HomeMy WebLinkAbout02-17-10 Planning & EDC Meeting AgendaMEETING NOTICE
City of Ithaca
Planning & Economic Development Committee
Wednesday, February 17, 2010 — 7:00 p.m
Common Council Chambers, City Hall, 108 East Green Street
A. Agenda Review
B. Special Order of Business
1. Public Comment on Outdoor Smoking Regulations
2. (Possible Action Item moved up from Section E)
Outdoor Smoking Regulations
(memo and draft ordinance enclosed; other materials may follow under separate
cover)
D. Announcements, Updates and Reports
1. Department of Public Works Quarterly Report
2. Economic Development Report
3. Comprehensive Plan Report
4. Collegetown Report
E. Action Items
F. Discussion Items
1. Commons Redesign — Response to Council Concerns from Consultant
** The agenda order will be adjusted so this item will be considered as close to
8:00 pm as possible. **
2. R -3 Zone Issues (memo will be follow under separate cover or will be distributed at
the meeting)
G. Approval of Minutes — May 21, 2008
H. Adjournment
Questions about the agenda should be directed to Jennifer Dotson, Chairperson,
(idotson &cityof ithaca.org or 351 -5458) or to the appropriate staff person at the Department of
Planning & Development (274- 6550). Back -up material is available in the office of the Department of
Planning & Development. Please note that the order of agenda items is tentative and subject to
change.
If you have a disability and require accommodations in order to fully participate, please contact the
City Clerk at 274 -6570 by 12:00 noon on Tuesday, February 16, 2010.
B2
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850 -6590
OFFICE OF THE CITY ATTORNEY
Daniel L. Hoffman, City Attorney Telephone: 607/274 -6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274 -6507
Khandikile M. Sokoni, Assistant City Attorney
Donna Este - Green, Assistant City Attorney
Jody Andrew, Executive Assistant
MEMO TO: Jennifer Dotson, Chairperson
Planning & Economic Development Committee
FROM: Daniel L. Hoffman, City Attorney
DATE: February 4, 2010
RE: Draft of Proposed Ordinance for Regulation of Outdoor Smoking
As you know, the former Legislative Committee of Common Council worked for well over a year on the
formulation of local legislation intended to regulate the smoking of tobacco in certain outdoor areas of the
City (primarily public spaces).
Initially, our office researched the question of whether localities have the legal authority to regulate
outdoor smoking. We subsequently produced a legal opinion in which we concluded that such authority
does exist (i.e., that the State Legislature did not intend to pre -empt such regulation when it enacted the
Clean Indoor Air Act of 2003), provided that the regulations were clearly linked to, and designed to
mitigate, identified hazards to public health or safety posed by unregulated outdoor smoking in public
areas. Our office also found multiple examples of local regulation of outdoor smoking among New York
State municipalities (typically involving playgrounds, parks and beaches, but in some cases, such as New
York City, extending to other public areas), as well as localities in other states.
A subcommittee then examined examples of current, scientific evidence that links exposure to second-
hand smoke to serious health impacts. The subcommittee also carried out a comprehensive review (over
the course of more than a dozen sessions) of the various types of public, outdoor areas in the City, and
debated the appropriateness of restricting smoking in each of those areas. Ultimately, the subcommittee
focused on a list of selected areas it thought should be smoke -free, including a portion of the Ithaca
Commons, all playgrounds, most City parks (except for parts of Cass and Stewart Parks), all outdoor
dining areas and mobile vending sites (on City land), at outdoor events (on City property), at all bus stops,
on all City trails and in all City natural areas, and (on City property, such as a sidewalk) within 25 feet of
the entrances /exits of schools, childcare centers and City buildings. Last Fall, the subcommittee brought
its recommendations to the Legislative Committee. After discussion there, an initial draft of a possible,
proposed local ordinance was produced by our office, for public circulation. In December, a combined
public information session /public hearing was conducted. (Most comments received were supportive of
the City's regulation of outdoor smoking. It should also be noted that the Legislative Committee received
a great deal of informal public comment during many of its regular meetings throughout 2008 and 2009.)
At its final meeting, on December 21, 2009, the Legislative Committee reviewed the draft ordinance, in
light of the comments that had been received, and made some further changes to it. Following her
restructuring of Council committees, Mayor Peterson assigned the issue of regulation of outdoor smoking
to the Planning & Economic Development Committee. Attached for inclusion on your committee's next
agenda is a new draft that reflects those modifications, and includes proposed definitions (which were not
complete as of December).
It is my understanding that the Planning Committee will decide whether to recommend the legislation to
Common Council (in its current form, or with modifications). It had been hoped that a decision would be
made early enough in the year so as to be effective in time for the prime season for outdoor activity (e.g.,
outdoor dining, festivals, use of parks, etc).
Maps were created for the public hearing (by the City's GIS staff), for the purpose of illustrating the
proposed, smoke -free areas of the Ithaca Commons and Stewart and Cass Parks. At the hearing, it was
suggested that the maps needed to be corrected or clarified in certain places. Also, at its final meeting,
the Legislative Committee made slights changes in the boundaries of the proposed, smoke -free zone on
the Commons. To my knowledge, no new maps have yet been produced.
Unfortunately, I am only available to attend a portion of the Planning Committee meeting on February
17th. I will need to leave by 7:45 pm. Assistant City Attorney Khandikile Sokoni may be able to appear at
your meeting later in the evening (if necessary), but she cannot confirm her availability at this time. I am
assuming that initial discussion of the matter by this (new) committee would be useful in any case, even if
legal counsel is not available for it on the 17tH
Enclosure (most recent draft of proposed ordinance)
Cc: Mayor Carolyn K. Peterson
Common Council
Khandikile Sokoni
DRAFT #2 - REGULATION OF OUTDOOR SMOKING: Proposed Ordinance
2/4/10 — Reflecting Legislative Committee decisions through 12/21/09, plus Definitions
Proposed New Chapter in City of Ithaca Code:
CHAPTER 280 — Smoking, Outdoor
§280 -1. Purpose.
The primary purpose of this chapter is to reduce the proximate exposure of the public, especially
children, to the hazards and annoyance of second -hand tobacco smoke. Furthermore, this legislation is
intended to reduce litter and possible contamination from discarded cigarette butts, in public places, and
to reduce the likelihood that young persons will initiate tobacco use (by reducing the incidence of public
smoking in places where young persons are likely to be present).
§280 -2. Authority.
Pursuant to the New York State Constitution, the Common Council of the City of Ithaca may
adopt and amend laws pertaining to the protection, conduct, safety, health and well -being of the persons
and property in the City. Similarly, the Charter of the City of Ithaca provides that the Common Council
may enact and enforce any ordinance (not repugnant to the Constitution or laws of the State) for any local
purpose (except fluoridation of the water supply) pertaining to the preservation of order, peace and health,
and the safety and welfare of the City and the inhabitants thereof.
The Clean Indoor Air Act adopted by the New York State Legislature (Public Health Law, Article
13 -E, Sections 1399 -n, et sect) addresses indoor smoking only, and, in any case, specifically provides that
"nothing herein shall be construed to restrict the right of any county, city, town, or village to adopt and
enforce additional local law, ordinances or regulations which comply with at least the minimum
applicable standards set forth in this article."
§280 -3. Definitions.
For the purposes of this chapter, the following terms shall have the following definitions:
1. Child Care Center: A facility where care and supervision are provided for children, in
exchange for consideration. For the purposes of this chapter, a "child care center" refers only to such a
facility that is licensed by New York State or Tompkins County to operate as such.
2. Children: Persons under the age of 18 years.
3. City -owned Building: Any structure owned by the City of Ithaca, except for any such
structure that is subject to a written lease to another party, provided such lease was entered into prior to
the effective date of this chapter and provided such lease does not give the City the authority to regulate
outdoor smoking on the leased premises.
4. Entrance: The means by which persons may enter a building, typically consisting of a door or
doorway, which may be associated with a stoop or steps and /or a ramp. For the purposes of this chapter,
"entrance" includes the stoop, steps or ramp leading from the sidewalk or pavement to such a door or
doorway.
5. Exit: The means by which persons may leave a building, typically consisting of a door or
doorway, which may be associated with a stoop or steps and /or a ramp. For the purposes of this chapter,
"exit" includes the stoop, steps or ramp leading from the sidewalk or pavement to such a door or doorway.
6. Facility: The structures and activity areas (which may be partially enclosed or unenclosed)
associated with an operation (which operation may be governmental, recreational, educational,
commercial or of another type).
7. Mobile Vending: An activity consisting of the offering of goods and /or services for sale, from
a non - permanent base of operations, including but not necessarily limited to a cart, kiosk, table or vehicle.
PAGE 2
8. Outdoor Dining: An activity consisting of the provision of facilities that are available to
members of the public (with or without payment) for eating and /or drinking in an area that is not fully
enclosed by a permanent structure (walls, roof, etc).
9. Outdoor Recreation Area: An area that is not fully enclosed and that is designated for
recreational purposes or activities.
10. Pavilion: A structure that is at least partially unenclosed (for example, with open sides) and
that is intended for public use.
11. Playground: An outdoor recreation area that is designed and intended for use by children.
For the purposes of this chapter, a playground that is fenced or otherwise physically demarcated shall be
deemed to include all of the area inside such fence or demarcation; a playground that is not fenced or
otherwise demarcated shall be deemed to include all open space that is associated with or adjacent to it.
12. Playing Field: That portion of an outdoor recreation area that is set up and marked in some
way for the playing of one or more specific games (such as baseball, football or soccer). For the purposes
of this chapter, a playing field that is fenced or the outside perimeter of which is otherwise physically
demarcated shall be deemed to include all of the area inside such fence or demarcation, together with any
bleachers or other, designated viewing area; a playing field that is not fenced or otherwise demarcated (as
to its outside perimeter) shall be deemed to include all of the area customarily required for playing the
game for which it is being used, together with any bleachers or other designated viewing area.
13. Permit: Written permission for an activity proposed to be conducted on property of the City
of Ithaca (including any conditions placed upon such permission), issued and signed by the appropriate
regulatory authority of the City.
14. School: The facility where an educational institution licensed by New York State is located.
15. Smoking: The burning of a lighted cigar, cigarette, pipe or any other matter or substance
which contains tobacco.
§280 -4. Prohibition of outdoor smoking in certain public places.
Smoking shall not be permitted and no person shall smoke in the following outdoor areas, subject
to the limited exception for streets open to regular traffic as set forth in Section 280 -5, below:
A. At or near playgrounds, child care centers and schools, as follows:
1. At any playground that is open to use by the public, or on any City -owned property that is
within 25 feet of such a playground.
2. On any City -owned property that is within 25 feet of any licensed child care center or its
facility.
3. On any City -owned property that is within 25 feet of any entrance, exit, window or ventilation
intake for a school, school building or school facility.
4. The owner of any such playground, child care center or school shall be required to post
and maintain signage acceptable to the City advising the public of the above restrictions.
B. In other areas or at events where persons cannot readily escape nearby second -hand smoke, as follows:
Within any outdoor dining area (whether covered or not) located on City -owned property, including
the Ithaca Commons, as follows:
a. Within any seating area for outdoor dining and/or drinking associated with a bar or restaurant,
that is on City property and subject to a City license, and that is in use for that purpose; and
b. Within any seating area for outdoor dining and/or drinking established or maintained by the
City or its agent, and that is in use for that purpose; and
[7 -t0ca
2. On any City -owned property that is within 25 feet of the area occupied by a mobile vendinj4 cart
or other mobile vendor operating on City -owned property.
3. At outdoor events on City -owned property, as follows:
a. Within the outdoor seating and viewing areas for open -air concerts, dances, parades,
other performances, lectures, motion picture or video presentations, or similar open -air
presentations, for which a permit from the City is required and when in use for that purpose;
b. Within the outdoor seating and viewing areas associated with unenclosed (or partially
enclosed) sports areas or similar open -air recreational facilities;
c. During outdoor festivals, block parties and similar events, on public property, for which a
permit from the City is required, that will involve the concentration of persons in small or
constrained spaces. For such an event, smoking is prohibited within the area covered by the
City permit, except within a designated smoking area as described in Section Bad, below.
d. If the sponsor of an outdoor event (per Section 133a, 133b or 133c, above) wishes to allow
smoking at the event, the sponsor must propose and request (from the permit issuer) a
"designated smoking area" associated with event (which must be so marked, may not be in a
permanently smoke -free area, and would result in little or no direct exposure of non-smokers to
2nd -hand smoke); if no such exception is requested and granted, the event must be entirely
smoke -free. For an event occupying a portion of the Ithaca Commons, the designated smoking
area shall be that part of Commons where outdoor smoking is not otherwise prohibited. (See
Section 208- 4.C.1, below.)
4. Any licensee or permit holder for an outdoor dining area, vending or outdoor event on City-
owned property shall be required to inform members of the public of applicable restrictions
on outdoor smoking (for example, through signs posted on a mobile vending cart, at the
perimeter of an outdoor dining area or outdoor event, and /or in the publicity for an event).
C. In certain other areas, as follows:
On a portion of the Ithaca Commons (and the entrance alley to the south of it), as follows:
At all times, within the inner portion of Ithaca Commons (as shown on the map attached hereto),
which area is intended to encompass the entire playground and the planter to the east of it, the
public outdoor dining area just east of middle of Commons, the Bernie Milton pavilion and the
"brick circle" area in front of it, the outdoor dining area to the west of the Bernie Milton pavilion
the amphitheater complex to the west of that dining area, and the chess table area (with its low
enclosure) to the west of the amphitheater complex; also, the area north of the brick circle that
includes designated spots for several mobile vending carts, to a point that coincides with what is
now the doorway for Tompkins Cortland Community College offices; also, the so- called Home
Dairy Alley and its southerly extension beneath the Green Street Parking Garage.
2. Outside City -owned buildings, as follows:
At all times, on any public property within 25 feet of any entrance or exit or window or
ventilation intake for any building owned by the City of Ithaca.
In City -owned parks, as follows:
a. Within certain City -awned parks or areas of certain City -owned parks, as follows:
(1) In Stewart and Cass Parks, as follows:
Smoking is prohibited in designated, smoke -free areas (see below, and see attached
maps); outdoor smoking is otherwise permitted in these parks, except that the
managers of City- operated programs in these parks shall have authority to
designate (with appropriate signage) additional smoke -free areas when in use for
those programs, when such designation is reasonably necessary for the protection
of public health.
PAGE 4
(a) Cass Park smoke -free areas (in addition to playground areas) are:
i. All playing fields when in active use for recreational purposes, and
within 25 feet of the boundary of a playing field when the field is in
use for such purpose;
ii. Inside any pavilion, or within 25 feet of it;
iii. Inside the skating rink structure, or within 25 feet of it;
iv. Within the fenced area around the swimming pool; and
v. The tennis courts, when in active use for recreational purposes.
(b) Stewart Park smoke -free areas are:
i. The "Playground/Pavilion Area," namely, the area bordered by
the "inner" park roads, plus the large pavilion and a 25 -foot
buffer around it (includes carousel and sprinkler area; nuns
to Lake shore);
ii. The tennis courts, when in active use for recreational purposes; and
iii. Inside the Boathouse and within 25 feet of any entrance or exit
(2) Anywhere within any other City -owned or operated park (including DeWitt Park),
except that this prohibition shall not apply to the City -owned "Festival Lands " /Off-
Leash Area, currently operated as part of Allan H. Treman State Park.
4. On City -owned trails and special, multi - purpose walkways (other than regular sidewalks),
including but not necessarily limited to the following:
a. Cayuga Waterfront Trail
b. Six Mile Creek Creekwalk
c. Inlet Island Promenade
In City -owned Natural Areas, as follows:
No smoking within the following designated (or otherwise specified) Natural Areas, both within and
outside the boundaries of the City of Ithaca:
a. Six Mile Creek
b. Fuertes Sanctuary
c. Ithaca Falls
d. Southwest Substitute Parkland (pending designation as natural area)
6. At Other City- Operated Facilities, as follows:
No smoking in the following places:
a. Elevators in City parking garages (if not covered by NYS law or Fire Code)
b. Inside, or any public property within 25 feet of, any transit shelter, or, at a stop
where there is no officially designated shelter /seating area, within 25 feet (on public
property) of any transit stop (as measured from the sign post for the stop)
c. Within the fenced area of the Alex Hale, or within the fenced area of the
adjacent Melvyn Bell Memorial basketball court when in use for recreational
purposes.
At facilities leased or licensed to others, as follows:
a. Whenever the City is negotiating a new or renewed lease or license for use of City
land or buildings, the City shall include in such lease or license a provision that will
apply outdoor smoking rules comparable to those for other, comparable City property
(as set forth herein).
b. As for existing leases, where this ordinance would not apply automatically, the City
shall ask such lessees to agree (voluntarily) to operate the outdoor areas of the leased
premises in a manner that is consistent with City regulation of smoking in comparable
outdoor areas.
PAGE 5
§280 -5. Exception for streets open to regular traffic.
Streets open to regular vehicular traffic are exempt from the prohibitions on outdoor smoking
emanating from an adjacent area (such as outdoor dining on an adjacent sidewalk), except that such
prohibition shall extend into the parking lane of such a street and to persons in or on a vehicle in any other
affected parking area on public property.
§280 -6. Enforcement; penalties.
Any person who violates any provision of this chapter, by smoking in an area where outdoor smoking is
hereby prohibited, shall be guilty of an offense punishable by the following penalties:
1St offense: $75.00
2n6 offense: $150.00
3rd or subsequent offense: $250.00
[No jail time for violation or conviction]
§280 -7. Effective date.
This chapter shall take effect on , 2010. [Date to be determined.]
OW11010104 IM 1 OLVA 01 ILI KUL11kyA15vKN1=
DRAFT
Planning & Economic Development Committee
May 21, 2008
Minutes
Committee Members Attending: Mary Tomlan, Chair; Eric Rosario, Vice Chair; Dan Cogan;
Jennifer Dotson; and Svante Myrick
Committee Members Absent: None
Other Elected Officials Attending: Mayor Carolyn Peterson (arrived at 7:45); Alderperson
Nancy Schuler
City Staff Attending: Nels Bohn, Director of Community Development, Ithaca
Urban Renewal Agency; Leslie Chatterton, Historic
Preservation and Neighborhood Planner; JoAnn Cornish,
Acting Director, Department of Planning & Development;
Megan Gilbert, Planner; Bill Gray, Superintendent of
Public Works and City Engineer; Debbie Grunder,
Executive Assistant, Department of Planning &
Development; Phyllis Radke, Building Commissioner;
Lynne Yost, Assistant Civil Engineer
Others Attending: Collegetown Consultant Team: Ron Mallis, Project
Manager, and David Grissino, Urban Designer, Goody
Clancy; Jason Schrieber' transportation consultant,
Nelson/Nygaard; and Sarah Woodworth, economic
consultant, W -ZHA; H. Matthys VanCort, special
consultant
Chair Mary Tomlan called the meeting to order at 7:30 p.m.
A. Agenda Review
Tomlan stated that the agenda would proceed as printed.
B. Special Order of Business: None
C. Public Comment, and Response from Committee Members
Josh Lower, Collegetown property owner, urged the City to find ways to motivate property
owners to further development through the provision of incentives.
- 1 —
j:\groups\2010 planning and economic development committee \02 february \pedc 08 may_l.doc
Joel Harlan, Newfield, commented on the need to modernize Collegetown, and he urged the
group to keep going with the plan.
There was no comment or response to the public from committee members.
D. Announcements, Updates and Reports
1. Collegetown Urban Plan & Design Guidelines – Presentation
Leslie Chatterton introduced the members of the Goody Clancy team, consultants for the
urban plan and design guidelines for Collegetown.
Ron Mallis distributed an eight -page draft of the Collegetown Urban Plan and
Guidelines, that laid out six "character areas" and a "sustainable" (or "strategic ")
transportation system. This project is being driven by the Collegetown Moratorium
which is ending soon.
Sarah Woodworth reviewed rent figures for housing in central Collegetown, noting the
implications for land values. From a planning perspective these figures raised the risk of
no new development from the outside, with any development that does happen being by
locals; the question is whether there is anything that can be done to reduce the cost of
new construction or to enhance the prospects of new development on these sites, such as
the increasing the allowable height of the buildings or removing the parking requirement.
Jason Schrieber discussed the overall Collegetown parking situation, which is not now
being well managed. Parking constitutes a huge waste of land value right now. If the
City controls on- street parking, it can control the back yard parking (or car storage).
Most cars are not used or even needed. We should make transit more visible to users.
Fair market value for parking needs to be recognized. Higher priced short-term parking
spaces will create quicker turnover, thus producing more revenue.
David Grissino discussed the residential component of the plan and the attempt to make a
better pedestrian environment. The charette [held in early March] had provided ideas for
finding new sites for development as well as for maintaining the historic value of the
area. Several character areas were developed —the mixed -use core, village residential,
preservation A, B, and C, and the open space network. The goal was to create more
economic development, and allowing additional height will help projects succeed.
However, building heights need to be controlled, with a limit of 90 feet and a set -back at
60 feet high. There should be transparency at the ground level for the benefit of the
streetscape. Buildings should provide for a wide variety of uses as well as create special
types of neighborhoods. The look of existing neighborhoods should be kept consistent,
i.e. if there are two -story homes in one area, then do not insert four -story buildings in the
same area. Preservation C recognizes that area's historic significance, while the open
space network can be more pedestrian friendly as the scene between the university and
Collegetown.
Dan Cogan stated that he thought the perspective on economic development was very
interesting and asked about the hopes of making the transportation and parking work and
be successful. Schrieber noted that the key to any of this is a "trial and error" type of
development with regard to such matters as meter rates. He suggested that the
-2-
j: \groups \2008 planning and economic development committee\minutes \pedc 08 may l.doc
r
wiv
downtown garages could be used for the "storage" of cars, as they are currently being
underutilized. Cornell University needs to be instrumental in trying to teach the students
about sustainability.
Svante Myrick commented on the building height requirement. He believed that
increasing the height limit will not affect those that live in the surrounding area, while
students like the idea of greater height, more floors and more density. Why not go
higher? Grissino stated that 90 feet seemed to be an appropriate height based on the
height limits currently enforced. Mallis noted that height was not the only way to
improve the need for more density or more building use.
Tomlan noted that many persons are quite happy that another garage isn't being
considered in the new plan.
Mayor Carolyn Peterson asked whether the existing parking lot on Williams Street was
intended to remain a parking lot. Grissino stated it would be proposed for housing.
Thys VanCort said that any comments or questions should be channeled through
Chatterton to Goody Clancy.
Jennifer Dotson stated that she really liked what she saw. Myrick said that the
Collegetown Vision Implementation Committee should be thanked for its work.
2. Department of Public Works — Quarterly Report
Lynne Yost distributed a draft of the "Sidewalk Program Operations and Objectives
2008" to accompany the "Sidewalk Program Status Report" and the "Sidewalk and
Ramp Replacement" map previously provided. Yost explained how the new sidewalk
database works to keep track of damage and /or accidents. She is currently the only
person entering the data in order to provide consistency, though Bill Gray stated that this
was the start of the process and he hoped eventually to hand this over to a data entry
clerk. Yost stated that the GIS team made it clear that it's important for a professional to
complete the data.
Dotson asked how a person would report a problem with a sidewalk. Yost explained
that there is a complaint form on which to file such complaints. The program is set up to
inform the complainant of the progress of the repairs.
Eric Rosario asked how much time was being spent on this project. Yost stated at least
80% of her time plus additional office staff time.
In response to a question as to whether a goal had been set to complete the repairs, Yost
stated it was too early in the process to determine an actual goal, that this was really the
first year that the program was fully in place and staffed.
- 3—
j:\groups\2008 planning and economic development committee\rnmutes \pedc 08 may_l.doc
3. Proposed Discontinuance of a portion of University Avenue as a City Street
The committee received a "Possible timeline for decision- making," dated 5/21, with
regard to the proposed discontinuance of a portion of University Avenue as a City street;
the timeline began on 4/9/08 with the Board of Public Works endorsement of the
proposed Memorandum of Understanding and ended with a projected 8/6 Common
Council vote on a recommended Agreement.
E. Action Items:
1. An Ordinance to Amend Section 146 -5 ( "Building Permits ") of Chapter 146, Building
Construction of the City of Ithaca Municipal Code
Committee members received a substitute version of the proposed amendment, presented
below:
An Ordinance to Amend Section 146 -5 (Building Permits) ermits) of Chapter 146 of the City of Ithaca Municipal Code
Entitled "Building Construction" also known and cited as the "Building Code Enforcement Ordinance of the City of
Ithaca."
ORDINANCE NO. 2008-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section 146 -5 ( "Building Permits ") of Chapter 146 of the City of Ithaca Municipal Code entitled "Building
Construction" is hereby amended to read as follows:
§ 146 -5. Building permits.
A. (1) Building permits required. Except as otherwise provided in Subsection B of this section, a
building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code,
including, but not limited to, the construction, enlargement, alteration, improvement, hazardous materials abatement,
removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid -
fuel- burning heating appliance, chimney or flue in any dwelling unit, as well as any conversion (as defined by
Chapter 325, Zoning, of this Code, or by the Uniform Code). A building permit is required for any exterior work on
a building or structure designated as a landmark structure or on a building or structure located within an historic
district (see Chapter 228).
(2) Every person or entity who wishes to conduct any work for which a building permit is required shall obtain
liability insurance coverage in the minimum amount of $100 000 for property damage and $300,000 for personal
liability, including bodily inlim
Q)No person shall commence any work for which a building permit is required without first having obtained a
building permit issued by the Building Department.
B. Exemptions. No building permit shall be required for work in any of the following categories except where
such work is located within a designated historic district or in a designated landmark structure or site (see Chapter
228):
(1) Construction or installation of one -story detached structures associated with one- or two - family dwellings
or multiple single - family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar
-4-
j: \groups \2008 planning and economic development committee\minutes \pedc 08 may l.doc
•
! t ! 1 OHM low
uses, provided the gross floor area does not exceed 144 square feet (13.38 square meters), no plumbing, electrical or
heating equipment service or system is provided, and that the structure complies with the area and setback
requirements of Chapter 325;
(2) Installation of swings and other playground equipment;
(3) Installation of swimming pools associated with one- or two- family dwellings or multiple single - family
dwellings (townhouses) where such pools are designed for a water depth 24 inches or less and have a water surface
area of 100 square feet or less, and are installed entirely above ground;
(4) Installation of fences which are not part of an enclosure surrounding a swimming pool;
(5) Construction of retaining walls less than four feet in height from grade to the top of the wall for the entire
length of the wall unless such walls support a surcharge of soil or impound Class I, II or IIIA liquids as defined in
the New York State Fire Code;
(6) Construction of temporary motion - picture, television and theater stage sets and scenery remaining in place
for fewer than 180 days;
(7) Installation of window awnings supported by an exterior wall of a one- or two - family dwelling or multiple
single - family dwellings (townhouses), provided such awnings do not encroach on any right -of -way or project
beyond property lines, and are in compliance with the setback requirements of Chapter 325;
(8) Installation of partitions or movable cases less than five feet nine inches in height;
(9) Painting, wallpapering, tiling, floor covering and other similar finish work;
(10) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances
where such installation requires no extension of permanently installed building electrical, plumbing or HVAC
systems; or
(11) Repairs that use like material provided that the repairs do not involve:
(a) The removal or cutting away of a load - bearing wall, partition, or portion thereof, or of any structural beam
or load - bearing component;
(b) The removal or change of any required stairs or means of egress, or the rearrangement of parts of a
structure in a manner which affects egress;
(c) Alteration of fire protections systems, or the removal from service of all or part of a fire protection system
for any period of time;
(d) The alteration or removal of required fire separations;
(e) The installation, enlargement, alteration, relocation, or extension of electrical or plumbing systems;
(f) The alteration, relocation or installation of solid -fiiel- burning heating appliances and associated chimneys
or flues; or
(g) The removal or abatement of asbestos or other hazardous material except for paint.
C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement
to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an
authorization for work to be performed in violation of the Uniform Code, the Energy Code, the City of Ithaca
Zoning Ordinance or other applicable codes and ordinances.
D. Applications for building permits. Applications shall be made in writing on a form provided by the
Building Department. The application shall be signed by the owner of the property where the work is to be
performed or an authorized agent of the owner. The application shall include such information sufficient to permit a
determination by code enforcement personnel that the intended work complies with all applicable requirements of
the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance and other applicable codes and
ordinances. The application shall include or be accompanied by the following information and documentation:
(1) A description of the proposed work;
(2) The Tax Map number and street address of the premises where the work is to be performed;
(3) The occupancy classification of any affected building or structure;
(4) Where applicable, a statement of special inspections prepared in accordance with the provisions of the
Uniform Code; and
(5) Where the property is located in a federally designated flood zone, Mere if applicable, an Elevation
Certificate;
(6) At least two sets of construction documents (drawings and/or specifications) which:
(a) Define the scope of the proposed work;
(b) Are prepared by a New York State registered architect or licensed professional engineer whose signature
and seal of registration in New York State shall be legibly imprinted on the plans, where so required by the State
Education Law or where in his/her discretion the Code Enforcement Officer, because of structural, public safety, or
- 5—
j:\groups\2008 planning and economic development committee\minutes \pedc 08 may_l.doc
OLSE-1301111 91 OLIN 01 X41 O
other concerns, requires such signed and sealed plans to be submitted, even though the cost or scope of the work
may be below the minimum requirement of the State Education Law;
(c) Indicate with sufficient clarity and detail the nature and extent of the proposed work;
(d) Substantiate that the proposed work will comply with applicable codes and ordinances; and
(e) Where construction of new buildings or accessory structures, or alterations that change the footprint of
existing buildings or accessory structures is proposed, or where otherwise applicable, include a site plan that shows
any existing and proposed buildings and structures on the site, the location of the intended work, and the distances
between buildings and structures and lot lines. In his /her discretion the Code Enforcement Officer may require a site
survey prepared by a licensed land surveyor providing the above information.
(7) Properly certified documentation of all required insurances, including but not limited to liability insurance
and workers' compensation insurance.
Section 2.
SEVERABILITY CLAUSE. 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 3.
EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of
notice as provided in the Ithaca City Charter.
Cogan questioned the need for the additional language in 146- 5.A.(2) regarding liability
insurance coverage, since homeowners would be covered by their own insurance and contractors
would carry their own. If a homeowner wanted to repair their home on their own, it doesn't
seem necessary to "make" them have this insurance. Dotson expressed similar concerns.
It was stated that the building permit application already includes such a requirement, but that it
has not been specified in the ordinance.
The Mayor asked for further backup information regarding the wording on the form and the
ordinance, which should match.
On a motion by Rosario, who stated that he would support this change if more information was
provided regarding the limits of the required insurance, and seconded by Myrick, the committee
approved the proposed amendment (4 -1, with Dotson opposed).
2. An Ordinance to Amend various sections of Chapter 210 "Housing Standards," of the
City of Ithaca Municipal Code
The proposed amendments to Sections 210 -5, 210 -7, 210 -42, and 210 -43 were withdrawn
from the committee agenda, as an incorrect version of the ordinance had been distributed,
one which did not have the support of Building Commissioner Phyllis Radke.
-6-
j: \groups \2008 planning and economic development committee\mmutes \pedc 08 may_l.doe
QW1101134 I VE 11 IMA 01
3. Reaffirmation of Comprehensive Plan Procedure
JoAnn Cornish explained that the proposed resolution affirmed the role of the Planning
and Development Board with regard to the preparation and adoption of a new City of
Ithaca comprehensive plan.
On a motion by Cogan, seconded by Rosario, the following resolution was unanimously
approved (5 -0):
Reaffirmation of Procedures for Creating a New City of Ithaca Comprehensive Plan
WHEREAS, on April 29, 2008, the City of Ithaca Planning and Development Board unanimously passed a
resolution outlining the procedure for creating a new comprehensive plan for the City, and
WHEREAS, the applicable authorizing legislation at the state level is N.Y.S. General City Law §28 -a, titled "City
comprehensive plan," which contains the following language: "5. Preparation. The legislative body of the city, or by
resolution of such body, the planning board or a special board, may prepare a proposed city comprehensive plan and
amendments thereto. In the event the planning board or special board is directed to prepare a proposed
comprehensive plan or amendment thereto, such board shall, by resolution, recommend such proposed plan or
amendment to the legislative body of the city," and
WHEREAS, the applicable authorizing legislation at the local level is contained within City of Ithaca Municipal
Code §4 -23, titled "Planning and Development Board," which states in paragraph B., titled "Powers and duties," that
among the Planning and Development Board's "powers and duties" is: "2. Initiating, preparing and adopting a
comprehensive plan for the city for subsequent adoption by the Common Council, with staff service provided by the
Director of Planning and Development. 3. Reviewing periodically, preparing and adopting amendments to the
comprehensive plan for subsequent adoption by the Common Council," and
WHEREAS, the City Attorney has stated he believes the above City of Ithaca Municipal Code language constitutes
Common Council's selection of the N.Y.S. General City Law option whereby the legislative body of a city may
direct the planning board to prepare that city's comprehensive plan and recommend said plan to the city's legislative
body for adoption, and
WHEREAS, the City Attorney has further stated that, under this procedure, the City of Ithaca Planning and
Development Board ( "Planning Board ") would prepare and recommend a new comprehensive plan to the Common
Council, which would have the exclusive power to formally adopt the plan for the City; thus, the language in the
Municipal Code about the Planning Board "adopting" the plan is limited to the sense in which the Planning Board
internally adopts any resolution or decision, and
WHEREAS, the City Attorney has further stated his opinion that it would be proper, under this procedure, for the
Planning and Development Board to appoint and charge a broad -based comprehensive plan committee, which would
include Common Council members and representatives of community stakeholder groups, to directly supervise the
ongoing preparation of the new comprehensive plan, with this comprehensive plan committee periodically reporting
back to the Planning Board, and with the resulting plan, if accepted by the Planning Board, to be recommended by it
to Common Council for Council's adoption; and
WHEREAS, a "preplanning" committee convened by the Mayor to discuss issues related to the preparation of a new
comprehensive plan has been meeting since February, 2007, and this committee has discussed a two -phase planning
process, where phase 1 would entail the preparation of a City -wide vision statement that would set forth broad
principles to guide future planning and development, and phase 2 would include the preparation of geographically -
based neighborhood plans and other distinct thematically -based plans, and
-7-
j:\groups\2008 planning and economic development committee\mimrtes \pedc 08 may_Ldoc
M11011011 ♦.. ♦ , 1 g '1,
WHEREAS, at its meeting on February 6, 2008, Common Council approved a capital project in the amount of
$200,000 ($125,000 the first year and $75,000 the second year) to prepare phase 1 of the comprehensive plan, and
WHEREAS, the "preplanning" committee has envisioned a comprehensive plan committee that would include
representation from the Common Council, the Planning and Development Board and the Town of Ithaca, with
possible representation from established City groups (such as the Conservation Advisory Council/Natural Areas
Commission/Parks Commission, the Bicycle Pedestrian Advisory Council and the Board of Public Works) and from
other stakeholder groups representing interests including but not limited to business, neighborhood quality, transit,
affordable housing, sustainability, youth services, senior services, and the educational endeavors, and
WHEREAS, the Planning and Development Board believes that the work accomplished to date by the "preplanning"
committee can be easily adapted to the comprehensive plan preparation procedure set out by the N.Y.S. General
City Law and the City of Ithaca Municipal Code as described above, and
WHEREAS, based upon all of the foregoing, including the provisions of N.Y.S. General City Law §28 -a and City of
Ithaca Municipal Code §4 -23, the City of Ithaca Planning and Development Board believes that the appropriate next
steps for the creation of a new City of Ithaca comprehensive plan would be:
(1) For the Planning Board to appoint a broad -based comprehensive plan committee and charge it with
drafting a proposed comprehensive plan, said client committee to reflect the membership categories
described in the ninth "Whereas" clause above (the Common Council representation to be comprised
of at least three Common Council members and the Town of Ithaca's representative to have voting
rights on this comprehensive plan committee provided that the City's representative to the Town's
ongoing comprehensive plan process is also allowed voting rights); and
(2) For this comprehensive plan committee to (a) prepare and approve a request for qualifications ( "RFQ ")
for phase 1 of the comprehensive plan; (b) review the responses to the RFQ, conduct interviews of
consultant teams and make a recommendation of a consultant team to the Planning Board, Mayor and
Common Council for their approval; (c) oversee the preparation of phase 1 of the comprehensive plan,
coordinate with staff and the selected consultant team, make periodic progress reports to the Planning
Board, and ensure the level of public outreach necessary to reflect community goals; and (d) approve a
draft of phase 1 of the comprehensive plan for review and acceptance (with possible modification) by
the Planning Board, with recommendation of the draft by the Planning Board to Common Council,
review and approval by Common Council's Planning and Economic Development Committee, and
adoption by Common Council; pow, therefore, be it
RESOLVED, that the City of Ithaca Common Council affirms the procedure set forth in this resolution and agrees
that the Planning and Development Board, with staff service provided by the Director of Planning and Development,
will initiate, prepare, and adopt a comprehensive plan for the city for subsequent adoption by the Common Council,
and be it further
RESOLVED, that the City of Ithaca Common Council also agrees that the Planning and Development Board will
periodically prepare, review, and adopt amendments to the comprehensive plan for subsequent adoption by the
Common Council.
4. Cass Park Dock Project
Megan Gilbert described the proposed Local Waterfront Revitalization Program grant
application for a project that would, if funded, extend, add to and make more accessible
two Ithaca Urban Renewal Agency ( "IURA ")- funded Cass Park docks for low - impact
boating. This project would fit in well with other park initiatives, and would use the
IURA funding and in -kind Planning Department services as the City's share of the 50 -50
match.
- 8—
j:\groups\2008 planning and economic development committee \minutes \pedc 08 may_l.doc
11MIZI-11NOLK119 AVA I LOU OLVA01 MOTOWN raLwisiolivi
On a motion by Rosario, seconded by Cogan, the following resolution, authorizing and
directing the Mayor to file the application, was unanimously approved (5 -0):
Authorization of a Grant Submission to the New York State Department of State Environmental Protection Fund for
the Construction of Public Dock Space at Cass Park
WHEREAS, the New York State Department of State has announced the availability of grant applications under the
Environmental Protection Fund's Local Waterfront Revitalization Program, and
WHEREAS, the Cayuga Lake Waterfront Plan, adopted by Common Council as part of the comprehensive plan in
2006, identifies public access to low cost and low impact boating opportunities as an important goal for the
waterfront and specifically identifies Cass Park as a possible site for launch facilities and permanent paddling docks,
and
WHEREAS, a design proposal for public dock space on Cayuga Lake consisting of three 80 -foot docks, a stone
canoe /kayak launch, a wheelchair- accessible dock platform, and a dock connection between the launch, the docks,
and the Cayuga Waterfront Trail was submitted to the Ithaca Urban Renewal Agency (IURA), and
WHEREAS, through the City's 2007 HUD entitlement grant the IURA has funded Phase I of this project but
additional funding is needed to complete the project and improve public access to free dock space, and
WHEREAS, Common Council is desirous of submitting an application to construct public dock space for non-
motorized small crafts at Cass Park; now, therefore, be it
RESOLVED, that Carolyn K. Peterson, Mayor of the City of Ithaca, is hereby authorized and directed to file an
application for funds from the New York State Department of State in accordance with the provisions of Title 11 of
the Environmental Protection Act of 1993 in an amount not to exceed $100,000, and upon approval of said request,
to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for the
constriction of public dock space for non - motorized small crafts at Cass Park, and be it further
RESOLVED, that the local share of this grant application will be derived from the City of Ithaca's 2007 HUD
entitlement grant and in -kind services.
5. Proposed Use of `Gateway' Proceeds for Ithaca Urban Renewal Agency ( "IURA ")
Financial Guarantee in Support of State Theatre Operations
Nels Bohn provided the committee with background information on the NBA's request
for authorization to use $50,000 of the so- called `Gateway' proceeds to guarantee a bank
loan to Historic Ithaca, Inc. in support of State Theatre operations.
On a motion by Cogan, seconded by Rosario, the following resolution was approved (4 -1,
with Tomlan opposed):
Authorization of the Use of `Gateway' Proceeds for Ithaca Urban Renewal Agency Financial Guarantee in Support
of State Theatre Operations
WHEREAS, on May 5, 2008 the Ithaca Urban Renewal Agency ( "IURA ") approved a request from Historic Ithaca,
Inc. ( "HI ") to provide a $50,000 limited financial guarantee for a short-term bank loan in support of State Theatre
operations, and
WHEREAS, HI intends to repay the short-term bank loan with net proceeds realized from the sale of the Clinton
House property, located at 116 -120 N. Cayuga Street, Ithaca, NY, and
-9-
j: \groups \2008 planning and economic development cornmittee\minutes \peck 08 may_Ldoc
DRAFT COPY - NOT YET APPROVED BY MEMBERS OF THE
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
WHEREAS, the $50,000 limited guarantee from the IURA is secured by a mortgage lien on the Clinton House
property, located at 116 -120 N. Cayuga Street, and
WHEREAS, IURA underwriting of the guarantee suggests the financial guarantee is well secured to ensure
repayment, and
WHEREAS, the funding for the loan guarantee is not eligible for Community Development Block Grant funding
because the project does not create new jobs or primarily benefit low- and moderate- income persons, and
WHEREAS, the IURA administers so- called `Gateway' proceeds on behalf of the City of Ithaca per Common
Council resolution of June 5, 2002, and
WHEREAS, `Gateway' proceeds originated from the City's sale of land to Eddygate Park Associates to facilitate the
Eddygate Park Apartment mixed- income rental housing project in Collegetown, which sales proceeds were realized
by the City in 2002 and subsequently contributed to the IURA for the purpose of providing loan financing to
Gateway Plaza Associates, LLC to redevelop the underutilized former Dean warehouse building, now known as
Gateway Plaza, located at 401 E. State Street, Ithaca, NY, and
WHEREAS, Gateway Plaza Associates, LLC successfully completed the Gateway Plaza project and repaid the
IURA loan in full in 2007, and
WHEREAS, the balance of `Gateway' proceeds account is approximately $650,000, and
WHEREAS, the IURA seeks approval to use `Gateway' proceeds as the most appropriate funding source to secure
this financial guarantee, which use requires Common Council approval, and
WHEREAS, unless Common Council approval is secured for use of `Gateway' funds, the financial guarantee
commitment shall be derived from the IURA's `non -CDBG funds' account, which is utilized to meet working
capital needs of the IURA, and
WHEREAS, the State Theatre, a national and state registered historic place and a locally designated historic
landmark, is a valuable downtown economic, cultural and community asset and the IURA recognizes HI's critical
role in reopening and operating this historic non -profit performing arts theater, while also serving as owner and
committed preservation steward of the Clinton House, a national, state, and locally designated historic resource that
HI saved from demolition 35 years ago, and
WHEREAS, during the 2007 -8 State Theatre season 46,900 tickets were sold for 67 events generating $1.16 million
in earned income, well over twice the revenue level from the prior season, and
WHEREAS, earned income at the State Theatre in 2007 -8 season covered approximately 80% of theater expenses
before fundraising and grants, a figure substantially above the national average for a non - profit performing arts
theater, and
WHEREAS, HI estimates that financial sustainability of the State Theatre will require receipt of approximately
$200;000 in unearned income on an annual basis, after accounts payable are satisfied, and
WHEREAS, to address this ongoing funding shortfall HI has hired a full -time development director to increase
unearned income, and
WHEREAS, the proposed use of `Gateway' proceeds to assist the State Theatre continue to operate as a
performance theater directly implements the adopted Downtown Ithaca Development Strategy, and
WHEREAS, the proposed use of `Gateway' proceeds is secured by a mortgage on valuable real property with
substantial collateral value that will be released upon repayment of any funds advanced by the financial guarantee,
thereby continuing the past practice of using `Gateway' funds in a manner intended to preserve the principal
balance; now, therefore, be it
- 10-
j: \groups \2008 planning and economic development eommittee\minutes \pedc 08 may_l.doc
• � i; i 1 i}, i
RESOLVED, that the Common Council for the City of Ithaca hereby authorizes the use of `Gateway' proceeds as
the source of funds for the IURA's $50,000 financial guarantee of a bank loan made to Historic Ithaca, Inc., and be
it further
RESOLVED, that the Common Council hereby authorizes the Mayor, upon review by the City Attorney, to execute
any and all documents necessary to implement this resolution.
F. Other Items:
1. Minor Program Amendment— FY2006 Action Plan, HUD Entitlement Grant Program
Bohn provided the committee with information on the Ithaca Urban Renewal Agency's
approval of a minor program amendment to the FY2006 Action Plan, in which the
rehabilitation of a relocated owner - occupied house at 709 Hancock Street would be
substituted for the proposed accessory rental unit at 409 Elm Street.
G. Minutes: No minutes were submitted for committee approval.
H. Adjournment:
On a motion by Cogan, seconded by Dotson, the committee unanimously voted to adjourn the
meeting at 10:10 p.m.
- 11 —
j:\groups\2008 planning and economic development committee\minmes \pedc 08 may l.doc