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HomeMy WebLinkAbout12-09-15 Planning and Economic Development Committee Meeting Agenda VrklN PEDCZAeeting0 Planning and Economic Development Committee DATE: December 9th, 2015 TIME: 6 m Ithaca Common Council p ,r�tE LOCATION: 3rd floor City Hall Council Chambers AGENDAOTEMS ItemO Voting Presenter(s)0 TimeO Item7m StartO 1) 01130®rder/AgendaMeview0 No Seph Murtagh, Chair 6:00 M 2) Special®rderCdbfZusiness® a) Public Hearing—Street Level Active Use Yes 6:05 b) Presentation—Residential Energy Score No Nick Goldsmith, Sustainability Coordinator Project 0 3) PublicZommentlbndMesponselromMommittee0 No 6:30 Members0 0 4) Announcements,3Jpdates,lbnd[Reports0 No 6:40 5) Action3temsgVoting3o3endlbn3o[Eouncil)F?1 a) Street Level Active Use Yes Jennifer Kusznir, Planning Staff 6:45 6) Action3ttemsIVoting3oXirculate) a) Changes to Exterior Property Maintenance Yes TBA 7:05 Ordinance (EPMO) b) Planned Unit Development (PUD)— Yes Jennifer Kusznir, Planning Staff 7:30 Waterfront 7) Discussions a) Backyard Chickens No Josephine Martell, Committee Member 8:00 8) ReviewCbnd[ApprovalbfMinutes a) October, November 2015 Yes 8:15 9) Adjournment Yes 8:20 If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274-6570 by 12:00 noon on Tuesday, December 81h 2015. CITY IOFIITHACAI f� ZTK�q 108IEaskreenlStreehthaca,INevhor1l14850-5690I MAYOR'S OFFICE HaD0�000 °ox NICK GOLDSMITH,SUSTAINABILITY COORDINATOR v�° aoofol000 �►� Telephone: 607-274-6562 �9pORAI Email: ngoldsmith@cityofithaca.org Fax: 607-274-6558 To: Planning and Economic Development Committee From: Nick Goldsmith,Sustainability Coordinator Date:December 3,2015 RE: Residential Energy Score Project Representatives from the Residential Energy Score Project will give a presentation to your committee on December 9. Attached to this memo are a press release and a frequently asked questions (FAQ) document,which will give you basic information about the project. The main deliverables of this project-a voluntary home energy score program and a corresponding implementation plan-are currently in development.The draft of the program and implementation plan will be released for public review in January,revised as necessary, and then brought back to this committee (as well as the boards of the other four participating municipalities) in February for comments. After incorporating suggested changes,we would like to bring the final documents back for official endorsement and/or approval by the City in March. Please feel free to contact me with any questions at ngoldsmith@cityofithaca.org or on my cell at 917-270-1683. FOR3MMEDIATE RELEASED 5/27/15 0 CONTACT0 Emelie Cuppernell, Project Manager 607-277-6240 x277 0 0 Municipalities[haunchMesidential[Energy[ScoreTroject 0 ITHACA, NY—Five Tompkins County municipalities are working together to develop a plan for scoring the energy performance of local homes.The goal: to use market forces to improve the energy efficiency of existing housing stock by providing meaningful home performance information to future home buyers. The Towns of Ithaca, Caroline, Danby and Ulysses, along with the City of Ithaca, are partners in the Residential Energy Score Project. Tompkins County and Cornell Cooperative Extension of Tompkins County are also providing guidance to the project, which draws inspiration from the growing number of successful energy rating and disclosure programs across the country. Like fuel efficiency"MPG" ratings for cars,the energy efficiency of homes can be measured in a standardized way. The project will study such rating methods and consider how to create value for energy efficiency in the local housing market. At this stage in the discussion, participants and stakeholders in a Technical Advisory Committee are formulating the details of the program, which is expected to be developed by spring of 2016. The committee includes representatives from realtors, builders, lenders, home performance contractors, low-income housing advocates, and utility companies. "Home buyers not only ask about taxes, but they want to know about the energy efficiency of the homes they are considering," said Melissa Miller, 2015 President from the Ithaca Board of Realtors°. "This is why the Ithaca Board of Realtors° developed a Green Features Statement to begin capturing information about the homes listed in its multiple listing service." "Simply looking at the monthly utility costs of a home is not reliable," said Greg Thomas, CEO of Performance Systems Development (PSD),the Ithaca-based energy efficiency consulting firm that is managing the project's development. "One homeowner may set the thermostat low, while another keeps the windows open.The energy efficiency score will be a standardized rating based on the attributes of the home, not the behavior of the occupants. These ratings create a market value for investments in energy efficiency, allowing homeowners who make efficiency investments to recover some or all of that cost upon the sale of their home." The program is supported by the New York State Energy Research and Development Authority (NYSERDA) Cleaner, Greener Communities program. "Governor Cuomo's Reforming the Energy Vision (REV) encourages all manner of clean energy and energy efficiency around the state. Rating the efficiency of a home will help increase the value of these types of investments, while helping home Page 1 of 2 buyers save energy costs and increase comfort," said John B. Rhodes, President and CEO, NYSERDA. "This is a great example of how an innovative community program can help promote the value of energy efficiency improvements here and in other regions of the state." According to the Department of Energy, space heating and cooling accounts for more than 50 percent of a typical U.S. home's energy use, making it the largest energy expense for most homes. Home owners can reduce these energy costs with improvements in insulation and air-sealing. There are state incentives as well as financing assistance to help homeowners make these improvements. "We are excited about this project, which will help homeowners improve the comfort, quality, and value of their homes, while also helping our region reduce its greenhouse gas emissions," said Herb Engman, Town of Ithaca Supervisor. The Town of Ithaca is the grant administrator for this project. The Residential Energy Score Project officially kicked off in October 2014; since then, the group has studied existing rating methods and programs and conducted legal research into municipal involvement in such programs. The group expects to begin outreach efforts this summer to get feedback from the public about the idea. Page 2 of 2 Residential[Energy3core[ProjectD�[FreguentlyMskedMuestions0 The Residential Energy Score Project (RESP) is a first-of-its kind project that is seeking to create strong market demand for energy efficiency in existing houses and, by extension,to reduce utility costs for homeowners,to increase energy literacy, and to help promote the county's sustainability goals. RESP is a partnership of the Towns of Caroline, Danby, Ulysses, and Ithaca, the City of Ithaca,Tompkins County, and Cornell Cooperative Extension. Project funding is provided by NYSERDA through the Cleaner Greener Communities program. The project aims to create a voluntary program where homeowners could get a home energy score that could be shared with prospective buyers,tenants, or other interested parties.A local label is being developed that will provide information about the energy efficiency of the physical structure of a home, including the heating system, air sealing, and insulation.The project is currently in the program design phase, and is soliciting feedback from the community.The project team aims to have a program and implementation plan endorsed by participating municipalities by spring 2016. 1. What3s1b1'Home1Energy15core"?® A home energy score, also called a home energy rating, is an easy-to-understand assessment of the relative energy efficiency of a home. It is often compared to a miles-per-gallon (MPG) rating for a car.Two scoring systems that are being used widely across the country are the Residential Energy Services Network's Home Energy Rating System Index (HERS Index, www.resnet.us/professional/rater/what-is-a-hers) and the Department of Energy's Home Energy Score (DOE HES,www.energy.gov/eere/buildings/home-energy-score). 2. Why@houId0[Zet1b1&core3or3ny[Jhouse?® A home energy score will tell you how energy efficient your home is compared to other homes in our area. Knowing your home energy score will also help you to find out how to improve your comfort, the indoor air quality, and save money on your utility bills.The score will help you determine what work you could do to improve energy efficiency. If you are selling your house,the score will give potential buyers an idea of the utility costs. If you are buying a home, comparing scores will inform you of future utility costs.As more houses are scored and energy improvements are made, we will be working toward meeting the County goals for an 80% reduction in greenhouse gas emissions by 2050. 3. Do3lhaveMolketlb3core[forlinylbouse?® No.The end result of this project is to implement a voluntary program for home energy scores in the County.The more homes that have an energy score the better educated the community is about energy use and the better educated home buyers are in making decisions on purchases. 4. HowMo©ltetlbl&corelbnd[gvhoMoeslitt?® Right now, before we roll out a voluntary program, you can get a score by contacting HES or HERS professionals via the following links: • HES: www.energV.gov/eere/buildings/home-energy-score-partners; • HERS: www.resnet.us/directory/search. More professionals will be needed in our area to meet the need of the voluntary program demand for home energy scores. 5. Will3lhaveMoq)aylorlit?[EHow3nuchMoes3t[tost?® The cost of a home energy score varies, depending on the rating system used. Our research shows that costs are typically between $300 and $500. This project is actively studying how to make the process accessible and Updated Dec 02,2015 Page 1 of 2 affordable to our entire community, including low-income populations.This may mean tying the rating to an existing program or finding a source of funding to cover costs. 6. IsYgetting(bliating[tomplicated?® No, once you set up an appointment,the score professionals will need to be in your house for one to three hours. 7. Wililb[latinglbffect[ny[iome'sNralue?® There is no evidence that a home energy score will affect the assessed value or sale price of a home.This subject is currently being researched. 8. Howms[bdomelnergyl&corendifferentlromlbnnbnergy[budit?® The score gives a very brief overview of the energy efficiency of a home; this information fits on a small label. On the other hand, an energy audit will produce an extensive report that provides much more detailed information about the characteristics of the home and how it uses energy,the type and efficiency of energy-using systems, and the recommended improvements. 9. Will©[have[lolmake®m prove ments3olinnylomeW3Cget1b2)ad11ating?M Getting a score does not require improvements, but gives you the information you need in order to make decisions about the need for upgrades. 10. IflDva ntliallnnakemm prove ments3olinny[home,30atla n3ld o1b nd3vh at1b relheli na nci ngnbptions?0 If you are looking to do improvements, contact Cornell Cooperative Extension of Tompkins County for a list of contractors (ccetompkins.org, 607-272-2292). NYSERDA maintains a list of statewide partners for every program they offer: www.nyserda.nv.gov/Contractors/Find-a-Contractor. Financing options are available through a number of NYSERDA programs. • Assisted Home Performance with Energy Star provides those who qualify with a discount covering 50%of the cost of eligible energy efficiency improvements up to $5,000 per project for single-family homes. Two-to four-unit residential homes with income-eligible residents may qualify for a discount of up to $10,000: www.nyserda.ny.gov/All-Programs/Programs/Assisted-Home-Performance-with-ENERGY-STAR • EmPower New York provides no-cost energy efficiency solutions to income-eligible New Yorkers: www.nyserda.ny.gov/AII-Programs/Programs/EmPower-New-York • More programs are described here: www.nyserda.ny.gov/AII-Programs?category=f716O2961-B593-49A7- AD1B-7D5EF547BDFF} To find out more about local, state, and federal incentive programs,visit www.dsireusa.org. 11. Whereltan©mearnlinorelbboutlbnergy@cores?® Visit the RESP website at http://www.town.ithaca.nv.us/resp. Here's a link to the HERS Index: www.hersindex.com/and here's a short video about HERS: www.youtube.com/watch?v=klGaIrUdVdo HES information: www.energy.gov/eere/buildings/home-energy-score; www.homescore.org/ Contact Nick Goldsmith at the Town of Ithaca to be added to a project update email list: ngoldsmith@town.ithaca.ny.us Updated Dec 02,2015 Page 2 of 2 CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 Q- o DEPARTMENT OF PLANNING,BUILDING,ZONING, &ECONOMIC DEVELOPMENT Division of Planning& Economic Development �M®FO x JOANN CORNISH,DIRECTOR OF PLANNING&ECONOMIC DEVELOPMENT U`"'R-0 0,, .''C %y° ��� PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT c�Appg'A1E0� 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 To: Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: December 4, 2015 Re: Proposal to Require Street-Level Active Uses on the Primary Commons The purpose of this memo is to provide information regarding a proposal to create a requirement for active street-level uses on the primary Commons. Street-level active uses encourage high levels of pedestrian activity and enliven the streetscape. Therefore, staff is recommending that the City consider adopting requirements for ground-floor active uses on the Commons. A draft ordinance is enclosed for your consideration. The draft ordinance requires that all buildings located on the Primary Commons to have active uses on the ground floor for the portion of the building fronting on the Commons. Active uses are defined as any of 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 In addition, the proposed ordinance states that 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. This proposal was previously discussed at the October Planning and Economic Development meeting. At that meeting staff was directed to draft and circulate the ordinance for comments. At the request of the Committee an environmental review of this action has been completed, and the draft Full Environmental Assessment Form and ordinance are enclosed. 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 from the County, which states that this action is not expected to have inter-municipal or countywide impacts. 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. Draft Resolution 12/4/15 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning," To Create a Requirement for Street Level Active Uses on the Primary Commons - Declaration of Lead Agency WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed 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 amending the Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning, " To Create a Requirement for Street Level Active Uses on the Primary Commons . Draft Resolution l 2/4/l 5 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning, " To Create a Requirement for Street Level Active Uses on the Primary Commons - Declaration of Environmental Significance 1 . WHEREAS, The Common Council is considering a proposal to amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled "Zoning, " To Create a Requirement for Street Level Active Uses on the Primary Commons, and 2 . WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF) , dated October 26, 2015, and 3 . WHEREAS, the proposed action is a "'TYPE I" Action under the City Environmental Quality Review Ordinance, and 4 . 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 1 . 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 Short Environmental Assessment Form, dated October 26, 2015, and be it further 2 . 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 3 . 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. . ITFr� CITY OF ITHACA �RPORIITEa� 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 Primary Commons Name of Lead Agency: City of Ithaca Name and Title of Responsible Officer in Lead Agency: Mayor Svante M31ick Signature of Responsible Officer in Lead :A enc g p Agency: Signature of Preparer: Date: 10/26/15 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 Primary 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: Page 2 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: —12.5 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 L 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 I11r 11 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 ® 0-10% 100 % ❑ 10-15% % with slopes: o 0 ❑ 15/o or greater /o 6a. Is project substantially contiguous to, or does it contain a building, site or district, listed on or ® Yes ❑No ❑N/A If yes, identify: eligible for the National or State Register of . Commons National Registered Historic District Historic Places? • Dewitt Park Historic District -Local &National 6b. Or designated a local landmark or in a local ® Yes ❑ No ❑N/A landmark district? Masonic Temple Ithaca Electric & Gas-123 S. Cayuga Street 7. Do hunting or fishing opportunities presently ❑ Yes ® No ❑N/A If yes, identify each species: exist in the project area? Page 3 A. SITE DESCRIPTION (concluded) 8. Does project site contain any species of plant or ❑ Yes ® No ❑N/A animal life that is identified as threatened or According to: endangered? Identify each species: 9. Are there any unique or unusual landforms on the ❑ Yes ® No ❑ N/A project site? (i.e., cliffs, other geological If yes, describe: formations) 10. Is the project site presently used by the ® Yes ❑ No ❑N/A community or neighborhood as an open space or If yes, explain: recreation area? Outdoor Pedestrian Mall 11. Does the present site offer or include scenic views ® Yes ❑ No ❑N/A known to be important to the community? If yes, describe: East and West Hill 12. Is project within or contiguous to a site ❑ Yes ® No ❑N/A designated a Unique Natural Area(UNA) or If yes, describe: critical environmental area by a local or state agency? 13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a N/A I tributary: N/A 14. Lakes, ponds, wetland areas within or contiguous a. Name: to project area: N/A b. Size (in acres): 15. Has the site been used for land disposal of solid ❑ Yes ® No ❑N/A or hazardous wastes? Describe: 16. Is the site served by existing public utilities? ® yes ❑ No ❑ N/A a. If Yes, does sufficient capacity exist to allow connection? ❑ Yes ❑ No ® N/A b. If Yes, will improvements be necessary to allow connection? es ❑ No ® N/A B. PROJECT DESCRIPTION FPhysical dimensions and scale of project (fill in dimensions as appropriate) la. Total contiguous area owned by project sponsor in acres: 1.6 (paved surfaces owned by City) lb. Project acreage developed: 12.5 acres initially 12.5 acres ultimately lc. Project acreage to remain undeveloped: N/A ld. Length of project in miles: (if appropriate) 1,350 feet Ile. If project is an expansion, indicate percent of change proposed: N/A lf. Number of off-street parking spaces existing: N/A proposed: N/A Page 4 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? 1,350 feet 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: Ill.Will project require relocation of any projects or facilities? ❑ Yes ❑ No ❑N/A; if yes, explain: 112a. 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 Z 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 r c. 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 115a. Does project involve disposal or solid waste? ❑Yes ® No ❑N/A 115b. If#15a is yes, will an existing solid waste disposal facility be used? ❑Yes ❑No ® N/A -7 15e. If#15b is yes, give name of disposal facility: N/A and its location: N/A r d. 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: F15e. 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 5 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: r . 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 1. 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-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 '/4-mile radius of the project? (e.g. R-la or R-lb) B-la,B-lb,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-la,R-lb,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 6 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: A APPROVALS 1. Approvals: Common Council Adoption 2a. Is any Federal permit required? ❑ Yes ❑ No ❑N/A; Specify: b. Does project involve State or Federal funding or financing? ❑Yes ❑ No ❑N/A; If Yes, Specify: 2c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council Yes Adoption Board of Zoning Appeals (BZA) No Planning& Development Board No Ithaca Landmarks Preservation No Commission ILPC) Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (NRA) 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 7 City of Ithaca Full Environmental Assessment Form (FEAF) PART 2 — PROJECT IMPACTS & THEIR MAGNITUDES MPACT ON LAND 1. Will there be an effect as a result of a physical change to project Small to Potential Can Impact be site? ❑ Yes ® No Moderate Large Reduced by Impact Impact Project Change? y construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slope in the project exceeds ❑ Yes ❑ No 10%. Construction on land where the depth to the water table is less than 3 0 ❑Yes [:] No feet. Construction of parking facility/area for 50 or more vehicles. ❑Yes ❑ No Construction on land where bedrock is exposed or generally within 3 ❑Yes ❑ No feet of existing ground surface. Construction that will continue for more than 1 year or involve more ❑Yes ❑ No han one phase or stage. rvacuation for mining purposes that would remove more than 1,000 ❑Yes ❑ No ocns of natural material (i.e., rock or soil)per year. Construction of any new sanitary landfill. 0 ❑ 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? Small to Potential Can Impact be (i.e., cliffs, gorges, geological formations, etc.) Moderate Large Reduced by ❑ Yes ® No Impact Impact Project Change? Specific land forms: I IF-- ❑Yes ❑No IMPACT ON WATER 3. Will project affect any water body designated as protected? (Under Small to Potential Can Impact be article 15 or 24 of the Environmental Conservation Law,E.C.L.) Moderate Large Reduced by ❑ Yes ® No Impact Impact Project Change? [Developable area of site contains a protected water body 7110 ❑ Yes ❑ No redging more than 100 cubic yards of material from channel of a ❑ Yes [:] No [protected stream. ension of utility distribution facilities through a protected waterNy. ❑ Yes ❑ No Construction in a designated freshwater wetland. 11 ❑ Yes ❑ No Other impacts: 11 E-77 ❑Yes ❑ No 4. Will project affect any non-protected existing or new body of Small to Potential Can Impact be water? Moderate Large Reduced by ❑ Yes ® No Impact Impact Project Change? Page 8 Or10% increase or decrease in the surface area of any body of water ❑ Yes [:] No r more than a 10,000 sq. ft. of surface area. Construction, alteration, or conversion of a body of water that ❑ Yes ElNo exceeds 10,000 sq. ft. of surface area. all Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga ❑Yes [:] No Lake, or the Cayuga Inlet? Other impacts: F7-71 [:] Yes [:] No 5. Will project affect surface or groundwater quality? Small to Potential Can Impact be ❑ Yes ® No Moderate Large Reduced by Impact Impact Project Change? Project will require a discharge permit. ❑ Yes ❑ No roject requires use of a source of water that does not have approval ❑ yes [:] No o serve proposed project. Construction or operation causing any contamination of a public ❑ Yes ElNo [water supply system. roject will adversely affect groundwater. IF ❑ Yes [:] No] �resently iquid effluent will be conveyed off the site to facilities which Fi Yes ❑ No do not exist or have inadequate capacity. IF 11 roject requiring a facility that would use water in excess of 20,00 ❑ yes ❑ No gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual ❑ Yes ❑ No contrast to natural conditions. �roducts roposed Action will require the storage of petroleum or chemical FEJYes ❑ No greater than 1,100 gallons. Other impacts: 11 1 1 ❑ Yes ❑ No 6. Will project alter drainage flow, drainage patterns or surface Small to potential Can Impact be water runoff? Moderate Reduced by ❑Yes ® No Impact Project Impact project Change? Project would impede floodwater flows. 0 ❑ Yes ❑ No roject is likely to cause substantial erosion. 0 ❑ Yes ❑ No Project is incompatible with existing drainage patterns. 011 ❑ Yes ❑ No Other impacts: ❑ Yes ❑ No IMPACT ON AIR 11 7. Will project affect air quality? Small to Potential Can Impact be Moderate Reduced by Projec ❑Yes ® No Impact Large Impact Change? roject will induce 500 or more vehicle trips in any 8-hour period ❑Yes ❑ No er day. I F �er roject will result in the incineration of more than 2.5 tons of refuse ❑Yes [:] No 24-hour day. roject emission rate of all contaminants will exceed 5 lbs per hour ror ❑yes ❑ No a heat source producing more than 10 million BTUs per hour. Page 9 Other impacts: ❑Yes ❑ No IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered Small to Moderate Potential Large Can Impact be species? Impact Impact Reduced by ❑Yes ® No p p Project Change? eduction of any species listed on the New York or ❑ Yes ❑ No Federal list,using the site, found over, on, or near site. L I Removal of any portion of a critical or significant ❑ Yes El No wildlife habitat. pplication of pesticide or herbicide more than twice a FEI Yes ❑ No ear other than for agricultural purposes. Other impacts: =1 I ❑ Yes [:] No 9. Will proposed action substantially affect non- Small to Moderate Potential Large Can Impact be threatened or non-endangered species? Impact Impact Reduced by ❑Yes ® No p p Project Change? Proposed action would substantially interfere with any ❑ Yes [:] No esident or migratory fish or wildlife species. Proposed action requires the removal or more than 1/2 acre of mature woods or other locally important ❑ Yes [:] No vegetation. Other impacts: ILX11 11 ❑ Yes ❑ No IMPACT ON AESTHETIC RESOURCES 10. Will the proposed action affect views, vistas or the Small to potential Large Can Impact be isual character of the neighborhood or community? Moderate Impact Reduced by Project ❑ Yes ® No Impact Change? Proposed land uses, or proposed action components obviously different from or in sharp contrast to current ❑ Yes ❑ No surrounding land use patterns, whether man-made or natural. Proposed land use, or proposed action components visible to users of aesthetic resources which will ❑ Yes ❑ No eliminate or significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in the elimination or major screening of scenic views known to be important to the ❑ Yes ❑ No area. Other impacts: ❑ Yes [:]No IMPACT ON HISTORIC & ARCHAEOLOGICAL RESOURCES — See Part III 11. Will proposed action impact any site or structure of Small to potential Large Can Impact be historic, prehistoric or paleontological importance? Moderate Impact Reduced by ® Yes [:]No Impact Project Change? Page 10 Proposed action occurring wholly or partially within or contiguous to any facility or site listed on or eligible for ❑Yes [:] No he National or State Register of Historic Places. y impact to an archaeological site or fossil bed I located within the project site. ❑ Yes [:] No Proposed action occurring wholly or partially within or contiguous to any site designated as a local ® ❑ Yes [:] No landmark or in a landmark district. Other impacts: ❑ Yes [:] No IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or Small to Can Impact be quality of existing or future open spaces or recreationt Moderate Potential Large Reduced by opportunities? Impact ❑ Yes ® No Impact Project Change? The permanent foreclosure of a future recreational ❑Yes [:] No opportunity. major reduction of an open space important to the community. ❑Yes ❑ No Other impacts: IF ®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 Small to Can Impact be transportation systems? Moderate Potential Large Impact Reduced by Project ❑ Yes ® No Impact Change? Iteration of present patterns of movement of I eople and/or goods. ❑ Yes ❑ No troposed action will result in major traffic roblems. IF-- J ❑ Yes [:] No Other impacts: �� ❑Yes [:] No IMPACT ON ENERGY 15. Will proposed action affect the community's Small to Can Impact be sources of fuel or energy supply? Moderate Potential Large Impact Reduced by ❑ Yes ® No Impact Project Change? Page 11 Proposed action causing greater than 5% increase ❑ Yes ❑ No in any form of energy used in municipality. Proposed action requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two ❑Yes [:] No family residences. Other impacts: I ❑Yes ❑ No IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare,vibration or electrical disturbance during Small to Potential Large Can Impact be Reduced construction of or after completion of this Moderate Impact by Project Change? proposed action? Impact ❑Yes ❑ No Blasting within 1,500 feet of a hospital, school, or other sensitive facility? FE] Yes ❑No Odors will occur routinely(more than one hour er day) ❑ Yes ❑No Proposed action will produce operating noise exceeding the local ambient noise levels for ❑ Yes ❑No noise outside of structure. tould roposed action will remove natural barriers that act as a noise screen. El ❑No Other impacts: =1 L11 I ❑ Yes ❑No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? Small to potential Can Impact be Reduced by ❑ Yes ® No Moderate Large Impact Project Change? Impact Proposed action will cause a risk of explosion or release of hazardous substances (i.e. oil,pesticides, chemicals, ❑ Yes ❑No radiation, etc.) in the event of accident or upset conditions, or there will be a chronic low-level discharge or emission. Proposed action may result in the burial of"hazardous wastes" in any form(i.e., toxic, poisonous, highly reactive, ❑ Yes ❑No radioactive, irritating, infectious, etc.) Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal ❑ Yes ❑No of solid or hazardous wastes. Proposed action will result in the handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, ❑ yes ❑No radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). Storage facilities for 50,000 or more gallons of any liquid ❑ yes ❑No fuel. Page 12 Use of any chemical for de-icing, soil stabilization or the control of vegetation, insects or animal life on the premises ❑ Yes ❑No of any residential, commercial or industrial property in excess of 30,000 square feet. Other impacts: L= ❑ Yes ❑No IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character Small to Potential Large Can Impact be Reduced by of the existing community? See Part III ® Yes ❑ No Moderate Impact Impact Project Change? The population of the City in which the proposed action is located is likely to grow by ❑ Yes ❑No ore than 5% of resident human population. The municipal budgets for capital expenditures or operating services will increase by more than 5%per year as a result Yes ❑No of this proposed action. Proposed action will conflict with officially ❑Yes ❑No adopted plans or goals: 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 ❑ Yes ❑No historic importance to the community. Development will create a demand for additional community services (e.g. schools, ❑ Yes ❑No police, and fire, etc. 1Proposed 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 Small to Potential Large Can Impact be Reduced by proposed action? TBD— See Part III Moderate Impact Project Change? Yes ❑ No ❑ Impact Either government or citizens of adjacent communities have expressed opposition or ejected the proposed action or have not been ❑ Yes ❑ No contacted. Objections to the proposed action from within ❑ Yes ❑No he community. 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 13 City of Ithaca Full Environmental Assessment Form (FEAF)—Part III Proposed Amendment to CBD Zone Requiring Street-Level Active Uses on Primary Commons October 26, 2015 PROPOSED ACTION The proposed action is an amendment to the CBD Zoning District that would require all properties that front on the Primary Commons to have active street level uses. Street level active uses encourage high levels of pedestrian activity and enliven the streetscape. The proposed changes would be consistent with the recently adopted MU-2 District in Collegetown, which requires street level active uses. Active uses in the proposed ordinance are defined as any of 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 This concept is also 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, which was strongly endorsed by the Common Council in April 2011. 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. 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. 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 November 19, 2015. At this time, no comments have been received on this proposal. Page 14 Tompkins County DEPARTMENT OF PLANNW Cf 121 East Court Street Ithaca,New York 14850 Edward C.Marx,AICP Telephone(607) 274-5560 Commissioner of Planning Fax(607)274-5578 November 10,2015 Charles Pyott,Office Assistant Department of Planning and Development City of Ithaca 108 East Green Street Ithaca,NY 14850 Re: Review Pursuant to§239-1 and-m of the New York State General Municipal Law Action: Proposal to Mandate Street-Level Active Uses on Primary Commons I Dear Mr.Pyott: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239-1 and-m of the New York State General Municipal Law.The Department has reviewed the proposal,as submitted,and has determined that it has no negative inter- community, or county-wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C.Marx,AICP Commissioner of Planning i I Incfusion through Diversity 12/4/2015 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning, " To Create a Requirement for Street Level Active Uses on the Primary Commons ORDINANCE NO. 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. ("Zoning Regulations-Additional Restriction in the CBD Districts") of the Municipal Code of the City of Ithaca is hereby amended to add a new subsection 325-8D (3) , that will establish a requirement for active street level uses for any establishment that opens on to the Primary Commons . Section 325-8D (3) , shall read as follows : 325-8 D. (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 . Active uses are defined as any of 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 and Development Board determines them to be an active use and grants special approval for the use . Section 3 . The City Planning and Development Board, the City Clerk, and the Planning and Economic Development Division shall amend the District Regulations Chart to add street level active uses as a requirement under the permitted primary uses, in accordance with the amendments made by this ordinance. Page 1 of 2 12/4/2015 Section 4 . 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 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Page 2 of 2 To:Planningbnd[Economic®evelopment[tommittee0 From:SephMurtagh,[Ehair0 Date:Wednesday,®ecember[Z°d,[20150 Re:Ihanges®o[Exterior PropertyMaintenance Ordinance 0 Attached Cyou'll(findCa(draftOrdinanceCthatCincludesCsomeCre comm endedcchangesCtoC the Ccity's(Exterior(Property(Maintenance®rdinance.C'hisGscnCrespons ecto(acrequestC fromCtheCcity's(Rental( lousing(Advisory(CommissionCtoCamendCthecordinance,CwhichC has IbeenCaCsourceOffrustration(rorUtyCresi dents Can dCpropertyCowners.(C Chiefly,Cproblems(have CarisenGnCtwoCareas:C[)CthedackOf(adequatechotificationcofC violations,Cand(2)Cthe(fines,Cwhich Care(reltCto(be Cexcessive((especiallyCinCtheCcategoryC ofCgarbageCcan(lids).(ACsmallCgroupCof(CouncilCmembers(andCstaff(iavecreviewedCtheC Iegislation Can dGGnCconj unctioncwithCtheCrecentlyCcreateMe mail GIotification(system,C whichf asCalreadyf elpedCto(addressCsomeCofCtheCnotificationCLssuesC-(areCproposingC the(roll owingCchanges:(C 1) 24(iourCwarningCperiod(forCinanyCviolations.Q'hoseCsignedcapcttocttheccity'sC emailCnotificationCsystemCwouldCgetCanCemailCwarning(about(ancoffense,(andcfC the Cproblem(is(fixed(within(24ci ours,CnoCticketCwilllbe(written.gThisCchangeC does Ciot(applyCtoCsnowyCsidewalks,CwhichCrnust(beCcleared(24cioursCafterCtheC snow1beginsCto(fall.Q'hisCrule&ould0tay(InCeffect).(C 2) LowerCcivilCpenalties(forCviolations.('inesCwould(becoweredc�acrossCthelboardC (includingCsnowyCsidewalks)Cto($25,($50,($100�forClst,(2nd,ardcoffenseCLnca(b- month(period)(fromCtheCcurrentCratecof($25,($50,($200,($300gforQst,(2nd'Qrd'C 4thCoffensesCLn(a(6-monthCperiod).0 3) Fines(forcids0ffcofcgarbageCcansCwouldlbecoweredCto($20.Q'hisCwouldcnotC escalate.0 IfCtheCcommitteecsCwilling,CweCwillCcirculateCtheCproposedcegislation(for(furtherC review.([fCyouf ave(anyCquestions,(please0on't(hesitateCtoCcontactcne.(C 0 0 C ORDINANCE -2016 An Ordinance Revising Chapter 178 of the City of Ithaca Municipal Code WHEREAS, Chapter 178 of the City of Ithaca Municipal Code establishes Exterior Property Maintenance requirements for properties throughout the City, and; WHEREAS, the Common Council desires to adjust the schedule of civil penalties applicable to violations of this chapter, along with certain time periods by which some violations are defined, and; WHEREAS, the Rental Housing Advisory Commission has proposed recommendations to Common Council to lower the civil penalties and address the issue of lids missing from garbage containers; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that the public will be better served by a lower schedule of civil penalties applicable to violations of this chapter, including taking account of the minor nature of violations comprised only of lids missing from garbage containers. Section 2. Amendments to Section 178-3. Paragraphs A and B of Section 178-3 shall be amended as follows: A. All grounds on the exterior of the premise are kept free from solid waste and any litter that has been cast, blown, thrown, put, placed, or accidentally dropped on the grounds, bushes, or in trees, and allowed to remain on the grounds, bushes, or in trees for 4-824 hours, is removed. B. All garbage, when stored outside, is completely contained in nonabsorbent, watertight, durable containers having a tight-fitting lid in place. Plastic bags are not considered durable containers. Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening before scheduled collections or may be taken to an approved refuse disposal sight. Garbage containers, whether they contain garbage or not, shall have a tight-fitting lid in place at all times. Tight-fitting lids shall be placed back on all garbage containers as soon as possible after garbage collection and, in any event, on the same day as collection. Any garbage remaining after scheduled pickup must be removed from curbside as soon as possible after garbage collection and, in any event, on the same day as collection. Garbage containers shall not be stored in front yards or any other yards that have frontage on a public street unless all yards on the property have frontage on public streets. Prohibited storage 1 areas include the area between the sidewalk and curb. Composting materials, so long as they are maintained as defined by this section, shall not be considered garbage. It is presumed that the contents of any garbage bag or plastic bag or garbage can is garbage. For purposes of this paragraph, "stored" shall mean located outdoors in a general vicinity for at least 24 hours. Section 3. Amendments to Section 178-10. Subparagraphs A(1) and A(2) of Section 178-10 shall be amended as follows: A(1). Any property owner and/or agent who violates any provision of this chapter or of § 325-29.3, except those provisions specified in Subsection A (2) below, shall be liable for a civil penalty of $25 for the first violation at a property within a six-month period, $50 for a second violation at the same property within a six-month period, $200 for o third Miele+inn at the and $100$300 for a thirdfourth or subsequent violation at the same property within a six-month period. For any fine not paid within six months of the date of the offense, there shall be a late penalty in the amount of 20% of the fine added to the amount due, such late penalty waivable for good cause shown. A(2). Any property owner and/or agent who violates . p-of § 178-3 (B) solely insofar as to fail to have a tight-fitting lid in place on garbage containersE, r, 1 er I er aRy of the nrnVicinnc in § 178 3F regaridinn grass weeds brush, nlnn+innc or ebstri intien of views shall be liable for a civil penalty of $20 meth neriede $60 for o seGend violation atthe come property wi�R-a twelye_menth neried and $100 fnr o third or sseq lent b ,���,-� for each such violation at the come property within a twelvemonth per�a Section 4. Severability. Severability is intended throughout and within the provisions of this Ordinance. 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 5. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. 2 �•�x9 CITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 o° DEPARTMENT OF PLANNING,BUILDING&ECONOMIC DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING&DEVELOPMENT `��pORM1Tfd�� PHephonie: Planning&DeveeloppmentT 07 2774 65 OR FOR ECONOMCommunityI vel pme t/DEVELOPMENT IURA 07-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning and Economic Development Committee FROM: Jennifer Kusznir, Economic Development Planner DATE: December 4, 2015 RE: Proposal to Rezone the Waterfront Zoning District to a Planned Unit Development Zoning District In September of 2015, the Common Council adopted Plan Ithaca, as Phase I of the City of Ithaca's Comprehensive Plan. In November of 2015, the Planning and Economic Development Committee directed planning staff to begin working on a waterfront development plan as a part of the next phase for the Comprehensive Plan. Although the exact boundaries of the waterfront area to be studied, have not been determined, the majority of existing developable land along the City's waterfront is currently zoned WF-I, WF-2, and I-1. Since this planning effort will likely result in changes in the zoning requirements for these areas, staff is recommending that the City consider rezoning these areas to a mandatory Planned Unit Development (PUD) zone, until a plan for the waterfront is completed. In 2014, the City adopted a floating PUD that could be used in any I-1 zoning district. The PUD is a tool intended to be used to encourage mixed-use or unique single use projects that require more creative and imaginative design of land development than is possible under standard zoning district regulations. A PUD allows for flexibility in planning and design, while through the process of review and discussion, ensures efficient investment in public improvements, a more suitable environment, and protection of community interest. However, a PUD also requires the applicant to work with the Common Council to determine appropriate development of a site. Since the plans for the waterfront are in transition, staff feels that having the Common Council oversite on any potential plans will allow for appropriate development that will take into consideration the work that is being done for this area. If the Committee is in agreement, staff will draft an ordinance, circulate it, and return to the Committee with any comments that are received. If you have any questions, please feel free to contact me at 274-6410. MEMORANDUM DATE: December 4, 2015 TO: PEDC SUBJECT: Backyard Chickens Pilot Program' Request. Authorize a two-year pilot program, which would allow the City to monitor a limited number of backyard chickens that are kept in the backyards of single family and duplex residential units under certain conditions. The pilot would be limited to 20 residences within the City of Ithaca. It is proposed that the Planning Department review and approve applicants and select applicants based on meeting specific criteria contained in this permit application proposed for City Council approval. Summary. From time to time, the City has received requests from citizens to allow chickens in backyard coops. These requests are part of a nationwide trend to allow chickens in urban areas for the purpose of fresh eggs; chicken keepers are typically concerned about the amount of time and energy it takes to get eggs to the end consumer, want eggs free of certain farm chemicals and pesticides, or just simply enjoy the taste of fresh eggs and chicken keeping as part of a more active lifestyle. Chicken keeping is also part of a larger sustainability trend to allow citizens to grow their own foods — including fruits, vegetables and honey production — by reducing barriers, which restrict local food production. These sustainability trends are congruent with the City's Comp Plan goals, such as support for our community gardens and active living initiatives. Also, conventional agricultural practices that have been in place since World War II have relied on pesticides and fertilizers to produce food for the mass consumer markets. These are typically petroleum-intensive operations. With rising fuel and food prices, allowing local food production may improve the resiliency of a particular city or region to current and future price swings or food shortages. Specific criteria for the proposed pilot are as follows to allay the common concerns: • Up to 4 (4) hens are allowed at single family and duplex residences; roosters are prohibited. Multi-family and similar units are prohibited from keeping chickens. • Hens must be contained within a covered chicken coop and fenced pen area. The coop and fenced pen area must be located in the rear half of the residential lot behind the principal structure. It shall be unlawful for any person to allow hens to run at large upon the streets, alleys or other public places of the City, or upon the property of any other person. • The coop and fenced pen area shall be setback 20-feet from any adjacent residential principal structure or accessory structure that contains a residential unit, which is off the subject property, and 5-feet from any abutting residential property line (unless the adjacent neighbor agrees in writing to a lesser setback or a waiver of these requirements), and 5-feet from any principal structure on the site. • The coop and pen area must be kept in a clean sanitary manner, free of insects and rodents, offensive odors, excessive noise, or any other condition which could potentially cause a nuisance (i.e. the coop should be cleaned frequently). Stored feed must be secured in metal containers to prevent mice and other pests. • No slaughtering of the hens is allowed on the subject site. • As long as the coop is movable or prefabricated, and 12 square feet or less, no building permit is required, or may be included in any fence permit if needed. • Applicants for the pilot program must complete a seminar regarding the care of chickens in an urban environment from the Cornell Cooperative Extension Office, or similarly qualified organization acceptable to the Planning Department. • If the program is to discontinue, or households drop out, the City will connect these households with NY Backyard Chickens and Cooperative Extension to assist with finding suitable homes for the chickens and re-using the coop materials. Application. Up to 20 owner occupants of single family and duplex dwellings within the City of Ithaca may apply for a permit through the City of Ithaca Planning Department by submitting an application, site survey, verification of a completed chicken keeping seminar and preliminary plans for the covered coop. If electricity is provided to the coop, a separate electrical permit will be required. A City Planning Department representative will perform a site visit, review the application and interview the applicant prior to Planning Department approval. Additional Information. A listing of cities that authorize a level of urban chicken keeping is attached. The development standards proposed are based on a conservative amount of hens (4) and typical setbacks in similar cities. Recommended Action and Conditions. Authorize the Planning Department to issue up to 20 permits for a pilot program authorizing urban chickens, subject to the above conditions, and the following: • Charge a $70 permit application fee for Single Family and Duplex Residences for the pilot program's applicants. • The Planning Department may revoke a permit for a specific site via written notice to the property owner when the City finds, at its sole discretion, that any of the above conditions are not met. The hens must be removed from the property. • The Planning Department will work with Cornell Cooperative Extension Office to monitor those in the pilot program, and report those findings to the Planning and Economic Development Committee on a quarterly basis. • The Planning Department shall report prior to the expiration of the pilot program to Council. The Council would then have the opportunity to extend the pilot, direct staff to codify the program into the Code, or discontinue the program. Listing of Cities Allowing Urban Chickens Alabamai San Leandro Illiniosi Rosemount Huntsvillei San Mateoi Chicago St. Pauli Mobile Temple city-i Minneapolis Vallejo- Indiana- Rosemount Arkansas i Woodland Evansville St. Paul Fayetteville i 0 M M Little Rock Colorado- Kansas Montana Arvada-i Louisville- Missoula Arizonai Colorado Springs M Flagstaff i Louisiana i Missouri Gilbert D.C.0 Baton Rouge- Kansas City Florida New Orleans- Kirksville California- p St. Louis Bellair- Albany Massachusetts i American Canyons Dunedin i Anaheim- Gulfport Belmont-i NorthMarolina- Ke West Brockton Asheville- Bakersfield- y Cambridgei Black Mountain Berkley. i Lakeland Lynne Cary(Feb 9, 2012)1 Campbell i Largo i DaVISC Levy County i Northampton Chapel HillF- Somerset-i Durham- Downey Miami Wenhami Raleigh El Cajoni Pinellas CO.L Westwood Charlotte Folsom i St. Petersburg a Imperial Beach- Sarasota a Marylandi North®akotaL Irvine- � Baltimore City Grand Forks Lakewoodi Georgia-i La Puente i Alphraretta i 0 (] Atlanta Maine- Nebraska-Long � Camden- Lincoln-i ' Falmouth.i Omaha i Los Angeles i Iowa- South Portland i MLos Altos Clivei Oakland- Des Moinesi New3iampshireM Sioux Cit i Michigani- Hamptsead Petaluma y Ann Arbor_i Poway i Urbandalei Benton Harbori New©erseyi Redwood City. i UWindsor Heights East Lansing-� Red Bank..- Rosevillei Lansing i Santa RosaC Idaho Sacramento County i Boise Traverse City NewMAexico i - � Albuquerque. i San Carlos Nampa Minnesota Santa Fe-i San Jose- ' Minneapolis IN San Francisco-! NevadaF Lake Oswegoi- Dallasr Washingtoni Henderson-i Milwaukie- Ft. Worth-i Battle Ground- Las Vegas i Oregon city Garlandi Bothell Portlandi Houston i Cmasi NewWork- Stayton- Laredo- Everett- Binghamton- 0 Murphy- Gig Harbor- Huntingtoni 0 Richardson i La Centeri New Hempstead i 0 Round Rock i Lynnwoodi New York City- Pennsylvania: San Antonio- Mill Creek- Riga/Churchville- Catawissa- St. Paul- Olympia- M Pittsburgh i Wacoi Seattle i Ohioi State Collegei 0 Spokanei Toledo Shaler Utahr- Tacoma- 17 0 Brigham City- Vancouveri Oklahoma i South[Earolina i Salt Lake City i Woodinvillei Tulsa Aiken 0 M M 0 Virginia- WisconsinF- Oregon- Tennessee- Fredrick County Ellsworth- Albany Nashville 0 Greenbay Coos Bay i 0 Vermont i Madisom Corvallis- Texas- Burlington- Shorewood Hills - Eugene- Austin- N ' The language for this memo and proposal is based on the pilot program implemented in the City of Orlando, FL in 2012. City of Ithaca Planning & Economic Development Committee Wednesday, October 14, 2015 — 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ellen McCollister, Cynthia Brock, and Josephine Martell Committee Members Absent: None Other Elected Officials Attending: Alderperson George McGonigal Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Megan Wilson, Senior Planner; Jennifer Kusznir, Senior Planner; Julie Holcomb, City Clerk; Ari Lavine, City Attorney; Tim Logue, Engineering, and Mike Niechwiadowicz, Building Division Others Attending: Brian Eden, HeatSmart Tompkins Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review Public Comment will take place first, then the energy presentation 2) Special Order of Business a) Presentation — Energy Efficiency in Newly Constructed Commercial Buildings 3) Public Comment and Response from Committee Members Thomas Shelley, 118 East Court Street, stated he is in favor of backyard chickens and the reduction in Exterior Property Maintenance Ordinance (EPMO) fines. Bert Scholl, 912 North Cayuga Street, spoke in opposition of the proposed bike lanes on Cayuga Street. Robert Boothroyd, 807 North Cayuga Street, spoke in opposition of the proposed bike lanes on Cayuga Street. Brian Eden, 147 North Sunset Drive, spoke concerning the Energy Action Plan and the County's Energy Road Map. Sean Gannon, 114 South Plain Street, is running as an independent in the second ward and provide general remarks for his political pitch. Fay Gougakis, 171 East State Street, spoke in opposition of Harold Square and the development downtown. Sara Cummings, 1106 North Cayuga Street, stated her concerns on the loss of parking and increased speed on Cayuga Street as well as the lane shifts near Lincoln Street neighborhood. Larry Beck, 138 Linn Street, Chair of RHAC, spoke regarding the proposed exterior property maintenance ordinance fines. Sheryl Swink, 321 North Albany Street, spoke in favor of the proposed bike lanes on Cayuga Street. David West, 225 Cleveland Avenue, spoke in favor of the proposed bikes lanes on Cayuga Street. Committee Members Announcements/Responses Cornish stated that Harold Square has not applied for a building permit and will not likely start construction this winter. Alderperson Brock stated a moratorium is not legal for the sake of no development for developments sake, but she understands Gougakis' concerns. 4) Announcements, Updates, and Reports a) CIITAP Revision — Alderperson McCollister provided a brief update on the revisions that have been made to the CIITAP process. Affordable housing, living wage, and job creation are a few items that have been discussed. Local labor is defined as those living in Tompkins County as well as the six contiguous counties. Labor should not only be union labor but all labor. Only certified living wage employers will be considered for this program. b) Bike Lane — North Cayuga Street Tim Logue reported that a media release was sent out in early March announcing the proposed bike lane on North Cayuga Street. The purchase of speed bumps to slow traffic down is being looked at. Logue further stated they will look at the lane shift to see if it's dangerous. He suggested opening up spots on Falls Street and reserved spaces for people with disabilities is possible which is currently available. The question whether the City is required to notify residents of changes to streets was asked. The answer is the City is not required, however there was an issue with the elimination of parking for a bike lane on Ithaca Road. There needs to be more public outreach. Notification needs to be handled better. Other suggestions/thoughts were stated. Could bike lanes be seasonal? Were mitigations evaluated prior to the inclusion of the bike lane? Should speed counts be done to access parking demand? Common Council requests a communication plan from the Board of Public Works. 5) Discussion a) Comprehensive Plan: Phase II Megan Wilson updated the Committee as to the Planning Board's recommendations. The Board would like the Southside neighborhood plan and the housing strategy be the first items looked at before the Waterfront/Inlet Island and West Hill neighborhoods. Wilson further stated that there is a graduate class from Cornell who worked along with us on Phase I that will continue for Phase II. This group will help gathering data. Alderpersons Brock and Kerslick both stated that they feel the West Hill neighborhood should be made a priority. b) Changes to Exterior Property Maintenance Ordinance Larry Beck and Mike Niechwiadowicz both agreed that the new notification system is working. Any change to reset the policy is now a six month reset. 6) Action Items — Approval to Circulate a) Taxi Legislation — Alderperson Kerslick moved to circulate; seconded by Alderperson McCollister. Passed unanimously. b)Street Level Active Use — The Commons Alderperson Kerslick move to circulate; seconded by Alderperson McCollister. Passed unanimously. 7) Action Items — Voting to Send onto Council a) Backyard Chickens Alderperson McCollister is opposed, Alderperson Brock questioned how it will be enforced, and Alderperson Kerslick would like to explore it more — enforcement and public health issues. There has to be clear instruction and guidelines. Chair Murtagh and Alderperson Martell agreed to talk to Cornell Cooperative Extension and any formed chicken groups and bring this back to committee at a later date. 8) Review and Approval of Minutes a) September 2015 Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed Unanimously. 9) Adjournment Moved by Alderperson Kerslick; seconded by Alderperson Martell. All agreed to adjourn at 9:30 p.m. City of Ithaca Planning & Economic Development Committee Thursday, November 19, 2015 — 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ellen McCollister, Cynthia Brock, and Josephine Martell Committee Members Absent: None Other Elected Officials Attending: Alderperson George McGonigal Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Jennifer Kusznir, Senior Planner; Lisa Nicholas, Senior Planner; Nels Bohn, Director, Ithaca Urban Renewal Agency; Julie Holcomb, City Clerk Others Attending: Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review The October 2015 minutes will not be voted on tonight. 2) Public Comment and Response from Committee Members Stacey Black, 329 East Cortland, Groton, is the Business Development Coordinator for the International Brotherhood of Electrical Workers, and served on the CIITAP working group. Throughout the process the group struggled with the task of deciding what benefits that could be added without creating additional burdens on a developer. Alex Hyland, 220 Hayts Road, is a local builder who loves what he does and loves this area. He would like to see this program go through so that local labor isn't outsourced. Local labor spends money in the community; out-of-town labor does not. Mike Tolarski, 134 Cecil A. Malone Drive, spoke on the importance of local labor as it refers to the CIITAP program. He asked the question, "What do out of town contractors give back to the community?" He asked that the group think about that when making your decision with this program. Brian Noteboom, 97 Irish Hill Road, Newfield, is a local laborer. He doesn't agree that there isn't enough local labor to get these jobs done. He stated a number of projects that he and other local laborers have completed. John Bentkowski, 108 Treva Avenue, is a local real estate broker. He stated that banks will not provide financing for projects that claim to be receiving abatements. They must show they have the ability to pay the mortgage and taxes without the tax abatements. He does not believe this program is fair to all. Irene Weiser, 334 B'dale (???) Road, believes the current CITTAP program encourages too much development. The community is disagreeing. What is an economy? What is an economy for? She challenges the working group to approve not just more development, but better development. Elan Shapiro, 211 Rachel Carson Way. The quality of development needs to be reviewed. The guidelines that have changed some are not a decisive step. He submitted an article entitled, `Seven Steps to Development'. We have made many steps, but we have many more to go. Kathy Russell, 434 Snyder Hill Road, from the Worker's Center supports the vision that CISAID proposed. Chair Murtagh stated the question tonight is whether this program is still needed. It is the recommendation of the CITTAP working group that it should be continued. 3) Announcements, Updates, and Reports • Alderperson McCollister stated there is a new group being formed for design guidelines for Collegetown and for downtown. • The Downtown Ithaca Alliance MOU will be discussed at the December Planning and Economic Development Meeting • Exterior Property Maintenance Ordinance will be discussed in December. • Backyard Chickens will be brought back in December 4) Action Items (Voting to Send onto Council) a) Seneca Street Garage Murals — Resolution In Megan Wilson's absence, JoAnn Cornish informed the group that these two artists had dropped out of the Dryden Road mural project so there is money left over from that project that will be used to pay for these two artists. Movedlby AlderpersonlBrock;lsecondedlby AlderpersonlKerslick llPassedlunanimously 1 WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public rt in the City's public spaces, 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, including the Seneca Street Parking Garage, for future murals and street art by resolution on May 19, 2010, and WHEREAS, the City's Parking Division has requested that the PAC seek murals for top floor of the Seneca Street Parking Garage to enliven the garage while also deterring graffiti and reducing ongoing maintenance costs, and WHEREAS, the PAC issued a Call for Art for two walls on the top floor of the garage in September 2015 and received 14 submissions for the project, and WHEREAS, the PAC reviewed all of the submissions at its meetings on October 14, 2015 and October 28, 2015 and voted to recommend that the Common Council select"Ursa Major"by Margaret Reed and"Flock Together" by Justin Suarez to be installed on the facing walls of the ninth floor of the Seneca Street Parking Garage, and WHEREAS, the selected proposals have been distributed for public comment, and the responses to both proposed murals has been overwhelmingly positive, and WHEREAS, the project will be funded through the previously approved budget for the Dryden Road Parking Garage Mural Project and no additional funding is needed for the installation of the two murals; now, therefore, be it RESOLVED ithat the City of Ithaca Common Council selects "Ursa Major"by Margaret Reed and "Flock Together"by Justin Suarez to be installed on the ninth floor of the Seneca Street Parking Garage, and be it further RESOLVED,Ithat the selected artists may proceed with the installation of their murals at their assigned locations within the Seneca Street Parking Garage upon the execution of an agreement with the City (as reviewed by the City Attorney). b) Annual Common Council Concurrence for Lead Agency AnnualX:ommonMouncilMoncurrence2khatllheMitygafOthaca3)lanningCaindmevelopmentMoardbe3—ead[d Age ncyliinMEnvironmental0teviewffor5ite0PlanOteviewMProjectsfforllwhichOtheOCommonMCouncilQisManM InvolvedftencyMesolutionM 0 Lisa Nicholas, Senior Planner, stated that purpose of this resolution will help the projects that come to the Planning Board to which Common Council is an involved agency. The approval of this resolution will cover all projects coming in, and not have to be done for each project that may not move along in the time constraints. Moved[byMiderpersonIXerslick;Meconded[byMiderpersonnMcCollister.Married3Jnanimously.0 WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, 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, State Law also specifies that when an agency proposes to directly undertake, fund or approve a Type I Action or an Unlisted Action undergoing coordinated review with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review, and WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to have an agreement that the Planning Board will assume Lead Agency status for such projects, and WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with project information and environmental forms for their review, as well as all environmental determinations; now, and WHEREAS, on April 7, 2015 the Common Council did consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2015,therefore be it 0 RESOLVED,Ofhat Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2016; and, be it further N RESOLVED,ithat for any future project Common Council may withhold or withdraw its consent should it so desire. 5) Action Items — Approval to Circulate a) Taxi Legislation City Clerk Julie Holcomb stated the issue of regulating taxicabs, liveries, and transportation network companies such Uber is currently being discussed and considered by the Governor and the New York State Legislature. Once it is determined whether companies such as Uber will be regulated by the State or at the local level have been made, she will bring this legislation back to the committee for further review and modification if needed. Alderperson Brock asked whether we (the City) has the ability or authority with Ubers. Holcomb stated it's not clear whether this regulation can be handled at the municipality level Alderperson Brock moved to circulate; Alderperson Kerslick seconded it. Passed unanimously for circulation. ORDINANCE NO. 2015- 6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. The following sections of Chapter 232 of the City of Ithaca Municipal Code entitled "Licensing of Businesses and Occupations", Article VI entitled "Taxicabs" are hereby amended to read as follows: § 232-57. Taxicab Driver's license required; qualifications. No person shall operate or drive a taxicab without having in force and effect a taxicab driver's license in accordance with the provisions of this article. No person shall be issued a taxicab driver's license unless such person: A. Has a valid New York State chauffeur's license. B. Is over the age of 18 years. C. Is of sound mind and body, with good eyesight and not subject to any infirmity of mind or body which renders the applicant incapable or unfit to safely operate a taxicab. Each applicant shall produce a „hySiG aR'S medical certificate signed by a licensed physician, physician's assistant, or nurse practitioner dated not more than 30 days prior to the application certifying that the applicant is physically qualified to operate a motor vehicle. D. Is clean in dress and person and is not addicted to either intoxicating liquor or to the use of drugs. E. Meets the standards embodied in Article 23-A of the New York Correction Law if he or she has previously been convicted of one or more criminal offenses. offer F. Shall not have beeR GeRViGted of driViRg with ability impaired Or iRtOXiGated due te alnohol or drugs whole operating a taxinah G. Shall Ret have beeR GE)RViGted of leaving the GGeRe of an aGGident WhiGh resulted iR pperconal injury or death fom rvmve years firthe date of Ioct GenVTccronr. H. Shall Ret have beeR GORVOGted, as a first effeRse, for any vielatien of driving whole ability impaired GF iRtOXiGated due to alGehel or drugs fer five years fFE)m the date E) cvRvGvRT offense, for any vielatiOR Of driving whole ability impaired or intoxinated due to aloohol or drugs § 232-58. Application for taxicab driver's license; investigation and refusal. A. Contents. (1) Every applicant for a taxicab driver's license shall submit a signed and sworn application upon such forms as shall be required by the Chief of Police, showing compliance with the requirements hereinabove set forth and such other information as shall be deemed necessary and reasonable by the Chief of Police in the interest of safety, health and welfare. Such information that is required by the Chief of Police shall include but not be limited to a statement giving: (a) The full name and place of residence of the applicant. (b) The applicant's date of birth, height, color of eyes and hair and place of birth. (c) Whether or not the applicant is a citizen of the United States. (d) Places of employment for the previous five years. (e) Whether the applicant has ever been convicted of a felony or misdemeanor. (f) Whether the applicant's driver's license has ever been suspended or revoked and, if so, for what cause. (g) The chauffeur's license number issued by the state. (2) Submit a certification of physical examination to be signed by a licensed physician, physician's assistant, or nurse practitioner. (3) Such statement shall be signed and sworn to by the applicant and filed with the Chief of Police. B. False information; effect and action thereon. Any false statement by the applicant for a taxicab driver's license shall be cause for refusing the license or revoking the license after it is issued, and any such false statement shall be promptly reported by the Chief of Police to the District Attorney. C. Photographs of drivers. Each applicant for a taxicab driver's license must file with his/her application two unmounted, unretouched, good-likeness photographs of the applicant, full face size, two inches by two inches. The face portion shall not be less than 1 3/4 inches high, with the balance in normal prospective proportion. The photograph shall be taken within 30 days of the date of the application by means of a permanent, nonfading process. The applicant shall be hatless in the photograph. A copy of the photograph shall be filed with the application and another copy attached to the license to be issued hereunder. If the applicant does not have the means to produce such photograph, the Ithaca Police Department will make arrangements to have the photograph taken. D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Dnline Department and shall furnish a oat of fingerprints have fingerprints taken every three years. The criminal history report that is returned with the fingerprints shall be submitted to the Ithaca Police Department as part of aGGernpany the application_. which shall he kept en file as a permanent record E. Authorization for investigation. Accompanying each application, the applicant shall furnish to the Chief of Police, on a form provided by the Chief of Police, a signed authorization by the applicant permitting any person to divulge and report to the Chief of Police any matter which might otherwise be confidential, without limitation except as required by law. F. Investigation. After receipt of an application, the Chief of Police shall institute an investigation of the applicant, including the applicant's driving record, and no license shall be issued under the provisions of this article until the Chief of Police has indicated, in writing, approval thereof after such investigation has been completed. G. Refusal of license. If the results of the investigation are unsatisfactory, in the opinion of the Chief of Police, the applicant shall be refused a license, subject to the provisions hereof for hearings. § 232-64. Taxicab licensing procedures. A. Taxicab license application. Application for taxicab licenses shall be made by the owner of each business on forms to be furnished by the Chief of Police. The completed application shall contain: (1) Owner information: the name, date of birth, address, telephone number and record of all convictions of crime, if any, of: (a) Owners. (b) Managers having immediate charge of taxicabs. (c) Beneficial holders of 25% or more of stock of corporate applicants. (2) Prior license history of owner: whether the owner has been previously licensed to operate a taxicab in the City or elsewhere and, if so, the particulars thereto. (3) Vehicle information required for each operating taxicab: the make of the motor vehicle, the year, the engine and body serial number, the state registration number, the length of time and mileage that the vehicle has been driven and the seating capacity according to its trade rating. (4) Vehicle inspection: Proof of New York State inspection made within 30 days of the license application shall be submitted by the applicant for each vehicle in operation. In addition, the Chief of Police, or his/her designee, shall inspect said vehicles to ensure that the interior and exterior of the each vehicle is maintained in a clean and sanitary condition, and that the signage requirements of this article are complied with, and reinspection of said each vehicle may be made from time to time by the Chief of Police or his/her designee. Each vehicle shall be submitted to a New York State inspection annually at teas ORGe every sox mnnthc (5) $25,000 property damage. (5) Vehicle liability insurance: Proof of insurance in accordance with the minimum amounts as specified by the City, which such minimum levels shall be updated from time to time, and shall be available for review on the City's website and/or in person at the Ithaca Police Department. B. Vehicle type authorized. All taxicabs shall be of vehicle types approved by the New York State Department of Motor Vehicles for use as a taxicab. C. Investigation. After receipt of an application, the Chief of Police shall institute an investigation of the applicant, including the applicant's driving record, and no license shall be issued under the provisions of this article until the Chief of Police has indicated, in writing, approval thereof after such investigation has been completed. D. Issuance of license. (1) Upon completion of the investigation aforesaid, the Chief of Police is authorized to issue a taxicab license upon determining: (a) That there are no false statements or concealed facts in the application. (b) That all application requirements have been satisfied. (c) That each and every applicant, as specified in subsection A(1) of this section, meets the standards embodied in Article 23-A of the New York Correction Law if he or she has Previously been convicted of one or more criminal offenses. That there are no other grounds for refusal. In this regard, the license may be refused for any reason which, in the opinion of the Chief of Police, may be detrimental to the best interest of the general public both in welfare and safety, provided that, in the making of such determination, the Chief of Police shall set forth specific reasons for such disapproval. Such findings shall be subject to hearings as provided by this article. (2) Such license shall be for a period of 12 months from the date of issuance, unless sooner revoked. E. Renewal of taxicab license. The same procedures shall be followed as for original applications. Every person to whom an owner's license is issued shall have the right to renew said license within 30 days of the expiration date, provided that the other requirements of this article are complied with. § 232— 8 Suspension or revocation of taxicab v icl for Hire business lin nsec �V-TL .�JT7 GTV�i G�LIVTI-Vrf PGTIVe� T�iSST�ieT.T�i S. of the Chief of PeliGe of the a vehiGle is used fOr GFirninal buSiRess or purposes er Of the linensed er is nonVioted of a yielatinn of this aFtinle be surrendered te the Chief of POliGe. if a taxiGab InGense is suspended, the sarne shall a be ' . [Deleted and reserved for future use.] § 232-70. Taxicab rates. A TamEab zones and rates. The City of Ithaca is hereby divided into zones as shown n TaxiGab Zones and Rate Schedules, City o whiGh sand rnap and e appended herewith, be a part ef this aFtiGle.fIJ SGhedule A theFeiR depiGts the base zone are hereby deGlared to for one pas?enger, for a betweenAc trip m been the designatedzones. SGhTed i� Ise B depiGSthe fuel Gost reGevery surcharge which may be added to the appliGable base zeRe Ghergee as set forth ins•'�'Ci��^bseGtien B heley.f. _ A. The rate for taxicab fares that originate and terminate within the City of Ithaca between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50. The rate for taxicab fares that originate and terminate within the City of Ithaca between the nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8.00. B. Except as otherwise provided in Subsection G D below, the prices that may be charged by the owners or drivers of taxicabs for the transportation of a passenger within the City shall not exceed the cumulative, applicable amounts. shown on 6 as set ferrth im—R Sa-bseEtOOn G below. Atl acts eRGe-every th neyears, r uriRg-t4e. April, the am Fs shA—INA OR sand R;ap and SGhedules shall be reviewed by Cmoron Gee inGil tdetermiRe f ate Schedule in force at the time remains Taxicab rates shall be reviewed annually by Common Council at the request of the owners of licensed taxicab companies. The following notice shall be conspicuously posted in full view of passengers: "Rate maps and schedules for fares that originate in the City of Ithaca, together with the full text of the 'confirmatio n are available upon request from the driver of this taxicab, according to City ordinance." C Rates for trips outside of the City of Ithaca. The taxicab rate for standard fares that originate within the City but terminate outside of the City shall be as follows: East Hill Plaza $11.00 Cayuga Medical Center $11.00 Malls/Triphammer Area $12.00 Convenient Care $15.00 Ithaca College $11.00 Tompkins County Airport $17.50 TC3 $31.00 Trumansburg $30.00 Fuel nett reGovery si ircharge e e a fuel GOSt reGovery SUFGharge may be added to the base on the folloWing findings: (a) The estimated average length of a taxicab trip is 6.8 miles; (b) The estimated average gas mileage of a taXiGab is 15 miles per gallon of fuel; (c) Thus, p uses the average taxicab trip its gallons of fuel;ig e 0 on the GGSt of an average trip, rates,of eaGh ten Gent per gallen 0 nGrease in the cost ef gasolffiRe, SiRGe the last adjustment ef the base zene is deemed to he an additional $0 05 (2) Based on the e aforementionedXGa Zenes and Rates SGh s. 0 be determined as of October the arnOYRt of the appliGable fuel SUrGharge shall 2006, and shall be determined and adjusted as ef janua-ry 1 April 1 lily 1 and OGteber 1 of each year thereafter o f shall be based UPOR the aveFage, regular GGRVeRtienal retail gasel,, — F gallGR !R Ne�n�State, asf reported by the I�DecpartmeRt of EreryE former ieR AdMiRiStMatieR (or its suGGesser ageRGY), for the date whiGh is 10 days before eaGh of the effentoye dates cot forth immediately above (_55) The ameunt of the surcharge shall he oenfirmed, writing,in by the effioe of the GeRtF011er of the Gity ef IthaGa, at least five days before eaGh of the effeGtive dates set above, whiGh GGRfirmatien shal! be made available by that time at City Hall a-Rd OR the City of Ithana's internet wehsite (a) The surcharge sought is amo,,nr[rhre�reef eGt; CeRtFOiler E)f the SLJrGhaige GurreR lcly OR eTfeotc�ra /o\ The OWRer or drover non display a oorni of said nonfirmation to the passenger , prior to nollention of the fare h G D. Rate rules. (1) ZGRe line rates. When the destination of the taxiGab is the dividiRg line betweeR tWo, ZGRes the fore ferthelesser ZGRe will he oharged Children. One child five years of age or under shall ride free if accompanied by an adult passenger. No driver shall be required to convey any child under the age of five years unaccompanied by an adult. Seniors. Passengers 65 years of age or older shall be granted a $1.50 discount_. of $1 15 in regulated fares Additional passengers. A taxicab driver may charge $01.50 fare for each additional passenger of the same party and same destination. Late Right surcharges. A taxiGab driver may Gharge aR additional $0.50 per passenger fer eanh trip nnmmenning er terminating between 5 :00 p.m. and 5:0 a.m. Baggage. No nharge will he made fer twe suitcases no larger than two feet by twe passenger shall be allowed to Garry up to five papers or 10 plaStiG grocery bags-at feet by sox inGhes on size, and one travel bag fer eaGh passenger. A Gharge of$1 fe $3.00 surcharge will be charged for oversized luggage and trunks that weigh 50 pounds or more. Skis. A Gharge ef $2.50 per pair of skis is awtherized, provided that tax*Gab is- equipped with suitable raGks Tip solicitation. No driver shall solicit tips, gratuities or any additional charges other than those authorized by this article. However, non-solicited voluntary tipping is permitted. Out-of-own flat rates. If the taxicab is engaged for an out-of-town trip originating or terminating in the City of Ithaca, the taxicab driver shall agree with the passenger prior to the commencement of the trip for the rate to be charged, which shall include all tolls required to be paid. Prepayment. A taxicab driver shall have the right to demand payment of the legal fare in advance and may refuse employment unless so prepaid. Group rides. Ne taxiGab drover shall Garry aRy person ether thaR the passeRger first eMPIE)\rinn the taxiGab WithE)Ut nencent Gf S inh passenger V Exclusive rides. A passenger may request an exclusive ride through dispatch when arranging for transportation. If a passenger is not willing to share a ride with others, a $3.00 surcharge will be applied to the regular fare. Waiting time. After a person has hired a taxicab, there shall be no charge for up to five minutes during which the taxicab waits for the passenger at the passenger's request. There shall be a charge of$2.50 for each additional five minutes or any portion thereof. The taxicab driver shall inform the passenger of the charge for waiting time at the time of request. Disputed fares. In the event that there is a dispute between the taxicab driver and a passenger with respect to a fare, the taxicab driver shall submit the dispute to the desk officer in charge at police headquarters. If the passenger then makes payment according to the amount determined by said police officer, the passenger shall be given a receipt by the taxicab driver of the amount paid, which shall be witnessed by the police officer. If the passenger pays under protest, such fact shall be recorded by the desk officer, who shall make a memorandum of the dispute and the disposition made. The disposition of the dispute shall not be binding in a court. Taxicab owners shall furnish each driver with a copy of the rate rules, supplied by the City Clerk, and shall instruct their drivers to apply the rules fairly and consistently, advising them that charges must not be exceeded under any circumstances. Fuel Surcharge. In the event of an energy/gasoline crisis or when gasoline prices exceed $4.00 per gallon for a period of 30 days or longer, a fuel surcharge may be implemented by Common Council. This surcharge will be added to the base fare. § 232-72. Suspension, revocation or refusal to renew licenses; hearings. A. Reasons. The Chief of Police may suspend, cancel or revoke a taxicab drivers or taxicab license and may refuse to approve an application or a renewal thereof for any of the following reasons: (1) Violations: the applicant or licensee has not satisfied or has violated any of the provisions of this article. (2) Prior revocation or suspension: the applicant, any officer, director, stockholder or partner or any other person directly or indirectly interested in the application for a taxicab license was the former holder or was an officer, director, partner or stockholder in a corporation or a partnership which was the former holder of a taxicab license which had been revoked or suspended. (3) Unfit applicant or licensee: the Chief of Police finds the applicant or licensee not fit to be a licensee in the best interest of the public welfare and safety. (4) If the vehicle is used for criminal business or purposes, the licensee is convicted of a violation of this article, or the licensee is convicted of a criminal offense such that he or she fails to meet the standards as embodied in Article 23-A of the New York Correction Law. (5) In the event that any licensee has such license suspended on three occasions, the license shall be revoked automatically. B. Surrender of license. Whenever a license is revoked, it shall be surrendered to the Chief of Police. If a license is suspended, it shall be surrendered to the Chief of Police and retained by him/her until the suspension period expires. C. Hearing. Any taxicab driver or taxicab owner whose license has been suspended or revoked or who has had a renewal refused or any individual to whom an initial license has been refused shall be granted a hearing before the Community Police Board within 30 days after written request therefor has been made to the Chief of Police. At the hearing, such person shall have an opportunity to rebut by evidence or testimony such suspension, revocation or refusal. The Community Police Board is authorized to affirm, reverse or modify in any respect the action of the Chief of Police. Section 2. 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 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. b) Changes to Community Investment Incentive Tax Abatement Program The purpose of the CIITAP working group was first to decide whether this abatement program is still needed. The Committee met several months and found that they were coming back to the same conclusion — the lack of data. Alderperson McCollister stated that the majority of the existing development does not occur in the CIITAP area. Chair Murtagh asked the Committee if they had any comments or concerns. Alderperson Kerslick first thanked the working group for what the work they have done. He stated he doesn't have a handle on what the City has done or provided with the abatements that have been granted. He would like to know why affordable housing isn't a development that can take advantage of this program. Alderperson McCollister stated that if we want more affordable housing, inclusionary and/or incentive zoning may be the way to go. Nels Bohn stated that people look at this program in different ways. Some want affordable housing, others want sustainability, etc. Jennifer Kusznir explained the purpose of this program (please refer to Page 17 of these minutes). It started as a density program to bring more development downtown. Some of the projects done through this program include hotels in the downtown core. People staying at the hotels are shopping and dining in the City which brings money into the City. Alderperson Brock stated that in 2008 there was a funding collapse which slowed development. Tax credits or abatements create certain benefits to the developers. She looks at this as the use of a blunt tool. She doesn't see it benefiting the City. Is tax abatement the answer or is incentive type zoning? She doesn't agree that this is the tool to reach what we all really want. Chair Murtagh asked the group why it is so expensive to develop in the downtown. Hermann Severding, a member of the working group, stated the current hotels being built require a lot more development costs — masonry, cranes, etc. costs. Chair Murtagh further stated he is comfortable circulating this for comments. Nels Bohn stated before circulating, he recommends asking the question to those receiving the circulation what their priority is. Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Passed unanimously for circulation. x'r�r 9 City of Ithaca Community Investment Incentive Tax Abatement Program (C I I T A P) —R evised 11/17/1 S 1 TheTity2)flthacaL 5[kommitted[tolreatingRiNvorkrtnvironmentbnd[tommunityPthaffaluesC3bndaupportsPUiversityCbndgnnclusion0 anU2o2levelopingChaws,C3boliciesbndC)roceduresCfhathreCmindfulbndgnclusiveC3bjR)url2liverselkommunity.. The Community Investment Incentive Tax Abatement Program (CIITAP) is a property tax abatement program that allows property owners to apply for abatement for a portion of their property taxes for a period of up to 7 years,by meeting a basic set of criteria or for a period of up to 12 years by providing additional specified community benefits, as further defined herein under "Basic Eligibility Requirements(f year abatement)and"Enhanced Eligibility Requirements(12 year abatement) 1 I. Objectivel In conjunction with the goals of the Tompkins County Comprehensive Plan, the objective of CIITAP is to encourage development in the City that would increase jobs, increase the tax base, promote density in the city core, encourage rehabilitation and redevelopment of underutilized sites, and help create a vibrant downtown center. Additionally, the CIITAP encourages development which can result in additional benefits to the community, such as producing local labor and living wage employment opportunities, or assisting the community with reaching sustainability goals or goals in diversifying employment and ownership of companies investing in the City of Ithaca. Specifically the goals, as stated in the Tompkins County Comprehensive Plan, are as follows: m Strengthen and enhance the City of Ithaca's downtown area as the urban center of the I county. i l Increase the amount and density of housing and business space in the central business I districts throughout the county. i Promote greater density by encouraging development of existing `gaps' left by abandoned buildings and vacant parcels. IL Density Boundaryl This program is intended to apply to projects located within the t of Ithaca Density District. The District is outlined on the map below. I CITY OF ITHACA DENSITY DISTRICT �� Till 4rr-'t 1l Ir_ r T ! nl r I 1 �a 8nlldim s 1 —Jl� Boundaries Gityaflihace Density Jlstrld a s+ iY fir_ L, feet -'I NY State Plane,Central GRS 80 Datum Map Source:Tompkins County Digital Planimetric Map 1991-2965 Map Prepared by GIS Planning,City of tthaca,NY,16 January 2012. III.BasiclEligibilitylCriterial(7lyear Abatement)1 Project sponsors applying for tax abatement(s) under the City of Ithaca Community Investment Incentive Program must meet the following size, density, location, municipal compliance, sustainability, local labor, and diversity and inclusion requirements: 1.) Proied Size'Reg uirementl— In order to meet the minimum project size requirement to be eligible for tax abatements under CIITAP, a project must provide a letter from the Tompkins County Assessment Office that states that the project will result in an estimated increase in the assessed value of the property by at least $500,000. 1111111 2.) ProiechensitYReguiremed—'In order to meet the minimum density requirement to be eligible for tax abatement under CIITAP, a project must either: • Contain a minimum of 3 occupiable stories in height. lllllllllllillllllllllllllllllllllllllll orl • Must be a major restoration of an existing structure. 3.) Proiectl Location'Rea uiremed IIn order to meet the location requirement to be eligible for tax abatement under CIITAP, a project must either: • Be located in the City of Ithaca Density District 1111111111111111111111111111111111111111 or • Be a redevelopment of a Brownfield site that is registered as a DEC inactive hazardous waste site (www.dec.ny.gov/cfmx/extapps/derextemal/index.cfm?page id=3) 4.) Municipal'Compliance—Each property in the City of Ithaca owned by the Applicant must be in full compliance with all applicable local laws and regulations, consent agreements, and orders of the Director of Code Enforcement, and current on all taxes, assessments, fees and penalties due to the City. Properties owned by the Applicant in the City of Ithaca shall include any property for which an Applicant, or their partners has an ownership interest of 20% or more. Partners shall include any partners owning 20% or more of the project LLC, Corporation, or project equity. 5.) Sustainability and' Energy Requirement-11 — In order to meet the sustainability and energy requirement to be eligible for tax abatement under CIITAP, a project must either: • Conduct an annual benchmarking of energy usage during the term of the abatement by using the free online software, EPA Energy Star Portfolio Manager. This tracking would show whether the building is using energy at the level designed. ■ Benchmarking report would be provided to the City and the IDA ■ The information would also be made available to the public OR • Provide documentation that certifies that their construction will qualify for Base LEED certification. The project will also need to provide documentation at the end of construction that has been stamped by a certified architect stating that tle building was constructed to the standards listed in the LEED certification checklist. 6.) Diversit�and IInclusion lln order to meet the minimum diversity requirements an applicant must submit to the City the following: • The "Company's or the major tenant's existing workforce demographics by gender, race/ethnicity, age, disability, job class and gender, and job class and race/Hispanic ethnicity; and • Acknowledgement they have read and understand the City's Anti-Discrimination employment ordinance; and • A statement of their company's or the major tenant's goals for workforce diversity as defined in the Company's Diversification Plan 1 7.) Local)Construction Labor 1 Applicants are encouraged to hire locally wherever possible. For the purposes of this application, local is defined as anyone residing in Tompkins County, or any of the 6 contiguous counties of Cayuga, Seneca, Schuyler, Chemung, Tioga, and Cortland Counties. In order to be eligible for a tax abatement an applicant must commit to the City in writing that they will meet the minimum local labor requirements described below, and will submit to the IDA the following information: • The Developer must have the General Contractor solicit bids from local sub- contractors and provide evidence that this has been done by providing a bid list and documentation that an `invitation to bid' has been sent to all subcontractors on the list • Monthly payroll reporting of all workers on site during construction with a summary of how many employees are "local." The reporting should be in the form of a "Certified Payroll" Please note that this is not a prevailing wage rate job but simply using the reporting format for one as a means of collecting this data. 1 Preliminary eligibility is determined by the City of Ithaca CIITAP Committee, which consists of the Mayor, the Director of Planning and Development and the Director of Community Development for the Ithaca Urban Renewal Agency. Preliminary eligibility will be based on the applicant's commitment to the above-stated criteria. Once preliminary eligibility has been determined, the Mayor will provide a letter of endorsement to the Tompkins County Industrial Development Agency (IDA). The final eligibility will be determined by the IDA.(See Section IV for the complete application process.) IV.Enhanced IEligibility Criteria 1(121yearlabatement)1 Project sponsors applying for tax abatement(s) under the CITAP, may elect to apply for enhanced 12 year abatement by meeting the minimum requirements in section III of this application, by proving the project has financial need and by providing the local community with one or more pre-established benefits listed below: Option 11ILocahaborl ■ The City of Ithaca acknowledges the importance of incorporating local labor in projects wherever possible and practical. An applicant may apply for an enhanced abatement, if they can show that 40% of their construction labor force are from Tompkins County or one of the adjacent 6 counties(Chemung, Tioga, Seneca, Cortland, Schuyler, or Cayuga Counties) "The CIITAP policy will adopt the findings of the IDA regarding requirements for local labor. If the IDA establishes a minimum local labor standard for all projects, an applicant will not be eligible for an enhanced abatement by providing the minimum requirements and the minimum requirements for an enhanced abatement may be adjusted. � A,011111h 1f hhhh ff Option 12 1Energy StandardsIandlSustainabilityl ■ The City of Ithaca acknowledges the importance of encouraging sustainable development with high energy standards. An applicant may apply for an enhanced abatement, if the proposed development will be constructed to use at least 20% less than the current New York State Energy Code Requirements. o The applicant will be required to use the free online Department of Energy Building Energy Asset Score tool and submit the score to the City with their application. The U.S. Department of Energy's Building Energy Asset Score (Asset Score) is a national standardized tool for assessing the physical and structural energy efficiency of commercial and multifamily residential buildings. The Asset Score generates a simple energy efficiency rating that enables comparison among buildings, and identifies opportunities to invest in energy efficiency upgrades. It is available for voluntary use and is 100% free to use. http://energy.gov/eere buildings/ building energy-asset-score. The building will need to receive a score of X out of 10. In addition, the score must be certified by a third party a licensed engineer or architect. Option 3:l Living I Wages I ■ The City of Ithaca acknowledges the importance of encouraging employers to fairly compensate employees with a livable wage. An applicant that is proposing the development of a hotel or some other single use building may apply for an enhanced abatement by agreeing that for the entire term of the abatement, 100% of their labor force or (?) at least 25 employees, will be paid at least a living wage salary, as defined by the most recently published Alternatives Federal Credit Union Living Wage Study. V. Incentivel Package I Property Tax Abatement — The Basic CIITAP property tax abatement will begin at 90% in year one and decrease in equal increments over seven (7) years. Howevef, this minimum term may be adjusted in order to match with the IDA minimum abatement period. Applicants may request a ten year property tax abatement that begins at 100% in year one and decreases in equal increments over ten (10) years, if the applicant can demonstrate financial need, as determined by a review by IDA administrative staff of the project pro forma. In addition, an applicant can apply for an enhanced 12 year abatement, that begins at 100% in year one and decreases in equal increments over twelve (12) years, by showing that the project has financial need, meets all of the minimum requirements listed in section III of this application, and also fulfils at least one of the enhanced benefits listed in section IV of this application. The abatement will only impact taxes on improvements to the property and not taxes on the 1 existing value. Term' The basic abatement schedule has been established at 7 years. However, the minimum term may be adjusted in order to align with the minimum abatement period that is established by the Tompkins County Industrial Development Agency (IDA). The maximum term will be determined by the value of the benefits offered to the Community,however, the term shall not exceed 12 years. The IDA retains the ability to offer more than the standard abatement package, based on an analysis of the impact on the economy, the needs of the business, and input from the City of Ithaca. The IDA may negotiate additional abatements based on financial need. • Sales Tax Abatement — The applicant will be exempt from both the local and State portion of sales tax on construction materials, equipment, and furnishings associated with the project. • Mortgage Recording Tax — The applicant will be exempt from the State portion of the Mortgage Recording Tax ($2.50 per $1,000). VI IApplicationl Process' Tompkins County Area Development, Inc. (TCAD) provides administrative and marketing services to the IDA. Potential applicants should contact the City Planning Division to schedule a meeting with Planning staff and TCAD staff, to determine project eligibility. If the project appears eligible, TCAD will assist with completing the application for assistance. It is strongly advised that potential applicants schedule the initial eligibility determination meeting as early in the process as possible, in order to determine if the dollar value of the proposed incentives exceeds the associated fees. Based on the nature of the project and the incentives requested, the following will occur: ■ Eligibility Determination Meeting — A developer seeking a tax abatement under this program must first have a joint meeting with staff from TCAD and the City Planning Division. ■ CIITAP Application — A developer must submit a completed CIITAP application to the City of Ithaca Planning Division. The application will be reviewed for completeness and will be submitted to the Mayor for consideration. ■ Public Information Session — The City will schedule a Public Information Session, at which the developer will be responsible for presenting information about the project and answering questions from the public. The City will advertise the public information session with a press release to the local media. The developer is responsible for posting the property at least 5 days prior to the Public Information Session, with the date, time, and location of the meeting. ■ City Approval — A City CIITAP Review Committee, consisting of the Mayor, the Director of Planning and Economic Development, and the Director of Community Development for the IURA, will consider project approval, based on the stated criteria of density, size, location, and municipal compliance. If the criteria are satisfied, the CIITAP Review Committee will forward the completed application, along with a letter of approval to the IDA. ■ IDA Application — A developer will submit a standard IDA application to the IDA for consideration, in addition to the CIITAP application and Mayor's approval letter. The IDA will make an independent determination of the project. ■ Public Hearing — Following an initial review, the IDA will, if favorably disposed toward a project, schedule a public hearing on the proposed incentive package. Standard IDA policies apply with regards to public hearing notification and other requirements. ■ IDA Determination — Following a public hearing, the IDA will make a conditioned determination on the project. No final decision may be reached by the IDA until SEQR requirements have been met by the developer. ■ Notification and Reporting — The IDA will notify the City of Ithaca and appropriate taxing jurisdictions once a project is approved. The IDA may diminish or rescind incentives should the project materially change. IDA agreements generally have claw back requirements. ■ Applications under this policy may not be accepted after December 31, 2017, unless the IDA and City of Ithaca vote to extend the policy beyond that date. Refer to the Tompkins County Industrial Development Agency's Mission, Policies, and Procedures for additional information. 1 VII lApplication'Fees' The applicant is responsible for payment of the following fees associated with the CIITAP process: 1. City Administrative Fees —The applicant will be responsible for paying the City a flat fee of $750 (seven hundred and fifty dollars) in order to cover the cost of processing the CIITAP application and the public meeting notifications. This fee is due to the City at the time that the application is submitted. 2. IDA Administrative Fees — The applicant is responsible for paying the IDA Administrative Fee at the time of closing. This fee will be equal to 1% of the total value of expenses that are positively impacted by IDA incentives. This includes the value of construction of improvements to property that is impacted by property and sales tax abatement, and the value of furniture, fixtures, and equipment that are impacted by sales tax abatement. It will not include any purchases, such as manufacturing equipment, where the IDA does not deliver an incentive. Soft costs (e.g., legal, consulting, financial, architectural, and engineering fees) will be included in the amount considered as total value of expenses. In an attempt to make its incentive program cost-effective for smaller projects, the IDA will reimburse the applicant 100% of the Administrative Fee, IDA Counsel Fee, and IDA Bond Counsel Fee associated with the IDA involvement in the project, if the total project cost is less than $1 million. For a total project cost greater than $1 million, but less than $2 million, the reimbursement of fees will be reimbursed on a sliding scale that declines from 100% to 0% gradually, based on project size. There will be no reimbursement of fees for projects with costs over $2 million. The reimbursement will take the form of additional property tax abatement credited to the business in the initial years of the Payment-in-Lieu-of-Taxes (PILOT) agreement. The IDA retains the right to determine the credit the applicant will receive. For projects where there is no property tax abatement, there will not be any form of fee reimbursement. 3. IDA Counsel Fees — The applicant is also responsible for paying the IDA for all legal costs it incurs, including IDA Counsel and Bond Counsel fees. 4. Applicant Attorney Fees — The applicant is responsible for its own attorney fees associated with closing IDA incentives. VIII!TaxlAbatemedApplicationl CIITA Application fo Ta Abatemen The City of Ithaca Community Investment Incentive Program provides incentives for investment in the City. The incentives include property tax reductions and/or abatements for a period of up to 7 years. Applicants and projects must meet the minimum eligibility requirements (see application, Part II) in order to apply for the program. 1 1 Party 1 lApplicantlInformationI l ApplicationlDatel Company/ApplicadName 1 1 Primary I Contact:1 1 .a888888u.. Address: City: State: Zip: 1 Phone:I Email: l 1 ApplicadAttorneyl l Attorney Address: City: State: Zip: l 1 Attorney Phone:I Email: l Applicant IAccountant 1 1 Accountant!Address:' City: State: Zip: l Accountant IPhonel Email: l I Applicant IEngineer/Architect 1 1 Address: City: State: Zip: l Phone:I Email: l I 1 1 1 tel 1 1 1 1 1 that 1 1 1 1 Will a searate comllpan hold' title to/o In plroperl i 1 question tha is selparate from tl e operating company? Itlyes, please provide the name and contacYinformation forithatlentity. CompanylName 1 1 PrimarylContactl 1 Address 1 City: State: Zip: 1 Phond Email: 1 Describe the termsiandlconditionslof the lease betweenithe applicantlandlthe ornerlollthel property:l 1 1 Partl21 1BusinesslHistoryl YearlCompanylwaslFounded 1 TypeloflOwnershipl(e.g., corporation, LLC, sole proprietor, etc.): ProductloeServicel 1 1 MajoriCustomersl 1 1 MajoriSuppliersl 1 1 I MajohocallCompetitorsl 1 1 1 Parb!IProaechescription' ProjecJNarrativel 1 1 1 1 1 1 Project'Locationl 1 PropertylSizel(acres)1 ibothlexistingI&lproposed I 1 Building I Size I(square I feet)1 I both I existing I&l proposed:I 1 Proposed'Projed Start!&iCompletion'Datesl 1 Do sonce1ifylthatithis'pro* ctiwill1 tires}�ltIinitlarelofatilootlalllorl artlolan businessIollllllljob from another' county within Nevi` York State to Tompkins County? Yes No 1 1 111 ll 1 1 1 1 1 1 LI the' atur o business'o proposed tenant, and percentage'o totjal square fogtage to be used fo each tenantl (additional sheets may' be attached, if necessary): 1 1 1 1 1 1 1 1 I Partl41 1ProiectlCostsl Valuelohandito BelAcquired'(iilany): I Value'd Buildings ItoIBe'Acquiredl(i&ny): I Costlof NewlConstruction 1 %I subject lto local l sales ltax I Valuelof Improvements:' %Isubjectlto Iocallsalesltax I Value ohquipmentlto Be Acquired 1 %Isubjectlto localIsaldtax I Other 1 %Isubjectlto Iocallsalesltax I Total 1 1 1 Part151 ICriteria111111111111111111111 Will Ithe propoledlprojec�resultiinlanlincreaselto the'taxirollIvalue ollnew'realIproperty'by'atl leastl$500,000? Does I this Iprojecticontainlatlleastlthreeloccupiable'stories?I I Proposed'HeighJ(inlstories'and'feet): I Dodthe projectIinclude alrehabldanlexisting structure?' I Is the projectllocated'in the Cityloillthaca Density District?I I Does!the projecticontain!the'redevelopmentlollal Brownfield'site?l I Dots I the Iprojectllap licalnt,lorl 1 ylollthe'partnersIowninglItlleastl20%1dthe'pro4ectlequlity 1 71 the r ectlLi�C, o tht project coxpolration� currentlyloyn ayy' ropertiei Intel within he Cit�o Ithacla tha Ire d�e�linquen l n taxes, asselssmets, fees penalties de to the Cit1 tha have one o more violations o local laps o regulations? I I I ix.I Certification 1 deposes that he/she is the (Name of chief executive officer of company submitting application) (Title) of ,the corporation named in the attached application; that he/she has (Company name) read the foregoing application and knows the contents thereof; that the same is true to his/her knowledge. Deponent further says that the reason this verification is made by the deponent and not by 'is because the said company is a corporation. (Company name) The grounds of deponent's belief relative to all matters in the said application, which are not stated upon his own personal knowledge, are investigations which deponent has caused to be made concerning the subject matter of this application, as well as information acquired by deponent in the course of his duties as an officer of and from the books and papers of said corporation. As an officer of said corporation (hereinafter referred to as the "Applicant"), deponent acknowledges and agrees that applicant shall be and is responsible for all costs incurred by the non- profit Tompkins County Industrial Development Agency (hereinafter referred to as the "Agency") acting on behalf of the attached application, whether or not the application, the project it describes, the attendant negotiations, and ultimately the necessary issue of bonds or transfer of title are ever carried to successful conclusion. If, for any reason whatsoever, the Applicant fails to conclude or consummate necessary negotiations or fails to act within a reasonable or specified period of time to take reasonable, proper, or requested action, or withdraws, abandons, cancels, or neglects the application, or if the Agency or Applicant are unable to find buyers willing to purchase the total bond issue required or financing for the project, then, upon presentation of invoice, the Applicant shall pay to the Agency, its agents, or assigns all actual costs involved in conduct of the application, up to that date and time, including but not limited to fees of bond counsel for the Agency and fees of general counsel for the Agency. Upon successful conclusion and sale of the required bond issue or transfer of title, the Applicant shall pay to the Agency an administrative fee set by the Agency, not to exceed an amount equal to 1% of the total project cost. The cost incurred by the Agency and paid by the Applicant, including bond counsel, the Agency's general counsel's fees and the Agency's administrative fees, may be considered as a cost of the project and included as part of the resultant bond issue. (Signature of chief officer of company submitting application) NOTARY Sworn to before me this Day of , 20 # X. Completion Status (to be completed b staff) ELIGIBILITY1CRITERIA 1 Size 1 1 1 Density 1 1 Location 1 1 AdditionallDocumentationl Sub mitted:l 1 Staff Revievhate 1 1 Mayor'hndorsemenhate 1 1 6) Review and Approval of Minutes a) October 2015 — Minutes were not ready to be voted on at the meeting. 7) Adjournment Moved by Alderperson Kerslick; seconded by Alderperson McCollister. All agreed to adjourn at 8:40 p.m.