
floor to floor. Each additional story must be 10-12’ in height, measured
from floor to floor. As an exception any increase in first floor elevation,
as required to comply with flood plain regulations, can be included in
the first story minimum height requirement, however the first floor
should not be less than 10’ in height measured floor to floor.
Accessory structures of less than 250 SF may be 1 story.
Section 7. Section 325-8 of the Municipal Code of the City of Ithaca is hereby
amended to adjust the boundary of the Adult Use Overlay Zone in order to remove the
newly established Market District from the overlay zone. The boundary of the Adult Use
Overlay Zone is hereby established as shown on the map, entitled “Adult Use Overlay
Zone - 2017”
Section 8. The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the district regulations chart in accordance with the
amendments made herewith.
Section 9. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 10. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
BACK-UP ITEM 9.2
To: Planning Committee
From: Jennifer Kusznir, Economic Development Planner
Date: July 21, 2017
Re: Proposed Waterfront Zoning
The purpose of this memo is to provide information regarding the proposal to rezone the waterfront
area. This proposal was last discussed at the June Planning Committee meeting. Enclosed for
your consideration is the draft ordinance.
After the Planning Committee meeting, the Waterfront Working Group considered additional
comments that were received. It was pointed out that while each of the four zones permit
townhouses and row houses, the side yard requirements would not make it feasible to have
individual ownership of separate units. In order to allow for this, additional language has been
added to the side yard requirements in each of the zones that allows for zero side yards between
properties that contain a building with a shared party wall, as long as it does not exceed the
maximum building length. This should not be a substantive change to the ordinance just a minor
correction. The new language is highlighted and underlined.
The draft Full Environmental Assessment Form (FEAF) is enclosed along with comments that
have been received. Also, enclosed for your consideration are draft resolutions for lead agency
and environmental significance. If you have any concerns or questions regarding any of this
information, feel free to contact me at 274-6410.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING & ECONOMIC DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
(Prepared by Project Sponsor/Applicant) 4/25/17
NOTE: This document is designed to assist in determining whether proposed action may have a significant
effect on the environment. Please complete the entire form: Parts A through E. Answers to these questions
will be considered part of the application for approval and may be subject to further verification and public
review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is
expected that completion of the FEAF will depend on information currently available and will not involve
new studies, research, or investigation. If information requiring such additional work is unavailable, so
indicate and specify each instance.
Name of Action: Waterfront Rezoning
Location of Action: Waterfront Study Area
Name of Applicant/Sponsor: City of Ithaca
Address: 108 East Green Street
City/Town/Village: Ithaca State: New York ZIP: 14850
Business Phone: 607-274-6550 E-Mail: jkusznir@cityofithaca.org
Name of Owner (if different from applicant/sponsor):
Address:
City/Town/Village: State: ZIP:
Business Phone: E-Mail:
Description of Action: The action being considered is the adoption of new zoning for the waterfront
area. Specifically, the action includes the creation of four new zoning districts, the Cherry Street
District, the Newman District, the Market District, and the West End/ Waterfront District. The newly
created districts will be replacing areas formerly zoned, I-1, WF-1, WF-2, and P-1. See enclosed map
for the proposed boundaries of each of the four districts.
4/25/17 2
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: Urban Industrial Commercial Public Forest
Agricultural Other: _________________________
2. Total area of project area: _____225 acres _____ square feet. (Chosen units also apply to following
section.)
Approximate Area (Units in Question 2 above apply to this section.) Currently After Completion
2a. Meadow or Brushland (non-agricultural) 24
2b. Forested
2c. Agricultural 1.5
2d. Wetland [as per Article 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area 20
2f. Public 6.5
2g. Unvegetated (i.e., rock, earth, or fill)
2h. Roads, Buildings, & Other Paved Surfaces 173
2i. Other (indicate type): ___________________
3a. What is the predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): _Sloan-Teel, alluvial land,
Hamlin-Teel, Hamlin, fan-Palmyra________________
3b. Soil Drainage: Well-Drained: __ of Site
Moderately Well-Drained: 100% of Site
Poorly Drained: ______% of Site
4a. Are there bedrock outcroppings on project site? Yes No N/A
4b. What is depth of bedrock? unknown (feet)
4c. What is depth to the water table? unknown (feet)
5. Approximate percentage of proposed project site
with slopes:
0-10% 100 % 10-15% %
15% or greater %
6a. Is project substantially contiguous to, or does it
contain, a building, site, or district listed on or
eligible for the National or State Register of
Historic Places?
Yes No N/A
Chemung Canal Trust Company
6b. Or a designated local landmark or located in a
local landmark district?
Yes No N/A
Chemung Canal Trust Company
7. Do hunting and/or fishing opportunities currently
exist in the project area? Yes No N/A If “Yes,” identify each
species: Fishing
— PLEASE COMPLETE EVERY QUESTION. INDICATE “N/A,” IF NOT APPLICABLE. —
4/25/17 3
A. SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant
and/or animal life identified as threatened or
endangered?
Yes No N/A
According to: _____________________________
Identify each species: _______________________
9. Are there any unique or unusual landforms on
project site (i.e., cliffs, other geological
formations)?
Yes No N/A
Describe: ________________________________
10. Is project site currently used by community or
neighborhood as an open space or recreation
area?
Yes No N/A
If yes, explain: Ithaca Farmer’s Market, Inlet Island
Promenade, Lookout Point, Brindley Park, Sections
of the Cayuga Waterfront Trail
11. Does present site offer or include scenic views
known to be important to the community? Yes No N/A
Describe: Waterfront views, views of East, West,
and South Hills, Views of Cass Park
12. Is project within or contiguous to a site
designated a Unique Natural Area (UNA) or
critical environmental area by a local or state
agency?
Yes No N/A
Describe: _________________________________
13. Stream(s) within or contiguous to project area:
a. Names of stream(s) or river(s) to which it is a
tributary: Cayuga Inlet, Flood Control Channel,
Six Mile Creek, Cascadilla Creek
14. Lakes, ponds, or wetland areas within or
contiguous to project area:
a. Name(s): .75 acres of wetlands located on the
Cherry Street extension
b. Size(s) in acres: .75 acres
15. Has site been used for land disposal of solid
and/or hazardous wastes? Yes No N/A
Describe: See Part 3
16. Is site served by existing public utilities?
a. If “Yes,” does sufficient capacity exist to
allow connection?
b. If “Yes,” will improvements be necessary to
allow connection?
Yes No N/A
Yes No N/A
Yes No N/A
4/25/17 4
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate): ______________
1a. Total contiguous area owned by project sponsor either in acres: The total area being re-zoned is 225
acres. This area is owned by various private and public entities.
1b. Project acreage developed: +/- 60% Acres, initially: +/- 135 Acres, ultimately: Unknown
1c. Project acreage to remain undeveloped: NA
1d. Length of project in miles (if appropriate): NA or feet: NA
1e. If project is an expansion, indicate percentage change proposed: NA
1f. Number of existing off-street parking spaces: 323 Proposed: Unknown
1g. Maximum vehicular trips generated (on completion of project) per day: Unknown Per hour: ______
1h. Height of tallest proposed structure in feet: Tallest permitted structure in proposed zoning will be 63’
and 5 stories. No new structures are being proposed under this action. Any new structures will
undergo a separate environmental review as part of the site plan approval process.
1i. Linear feet of frontage along a public street or thoroughfare that the project will occupy: NA
2. Specify what type(s) of natural material (i.e., rock, earth, etc.) and how much will be removed from the
site: NA Or added to the site: NA
3. Specify what type(s) of vegetation (e.g., trees, shrubs, ground cover) and how much will be removed from
the site: Acres: NA Type(s) of Vegetation: NA
4. Will any mature trees or other locally important vegetation be removed for this project?
Yes No N/A If “Yes,” explain: ________________________________________________
5. Are there any plans for re-vegetation to replace vegetation removed during construction? NA
6. If single-phase project, anticipated period of construction: NA months (including demolition)
7. If multi-phase project, anticipated period of construction: NA months (including demolition)
7a. Total number of phases anticipated: NA
7b. Anticipated date of commencement for first phase: NA month NA year (including demolition)
7c. Approximate completion date of final phase: NA month NA year.
7d. Is phase one financially dependent on subsequent phases? Yes No N/A
8. Will blasting occur during construction? Yes No N/A If “Yes,” explain: NA
9. Number of jobs generated during construction: NA After project is completed: NA
10. Number of jobs eliminated by this project: NA Explain: NA
11. Will project require relocation of any projects or facilities? Yes No N/A If “Yes,” explain
4/25/17 5
B. PROJECT DESCRIPTION (concluded)
12a. Is surface or sub-surface liquid waste disposal involved? Yes No N/A If yes, explain:
12b. If #12a. If “Yes,” indicate type of waste (e.g., sewage, industrial, etc.):
12c. If surface disposal, where specifically will effluent be discharged?
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes No N/A If yes, explain: No change in water surface area is
anticipated as a result of this action. Any projects that are proposed in the new zoning will have to
undergo a separate environmental review as part of the site plan approval process.
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100-year
flood plain? Yes No N/A
14b. Does project or any portion of project occur wholly or partially within or contiguous to:
Cayuga Inlet Fall Creek Cascadilla Creek Cayuga Lake Six Mile Creek
Silver Creek? (Check all that apply.)
14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as
described in Article 24 of the ECL? Yes No N/A
14d. If #14a., b., or c. is “Yes,” explain: Portions of the waterfront area that are located along the Inlet
are in the 100 year flood plain. On Cherry the Street Extension there is approximately .75 acres of
undesignated wetlands (as described in Article 24 of the ECL).
15a. Does project involve disposal of solid waste? Yes No N/A
15b. If #15a. If “Yes,” will an existing solid waste disposal facility be used? Yes No N/A
15c. If #15b. is “Yes,” give name of disposal facility: NA and location: NA
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No N/A If “Yes,” explain:
15e. Will any solid waste be disposed of on site? Yes No N/A If “Yes,” explain:
16. Will project use herbicides or pesticides? Yes No N/A If “Yes,” specify:
17. Will project affect a building or site listed on or eligible for the National or State Register of historic
Places, or a local landmark, or in a landmark district? Yes No N/A If “Yes,” explain:
The Chemung Canal Bank building is a locally designated historic landmark and the current
protections will remain in place with the proposed zoning.
18. Will project produce odors? Yes No N/A If yes, explain: No odors are anticipated as a
result of this action. Any projects that are proposed in the new zoning will have to undergo a
separate environmental review as part of the site plan review process.
19. Will project produce operating noise exceeding the local ambient noise-level during construction?
Yes No N/A After construction? Yes No N/A No noise is anticipated as a
result of this action. Any projects that are proposed in the new zoning will have to undergo a
separate environmental review as part of the site plan review process.
20. Will project result in an increase of energy use? Yes No N/A If yes, indicate type(s):
21. Total anticipated water usage per day in gals./day: NA Source of water: NA
4/25/17 6
C. ZONING & PLANNING INFORMATION
1. Does proposed action involve a planning or zoning decision? Yes No N/A
If yes, indicate the decision(s) required:
Zoning Amendment Zoning Variance New/Revision of Master Plan Subdivision
Site Plan Review Special Use Permit Resource Management Plan
Other: ____________________
2. What is the current zoning classification of site? ___I-1, P-1, WF-1, WF-2_, and Adult Uses__________
3. If site is developed as permitted by current zoning, what is the maximum potential development?
Current Zoning has approximately 72 acres of industrially zoned land. Industrial land has a
maximum height of 4 stories and 50’ and 40% lot coverage. There is an additional 53 acres that are
zoned WF-1 and approximately 28 acres zoned WF-2. Both the WF-1 and WF-2 have a maximum
building height of 63’ and a maximum lot coverage of 100%.
4. Is proposed use consistent with present zoning? Yes No N/A
5. If #4 is “No,” indicate desired zoning: West End/Waterfront (WF), Cherry Street District (CSD),
Newman District (ND), Market District (MD)
6. If site is developed by proposed zoning, what is the maximum potential development of the site? The
proposed zoning has 60 acres zoned as the Market District, 33 acres zoned Newman District, 50
acres zoned West End/Waterfront District, and 86 acres zoned Cherry Street District. All four of
these districts have a maximum allowable height of 63’ and a maximum lot coverage of 100%.
7. Is proposed action consistent with the recommended uses in adopted local land use plans?
Yes No N/A If “No,” explain: _____________________________________________
8. What is the dominant land use and zoning classification within a ¼-mile radius of the project?
(e.g., R-1a, R-1b) SW-1, MH-1, SW-2, I-1, , P-1, WF-1, Wf-2, WEDZ-1a,WEDZ-1b, B-4, WEDZ-1b,
CBD-60, R-1a, R-2a, R-3a, R-3aa, R-2b, R-3b, B-2a, R-2c, B-2d, B-4
9. Is proposed action compatible with adjacent land uses? Yes No N/A Explain: ________
10a. If proposed action is the Subdivision of land, how many lots are proposed? NA
10b. What is the minimum lot size proposed? 3000 SF
11. Will proposed action create demand for any community-provided services? (e.g., recreation, education,
police, fire protection, etc.)? Yes No N/A Explain: Not as a result of the action, which is
for proposed zoning. Any projects that are proposed in the new zoning will have to undergo a
separate environmental review as part of the site plan review process.
If “Yes,” is existing capacity sufficient to handle projected demand? Yes No N/A
Explain: _____________________________
12. Will proposed action result in the generation of traffic significantly above present levels?
Yes No N/A Not as a result of the action, which is for proposed zoning. Any projects
that are proposed in the new zoning will have to undergo a separate environmental review as part
of the site plan review process.
If yes, is existing road network adequate to handle additional traffic?
Yes No N/A Explain: __________________________________________
4/25/17 7
D. APPROVALS
1. Approvals: Adoption by Common Council Adoption
2a. Is any Federal permit required? Yes No N/A Specify: _________________
2b. Does project involve State or Federal funding or financing? Yes No N/A
If “Yes,” specify: ______________________________________
2c. Local and Regional Approvals:
Agency Yes No Type of
Approval Required
Submittal
Date
Approval
Date
Common Council Adoption
Board of Zoning Appeals (BZA)
Planning & Development Board
Ithaca Landmarks Preservation
Commission (ILPC)
Board of Public Works (BPW)
Fire Department
Police Department
Director of Code Enforcement
Ithaca Urban Renewal Agency
(IURA)
Other: _____________________
4/25/17 8
E. INFORMATIONAL DETAILS
Attach any additional information that may be needed to clarify your project. If there are, or may be, any
adverse impacts associated with your proposal, please discuss such impacts and the measures which you
propose to mitigate or avoid them.
F. VERIFICATION
I certify the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: Jennifer Kusznir
Signature:
Title/Role: Senior Planner
----------------------------------------------------------------------------------------
4/25/17 9
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 - Project Impacts
Project Name: Waterfront District Re-Zoning
Date Created: 4/17/17
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to project site? Yes No Not as
a result of the action, which is for proposed zoning
Any construction on slopes of 15% or greater (15-foot rise per
100 feet of length) or where general slope in the project
exceeds 10%.
Yes No
Construction on land where depth to the water table is less
than 3 feet. Yes No
Construction of parking facility/area for 50 or more vehicles. Yes No
Construction on land where bedrock is exposed or generally
within 3 feet of existing ground surface. Yes No
Construction that will continue for more than 1 year or involve
more than one phase or stage. Yes No
Evacuation for mining purposes that would remove more than
1,000 tons of natural material (i.e., rock or soil) per year. Yes No
Construction of any new sanitary landfill. Yes No
Construction in designated floodway. Yes No
Other impacts (if any): Yes No
2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges,
geological formations, etc.)? Yes No
Specific land forms (if any): Yes No
4/25/17 10
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER
3. Will project affect any water body designated as protected (under article 15 or 24 of
Environmental Conservation Law, E.C.L.)? Yes No
Developable area of site contains protected water body. Yes No
Dredging more than 100 cubic yards of material from channel
of protected stream. Yes No
Extension of utility distribution facilities through protected
water body. Yes No
Construction in designated freshwater wetland. Yes No
Other impacts (if any):
Yes No
4. Will project affect any non-protected existing or new body of water? Yes No Not as a
result of the action, which is for proposed zoning.
A 10% increase or decrease in surface area of any body of
water or more than 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of body of water that
exceeds 10,000 sq. ft. of surface area. Yes No
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek,
Cayuga Lake, or Cayuga Inlet? Yes No
Other impacts (if any):
Yes No
4/25/17 11
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
5. Will project affect surface or groundwater quality? Yes No Not as a result of the
action, which is for proposed zoning
Project will require discharge permit. Yes No
Project requires use of source of water that does not have
approval to serve proposed project. Yes No
Construction or operation causing any contamination of a
public water supply system. Yes No
Project will adversely affect groundwater. Yes No
Liquid effluent will be conveyed off the site to facilities which
do not currently exist or that have inadequate capacity. Yes No
Project requiring a facility that would use water in excess of
20,000 gallons per day or 500 gallons per minute. Yes No
Project will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an
obvious visual contrast to natural conditions.
Yes No
Proposed action will require storage of petroleum or chemical
products greater than 1,100 gallons. Yes No
Other impacts (if any):
Yes No
4/25/17 12
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No
Not as a result of the action, which is for proposed zoning.
Project would impede floodwater flows. Yes No
Project is likely to cause substantial erosion. Yes No
Project is incompatible with existing drainage patterns. Yes No
Other impacts (if any
Yes No
IMPACT ON AIR
7. Will project affect air quality? Yes No Not as a result of the action, which is for
proposed zoning.
Project will induce 500 or more vehicle trips in any 8-hour
period per day. Yes No
Project will result in the incineration of more than 2.5 tons of
refuse per 24-hour day. Yes No
Project emission rate of all contaminants will exceed 5 lbs.
per hour or a heat source producing more than 10 million
BTUs per hour.
Yes No
Other impacts (if any):
Yes No
4/25/17 13
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered species? Yes No
Reduction of any species, listed on New York or Federal list,
using the site, found over, on, or near site. Yes No
Removal of any portion of a critical or significant wildlife
habitat. Yes No
Application of pesticide or herbicide more than twice a year
other than for agricultural purposes. Yes No
Other impacts (if any):
Yes No
9. Will proposed action substantially affect non-threatened or non-endangered species?
Yes No Not as a result of the action, which is for proposed zoning.
Proposed action would substantially interfere with any
resident or migratory fish, or wildlife species. Yes No
Proposed action requires removal or more than ½ acre of
mature woods or other locally important vegetation. Yes No
Other impacts (if any):
Yes No
4/25/17 14
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON AESTHETIC RESOURCES
10. Will proposed action affect views, vistas, or visual character of the neighborhood or
community? Yes No Not as a result of the action, which is for proposed zoning.
Proposed land uses or proposed action components
obviously different from, or in sharp contrast to, current
surrounding land use patterns, whether man-made or natural.
Yes No
Proposed land uses or proposed action components visible to
users of aesthetic resources which will eliminate or
significantly reduce their enjoyment of aesthetic qualities of
that resource.
Yes No
Proposed action will result in elimination or major screening
of scenic views known to be important to the area. Yes No
Other impacts (if any):
Yes No
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological
importance? Yes No
Proposed action occurring wholly or partially within, or
contiguous to, any facility or site listed on or eligible for the
National or State Register of Historic Places.
Yes No
Any impact to an archaeological site or fossil bed located
within the project site. Yes No
Proposed action occurring wholly or partially within, or
contiguous to, any site designated as a local landmark or in a
landmark district.
Yes No
Other impacts (if any):
Yes No
4/25/17 15
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON OPEN SPACE AND RECREATION
12. Will the proposed action affect the quantity or quality of existing or future open spaces, or
recreational opportunities? Yes No
The permanent foreclosure of a future recreational
opportunity. Yes No
A major reduction of an open space important to the
community. Yes No
Other impacts (if any):
Yes No
IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS
13. Will proposed action impact the exceptional or unique characteristics of a site designated
as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state
agency? Yes No
Proposed action to locate within a UNA or CEA? Yes No
Proposed action will result in reduction in the quality of the
resource. Yes No
Proposed action will impact use, function, or enjoyment of the
resource. Yes No
Other impacts (if any):
Yes No
4/25/17 16
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing transportation systems? Yes No Not as a result of
the action, which is for proposed zoning.
Alteration of present patterns of movement of people and/or
goods. Yes No
Proposed action will result in major traffic problems. Yes No
Other impacts:
Yes No
IMPACT ON ENERGY
15. Will proposed action affect community's sources of fuel or energy supply? Yes No
Proposed action causing greater than 5% increase in any
form of energy used in municipality. Yes No
Proposed action requiring creation or extension of an energy
transmission or supply system to serve more than 50 single-
or two-family residences.
Yes No
Other impacts (if any):
Yes No
4/25/17 17
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON NOISE AND ODORS
16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during
construction of, or after completion of, this proposed action? Yes No Not as a
result of the action, which is for proposed zoning.
Blasting within 1,500 feet of a hospital, school, or other
sensitive facility? Yes No
Odors will occur routinely (more than one hour per day). Yes No
Proposed action will produce operating noise exceeding local
ambient noise levels for noise outside of structure. Yes No
Proposed action will remove natural barriers that would act as
noise screen. Yes No
Other impacts (if any):
Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety? Yes No
Proposed action will cause risk of explosion or release of
hazardous substances (i.e., oil, pesticides, chemicals,
radiation, etc.) in the event of accident or upset conditions, or
there will be chronic low-level discharge or emission.
Yes No
Proposed action may result in burial of “hazardous wastes” in
any form (i.e., toxic, poisonous, highly reactive, radioactive,
irritating, infectious, etc.)
Yes No
Proposed action may result in excavation or other
disturbance within 2,000 feet of a site used for the disposal of
solid or hazardous wastes.
Yes No
Proposed action will result in handling or disposal or
hazardous wastes (i.e., toxic, poisonous, highly reactive,
radioactive, irritating, infectious, etc., including wastes that
are solid, semi-solid, liquid, or contain gases).
Yes No
4/25/17 18
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON PUBLIC HEALTH (cont.)
Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No
Use of any chemical for de-icing, soil stabilization, or control
of vegetation, insects, or animal life on the premises of any
residential, commercial, or industrial property in excess of
30,000 square feet.
Yes No
Other impacts (if any):
Yes No
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character of the existing community? Yes No -See
Part III
The population of the city in which the proposed action is
located is likely to grow by more than 5% of resident human
population.
Yes No
The municipal budgets for capital expenditures or operating
services will increase by more than 5% per year as a result of
this proposed action.
Yes No
Proposed action will conflict with officially adopted plans or
goals. Yes No
Proposed action will cause a change in the density of land
use. Yes No
Proposed action will replace or eliminate existing facilities,
structures, or areas of historic importance to the community. Yes No
Development will create demand for additional community
services (e.g., schools, police, and fire, etc.) Yes No
Proposed action will set an important precedent for future
actions. Yes No
Proposed action will relocate 15 or more employees in one or
more businesses. Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
4/25/17 19
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.)
Other impacts (if any):
Yes No
19. Is there public controversy concerning the proposed action? Yes No Unknown
----------------------------------------------------------------------------------------
4/25/17 20
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 - Project Impacts
Project Name: Waterfront District Re-Zoning
Date Created: 4/17/17
PROJECT DESCRIPTION
The action being considered is the adoption of new zoning for the waterfront area.
In September of 2015, the Common Council adopted Plan Ithaca as Phase I of the City Comprehensive Plan
and in November of 2015, staff was directed to begin working on a waterfront development plan as a part of
the next phase for the Comprehensive Plan.
In March of 2016, the Common Council adopted legislation establishing a Temporary Mandatory Planned
Unit Development (TMPUD) in the waterfront study for a period of 18 months. This was intended to allow
the Common Council to have transitional oversight for potential development projects and to ensure that
development in this area supports the goals of the City’s Comprehensive Plan, while the plan for the
waterfront and the associated new zoning could be established.
In order to develop recommendations for the plan and for the zoning a waterfront working group made up of
17 members of the public and City Planning Staff was established. The group began meeting regularly in
September of 2016. Given the deadline of establishing new zoning prior to the expiration of the TMPUD,
the waterfront working group has focused on completing a land use section of the plan and making
recommendations for future zoning for the Waterfront Study Area.
In December of 2016 the working group hosted two open houses to solicit additional input from the public.
Using feedback from the public and goals from Plan Ithaca the working group completed the land use section
of the draft plan.
This chapter includes the goals that were introduced in Phase 1 of the Comprehensive Plan and explains how
they are applicable to the waterfront area. When developing this plan, the working group specifically
referenced goals regarding protecting view sheds, allowing public access to the waterfront, enhancing
pedestrian and bicycle connections, reducing the impacts of parking in new developments, and creating a
mixed use district, including commercial, and housing, with an emphasis on uses that create an active
waterfront environment.
This chapter divides the waterfront area into four district character areas. The waterfront working group used
these areas to develop a recommendation for zoning for the waterfront.
IMPACT ON LAND, WATER, DRAINAGE, AIR
Since the action being evaluated is the adoption of new zoning, it does not contain any immediate physical
impacts on land, water, drainage, plants, or animals. Any new projects that are proposed will need to
undergo a complete environmental review as part of the site plan review process.
This zoning amendment may result in future development that could have construction on land where the
depth to the water table is less than 3 feet. This impact is small to moderate because the existing zoning
already allows development in this area and this is a common condition in the “flats” of the City. The
4/25/17 21
proposed zoning does not change the amount of construction that is permitted. Therefore the proposed action
does not significantly increase the impacts on land.
Additionally, future development may occur as a result of this action that could be located adjacent to the
Flood Control Channel, the Cayuga Inlet, Cascadilla Creek, or Fall Creek. Impacts as a result of this action
are expected to be minimal, since the level of development permitted will not change, only the permitted
uses.
Wetlands
On April 24, 2012, the City of Ithaca Planning Board passed a resolution for the Declaration of
Uninhabitable Land pertaining to a minor subdivision of City of Ithaca Tax Parcel # 100-2-1.2, Cherry
Street. The subdivision was for the existing 8.25-acre lot to be subdivided into two parcels. The parcel
fronting on Cherry Street measured 6.00 acres, and was transferred to the Ithaca Urban Renewal Agency
(IURA) for future sale and development. The remaining parcel, measured 2.25 acres and contained the .75
acres of wetlands. This parcel is protected from development in that it has been retained by the City for open
space (future potential for substitute park land). Also adopted was a permanent easements for utilities,
alignment for the future Black Diamond trail, and a proposed 25’ wetland buffer on the 6 acre parcel.
IMPACT ON HISTORIC AND ARCHAEIOLOGICAL RESOURCES
The proposed waterfront zoning area contains the Chemung Canal Bank building, located at 806 West
Buffalo Street. This structure is a locally registered landmark. The rezoning is expected to have a potential
future small to moderate impact because the proposed allowable uses in this area are similar to the existing
allowable uses.
IMPACT ON VIEWS
The proposed action is a rezoning that will allow for development along the waterfront. Any development
in the waterfront area may impact views of the waterfront. The area is currently zoned for development, so
the possible future impacts are expected to be about the same as any impacts that would result from
development that would be in compliance with the existing zoning. Future decisions about development will
be guided by Plan Ithaca, the City’s recently adopted comprehensive plan. In Section 3.3, Future Land Use
Categories, Waterfront Mixed Use, Planned Characteristics, it states; “New development should protect
view sheds and allow public access to the waterfront.
IMPACT ON PUBLIC HEALTH
Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal
of solid or hazardous wastes. Historically, much of this area was devoted to transportation; a barge canal
terminal, the Lehigh Valley Railroad, a trolley used for local transportation, and petroleum product storage.
Additionally, coal tar was transported west on Court Street via a wooden duct “to the barge-loading facility,
on the Cayuga Inlet. It has been reported that tar escaped from several subsurface structures on the plant site
and also from the conduits, creating an extensive (and unusually shaped) pattern of subsurface tar
contamination.” (Coal Tar Pollution: New York Cleanup Sites - Google
https://www.google.com/mymaps/viewer?mid=1cok783lvIMdGDCQh1qzJRjMf900&hl=en NYSEG
completed the remediation from the gas manufacturing plant on Buffalo and Plain Streets to the Cayuga
Inlet.
It is also known that coal tar exists in the northeast corner of the Ithaca Area Wastewater Treatment Facility.
Should anything be built in the location, the contamination would need to be remediated.
4/25/17 22
Finger Lakes Development, LLC (“Developer”) completed environmental remediation from contamination
caused by petroleum storage tanks in the late 90’s in preparation for the development of the Boatyard Grill
Restaurant on Inlet Island. Additionally, subsurface conditions on Inlet Island appear to require remediation
of approximately 4,500 to 7,500 cubic feet of contaminated soils from bulk fuel storage uses. This land is
currently under the ownership of the IURA and the City. However, the contamination existed prior to
City/IURA ownership.
Due to the history of this area, all land is suspect for contamination and will require further environmental
investigation.
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
The proposed change in the allowable uses for this area could have a moderate impact on the character of the
community. The largest potential impact is that there are 72 acres that are currently zoned industrial and do
not permit residential uses. The proposed zoning would limit industrial to light industrial and would allow
for residential uses in all zones in the waterfront district. This could result in new mixed use and residential
neighborhoods where they did not previously exist. However, given the high demand for housing in the
City, this is considered to be a positive impact.
1,0000500
feet
Cherry
Street
District
West End/
Waterfront
District
Market
District
Newman
District
Parcel Lines
Waterfront Boundary
Trails
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1 | P a g e
Deleted: 6/28/2017
PLANNING COMMITTEE:
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning” To Establish New Zoning for the
Waterfront Area
ORDINANCE NO. ____
1. WHEREAS, on September 2, 2015, the Common Council adopted
Plan Ithaca as Phase I of the City Comprehensive Plan, and
2. WHEREAS, this plan identifies the desired future land uses
in the City, as well as areas where development is
anticipated and encouraged, and identifies community goals
and recommendations for the City, and
3. WHEREAS, on August 17, 2015, the City of Ithaca
Comprehensive Plan Committee submitted a written
recommendation to the City that included developing a plan
for the waterfront as a priority for the next phase of the
City’s Comprehensive Plan, and
4. WHEREAS, in November of 2015, the Planning and Economic
Development Committee of the Common Council directed
Planning Staff to begin working on a waterfront development
plan as a part of the next phase for the Comprehensive Plan,
and
5. WHEREAS, on March 2, 2016, the Common Council adopted
legislation establishing a Temporary Mandatory Planned Unit
Development (TMPUD) in order to provide the Common Council
with transitional oversight for potential development
projects to ensure development in the waterfront study area
supports the goals of the City’s Comprehensive Plan, while
the plan for the waterfront and the associated new zoning
could be established, and
6. WHEREAS, the TMPUD was established for a period of 18 months,
during which time the Common Council was charged with
adopting new zoning regulations for the waterfront area, and
7. WHEREAS, the City Comprehensive Plan identifies the goals
for the Waterfront Mixed Use area as the creation of a mixed
use district, including commercial, and housing, with an
emphasis on uses that create an active waterfront
environment, and
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2 | P a g e
Deleted: 6/28/2017
8. WHEREAS, the City Comprehensive Plan further notes that “new
development should protect view sheds and allow public
access to the waterfront, and pedestrian and bicycle
connections should be improved, and reducing the impacts of
parking in new development should be carefully considered,
and
9. WHEREAS, in order to develop recommendations for the plan
and for the zoning, the City established a waterfront
working group made up of 17 members of the public and City
Planning Staff, and
10. WHEREAS, the waterfront working group began meeting in
September of 2016 and in December of 2016 they hosted two
open houses in order to solicit additional input from the
public, and
11. WHEREAS, given the deadline of establishing new zoning prior
to the expiration of the TMPUD in August 2017, the waterfront
working group has focused on completing a land use section
of the plan and making recommendations for future zoning for
the Waterfront Study Area, and
12. WHEREAS, using feedback from the public and goals from Plan
Ithaca the working group has completed the land use section
of the draft plan and has used this section to make
recommendations for changes to the current zoning in the
Waterfront Study Area,
13. WHEREAS, the Waterfront Working Group received extensive
comments from Form Ithaca, and the group reviewed and
incorporated many of these comments, however, it is
recommended that some of the comments, including glazing and
building entrance requirements be addressed in design review
guidelines,
14. WHEREAS, the Waterfront Working Group recommends that the
City consider incorporating mandatory design review for all
new construction in the waterfront in order to ensure that
any new structures are constructed to conform with the
common vision throughout the waterfront districts, and
further recommends that the City develop Design Guidelines
for all of the Waterfront Zoning districts, and
15. WHEREAS, other comments from Form Ithaca regarding maximum
block perimeter and maximum block length were not included,
but recognized to be important aspects of defining the
future neighborhoods. However, the group thought that these
should be recommendations that should wait until after the
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3 | P a g e
Deleted: 6/28/2017
transportation chapter of the waterfront plan is completed.
This would allow for a future transportation network to be
defined and a vision of future block sizes and streetscapes
to be developed, and
16. WHEREAS, the group chose not to incorporate the recommended
parking location requirement due to the variety of lot sizes
and types in the waterfront area, instead, it is the
recommendation of the waterfront working group that the City
consider the importance of maintaining on street parking in
order to reduce the footprints of standalone parking lots,
and
17. WHEREAS, the Waterfront Working Group further recognizes
that the recommended zoning may not always account for
specific project proposals that may be of a benefit to the
community, and therefore recommends that the City consider
adopting legislation to allow for Planned Unit Developments
in the waterfront districts, and
now therefore be it
RESOLVED, that the Common Council does hereby adopt the Land Use
Chapter of the Waterfront Plan with the intent that the once the
full Waterfront Plan is completed, this chapter will be inserted
as a part of the plan, and
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City
of Ithaca that Chapter 325 of the City Code be amended as
follows:
Section 1. Chapter 325-3B of the Municipal Code of the City of
Ithaca, entitled “Definitions and Word Usage”, is hereby amended
to add the following new definitions:
LIGHT INDUSTRIAL
Fabrication, processing, manufacturing, converting,
altering, assembling or other handling of products that:
A. Does not result in:
(1) Dissemination of noise, vibration, odor, dust,
smoke, detectable gas or fumes or their atmospheric
pollutant beyond the boundaries of the property lines in
which such use is conducted;
(2) Unusual hazard of fire, explosion or other physical
danger to any person, building or vegetation;
(3) Radiation or interference with radio or television
reception beyond the boundary of the property;
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4 | P a g e
Deleted: 6/28/2017
(4) A harmful discharge of waste material or any other
means of disposal of waste material other than by delivery
to an authorized, off-site treatment facility;
HEAVY INDUSTRIAL
Fabrication, processing, manufacturing, converting,
altering, assembling or other handling of products. Heavy
industrial uses may result in loud noises, vibrations, or
odors. These negative effects must be mitigated, so that
the impacts do not reach beyond the boundaries of the
district where the use is permitted.
HEALTH CARE FACILITY
Health Care Facilities are places that provide health care
services, but are not intended for overnight stay. Health
Care Facilities may include, , clinics, outpatient care
centers, and urgent care facilities.
FOOD PRODUCTION FACILITY
Any facility that is used to transform raw ingredients,
by physical or chemical means, into food or other items
meant for human consumption, or for food into other forms,
including the processing and packaging of the food items.
Food Production Facilities may include, but are not
limited to bakeries, brew pubs, coffee roasters, wineries,
food packaging facilities.
Section 2. Section 325-4 of the Municipal Code of the City of
Ithaca, entitled “Establishment of Districts”, is hereby amended
in order to add the following zoning districts:
WE/WFD West End/Waterfront District
CSD Cherry Street District
ND Newman District
MD Market District
Section 325-4 is further amended to delete the following zoning
districts:
M-1 Marine Commercial
WF-1 Waterfront 1
WF-2 Waterfront 2
Section 3. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new WE/WF District and to amend the District
Regulations Chart as follows:
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5 | P a g e
Deleted: 6/28/2017
West End/Waterfront District (WE/WF)
Permitted Primary Uses-Permitted primary uses may be
combined in a single building. All new construction must
go through a mandatory design review process.
1. Multiple Family dwelling (See § 325-3).
2. Rooming or boarding house.
3. Cooperative household (See § 325-3).
4. Townhouse or garden apartment housing.
5. Nursery school, child day care center, group Adult Day Care.
6. Nursing, convalescent or rest home.
7. Funeral Home or Mortuary
8. Business or professional Office
9. Bank or Monetary Institution
10. Office of Government
11. Public private parochial school
12. Retail store or service commercial facility.
13. Restaurant, fast food establishment, tavern.
14. Club, lodge or private social center.
15. Confectionery, millinery, dressmaking and other activities involving light hand
fabrication as well as sales.
16. Theater, bowling alley, auditorium or other similar place of public assembly.
17. Hotel, motel.
18. Water Related Light Industrial Uses, including boat fueling stations
19. Sale, rental, repair or storage, of marine related recreational equipment such as boats,
marine engines, sails, cabin equipment
BY SPECIAL PERMIT OF BOARD OF APPEALS:
20. Redemption Center
21. Neighborhood commercial facility.
22. Hospital or Sanatorium.
23. Bed and Breakfast Inns
24. Church and related buildings.
25. Public park or playground.
26. Library, fire station
27. Public utility structure except office.
28. All school and related buildings
29. Parking Garage, with design review.
Specifically Prohibited in the WE/WF District:
Specifically Prohibited: Heavy Industrial Uses, Non
Water Related Light Industrial, 1 and 2 family detached
or semi-detached dwellings, Mobile Homes, Propane or
Petroleum Fuel Storage ,Cemeteries, Casinos, Fueling
Stations, Single Story stand-alone Self-Storage
Facilities and no storage uses of any kind on the
Commented [CB1]: I don’t feel it is advisable to have zoning
allow boat fueling station, boat repair or water-related light
industrial be included in the same building as a multi fam ily
dwelling.
Move boat fueling to accessory use.
Commented [CB2]: If item 12 above is allowed,
laundromats and other neighborhood services should also be
allowed. I suggest this be included as a permitted primary
use.
Commented [CB3]: How is this to be interpreted as
compared to “Item 11. Public private parochial school” above?
6/29/2017
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Deleted: 6/28/2017
ground floor, except as an accessory use, Big Box
Retail, Drive Through Establishments, Large Beverage
Producers, Motor Vehicle Sales and Service, Printing,
Heating, a/c, etc.
Permitted Accessory Uses
1. Any accessory use permitted in the B-2 Zone
2. Boat fueling station
3. Snowmobile sales, service, rental in conjunction with
boat sales, rental or service
4. Parking lot/parking garage
5. Dock
6. Outdoor storage of materials
7. 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 Requirement
None
Off Street Loading Requirement
1 space, unless an on street loading space is already
provided for in the public right of way
Minimum Lot Size (SF)
None
Minimum Width in Feet at Street Line
None
Maximum Building Length
New structures should be constructed to be no more than 100’ in length. The
Planning Board may grant an exception to this rule. A residential structure
composed of three or more attached modules with shared sidewalls, the facade
of each module measuring no more than 25 feet in length and maintaining a
uniform setback from the street line. Modules within a row house may consist
of a single dwelling unit or may contain multiple vertically stacked dwelling
units. Each module must have one street-facing entry.
Maximum Building Height
Any building not located along the water can have a maximum
building height of 63’ and 5 stories.
Waterfront Stepback Requirement
For any buildings located along the water, the first 10’ of
building facing the water must be between 2-3 stories in
height. After the first 10 feet, buildings may have a
maximum height of 63’ and 5 stories. Any property that
provides a public walkway of at least 10’ along the
Deleted: 30
Commented [CB4]: By deleting the 30’ minimum and
minimum lot size, doesn’t this allow for the creation of strange
“panhandle” properties through subdivision? Specifically, I am
concerned about the area between the inlet and Fulton Street.
Commented [CB5]: This is missing a verb. Is this allowed
or prohibited?
Commented [CB6]: Is this to say that an apartment building
cannot have a common entrance? Or is this to define that a
row house must provide a separate entry on the street for
each unit?
Commented [CB7]: Must this public walkway be able to be
connected to other public walkways to be a continuous path?
What if the walkway doesn’t connect to anything? Are they
still exempt from the setback requirement?
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Deleted: 6/28/2017
waterfront is exempt from the stepback requirement and may
have a maximum building height of 63’ and 5 stories.
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Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum/Maximum Front Yard Setback- No front
yard setback is required, except as necessary to
provide a minimum 5' sidewalk and an 8' tree lawn.
Buildings may be setback no more than 10’ from the
sidewalk.
Required Minimum Side Yard-5’
Required Minimum Other Side Yard- 5’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
20' from the top of bank, except for the eastern side
of Inlet Island, where the setback for buildings is
10’ from the water. However, uncovered at-grade
structures such as decks, docks, and patios have no
setback from the water. Uncovered structures must
maintain visual connectivity to uncovered structures
on adjacent lots. Properties that are less than 50’
in depth from the edge of the water are exempt from
the setback from the water. In some areas an
additional setback from the water may be required by
the NYS DEC easement. For properties not located
directly adjacent to the water the minimum rear yard
setback is 10'.
Minimum Frontage Buildout
60%
Minimum Building Height
For Water Dependent Uses there is no minimum building
height. For any non-water dependent uses, buildings
must be a minimum of 2 stories in height. The first
story of any new structure must be 12-15’ in height,
measured floor to floor. Each additional story must
be 10-12’ in height, measured from floor to floor.
Accessory structures of less than 250 SF may be 1
story. As an exception any increase in first floor
elevation, as required to comply with flood plain
regulations, can be included in the first story
minimum height requirement, however the first floor
should not be less than 10’ in height measured floor
to floor.
Commented [CB8]: In order to encourage the movement of
the Waterfront Trail to the east shore of the Inlet, the decks
and patios should be designed to accommodate the
Waterfront Trail, and a 20’ setback (or however is needed) for
the trail should be required.
Commented [CB9]: This should be specified to apply to
properties on the west shore of the Inlet.
Commented [CB10]: How is this interpreted? If a lot
has frontage on two streets (Pete’s Laundry, Tompkins
Trust), do both frontages require a building along 60% of it?
There are parcels such as Agway which are long along
the street and very thin.
How does this apply when there is also no minimum
requirement for street frontage? If you have a 30’ foot
street frontage are you required to have a building on the
frontage of 18’?
Commented [CB11]: This is not allowed anywhere else in
the City. Why is it allowed here?
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Deleted: 6/28/2017
Additional Restrictions
1. Lookout Point Restrictions
a. The first 100 feet south from the northern tip of Inlet
Island is to remain a no build area. In addition, in
the first 300 feet south from the northern tip of Inlet
Island no building may be constructed that is greater
than 1 story in height.
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 Cherry Street District (CSD), and to
amend the District Regulations Chart as follows:
Cherry Street District (CSD)
Permitted Primary Uses-Permitted primary uses may be
combined in a single building. All new construction must
go through a mandatory design review process.
1. No residential uses are permitted south of Cecil Malone
Drive. For properties located north of Cecil Malone
Drive, residential uses are not permitted on the ground
floor of any building.
2. Multiple Family dwelling (See § 325-3).
3. Rooming or boarding house.
4. Cooperative household (See § 325-3).
5. Townhouse or garden apartment housing.
6. Nursery school, child day care center, group Adult Day Care.
7. Nursing, convalescent or rest home.
8. Funeral Home or Mortuary
9. Business or professional Office
10. Bank or Monetary Institution
11. Office of Government
12. Public private parochial school
13. Retail store or service commercial facility.
14. Restaurant, fast food establishment, tavern.
Commented [CB12]: It is not advisable to have zoning allow
industrial and residential uses in the same area, let alone in
the same building.
6/29/2017
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Deleted: 6/28/2017
15. Club, lodge or private social center.
16. Confectionery, millinery, dressmaking and other activities involving light hand
fabrication as well as sales.
17. Theater, bowling alley, auditorium or other similar place of public assembly.
18. Hotel, motel.
19. Water Related Light Industrial Uses, including boat fueling stations
20. Sale, rental, repair or storage, of marine related recreational equipment such as boats,
marine engines, sails, cabin equipment
21. Light Industrial Uses
22. Food Production Facilities
23. Large Beverage Producers
24. Multi-level storage facilities, no ground floor storage
BY SPECIAL PERMIT OF BOARD OF APPEALS:
25. Redemption Center
26. Neighborhood commercial facility.
27. Hospital or Sanatorium.
28. Bed and Breakfast Inns
29. Church and related buildings.
30. Public park or playground.
31. Library, fire station
32. Public utility structure except office.
33. All school and related buildings
34. Production
Specifically Prohibited in the CSD:
Specifically Prohibited: Mobile Homes, Propane or
Petroleum Fuel Storage, Casinos, Fueling Stations,
Single Story stand-alone Self-Storage Facilities and
no storage uses of any kind on the ground floor,
except as an accessory use, Big Box Retail, Drive-
thru Establishments, Cemeteries
Permitted Accessory Uses
1. Any accessory use permitted in the B-2 Zone
2. Boat fueling station
3. Snowmobile sales, service, rental in conjunction with
boat sales, rental or service
4. Parking lot/parking garage
5. Dock
6. Outdoor storage of materials
7. Storage of marine related recreation equipment such as
boats, marine engines, sails, cabin equipment as it
relates to permitted primary uses under zoning
Commented [CB13]: If this is in an industrial zone it should
allow ground floor storage use.
Commented [CB14]: How is this to be interpreted as
compared to “Item 12. Public private parochial school” above?
Commented [CB15]: Delete
Commented [CB16]: If this is in an industrial zone it
should allow ground floor storage use. Ground floor
storage is consistent with outdoor storage and redemption
centers.
Commented [CB17]: Already included as a permitted use
(although I don’t think it should be)
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Deleted: 6/28/2017
Off Street Parking Requirement
None
Off Street Loading Requirement
1 space, unless an on street loading space is already
provided for in the public right of way
Minimum Lot Size (SF)
None
Minimum Width in Feet at Street Line
None
Maximum Building Height
63’
5 Stories
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback is
required, except as necessary to provide a minimum 5'
sidewalk and a preferred 8' tree lawn-When an 8’ tree
lawn is not feasible, the Planning Board, at their
discretion, may reduce the tree lawn requirement to
5’.
Required Minimum Side Yard- 10’
Required Minimum Other Side Yard- 10’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
25' from the top of bank. For properties not located
directly adjacent to the water the minimum rear yard
setback is 10'.
Minimum Building Height
For Industrial Uses, including beverage producers and
food production facilities, there is no minimum
building height. For any non-industrial uses
buildings must be a minimum of 2 stories in height.
The first story of any new structure must be 12-15’
in height, measured floor to floor. Each additional
story must be 10-12’ in height, measured from floor
to floor. As an exception any increase in first floor
elevation, as required to comply with flood plain
regulations, can be included in the first story
minimum height requirement, however the first floor
should not be less than 10’ in height measured floor
to floor.
Deleted: 3000
Deleted: 30
Commented [CB18]: By deleting the 30’ minimum and
minimum lot size, doesn’t this allow for the creation of strange
“panhandle” properties through subdivision?
Commented [CB19]: Why this exemption?
6/29/2017
12 | P a g e
Deleted: 6/28/2017
Accessory structures of less than 250 SF may be 1
story.
Section 5. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new Newman District (ND), and to amend the
District Regulations Chart as follows:
Newman District (ND)
Permitted Primary Uses-Permitted primary uses may be
combined in a single building. All new construction must
go through a mandatory design review process.
1. Multiple Family dwelling (See § 325-3).
2. Rooming or boarding house.
3. Cooperative household (See § 325-3).
4. Townhouse or garden apartment housing.
5. Nursery school, child day care center, group Adult Day Care.
6. Nursing, convalescent or rest home.
7. Funeral Home or Mortuary
8. Business or professional Office
9. Bank or Monetary Institution
10. Office of Government
11. Public private parochial school
12.
13.
14. Retail store or Service Commercial Facility
15. Restaurants, Fast Food Establishment, Tavern, with
the exception of establishments where food or drink
is intended to be served to or consumed by persons in
automobiles
16. Club, Lodge or Private Social Center
17. Theater, Bowling Alley, Auditorium or Other Similar
Place of Public Assembly
18. Hotel/Motel/Boatel
19. Recreational or Cultural Facilities such as a Park,
Playground, Art Museum, fishing pier, or yacht club
20. Public Recreation
21. Sale, Rental, Repair, or Storage of Marine-related
Recreational Equipment, such as boats, marine engines,
sails, cabin equipment, and boat fueling
22. Community Gardens
Permitted Accessory Uses
1. Any accessory use permitted in the WE/WFD Zone,
2. Confectionary, Millinery, dressmaking, and Other
Activities involving Light Hand Fabrication, as well
as sales.
3. Parking Garages
4. Dock
Commented [CB20]: Please add disclosure requirement for
“right to protect WasteWater Treatment Facilities and
Expansion”-type legislation within 1200 foot setback from
IAWWTF.
Commented [CB21]: I don’t feel it is advisable to have
zoning allow a boat fueling station or boat repair be included
in the same building as a multi family dwelling.
Move boat fueling to accessory use.
Commented [CB22]: Why add this to the Newman District?
The industrial history of the area indicates a history of ground
contamination that is not appropriate for agricultural use.
6/29/2017
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Deleted: 6/28/2017
5.
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
None
Minimum Width in Feet at Street Line
None
Maximum Building Height
For properties located along the waterfront, the first 12'
building facing the water is restricted to have a maximum
building height of 2-3 stories after that the building may
step up to 5' stories. Properties not located adjacent to
the water have a maximum of 5 stories and 63'
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback is
required, except as necessary to provide a minimum 5'
sidewalk and a preferred 8' tree lawn.
Required Minimum Side Yard- 5’
Required Minimum Other Side Yard- 5’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
20' from the top of bank For properties not located
directly adjacent to the water the minimum rear yard
setback is 10'.
Minimum Building Height
All new construction must be a minimum of 25’ and 2
stories. The first story of any new structure must
be 12-15’ in height, measured floor to floor. Each
additional story must be 10-12’ in height, measured
from floor to floor. As an exception any increase in
first floor elevation, as required to comply with
flood plain regulations, can be included in the first
story minimum height requirement, however the first
floor should not be less than 10’ in height measured
floor to floor.
Deleted: 3000
Deleted: 30
Commented [CB23]: By deleting the 30’ minimum and
minimum lot size, doesn’t this allow for the creation of strange
“panhandle” properties through subdivision?
Commented [CB24]: Insert maximum height
restrictions/clarification:
The first story of any new structure must be
12-15’ in height, measured floor to floor.
Each additional story must be 10-12’ in
height, measured from floor to floor.
Commented [CB25]: Why this exception?
6/29/2017
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Deleted: 6/28/2017
, Accessory structures of less than 250 SF may be 1
story.
Section 6. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new Market District (MD), and to amend the
District Regulations Chart as follows:
Market District (MD)
Permitted Primary Uses-Permitted primary uses may be
combined in a single building. All new construction must
go through a mandatory design review process.
1. Multiple Family dwelling (See § 325-3).
2. Rooming or boarding house.
3. Cooperative household (See § 325-3).
4. Townhouse or garden apartment housing.
5. Nursery school, child day care center, group Adult Day Care.
6. Nursing, convalescent or rest home.
7. Funeral Home or Mortuary
8. Business or professional Office
9. Bank or Monetary Institution
10. Office of Government
11. Public private parochial school
12.
13.
14. Retail store or Service Commercial Facility
15. Restaurants, Fast Food Establishment, Tavern, with
the exception of establishments where food or drink
is intended to be served to or consumed by persons in
automobiles
16. Club, Lodge or Private Social Center
17. Th
eater, Bowling Alley, Auditorium or Other Similar
Place of Public Assembly
18. Hotel/Motel/Boatel
19. Recreational or Cultural Facilities such as a Park,
Playground, Art Museum, fishing pier, or yacht club
20. Public Recreation
21. Sale, Rental, Repair, or Storage of Marine-related
Recreational Equipment, such as boats, marine engines,
22. Health Care facilities
23. B&B Inns
24. Confectionary, Millinery, dressmaking, and Other
Activities involving Light Hand Fabrication, as well
as sales.
25. Food Production Facilities
26. Community Gardens
Commented [CB26]: Please add disclosure requirement for
“right to protect WasteWater Treatment Facilities and
Expansion”-type legislation within 1200 foot setback from
IAWWTF.
Commented [CB27]: renumber
6/29/2017
15 | P a g e
Deleted: 6/28/2017
Permitted Accessory Uses
1. Any accessory use permitted in the ND Zone
2. Drive-Thru Banking Services
3. Parking Garages
4. Dock
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
None
Minimum Width in Feet at Street Line
None
Maximum Building Height
For properties located along the waterfront, the first 12'
building facing the water is restricted to have a maximum
building height of 2-3 stories after that the building may
step up to 5' stories. Properties not located adjacent to
the water have a maximum of 5 stories and 63'
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback is
required, except as necessary to provide a minimum 5'
sidewalk and an 8' tree lawn
Required Minimum Side Yard- 5’
Required Minimum Other Side Yard- 5’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
20' from the top of bank. For properties not located
directly adjacent to the water the minimum rear yard
setback is 10'.
Minimum Building Height
All new construction must be a minimum of 25’ and 2
stories. The first story of any new structure must
be 12-15’ in height, measured floor to floor. Each
additional story must be 10-12’ in height, measured
from floor to floor. As an exception any increase in
first floor elevation, as required to comply with
flood plain regulations, can be included in the first
Deleted: 3000
Deleted: 30
Commented [CB28]: By deleting the 30’ minimum and
minimum lot size, doesn’t this allow for the creation of strange
“panhandle” properties through subdivision?
Commented [CB29]: Insert max height
restrictions/clarification:
The first story of any new structure must be
12-15’ in height, measured floor to floor.
Each additional story must be 10-12’ in
height, measured from floor to floor.
6/29/2017
16 | P a g e
Deleted: 6/28/2017
story minimum height requirement, however the first
floor should not be less than 10’ in height measured
floor to floor.
Accessory structures of less than 250 SF may be 1
story.
Section 7. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended to adjust the boundary of the Adult Use
Overlay Zone in order to remove the newly established Market
District from the overlay zone. The boundary of the Adult Use
Overlay Zone is hereby established as shown on the map, entitled
“Adult Use Overlay Zone - 2017”
Section 8. The City Planning and Development Board, the City Clerk
and the Planning Department shall amend the district regulations
chart in accordance with the amendments made herewith.
Section 9. Severability. Severability is intended throughout and
within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local law
is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of
the remaining portion.
Section 10. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices
as provided in the Ithaca City Charter.
Commented [CB30]: I don’t believe it was in the Market
District – it was in the Newman District.
Where is the map?
1
ITHACA AREA WASTEWATER TREATMENT FACILITY
TOWN OF ITHACA CITY OF ITHACA TOWN OF DRYDEN, OWNERS
525 THIRD STREET
ITHACA, NEW YORK 14850
(607) 273-8381
FAX (607) 273-8433
14 June 2017
To: JoAnn Cornish, City of Ithaca Common Council
From: Special Joint Committee IAWWTF
Re: Waterfront Zoning
Dear JoAnn and Common Council,
The Special Joint Committee is made up of representatives of the City of Ithaca, Town
of Ithaca and Town of Dryden, the partnership of owners of the Ithaca Area Waste
Water Treatment Facility (IAWWTF).
2
The 13.1 MGD IAWWTF provides sewage treatment for over 50,000 residents and the
established industries of the three municipalities, and supplies additional sewage
treatment capacity to Cayuga Heights, the Town of Lansing and Village of Lansing. In
addition to sewage treatment, the IAWWTF receives and treats high volumes of trucked
septage and agricultural waste, provides the highest achievable levels of phosphorus
and contaminant removal, in addition to capturing methane to produce electricity and
natural gas.
Indeed, the IAWWTF provides essential services to the community, to the environment,
and to economic development. Its location on the waterfront allows for efficient and
environmentally sustainable gravity-fed sewage collection. Efficient and effective
wastewater treatment is fundamental to a thriving and growing community, and the
health of ecosystems and Cayuga Lake, and the IAWWTF Special Joint Committee
takes our responsibility as stewards over the health, safety and welfare of our
community and our watershed seriously.
It is for this reason that we ask that the City take into consideration the needs of the
IAWWTF when modifying waterfront zoning. We recognize that the IAWWTP area
within the city is an important and attractive waterfront zone. For this reason we have
worked with the Farmers Market for years to allow for a beloved public amenity bringing
our residents to the water’s edge. However, our concern is that the expectations and
concerns and desires of residents in multi-story residential developments with the
operations of a sewage treatment plant are not reconcilable when within the immediate
vicinity. A study of the relationship of towns and facilities of similar size in the region
affirm this. While we stand with your vision of bold and innovative approaches to the
future of the Ithaca area, we believe immediate adjacency between residential and the
IAWWTP sets the stage for difficulties for all concerned. We ask for the establishment of
adequate zoning setbacks and legal protections so that the needs and expectations of
housing developments and residents will not interfere with ongoing plant operations or
potential for future expansion.
In order to reduce possible negative interactions with residential uses, we request the
following:
1) Residential use setback of no less than 1200 feet from the boundary of the
IAWWTP property.
Our study indicates that this is reasonable and standard best practice both nationally
and internationally. We have complete faith in the competence of plant operators, and
believe like with the Farmers Market and the Waterfront Trail, that there are many great
uses of public benefit for adjacent parcels. Please be advised that while the IAWWTP
takes pride in a well-run facility that minimizes potential odors inherent in the treatment
of wastewater, there are instances (generally transient in nature) of offensive noise and
odors emanating from the plant from both routine daily operations and from
maintenance activities; the impact of this on the public is dependent on wind direction,
temperature, strength and nature of odor and are likely to affect conditions so that noise
3
and odor impacts are reasonably expected to extend great distances beyond the
property line.
2) Adoption of an ordinance, similar to that of Right To Farm protections, protecting
the IAWWTF from nuisance claims. The ordinance would require a Disclosure
Statement be signed upon the transfer or lease of property in areas within the
1200 foot setback acknowledging that the property within the setback zone may
be subject to inconveniences or discomfort arising from the operations of the
IAWWTF.
This ordinance would educate residents, and potential developers of the importance of
the IAWWTF to the community, and provide the City of Ithaca, Town of Ithaca and Town
of Dryden protection against conflicts with non-industrial users. By requiring adoption of
the Disclosure Statement, neighboring residents would be notified of potential problems
associated by being in proximity with the IAWWTF and prepare them to accept such
problems as the natural result of living near the IAWWTF. Please see the Tulare
County, California Right to Farm legislation attached for reference.
Sincerely,
Cynthia Brock, Chair, City of Ithaca Common Council
Donna Fleming, City of Ithaca Common Council
David Warden, City of Ithaca SJC Board Member
Brian Davis, City of Ithaca SJC Board Member
Bill Goodman, Town of Ithaca Supervisor
Tee-Ann Hunter, Town of Ithaca Board
Rich DePaolo, Town of Ithaca Board
Jason Leifer, Town of Dryden Supervisor
Mary Ann Sumner, former Town of Dryden Supervisor, SJC Alternate
CHAPTER 29. RIGHT TO FARM
ARTICLE 1. DEFINITIONS
7-29-1000 DEFINITIONS:
Unless the context otherwise requires, the following definitions in this section shall govern the construction of this Chapter:
(a) "Agricultural land" shall mean those land areas of the County specifically classed and zoned as Exclusive Agricultural (AE), Exclusive
Agricultural--10 Acre Minimum (AE-10), Exclusive Agricultural--20 Acre Minimum (AE-20), Exclusive Agricultural--40 Acre Minimum (AE-40),
Exclusive Agricultural--80 Acre Minimum (AE-80), Agricultural (A-1), Foothill Agricultural (AF), or Timber Preserve (TPZ), as those zones are
defined in the Tulare County Zoning Ordinances (Ordinance No. 352 as amended).
(b) "Agricultural operations" shall mean and include, but not be limited to, the cultivation and tillage of the soil, dairying, the production,
irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity, including timber, viticulture,
apiculture, or horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any commercial agricultural practices performed
as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or to market, or to
carriers for transportation to market.
ARTICLE 3. RIGHT TO FARM
7-29-1050 PURPOSES:
(a) Where non-agricultural land uses, especially residential development, extend into agricultural areas, or locate in the vicinity of
agricultural land, agricultural operations may be the subject of nuisance complaints. Such complaints may cause the curtailment of
agricultural operations, and discourage investments for the improvement of agricultural land. This is detrimental to the economic viability of
the agricultural industry of the County. It is the purpose and intent of this Chapter to prevent the loss to the County of its agricultural
resources.
(b) It is the declared policy of this County to conserve, enhance and encourage agricultural operations within the County, and to minimize
potential conflict between agricultural and non-agricultural land uses within the County.
(c) This policy can best be implemented by educating residents as to the laws protecting agricultural operations from conflicts with
non-agricultural uses, and by notifying owners and users of real property in the County of inherent potential problems associated with the
ownership and/or use of real property located adjacent to or in the vicinity of agricultural operations, including, but not limited to, noise,
odors, dust, chemicals, smoke and extended hours of operation which may accompany such agricultural operations. It is intended that
through the use of such notice owners and users of real property within the County will better understand the impact of living near
agricultural operations and be prepared to accept such problems as the natural result of living on or near agricultural lands.
7-29-1055 NUISANCE:
No agricultural operation, conducted or maintained for commercial purposes, and in a manner consistent with the proper and accepted
customs and standards established and followed by similar agricultural operations in the same locality, shall be or become a nuisance,
private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it
was not a nuisance at the time it began.
7-29-1060 DISCLOSURE STATEMENT:
(a) Upon any transfer by sale, exchange, installment land sale contract, as defined in section 2985 of the California Civil Code, lease with
an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property, or residential stock
cooperative, improved with or consisting of not less than one nor more than four dwelling units, the transferor shall deliver to the prospective
transferee the written statement required by subsection (b) of this section.
(b) The disclosure statement shall contain, and be in the form of, the following:
LOCAL OPTION
REAL ESTATE TRANSFER DISCLOSURE STATEMENT
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE COUNTY OF TULARE, STATE OF CALIFORNIA,
DESCRIBED AS_______________. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY
IN COMPLIANCE WITH ORDINANCE NO. 2931 OF THE ORDINANCE CODE OF TULARE COUNTY AS OF NOVEMBER 9, 1990. IT IS NOT
A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND
IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.
SELLER’S INFORMATION
The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyer(s) may rely on
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this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing
any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale
of the property. THE FOLLOWING ARE THE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE COUNTY OF TULARE
AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DIS-CLOSURE AND IS NOT INTENDED TO
BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.
The County of Tulare permits operation of properly conducted agricultural operations with the County. If the property in which you are taking
an interest is located near agricultural lands or operations, or included within an area zoned for agricultural purposes, you may be subject to
inconveniences or discomfort arising from such operations. Such may include, but may not necessarily be limited to: noise, odors, fumes,
dust, smoke, insects, operation of machinery (including aircraft) during any 24 hour period, storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. One or more of the inconveniences
described may occur as a result of any agricultural operation which is in conformance with existing laws and regulations and accepted
customs and standards. If you live near an agricultural area, you should be prepared to accept such inconveniences and discomfort as a
normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector.
Seller certifies that the information herein is true and correct to the best of Seller’s knowledge as of the date signed by the Seller.
Seller_____________Date_____________
Seller_____________Date_____________
BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO
PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY
ADVICE/INSPECTIONS/DEFECTS.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT
Seller_____________Date_____________
Buyer_____________Date_____________
Seller_____________Date_____________
Buyer_____________Date_____________
Agent (Broker Representing Seller)_____________
By_____________
(Associate Licensee or Broker)
Date_____________
Agent (Broker Obtaining the Offer)_____________
By_____________
(Associate Licensee or Broker)
Date_____________
A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
7-29-1065 INTENT:
Pursuant to section 1102.6a of the California Civil Code, it is intended by section 7-29-1060 of this Chapter to require disclosures in addition
to those disclosures required by section 1102.6 of the California Civil Code.
7-29-1070 RIGHT TO FARM NOTICE:
(a) All discretionary approvals by the County for parcel maps, subdivision maps or use permits relating to agricultural land, or real property
located adjacent to agricultural land, shall include a condition that the owners of such real property record a "Right to Farm Notice," in
substantially the form provided in subsection (d) of this section.
(b) All applicants for building permits for new residential construction or mobile home installation to be issued by the County shall be
provided with a "Right to Farm Notice" in substantially the form provided in subsection (d) of this section.
(c) The Clerk/Recorder/Assessor of the County shall include a "Right to Farm Notice" in substantially the form provided in subsection (d) of
this section with any grant deed, quitclaim deed or land sale contract returned to the grantee by the Clerk/Recorder/Assessor after
recording.
(d) "Tulare County Right to Farm Notice". It is the declared policy of Tulare County to conserve, enhance and encourage agricultural
operations within the County. Residents of property on or near agricultural land should be prepared to accept the inconveniences and
discomfort associated with agricultural operations, including, but not necessarily limited to: noise, odors, fumes, dust, smoke, insects,
operation of machinery (including aircraft) during any 24 hour period, storage and disposal of manure, and the application by spraying or
otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. Consistent with this policy, California Civil Code section
3482.5 provides that no agricultural operation, as defined and limited by that section, conducted and maintained for commercial purposes,
and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations
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in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same
has been in operation for more than three years if it was not a nuisance at the time it began.
ARTICLE 5. NOISE MAKING DEVISES
7-29-1120 NOISE MAKING DEVISES:
Notwithstanding section 7-29-1055 of this Chapter, it shall be unlawful for any person to use any noise making device within one-eighth (1/8)
mile of any residence (excluding the residence of the user) to repel birds or other agricultural pests, including without limitation propane
exploders and gas cannons, if the occupant of any such residence files a complaint about such use with the Agricultural Commissioner, and
such use does not conform with the proper and accepted customs and standards established by Guidelines developed for such use by the
Agricultural Commissioner and adopted by Resolution of the Board of Supervisors.
7-29-1125 NOTICE TO CORRECT:
After receiving a complaint from an occupant of a residence as provided in section 7-29-1120, the Agricultural Commissioner shall
immediately conduct an investigation of the use which is the subject of the complaint. If the Agricultural Commissioner determines that such
use does not conform with the proper and accepted customs and standards established by Guidelines developed for such use by the
Agricultural Commissioner and adopted by Resolution of the Board of Supervisors, he shall notify the user in writing of the violation. The
notice shall specify any measures required to correct the violation, and the time within which the measures must be taken. If the measures
specified are performed within the time indicated, no further action will be taken to punish the violation.
7-29-1130 APPEAL:
Any person notified that he is in violation of this Article by the Agricultural Commissioner may apply to the Board of Supervisors for a review
of the determination of the Agricultural Commissioner by filing with the Clerk of the Board of Supervisors a written appeal in accordance with
section 165 of the Ordinance Code of Tulare County.
7-29-1135 VIOLATION: INJUNCTION:
(a) Any person violating any provision of this Article shall be guilty of an infraction punishable as provided in section 125 of this Ordinance
Code. Each day that the violation continues after final determination of the violation by the County as provided in this Article shall be
deemed a new and separate violation.
(b) The County of Tulare may bring an action in a court of competent jurisdiction to enjoin any act in violation of this Article.
The Tulare County Code is current through Ordinance 3468, passed January 6, 2015.
Disclaimer: The Clerk of the Board's Office has the official version of the Tulare County Code. Users should contact the Clerk of the Board's Office for
ordinances passed subsequent to the ordinance cited above.
County Website: http://www.co.tulare.ca.us/
County Telephone: (559) 636-5000
Code Publishing Company
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Auburn_ 1,185 feet adjacent
Skaneatles_ 843 feet adjacent
Rome_ 910 feet adjacent
Elmira_ 960 feet adjacent Canandaigua_ 350 feet adjacent
Endicott_ 1040 feet adjacent
Fulton_ 1250 feet adjacent
Geneva_ 310 feet adjacent
All aerials at same scale, 5,000 feet above surface
Zoning language
Rob Steuteville [rob@newurbannews.com]
Sent:Wednesday, June 14, 2017 1:10 PM
To:JoAnn Cornish; Jennifer Kusznir; Lisa Nicholas
Cc:David West [djw@randall-west.com]; C.J. Randall [cjr@randall-west.com]
Hi JoAnn, Jen, and Lisa:
Thanks again for the discussion.
Here is the revised language that you requested—both are in the Yard Dimensions sections and we
recommend they be applied to the West End/Waterfront District, Market, and Newman districts. The first is
not a change in concept, but better wording after consultation with Sandy Sorlien. The second follows up on
our discussion on townhouses and live-work buildings.
1) Buildings must be setback no more than 10 feet from front lot line, or sidewalk, if sidewalk is within the
lot, to primary building façade (does not apply to forecourts)
2) No sideyard is required between party-wall buildings. The combined length of any group of connected
party wall buildings shall be subject to the 100-foot maximum building width.
Best regards,
Rob Steuteville
607-592-5708
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Waterfront Zoning Update
west.david.j@gmail.com on behalf of David West [djw@randall-west.com]
Sent:Wednesday, July 05, 2017 7:09 PM
To:Deborah Grunder; Jennifer Kusznir
Hi Deborah,
Could you please forward these comments to the committee members, staff, and council people?
Thank you,
David West
Dear Waterfront Zoning Committee Members,
Thank you for accepting and incorporating some of the Form Ithaca project team's comments in the most recent draft of the proposed
Waterfront Zoning Update. Since the last time we made comments there have been some surprising new bits of information made public.
With the release of information that 2 large corporate entities have purchased significant acreage within the rezoned area, not to mention
the fact that one of them is working with a large suburban focused developer, it is more important than ever that the city adopt strong
standards to guide walk-able development along the waterfront rather than relying on a "design review" process that has produced very
unreliable results in the past.
Of paramount importance for creating an appealing human scale development with these large players is assuring that buildings, and not
parking will fill most if not all of the streetfronts and in particular the corners. The city does not have design guidelines in place that are
suitable for this kind of environment and with the speed these large players are likely to move it is not reasonable to expect that the city
will have sufficient guidelines ready before development proposals move forward. In areas where the City has guidelines that suggest
buildings should meet the street we've repeatedly seen projects manage to get around the existing guidelines in the required development
review process.
Similar to our concerns with parking placement is the need for standards that don't allow blank walls along the street. Strong glazing
standards are a necessity for creating quality walk-able places, one only has to walk along Fairgrounds Memorial Parkway to see the
effect of a lack of real glazing requirements that include provisions for views into buildings and functional entries from the street.
Another important consideration for livable places is block size—smaller blocks create multiple routes for pedestrian and bicycle right of
way. They help to ensure access to the water and contribute to placemaking (Every intersection is an opportunity to create a place). We
recommend a maximum block length of 500 feet at the discretion of the city, and we strongly encourage the you to include a reasonable
maximum facade length to keep the development human scale. As written in the 6/16/2017 draft we reviewed, a developer could build a
single 2,000 ft long building without violating the zoning.
In addition to these over arching concerns there are a number of specific issues that the committee ought to address in the draft
document:
Uses:
In WF/WE and Cherry Street Districts: Hotels are allowed by right, but "Bed and Breakfast Inns" require a Special Permit from
the Board of Appeals. Bed and Breakfast Homes aren't allowed at all. Since Bed and Breakfasts establishments are lower-impact
uses, we recommend that they be allowed by right.
Parks an playgrounds required to get a Special Permit from the BZA (In WF/WE and Cherry Street). We recommend that they be
allowed by right, since they are highly desirable uses.
"All school and related buildings" are listed under Special Permit (In WF/WE and Cherry Street), while "Public private parochial
school" is allowed by right. This seems to be contradictory and public schools are given limited immunity from zoning. Other
locations in the City code refer to "Public, private, or parochial school" the commas and the "or" are important for clarity and we
recommend that they should be included in the zoning here to be clear that we're talking about 3 different kinds of schools. "All
school and related buildings" should also be removed from the special permit list.
A neighborhood commercial facility is allowed only with a special permit (In WF/WE and Cherry Street), while the larger and
higher impact "Retail store or service commercial facility" and "restaurant, fast food establishment, tavern" are allowed by right.
We recommend that the neighborhood commercial be allowed by right.
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Parking garages are allowed without design review in the Newman District and Market District, but require review in the other
districts. To avoid being a blight on the area garages need to be wrapped in active uses, at the ground floor at least, and clad in a
way that is architecturally congruent with the rest of the neighborhood. We recommend that mandatory standards for the ground
floor activation be set for all new parking garages in all districts and that all parking garages go through design review.
Townhouses and Garden Apartments are conflated in this code, and they are two very different building types. Townhouses are
narrow and deep buildings built to their side lot line with party walls, they sit on their own lots, they may have 1 or more units
within multiple stories but they are not the same as a large garden apartment building with multiple doors along the street. We
recommend separating these two different uses and creating clear definitions of each.
Lot Dimensions:
Many of our suggestions have been incorporated in the lot dimensions which is a great improvement, one more important change
that we have not seen incorporated is that in any zone where townhouses are allowed there must be an exception from required
side-yards for buildings with party walls. If this is not allowed then townhouses with fee simple ownership of individual narrow
parcels (the way townhouses ought to be built) is impossible. We recommend that townhouses by exempted from the the sideyard
requirement.
Thank you for your time and attention reviewing this zoning update, with the potential for a large and sudden change in this area and
millions of dollars already on the line we need strong standards that can guarantee a high quality public realm in these important
waterfront areas.
Sincerely,
The Form Ithaca Project Team
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9.3 Approval of Second Amendment to the HUD Entitlement Citizen
Participation Plan - Resolution
WHEREAS, the Citizen Participation Plan establishes the City of Ithaca’s procedures for
involving the public in development and implementation of the HUD Entitlement
Program; and
WHEREAS, grantees of HUD Entitlement funding have a statutory obligation to
affirmatively further fair housing, but the statute did not establish clear guidelines for
grantees; and
WHEREAS, in 2015, the U.S. Department of Housing and Urban Development (HUD)
adopted a Affirmatively Furthering Fair Housing rule in 2015 that revised the process for
grantees to assess fair housing issues and promote fair housing choice; and
WHEREAS, Ithaca is now required to submit an Assessment of Fair Housing to HUD
every five years that incorporates a specific consultation and citizen participation
process; and
WHEREAS, at their June 21, 2017 meeting the Ithaca URA recommended adoption of
the 2nd amendment to the HUD Entitlement Citizen Participation Plan, dated June 9,
2017, to comply with the Affirmatively Furthering Fair Housing rule; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby adopts the attached
2nd amendment to the HUD Entitlement Citizen Participation Plan, dated June 9, 2017.
June 9, 2017
August 24, 2006
2nd Amendment to the
CITIZEN PARTICIPATION PLAN
CITY OF ITHACA
ITHACA URBAN RENEWAL AGENCY 1
Three important documents are described in this plan and for clarity, they will be identified here:
The Citizen Participation Plan describes the City of Ithaca’s procedures for involving the public in
development and implementation of the Consolidated Plan and the annual Action Plan. This Plan also
stipulates public notice of important communications between the City of Ithaca and the U.S. Department
of Housing and Urban Development.
The Consolidated Plan identifies top priority community development needs for a five-year period and has
a distinct set of requirements for its development. It describes the general over-arching community
development needs of the City and describes strategies for addressing these needs.
The annual Action Plan contains a description and budget for individual activities to be undertaken in each
program year with funding made available through the U.S. Department of Housing & Urban Development
(“HUD”). The activities of the Action Plan will address the needs identified in the Consolidated Plan and
must also meet the selection criteria listed below.
The Assessment of Fair Housing (AFH) is an analysis of fair housing issues in the City of Ithaca and
surrounding region is designed to lead to meaningful actions to overcome historic patterns of segregation,
promote fair housing choice, and foster inclusive communities that are free from discrimination. The AFH is
undertaken in preparation for the Consolidated Plan.
The provisions included in this Citizen Participation Plan are intended to inform the citizens of Ithaca about
funding programs available to address community development needs and their regulatory requirements,
and identify opportunities to recommend program activities, express views, and comment on the City's
proposed activities to be undertaken. In addition, citizens will be given a reasonable opportunity to
comment on the City’s past performance implementing program activities and any substantial amendments
to the Citizen Participation Plan or the Consolidated Plan.
1 Originally adopted by the IURA/CDA, March 22, 1983
amended, November 12, 1998
amended, March 8, 2000
comprehensive revisions adopted, February 4, 2004
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 2 of 14
The Common Council shall have ultimate responsibility and authority for the development and execution of
its Consolidated Plan. Common Council has selected the Ithaca Urban Renewal Agency (IURA) as the
lead agency with primary responsibility for development and administration of the Consolidated Plan,
including the implementation of the activities funded through HUD’s Entitlement program.
This Citizen Participation Plan shall become effective immediately upon adoption and shall remain in effect
until all activities assisted by HUD funds pursuant to the Consolidated Plan are completed, or until it is
superseded by a new or revised plan.
The plan shall provide a process for citizen participation at the community-wide level, at the neighborhood
level, and in other areas where multi-component projects are proposed or ongoing. This plan is designed
to especially encourage participation by residents of predominantly low and moderate-income
neighborhoods and any residents of slum or blighted areas.
IURA Responsibilities
The IURA will be responsible for:
1. Overseeing the development and implementation of the five-year Consolidated Plan,
including the following four components:
• A housing and homeless needs assessment;
• A housing market analysis;
• A strategic plan, including identification of non-housing community development
needs;
• An annual one-year Action Plan containing a description and budget for activities to be
undertaken in the current program year;
2. Amendments to the Consolidated Plan;
3. Development and implementation of the Citizen Participation Plan; and
4. Administration of the Consolidated Plan, including preparation of an annual performance
report; and
4.5. Assessment of Fair housing..
I. CONSOLIDATED PLAN
A. Organization Meetings
At the beginning of the cycle to develop or substantially amend the Consolidated Plan, the
IURA will hold an organizational meeting describing the goals, regulatory requirements
and process to be used in developing the Consolidated Plan. During this time, efforts will
be made to solicit informal program suggestions from the general public through various
media.
B. Neighborhood Public Input
IURA staff will hold a minimum of four (4) public input meetings at different neighborhood
locations. These meetings will acquaint residents with the provisions of the program and
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 3 of 14
obtain citizens’ views on community development needs and proposals to effectively
address these needs. These meetings will present information to citizens on:
1. the total amount of CDBG funds, and other funds, anticipated to become available to
the City on an annual basis;
2. eligible and ineligible activities and mandatory national objectives that each activity
must meet;
3. process to be followed to develop the Consolidated Plan, including schedule of
meetings and hearings;
4. the citizen participation plan;
5. a summary of other important program requirements, and;
6. presentation of the activities funded in previous years.
Public input meetings will be held at locations convenient to residents of predominantly
low- and moderate-income neighborhoods. Meetings will generally take place in the
evenings or on weekends. All meetings will be held in buildings that are accessible for
persons with disabilities. Notice of these meeting will be published as display ads in The
Ithaca Journal at least six (6) days prior to any meeting notifying the public of the date,
time, location, purpose of the meeting and will include language regarding the availability
of accommodations for persons needing special assistance to participate in the meetings.
In addition, notice of the public input meetings will be mailed or e-mailed to a distribution
list developed and maintained by the IURA that includes neighborhood organizations, past
beneficiary organizations, interested persons and elected officials. The IURA will expand
the list to include any individual or organization upon request and will post notices of the
meetings in public places as appropriate
Development of the Consolidated Plan shall also be informed by the community
development needs and recommendations to address those needs identified in recently
completed neighborhood plans or available from an ongoing participatory neighborhood-
based planning process.
C. Public Hearings
A minimum of two public hearings will be held to obtain citizens’ views and to respond to
proposals and questions. One hearing will be held during development of the
Consolidated Plan. This first public hearing will be held by the IURA to obtain the views of
citizens on the highest priority housing and non-housing community development needs,
and suggested activities to address these needs, and proposed strategies and actions for
affirmatively furthering fair housing. The second public hearing will be held by the
Common Council or a Committee of the Common Council after publication of the proposed
Consolidated Plan to allow citizens to comment and suggest modifications prior to its
adoption. All public hearings will be held in buildings that are accessible for persons with
disabilities.
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 4 of 14
Notice of these public hearings will be published as legal notices in the Ithaca Journal at
least ten (10) days prior to the public hearing. Notices will include the date, time, location,
purpose of the hearing and will contain language regarding the availability of
accommodations for persons needing special assistance to participate in the meetings. In
addition, the IURA will request that announcements regarding the public hearings be
made at a meeting of the following groups prior to the hearing:
• City of Ithaca Common Council;
• Appropriate City of Ithaca Common Council committee(s);
• City of Ithaca Board of Public Works;
• City of Ithaca Planning & Development Board;
• Ithaca Urban Renewal Agency;
• Housing & Homeless Housing Task Force;
• other venues as appropriate.
D. Consultations with Public and Private Organizations
In addition to neighborhood meetings and public hearings, a minimum of four topical focus
group meetings will be convened with public agencies, non-profit organizations, private
entities, and interested persons. The topics will include:
• Housing;
• Downtown Revitalization and Economic Development;
• Infrastructure and Public Facilities;
• Public Services.
The focus meetings will be advertised and agencies and interested individuals will be
contacted directly to encourage their participation at these meetings. Notice of focus
meetings will be mailed or e-mailed to a distribution list of organizations and individuals by
focus topic, including organizations that have submitted funding applications in the past.
The IURA will expand the list to include any individual or organization upon request.
E. Consultation with the Ithaca Housing Authority
The Ithaca Housing Authority and Housing Authority residents will be encouraged to
participate in the development of the Consolidated Plan using two strategies. First, at
least one of the neighborhood public input meetings will be held at a location convenient
to Housing Authority residents. In addition, the Housing Authority staff, board and resident
councils will be contacted directly and encouraged to participate in the housing focus
meeting. Finally, a meeting will be held directly with Housing Authority staff to ensure
coordination of the Consolidated Plan with the Housing Authority’s Comprehensive Grant
program and other project planning.
F. Publication of the Proposed Consolidated Plan
The IURA will publish copies of the proposed Consolidated Plan on behalf of the City of
Ithaca at least 30 days prior to its submission to HUD. Copies will be made available at
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 5 of 14
the following locations:
• the office of the IURA;
• the City Clerk’s Office
• the Tompkins County Public Library
• the Tompkins County Human Service Coalition office;
• other venues as appropriate.
An electronic version of the proposed plan will also be posted on the City of Ithaca web
page (www.cityofithaca.org).
G. Publication of the Notice of Availability of the Proposed Consolidated Plan
Legal notice of the availability of the proposed Consolidated Plan, including a brief
summary of the document, will be published in the Ithaca Journal during the 30-day public
comment period. The summary will describe the contents and purpose of the
Consolidated Plan and will include a list of the locations where copies of the entire
proposed Consolidated Plan may be examined. In addition, the City Clerk will be
requested to announce the availability of the proposed Consolidated Plan for public
comment at a Common Council meeting during the 30-day public comment period.
H. Citizen Review of Proposed Consolidated Plan
A minimum thirty (30) day period, from the date of the legal notice of the availability of the
proposed Consolidated Plan, will be provided to receive comments from citizens on the
Consolidated Plan. All written comments received during this period will be addressed by
the staff of the IURA, in writing, no later than 15 days after receipt. A summary of
comments received in writing, or orally at the public hearings, and the IURA response to
such comments will be attached to the final Consolidated Plan.
Following the second public hearing and close of the 30-day public comment period, the
Common Council will vote to adopt a final Consolidated Plan.
II. ANNUAL ACTION PLAN
A. Organizational Meeting
At the beginning of each annual action plan cycle, the IURA will hold an organization
meeting so that staff can explain the program and the relation between the action plan and
consolidated plan. During this time, efforts will be made to solicit informal program
suggestions from the general public through various media.
B. Neighborhood Public Input
IURA staff will hold a minimum of two (2) neighborhood meetings during development of
the annual proposed Action Plan. These informal meetings will acquaint residents with the
provisions of the program and obtain citizens’ views on community development needs
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 6 of 14
and proposals to effectively address these needs. These meetings will be held in
locations convenient to residents of predominantly low- and moderate-income
neighborhoods, especially those neighborhoods targeted for revitalization. These
meetings will present information to citizens on:
1. the total amount of funds anticipated to become available to the City on an annual
basis;
2. eligible and ineligible activities and mandatory national objectives that each activity
must meet;
3. process to be followed for development of the proposed Action Plan, including
schedule of meetings and hearings;
4. the citizen participation plan and opportunities for input;
5. a summary of other important program requirements; and
6. presentation of the activities funded in previous years.
Meetings will generally take place in the evenings or on weekends. All meetings will be
held in buildings that are accessible for persons with disabilities. Notice of these meetings
will be published as a display ad in The Ithaca Journal at least six (6) days prior to any
meeting notifying the public of the date, time, location, purpose of the meeting and will
include language regarding the availability of accommodations for persons needing
special assistance to participate in the meetings. A summary of the input received will be
presented to the Ithaca Urban Renewal Agency and will be used to inform funding
decisions.
C. Public Hearings
A minimum of two public hearings will be held to obtain citizens’ views and to respond to
proposals and questions. One hearing will be held during development of the Action Plan.
This first public hearing will be held by the IURA to obtain the views of citizens on the
highest priority housing and non-housing community development needs, and suggested
activities to address these needs, and proposed strategies and actions for affirmatively
furthering fair housing. The second public hearing will be held by the Common Council or
a Committee of the Common Council after publication of the proposed Action Plan to allow
citizens to comment and suggest modifications prior to its adoption.
All public hearings will be held in buildings that are accessible for persons with disabilities.
Notice of these public hearings will be published as legal notices in the Ithaca Journal at
least ten (10) days prior to the public hearing. Notices will provide the public of the date,
time, location, purpose of the hearing and will include language regarding the availability
of accommodations for persons needing special assistance to participate in the meetings.
In addition, the IURA will request that announcements regarding the schedule of public
hearing be made at a meeting of the following groups prior to the hearing:
• City of Ithaca Common Council;
• Appropriate Common Council Committee(s);
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 7 of 14
• City of Ithaca Planning & Development Board;
• Ithaca Urban Renewal Agency;
• Housing & Homeless Housing Task Force; and
• other public meetings as appropriate.
D. Development of Proposed Action Plan
The IURA will select recommended activities through a limited application process that
includes a public solicitation of funding proposals to address community development
needs identified in the Consolidated Plan and implement community revitalization and
neighborhood stabilization goals. The IURA will review the initial funding applications and
narrow the number of applications under final consideration based on the projected
amount of available funding for the upcoming program year and selection criteria,
including, but not limited to the following:
• Eligibility;
• Need;
• Impact;
• Feasibility;
• Capacity of the sponsor organization to successfully implement the proposed
activity in a timely manner, including past performance of the sponsor
organization;
• Leveraging of other funding sources;
• Coordination with other initiatives, plans or other submitted proposed activities.
Sponsors of selected activities will be requested to submit additional detailed information
as needed during the selection process. New proposed activities may be considered by
the IURA at any time during the process.
Following analysis of the funding applications review of detailed information, the IURA will
prepare a proposed Action Plan including the following:
• A description of the activities to be undertaken;
• Budgeted amounts for each activity;
• Number and type of persons and families that will benefit;
• Priority needs addressed;
• Program income anticipated; and
• Target completion dates.
E. Publication of the Notice of Availability of the Proposed Action Plan
Legal notice of the availability of the proposed Action Plan will be published in the Ithaca
Journal, and will include a summary of the selected activities to be undertaken and
budgeted amounts allocated to each activity as well as a list of the locations where copies
of the entire proposed Action Plan may be examined. In addition, the City Clerk will be
requested to announce the availability of the proposed Action Plan for public comment at
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 8 of 14
a Common Council meeting during the 30-day public comment period.
F. Citizen Review of Proposed Action Plan
A minimum thirty (30) day period, from the date of the legal notice of the availability of the
proposed Action Plan, will be provided to receive comments from citizens on the proposed
Action Plan. All written comments received during this period will be addressed by the
staff of the IURA, in writing, within 15 days. A summary of comments received in writing,
or orally at the public hearings, and the IURA response to such comments will be attached
to the final Action Plan.
Following the second public hearing and close of the 30-day public comment period, the
Common Council will vote to adopt a final Action Plan.
G. Joint Development of Action Plan with Consolidated Plan
In program years when the Action Plan is being developed jointly with the Consolidated
Plan, the citizen participation process for the Consolidated Plan shall serve to satisfy the
Action Plan citizen participation requirements.
III. ASSESSMENT OF FAIR HOUSING (AFH)
The CityIURA will follow the process and procedures described below in the development of itsthe
Assessment of Fair Housing.
A. HUD‐approved Data for Public Review
The CityIURA will make available to the general public the HUD‐approvedprovided data and other
supplemental information that the CityIURA plans to incorporate into itsthe AFH. The CityIURA will
make this data available no later than 60 days after the initiation of the AFH document.
B. Stakeholder Consultation and Citizen Outreach
In the development of the AFH, the CityIURA will consult with other public and private agencies
including, but not limited to, the following:
• Local public housing authorities;
• Other assisted housing providers;
• Social service providers including those focusing on services to minorities, families with
children, the elderly, persons with disabilities, persons with HIV/AIDS and their families,
homeless persons, and other protected classes;
• Community‐based and regionally‐based organizations that represent protected class
members and organizations that enforce fair housing laws;
• Regional government agencies involved in metropolitan‐wide planning and transportation
responsibilities; and,
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 9 of 14
• A variety of mechanisms may be utilized to solicit input from these entities. These include
telephone or personal interviews, mail surveys, internet‐based feedback and surveys,
focus groups, and/or consultation workshops.
C. Public Hearing
To obtain the views of the general public on AFH‐related data and affirmatively furthering fair
housing in the City’s housing and community development programs, the City will conduct at least
one public hearing before the draft AFH is published for comment.
The public hearing will be held in a building that is accessible for persons with disabilities. Notice
of the public hearing will be published as legal notices in the Ithaca Journal at least ten (10) days
prior to the public hearing. Notices will provide the public of the date, time, location, purpose of the
hearing and will include language regarding the availability of accommodations for persons
needing special assistance to participate in the meetings.
D. Public Display and Comment PeriodPublication and Notice of Availability of Draft
Assessment of Fair Housing
The draft AFH will be placed on display for a period of no less than 30 calendar days to encourage
public review and comment. Legal notice of the availability of the draft AFH will be published in the
Ithaca Journal newspaper and the draft AFH shall be made available on the City of Ithaca official
government Web site. The public notice shall include a brief summary of the content and purpose
of the draft AFH, the dates of the public display and comment period, the locations where copies of
the proposed document can be examined, and how to submit comments. how comments will be
accepted, when the document will be considered for action by the Commissioners Court, and the
anticipated submission date to HUD. In addition, the City will make available a reasonable number
of free copies of the proposed document to residents and groups that request them.
E. Comments Received on the Draft Assessment of Fair Housing
A minimum thirty (30) day period, from the date of the legal notice of the availability of the draft
AFH, will be provided to receive comments from citizens and interested parties on the proposed
AFH. All written comments received during this period will be addressed by the staff of the IURA,
in writing, within 15 days. A summary of comments received in writing, or orally at the public
hearing, and the IURA response to such comments will be attached to the final AFH.
Written comments will be accepted by the City Contact Person [IURA Community Development
Planner], or a designee, during the 30‐day public display and comment period. The City will
consider any comments or views of City residents received in writing, or orally at the public
hearings, in preparing the final AFH. A summary of these comments or views, and a summary of
any comments or views not accepted and the reasons why, will be attached to the final AFH for
submission to HUD.
F. Submission to HUD
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 10 of 14
The Assessment of Fair Housing will be submitted to HUD 270 days prior to the beginning of the
Program Year in which a Consolidated Plan is due, unless HUD grants a waiver for an alternative
submission deadline. on or before ______________ [November 2017].
G. Revisions
An AFH previously accepted by HUD must be revised and submitted to HUD for review under the
following circumstances:
1. A material change occurs. A material change is a change in circumstances in the City of
Ithaca that affects the information on which the AFH is based to the extent that the analysis,
the fair housing contributing factors, or the priorities and goals of AFH no longer reflect actual
circumstances. Examples:
• Presidentially declared disasters within the City of Ithaca that significantly impact the
steps the City may need to affirmatively further fair housing
• significant demographic changes
• new significant contributing factors within the City; and
• civil rights findings, determinations, settlements (including Voluntary Compliance
Agreements) or court orders; or
2. Upon HUD’s writing notification specifying a material change that requires the revision.
In the event of a Revised AFH, A revision may not necessarily require the submission of an
entirely new AFH. The revision need only focus on the material change and appropriate
adjustments to the analyses, assessments, priorities and goals.
a. Timeframe for revision
b. Where revision is required due to a material change, such a revision shall be
submitted within 12 months of the onset of the material change, or at such later date
as HUD may provide.
c. Community Participation
Revisions to AFH, as described in this section are subject to community participation.
The City must follow the notice and comment process applicable to consolidated plan
substantial amendments under the City’s citizen participation plan.
d. Submission to HUD of the revised AFH.
Upon completion, any revisions to the AFH must be made public and submitted to
HUD at the time of the revision.
IV. PROGRAM AMENDMENTS
A. Amendments to the Consolidated Plan
A HUD-approved Consolidated Plan shall be amended whenever a decision is made to:
• To change the purpose, scope, location or beneficiaries of an activity;
• To carry out an activity, using funds from any program covered by the Consolidated
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 11 of 14
Plan not previously described in the Action Plan; or
• Change its allocation priorities or a change in the method of distribution of funds.
B. Substantial Amendments
The following criteria will be used to determine what changes in planned or actual
activities constitute a substantial amendment to the Consolidated Plan, that are subject to
a citizen participation process. Substantial program amendments will require an
amendment to the Consolidated Plan, Common Council approval, and submission to
HUD.
• A substantial change in the use of Entitlement Grant funds from one eligible activity to
another eligible activity is defined as any change in the allocation of funds for a
specific activity that constitutes more than $25,000 or more than twenty percent (20%)
of the total funds available or allocated to that actual activity, whichever amount is
greater.
• A substantial change to use funds for an activity not previously described in the Action
Plan shall be defined as an activity allocated more than $25,000 of federal funds.
• A substantial change in the location of an activity is defined as any relocation of an
activity outside the Census designated neighborhood it was intended to serve, but not
including the expansion of a target area after all qualified beneficiaries within the
primary target neighborhood have been reasonably offered to be assisted.
• A substantial change to the method of distribution of funds is defined as any change
to the original approved terms of assistance to beneficiaries that results in increased
costs to the intended beneficiaries (e.g. changing a matching grant home owner
rehabilitation program to repayable loan program), or any change to the original
approved recapture terms of federal assistance in the event that beneficiaries do not
comply with requirements of receiving assistance (e.g., waive recapture of portion of
federal assistance in event landlord does not comply with the requirement to rent
apartments to low-income persons at affordable rents for five years) .
• A substantial change to the purpose, scope or beneficiaries of an activity shall be
determined by the IURA based on an analysis of the individual characteristics of
proposed change to determine whether the change significantly changes the
objective, or category of beneficiaries, of the activity.
Amendments that fall below the threshold for a substantial amendment may be approved
by the IURA with notice provided to the Common Council.
C. Citizen Review of Proposed Substantial Program Amendments
To assure citizen participation on proposed substantial program amendments, the IURA
shall develop and make available to the public at no charge a summary of the proposed
substantial program amendment in such manner as to afford affected and interested
citizens an opportunity to submit informed comment on the proposal prior to the
mandatory public hearing.
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 12 of 14
A minimum of one (1) public hearing will be held by the Common Council or a Common
Council Committee with jurisdiction over the issue to obtain citizens’ views on the
proposed substantial program amendment. The public hearing will be held in a building
that is accessible for persons with disabilities. Notice of these public hearings will be
published as legal notices at least seven (7) days prior to the public hearing. The legal
notice shall provide the public of the date, time, location, purpose of the hearing and will
include language regarding the availability of accommodations for persons needing
special assistance to participate in the meetings. Following the public hearing the
Common Council may vote to approve the substantial program amendment. HUD shall be
notified of all substantial program amendments.
IV. CITIZEN COMMENT ON THE CITIZEN PARTICIPATION PLAN AND AMENDMENTS
Citizens will be provided a reasonable opportunity to comment on the original Citizen
Participation Plan and on substantial amendments to the plan. The Citizen Participation
Plan will be made available to the public and will be made available in a format accessible
to persons with disabilities, upon request.
A minimum of one (1) public hearing will be held by the Common Council or a Common
Council Committee with jurisdiction over community development issues to obtain citizens’
views on the proposed Citizen Participation Plan or any substantial amendments.
The public hearing will be held in a building that is accessible for persons with disabilities.
Notice of these public hearings will be published as legal notices at least seven (7) days
prior to the public hearing. The legal notice shall provide the public of the date, time,
location, purpose of the hearing and will include language regarding the availability of
accommodations for persons needing special assistance to participate in the meetings.
Following the public hearing, the Common Council may vote to approve the Citizen
Participation Plan or amendment.
V. PERFORMANCE REPORTS AND OTHER IMPORTANT COMMUNICATIONS FROM HUD
IURA staff will report periodically at public meetings of the IURA on the implementation of
the Consolidated Plan and prepare an annual performance report reviewing the
performance of the city in meeting objectives of the Consolidated Plan, HUD goals and
applicable regulations. Citizens will be provided with reasonable notice and an opportunity
to comment on an annual performance report prepared by the IURA. Notice of the
availability of the annual performance report for citizen review will be published in the
Ithaca Journal including information on where to review the document. In addition, the
IURA will request that an announcement of the availability of the performance report be
made at a meeting of the Ithaca Common Council.
A minimum fifteen (15) day period, from the date of the legal notice of the availability of the
performance report, will be provided to receive comments from citizens on the
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 13 of 14
performance report. The IURA shall consider any comments or views of citizens received
in writing, or orally at any public hearing in preparing the performance report. A summary
of these comments or views shall be attached to the performance report.
Periodically HUD communicates important information to the City of Ithaca regarding the
implementation and oversight of the Entitlement Program. Such communications will be
made available for public inspection and the public will be notified of these
communications through announcements made at Ithaca Urban Renewal Agency and
Common Council meetings.
VI. DISPLACEMENT
The City of Ithaca seeks to minimize the displacement of persons as a result of activities
assisted with programs covered by the Consolidated Plan.
For activities assisted with programs covered by the Consolidated Plan that displaces a
person or persons, the City of Ithaca will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended.
VII. MISCELLANEOUS
A. Availability to the Public
The Consolidated Plan as adopted, substantial amendments, performance reports and
other important communications from HUD will be available to the public, including the
availability of materials in a form accessible to person with disabilities.
All records, reports, applications and regulations related to the Consolidated Plan will be
available to the public for use and review at the office of the IURA, 108 East Green Street,
Ithaca, NY 14850, during normal working hours (8:30 a.m. - 4:30 p.m.). The City and the
IURA reserve the right to require the public to abide by the process of the public's right of
information under the Freedom of Information Act.
B. Access to Records
The IURA and City of Ithaca will provide citizens, public agencies, and other interested
parties with reasonable and timely access to information and records relating to the City’s
Consolidated Plan and the use of assistance under the programs covered by the
Consolidated Plan during the preceding five years.
C. Complaints
Complaints regarding the Citizen Participation Plan, Comprehensive Plan, the Action Plan,
or amendments or the performance report will be accepted by the IURA office at any time.
A citizen who submits a written complaint to the IURA Office will receive a written
Citizen Participation Plan 8-24-06 City of Ithaca/IURA
Page 14 of 14
substantive response as soon as possible and no later than 15 working days upon receipt
of the complaint. The response will be handled by the lead IURA staff person assigned to
the project and will include an explanation of the Citizen Complaint process and further
appeals available to the complainant. Copies of all complaints will be provided to the
IURA Executive Director and the Mayor and be filed in a Citizen Complaint file.
If the issue is not satisfactorily resolved, the complainant may appeal to first the Executive
Director, then to the appropriate IURA subcommittee, and finally to the full Agency.
Written complaints and disposition of these complaints are included in annual performance
reports submitted to the funding agency.
The IURA staff will notify the IURA about the complaints and the resolution of the
complaints at the first available opportunity.
D. Technical Assistance
The IURA staff will provide reasonable technical assistance to groups representing
persons of low- and moderate-income that request such assistance in developing
proposals for funding assistance under any programs covered by the Consolidated Plan.
The assistance need not include the provision of funds to the groups.
END
J:\Community Development\Policy\Policy\Citizen Participation\Adopted Citizen Participation Plan 8-24-06 revision.doc
9.4 Resolution to Select Artwork for a Mural Installation on the Dryden Road
Parking Garage
WHEREAS, the City of Ithaca Public Art Commission (PAC) was established to, among
other duties, review and advise the Common Council on proposals for the exhibition and
display of public art in the City’s public spaces; and
WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an
important cultural resource that contributes to quality of life and economic vitality and
calls for the City’s continued support of public art (see Cultural Resources); and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank
walls within the city, while providing local artists from all sections of the community an
opportunity to showcase their work; and
WHEREAS, the Board of Public Works approved several locations for future murals and
street art, including the Dryden Road Parking Garage in July 2014; and
WHEREAS, Mary Beth Ihnken has submit her proposal for a mural titled “Sky” to be
installed on the exterior of the west façade of the Dryden Road Parking Garage; and
WHEREAS, the PAC held a public comment period on the mural design and location at
its meeting on April 27, 2017 to gather input on the proposed installation, and most of
the responses to the proposal have been positive; and
WHEREAS, the mural will be funded through the Community Arts Partnership’s Public
Art Grant, and the installation will be budget-neutral to the City; and
WHEREAS, at its meeting on April 27, 2017, the Public Art Commission voted to
recommend that the Common Council approve Mary Beth Ihnken’s mural to be installed
on the Dryden Road Parking Garage; now, therefore be it
RESOLVED, That the City of Ithaca Common Council selects Mary Beth Ihnken’s mural
“Sky,” as recommended by the Public Art Commission, to be installed on the exterior of
the west façade of the Dryden Road Parking Garage and to be added to the City of
Ithaca’s public art collection; and, be it further
RESOLVED, That the selected artist may proceed with the installation of the mural
upon the execution of an agreement with the City as reviewed by the City Attorney.
BACK-UP ITEM 9.4
TO: Planning & Economic Development Committee
FROM: JoAnn Cornish, Director of Planning, Building, and Economic Development
DATE: June 15, 2017
RE: Proposed Mural for the Dryden Road Parking Garage
In 2016, the Community Arts Partnership, the Tompkins County Tourism Program, and a
private foundation collaborated to offer a public art grant to fund murals at select locations
throughout the county. The mural on the Water & Sewer Workshop along Route 13 was
created by Danielle Hodgins as part of this program last year. The three organizations
are working together again this year to fund more murals, and one of the proposed murals
would be location on City property. As part of this program, Mary Beth Ihnken submitted
a proposal to install a mural, “Sky,” on the Dryden Road Parking Garage. This location
was approved as a potential mural location by the Board of Public Works in July 2014.
The PAC has sought public comment on the proposal through notification of surrounding
property owners, the Collegetown Small Business Alliance, and City staff. A public
comment period was held at the April 27th PAC meeting to gather input on the proposed
design and location. The comments received were mostly supportive of the project. After
reviewing public comment, the PAC voted unanimously to recommend the mural for
approval by the Common Council.
The mural proposal is attached for your review. If you have any questions or comments,
please contact me at 274-6566 or jcornish@cityofithaca.org
14. MAYOR’S APPOINTMENTS:
14.1 Appointment to the Ithaca Housing Authority Board – Resolution
RESOLVED, That Kelly Barclay be appointed to the Ithaca Housing Authority Board to
fill a vacancy with a term to expire October 17, 2022.
14.2 Appointment to Building Code Board of Appeals – Resolution
RESOLVED, That Ernie Bayles be appointed to the Building Code Board of Appeals to
fill a vacancy with a term to expire December 31, 2018.