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HomeMy WebLinkAbout10-20-10 Planning & EDC Meeting Agenda MEETING NOTICE City of Ithaca Planning & Economic Development Committee Wednesday, October 20, 2010—7:00 p.m Common Council Chambers, City Hall, 108 East Green Street A. Agenda Review B. Special Order of Business 1. Public Hearing — Cayuga Green Contract Modifications 2. Public Hearing — Rezoning of E State/MLK St and Seneca Way C. Public Comment and Response from Committee Members D. Announcements, Updates and Reports 1. Collegetown Terrace Update 2. Southwest Area Development Update 3. Dredging Update E. Action Items 1. Cayuga Green Contract Modifications (resolution, adopted IURA resolution, 2009 purchase and sale agreement, map, mortgage information, visual renderings) 2. Neighborhood Incentive Fund Application — Utica Street (memo, resolution, petition available on request and at meeting) 3. Rezoning of E State/MLK St and Seneca Way to CBD-60 (memo, lead agency resolution, determination of environmental significance resolution, short environmental assessment form [SEAF], ordinance, map, comments from Tompkins County) F. Discussion Items 1. Collegetown A. Form District Zoning Ordinance —Approval to Circulate (memo and draft of proposed zoning distributed previously) B. Height Incentive Zone (memo, ordinance, map) C. Transportation (general update to be distributed separately) (in-lieu fee memo anticipated for November) G. Approval of Minutes H. Adjournment Questions about the agenda should be directed to Jennifer Dotson, Chairperson, (jdotson0cityofithaca.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, October 19, 2010. Eta Planning & Economic Development Committee Proposed Resolution October 20, 2010 Cayuga Green Project, Approval of 2nd Extension of Purchase and Sale Contract for Parcel `D' — Resolution Whereas, Cayuga Green II LLC requests an extension of the purchase and sale contract for parcel `D' (tax parcel #81.-2-4) for construction of rental housing located adjacent to the Cayuga Garage to provide time to secure project financing through the HUD 221(d)4 Insured Mortgage Financing program, and Whereas, the IURA and City previously amended the original 2007 sales contract in 2009 to allow construction of rental housing units or for-sale units and to extend the term by 12 months to June 30, 2010 in response to the developers difficulty to secure project financing for residential condominiums, and Whereas, the commercial credit market has been extremely tight for loans to construct new mid- rise housing for several years and remains extremely limited, and Whereas, the principals of Cayuga Green II LLC have recently utilized the U.S. Department of Housing & Urban Development's (HUD's) 221(d)4 mortgage insurance program to secure financing from a HUD-approved private lender for a multi-family rental housing project in Ohio, and Whereas, through the HUD 221(d)4 program, the Federal Home Administration provides mortgage insurance to HUD-approved lenders to for-profit or non-profit borrowers developing multi-family rental housing, and Whereas, the HUD 221(d)4 program requires federal prevailing wages to be paid on all construction work, and Whereas, a HUD 221(d)4 review and approval process requires submissions of detailed construction plans and specifications, cost detail, market study and marketing plan, and takes 9- 12 months if all information is in order, and Whereas, a HUD 221(d)4 mortgage insurance application process requires documentation of fee simple ownership of the project site, and Whereas, Cayuga Green II LLC has been pursuing HUD 221(d)4 approval for several months and is awaiting an invitation to submit a "firm commitment" application, and Whereas, initial construction plans to build adjoining the Cayuga Garage have been modified to provide a 10-foot horizontal separation distance to avoid the need for retrofits to the Cayuga Garage to meet New York State Building Code requirements regarding wall openings and fire egress routes at the Garage, and Whereas, the Cayuga Green II LLC has submitted revised preliminary plans for construction of a 7-story, 39-unit rental housing project at parcel `D' that are consistent with the original design goals for the Cayuga Green project, and Whereas, Cayuga Green II LLC seeks no property tax abatements for the project, and Whereas, the Ithaca Urban Renewal Agency (IURA) wishes to facilitate the construction of additional housing units in downtown Ithaca that will expand the range of housing opportunities and increase the property tax base; and Whereas, on September 23, 2010, the IURA approved the following amendments to the purchase and sale contract for parcel `D' of the Cayuga Green project, subject to City of Ithaca Common Council approval: 1. Extend deadlines to secure project financing and issuance of a building permit to December 31, 2011 ; 2. Reduce the size of the parcel to be conveyed by approximately 2,000 square feet in accordance with a lot adjustment plan dated January 22, 2010, prepared by T.G. Miller PC, for the purpose of providing a 10' fire separation distance between buildings thereby avoiding the need for retrofits to the Cayuga Garage to meet NYS Building Code requirements; and Whereas, under §507 of Article 15 of General Municipal Law, the IURA's proposed disposition of real property requires Common Council approval following a public hearing, and Whereas, a public hearing on the proposed property disposition was held before the Planning & Development Committee on October 20, 2010, and Whereas, the purchase and sale contract for parcel `D' and site plan review for the proposed housing project at parcel `D' were the subject of environmental reviews under the City Environmental Quality Review Ordinance (CEQR) where the lead agency issued a negative declaration that the implementation of the action as proposed will not result in any significant adverse environmental impacts, and Whereas, the proposed amendments to the purchase and sale contract for parcel `D' are no less protective of the environment than the proposed actions that previously underwent environmental review, the original CEQR determinations stand; now, therefore, be it Resolved, That the City of Ithaca Common Council hereby approves the IURA-proposed amendments to the purchase and sale contract with Cayuga Green II LLC for sale of parcel `D' of the Cayuga Green project (tax parcel # 81.-2-4) to extend the agreement until December 31, 2011 and reduce the size of the parcel to be conveyed. E1b Ithaca Urban Renewal Agency Adopted Resolution September 23, 2010 Cayuga Green Project Phase 1113, Parcel "D" —2nd Extension of Purchase and Sale Contract Whereas, Cayuga Green II LLC requests an extension of the purchase and sale contract for parcel `D' (tax parcel #81.-2-4) for construction of rental housing located adjacent to the Cayuga Garage to provide time to secure project financing through the HUD 221(d)4 Insured Mortgage Financing program, and Whereas, the IURA and City previously amended the original sales contract in 2009 to allow construction of rental housing units in addition to for-sale units and to extend the term by 12 months to July 2010 in response to the developers inability to secure project financing for residential condominiums, and Whereas, the commercial credit market has been extremely tight for loans to construct new high-rise housing for several years and remains extremely limited, and Whereas, the principals of Cayuga Green II LLC have recently utilized the HUD 221(d)4 mortgage insurance program to secure financing from a HUD-approved private lender for a multi-family rental housing project in Ohio, and Whereas, through the HUD 221(d)4 program, the Federal Home Administration provides mortgage insurance to HUD-approved lenders to for-profit or non-profit borrowers developing multi-family rental housing, and Whereas, the HUD 221(d)4 program requires federal prevailing wages to be paid for new construction, and Whereas, a HUD 221(d)4 review and approval process requires submissions of detailed construction plans and specifications, cost detail, market study and marketing plan, and takes 9- 12 months if all information is in order, and Whereas, a HUD 221(d)4 mortgage insurance application process requires documentation of fee simple ownership of the project site, and Whereas, Cayuga Green II LLC has been pursuing HUD 221(d)4 approval for several months and is awaiting an invitation to submit a "firm commitment" application, and Whereas, initial construction plans to build adjoining the Cayuga Garage have been modified to provide a 10-foot horizontal separation distance to avoid the need for retrofits to the Cayuga Garage to meet New York State Building Code requirements regarding wall openings and fire egress routes at the Garage, and Whereas, the Cayuga Green II LLC has submitted revised preliminary plans for construction of a 7-story, 39-unit rental housing project at Parcel `D' that are consistent with the original designs for the Cayuga Green project, and Whereas, Cayuga Green 11 LLC seeks no property tax abatements for the project, and Whereas, the IURA wishes to facilitate the construction of additional housing units in downtown Ithaca that will expand the range of housing opportunities and increase the property tax base; now, therefore, be it Resolved, the IURA hereby approves an extension of the existing Purchase and Sale Contract on Cayuga Green Project Phase 1113 - Parcel D, until December 31, 2011, and be it further Resolved, that the legal description of the parcel to be sold pursuant to the sales contract be revised and reduced in size in accordance with a lot adjustment plan dated January 22, 2010, prepared by T.G. Miller PC, to avoid the need for retrofits to the Cayuga Garage, and be it further Resolved, that payment on the balance of the $280,000 purchase price of the property will be based on a 10-year term loan at an interest rate of 5.5%, and be it further Resolved, the above approvals are subject to Common Council approval of the property disposition, and be it further Resolved, the IURA Chairperson, upon the advice of IURA legal counsel, is hereby authorized to execute all necessary and appropriate documents to implement this resolution, including but not limited to executing an amended purchase and sale contract. PURCHASE AND SALE CONTRACT June 2009 Amended 2009 CAYUGA GREEN PROJECT PHASE IIB ® C C E E PARCEL"D" This Agreement is entered into by and between JUL 2I 2009 The ITHACA URBAN RENEWAL AGENCY(hereafter"Seller"),an urb Ifs al ;L*R AGENCY pursuant to the General Municipal Law of the State of New York,with offices at a Ithaca,New York 14850,and CAYUGA GREEN R,LLC(hereafter"Purchaser"),a limited liability company formed pursuant to the laws of the State of New York and with offices at 660 Lincoln Avenue,Suite 303, Cincinnati,Ohio,45202,which LLC is a wholly owned subsidiary of Steven F.Bloomfield Company,Inc., an Ohio Corporation with offices at 660 Lincoln Avenue,Suite 303,Cincinnati,Ohio,45202. WHEREAS, the parties entered into a Purchase and Sale Agreement (hereinafter "the Prior Agreement')for the parcels of land described in Exhibit A attached hereto(hereinafter"the Premises")on November 5,2007;and WHEREAS,on April 13,2009,the Purchaser requested an extension of the time frame for submission of documentation referred to in paragraph I (B) (1) of the Prior Agreement to the Seller and sought authorization to modify the project to allow construction of apartments in lieu of residential condominiums due to difficulty in securing project financing;and i i WHEREAS,the Purchaser's above-referenced request was approved by the IURA by resolution adopted on May 22,2009 and by the Common Council by resolution adopted June 3,2009; NOW,THEREFORE,the parties agree to modify the Prior Agreement and replace it with the terms set forth in this Agreement: I. SALE OF PROPERTY BY SELLER TO PURCHASER A. SELLER agrees to sell the Premises described in Exhibit A to PURCHASER so that PURCHASER can undertake Phase IIB of the Cayuga Green project,anticipated to consist of construction of no less than 30 rental and/or for-sale housing units located adjacent to the Cayuga garage(hereafter"the Rental Housing/Condominium Project"),or such other uses approved by Seller and the Common Council of the City of Ithaca. B. This Agreement shall be subject to the following contingencies to be met by PURCHASER: 1. No later than June 30, 2010, Purchaser shall submit the following documentation pertaining to Phase IIB of the Cayuga Green project (hereafter "the Rental Housing/Condominium Project'),anticipated to consist of construction ofno less than thirty(30)rental and/or for-sale housing units located adjacent to the Cayuga Garage, or such other uses approved by Seller and the Common Council of the City of Ithaca: a. Proof of final site development plan approval for the Project by the City of Ithaca Planning and Development Board; 7 IURAICayGrnSaleAgr-Parcel D AMENDED 6126109 -Page 1- b. Proof of issuance of a building permit for the Project;and C. Proof that all project financing has been secured to complete the project. 2. Parking: Purchaser shall have the right to construct entrances between the Rental Housing/Condominium Project and the Cayuga Garage(which right is also set forth in the"Cayuga Green Lease Agreement,Parcel`A'Ground Floor of Cayuga Garage" between the Ithaca Urban Renewal Agency and Cayuga Green,LLC,dated February 1,2007(subject to assignment of Cayuga Green,LLC's rights and responsibilities in this agreement to Purchaser) and in the Air Rights Lease dated December 1, 2003 between Seller and Community Development Properties Ithaca, Inc. (CDP), as amended on January 1,2007). This right shall be subject to the following conditions: a. Seller's written consent, which shall not be unreasonably withheld, conditioned or delayed. Purchaser shall submit plans for installing any entrances to Seller. Purchaser shall obtain the written consent of Seller prior to installing any entrances from any future rental housing,condominium or other adjoining building to the Garage. b. Such written consent shall be contingent upon and subject to the following conditions: (1) Receipt by Seller of an independent legal opinion in writing confirming that such consent preserves the tax-exempt status of the financing of the Cayuga Green I(garage)project. Purchaser shall pay up to one-half the cost of obtaining such an opinion,but not to exceed $500.00; j (2) Such entrances from the adjoining structure to the Garage shall not in any way constitute required fire egress to comply with the New York State Fire Prevention and Building Code,the City Code of the City of Ithaca,or any other laws or regulations; (3) Such entrances shall not imply or constitute any obligation on the part of CDP, Seller, the City of Ithaca or any other party who has an ` interest in the Garage to continue to provide such entrances and access from the adjoining building to the Garage in the event the Garage is ! wholly or partially demolished, under repair or restoration, or no longer used as a parking garage for any reason; (4) Approval of the exact location of such entrances by CDP as set forth 1 in the Air Rights Lease,which approval shall not be unreasonably I withheld. (5) A monthly payment for any parking spaces obstructed by such connection,with the amount to be determined by CDP with reference to reasonable projected parking revenues for such parking spaces,as set forth in the Air Rights Lease. i IUR41CayGmSaleAgr-Parcel D AMENDED 6126109 -Page 2- C. Parking in the Cayuga Garage will be made available to Purchaser pursuant to the terms of an Agency Agreement between Cayuga Green, LLC and CDP dated as of January 1, 2007, subject to assignment of the rights and responsibilities in such contract by Cayuga Green,LLC to Purchaser. d. In the event the conditions set forth in Paragraph 3a and 3b are not met, Purchaser has the right to terminate this Agreement with no liability to Seller. 3. Section I(B)(3)of this Agreement entitled"Parking"shall survive the closing of this transaction. The parties shall enter into an Agreement containing these conditions, which shall be recorded concurrently with the deed. C. The recently constructed Garage was opened to the public in June 2005. The term of the Air Rights Lease between Seller and CDP,owner of the Garage,extends through November 30, 2043. IURA has no current plans to discontinue use of the parking garage after expiration of the Air Rights Lease. The Garage was designed for a minimum 50-year design life with proper maintenance and repair. The Indenture of Trust governing bonds issued to finance construction of the Garage mandates establishment of a Long-Term Maintenance Fund to be maintained at$500,000 and held by the Trustee throughout the life of the bonds scheduled to mature in 2030. D. Seller and Purchaser mutually agree that time is of the essence as regards this Agreement. In the event that any of the contingencies set forth herein are not satisfied within the prescribed time period,this Agreement shall be null and void unless Seller extends or waives in writing any unsatisfied Seller contingency or Purchaser extends or waives in writing any unsatisfied Purchaser contingency. { E. Purchaser hereby agrees that it will not seek tax abatements of real property taxes for this project through the Tompkins County Industrial Development Agency. Concurrently with the closing of the conveyance of the Premises to Purchaser,Purchaser shall enter into a payment in lieu of tax("PILOT")agreement with Seller which provides that,in the event that all or part of the premises become tax exempt in the 40-year period from the date of the closing for any ; reason other than as a result of Empire Zone(or successor zone)tax abatements,Purchaser shall make payments in lieu of property taxes("PILOT"payments)to all taxing jurisdictions in the same amount as the property taxes that would have been payable if the property had not become tax exempt, and the amount paid will increase each year in the same manner and proportion as if the premises were taxable.This provision shall apply to all successors and assigns of Purchaser,who shall be required to enter into a PILOT Agreement with the same terms as set forth above,with the following exception: A natural person or persons who purchase two(2)or fewer condominiums or cooperative apartments on the Premises shall not be obligated to enter into a PILOT Agreement or make PILOT payments;such obligation shall arise upon the purchase of a third condominium or cooperative apartment by such natural person at any time. The PILOT agreement referred to herein shall be recorded concurrently with the Deed. 11. PURCHASE PRICE: The purchase price shall be$280,000.00,payable as follows: A. Purchaser shall pay the sum of$20,000.00 in certified U.S.funds at the time of closing. IURAICayGmSaleAgr-Parcel D AMENDED 6126109 -Page 3- 7 t B. Purchaser shall deliver to Seller,at closing,an executed promissory note and a mortgage(s) for the unpaid portion of the purchase price in a form acceptable to Seller.For the first twelve months after closing,interest shall accrue on the full outstanding balance at a rate of 5.5%per annum and be paid monthly.At the end ofthe twelve-month period,the principal balance shall be amortized over a period of nine years at an interest rate of 5.5%per annum. Additional principal payments equal to one twentieth(1/20)of the original loan amount shall be paid to Seller at the closing for any for-sale housing unit in consideration for releasing such housing unit from the mortgage. Purchaser shall pay all mortgage taxes. C. Seller agrees to subordinate its mortgage lien position to the Proj ect's primary lender(s),which shall be defined as any lender making a construction/permanent loan with an initial principal balance exceeding$260,000,except that such subordination shall not apply to any loan from individual members of Purchaser or any lender for which 15%or more of the lender's stock is owned by Purchaser or a member of Purchaser. III. DOCUMENTS: Seller is required to famish a warranty deed with lien covenant containing a description of the premises to be conveyed to Purchaser as shall be accepted and approved by Purchaser's attorney;tax searches;an instrument survey dated no less than six months prior to the closing; an abstract of title searched by a reputable title company at least forty years back to a warranty deed,all to the time of closing,all showing good and marketable title,free and clear of all j liens and encumbrances,except customary utility easements common to similar properties and other easements of record acceptable to Purchaser. Seller shall cause all required searches,documents and j certifications herein to be delivered to Purchaser's attorney at least fifteen(15)days prior to closing. Purchaser shall pay all closing costs(regardless of whether such costs are customarily paid by the seller),including,but not limited to,abstract fees,survey costs,recording fees,transfer tax,mortgage tax,fees for tax and other searches and certificates and Seller's legal fees. IV. ENVIRONMENTAL LIABILITY: A. It is hereby acknowledged by the parties that Seller has provided to Purchaser the Phase I Environmental Site Assessment prepared by the Chazen Companies,dated October 2002,and the Phase II Environmental Site Assessment prepared by The Chazen Companies, dated January 2003, which identify known or potential areas of contamination below an excavation depth of twelve feet below grade. B. The parties anticipate that,if there is no excavation deeper than eight feet below grade,the risk of uncovering or disturbing any potential environmental contaminants is minimal. C. Purchaser agrees to make best efforts to avoid any known contamination by designing the foundation of any structures on the Premises to avoid known areas of possible contamination and further agrees to reasonably attempt to avoid any environmental hot spots or contamination in the course of construction. Purchaser agrees to limit its construction on the Premises to a depth of no more than eight feet below grade,with the exception of piles which may be driven below eight feet(without excavation at depths greater than eight feet). D. Provided that Purchaser complies with the provisions of paragraph IV C above,and in the event that subsurface environmental contamination pre-existing the conveyance to Purchaser is discovered in the course of Purchaser's construction of buildings on the Premises in the areas of petroleum impact to, or contamination of, groundwater identified in the IURAICayGmSale4gr-Parcel D AMENDED 6126109 -Page 4- 5 Environmental Site Assessments referred to in paragraph(IV)(A)above,and further testing is required,Seller hereby agrees to reimburse Purchaser for the cost of any required testing and remediation of such environmental contamination,up to the amount of Fifty Thousand Dollars ($50,000.00). Purchaser shall supply reasonable documentation from qualified professionals showing the necessity, extent and cost of testing and remediation. This provision shall survive the closing. V. ADJUSTMENTS: All taxes and assessments are to be adjusted as of the date of closing. All assessments levied prior to the date of closing shall be paid by Seller at or prior to closing. VI. INSPECTION AND ACCESS TO PREMISES: Purchaser and its agents and representatives shall have the right of inspection of the Premises pursuant to this Agreement upon reasonable notice. VII. EXECUTION OF AGREEMENT: This offer to Seller contained herein shall be null and void if this Agreement is not executed by Purchaser and remitted to Seller within 30 days of execution by Seller. VIII. CLOSING: Closing shall not take place unless all Contingencies have been satisfied. Closing is to take place at the office of the Ithaca Urban Renewal Agency no later than August 31,2010,with time being of the essence. IX. ASSIGNMENT: Except as expressly permitted below, Purchaser shall not assign or otherwise transfer this Agreement or any part thereof or interest therein,or permit the same to be assigned or otherwise transferred. Seller acknowledges and agrees that Purchaser will assign this Agreement to an entity to be formed having the same principals as Cayuga Green II,LLC,upon submission to Seller of the following information: 1 A. The name and address of the assignee, its certificate of incorporation and by-laws if a corporation, or its articles of incorporation and operating agreement if a limited liability company. B. Identification of the assignee's Board of Directors,if any,Managing Member if any,and all persons or entities with 15%or more ownership interest in the assignee. 4 X. BINDING EFFECT OF AGREEMENT: This agreement shall be binding upon the heirs,executors, administrators,and assigns of the parties hereto. i PURCHASER: CAYUGA GREEN II,LLC f Dated: By: Bloomfield/Schon+Partners,LLC t Mem r By: y, re: itle: Managing Member,Bloomfield/Schon+ Partners,LLC IURAICayGrnSaleAgr-Parcel D AMENDED 6126109 -Page 5- SELLER: ITHACA ppURBAN RENEWAL AGENCY �/Ir9'tiLy� Dated: �_�r Zo a q By: /6 . Pu�- Name: Car K.Peterson Title: Chairperson I i 1 f z i i P i i Z IURAICayGmSaleAgr-Parcel D AMENDED 6126109 -Page 6- SCHEDULE A The below-described premises are designated as "Parcel D" in conformation with a survey map entitled"Boundary Map Showing Property Bounded North by East Green Street, South by East Clinton Street,West by South Cayuga Street and Southeast by Six Mile Creek,Designated for a Proposed Project `Cayuga Green at Six Mile Creek',City of Ithaca,Tompkins County,New York,"dated November 20,2003 and revised on December 5,2005 and January 2,2007,labeled as job number S02-530,prepared by T.G. Miller,P.C.,Engineers and Surveyors. Said map is hereinafter referred to as"the Survey Map." PARCEL D BEGINNING at a point in the northerly street line of East Clinton Street, which point is located 126.65 feet easterly along said street line from the intersection of the said street line with the easterly street line of South Cayuga Street; thence North 02 degrees 30 minutes 08 seconds West a distance of 33.50 feet to a point; thence North 87 degrees 29 minutes 52 seconds East a distance of 12.17 feet to a point; thence North 02 degrees 30 minutes 08 seconds West a distance of 24.70 feet to a point; thence South 87 degrees 29 minutes 52 seconds West a distance of 12.17 feet to a point; thence North 02 degrees 30 minutes 08 seconds West a distance of 242.50 feet to a point; thence North 87 degrees 35 minutes 39 seconds East a distance of 185.11 feet to a point; thence on a curve to the left,said curve having a chord bearing of South 48 degrees 20 minutes 47 seconds West,a chord distance of 28.36 to a point; thence on a curve to the left,said curve having a chord bearing of South 41 degrees 07 minutes 00 seconds West,a chord distance of 78.19 feet,a radius of 344.16 feet and an arc distance of 78.36 feet,to a point; thence on a curve to the left,said curve having a chord bearing of South 20 degrees 26 minutes 14 seconds West,a chord distance of 245.29 feet,a radius of 464.26 feet and an arc distance of 248.24 feet,to a point in the northerly street line of East Clinton Street; thence along the northerly street line of East Clinton Street South 87 degrees 35 minutes 39 seconds West a distance of 13.56 feet to the point of beginning,containing 0.496 acres of land. SUBJECT to the following: 1. Restrictive covenants running with the land, contained in a Deed from the Ithaca Urban Renewal Agency to the City of Ithaca dated July 13,1976 and recorded in said Clerk's Office on July 13,1977 in Liber 558 of Deeds at page 672. 2. Restrictive covenants running with the land, contained in a Deed from the Ithaca Urban Renewal Agency to the City of Ithaca dated July 13,1977 and recorded in said Clerk's Office on July 13,1977 IURAICayGrnSaleAgr-Parcel D AMENDED 6126109 -Page 7- in Liber 558 of Deeds at page 684. 3. A right of way reserved to the City of Ithaca to enter upon lands contained within the boundary lines of Six Mile Creek to make excavations,remove gravel and other material from the creek bed,erect walls and embankments,etc.,as granted by instrument of Salem Twist,et.al.dated August 8,1906 and recorded in the Tompkins County Clerk's Office on January 31, 1907 in Liber 166 of Deeds at page 163. 4. A right of way to the Grantor and the City of Ithaca across Parcel B and the 8 foot wide right of way along the northerly boundary of parcel D for access to Parcel C as shown on the Survey Map. 5. A right of way to the Grantor,its successors and assigns across Parcel B and the 8 foot wide right of way along the northerly boundary of Parcel D for access to Parcel E as shown on the Survey Map. 6. An easement to the City of Ithaca to maintain underground electric lines and conduits and an underground transformer for the benefit of Parcel A and Parcel C,along with the right to enter the Premises to maintain such lines and conduits. The location of the lines,conduits and transformer are shown on Sheet E-2 of the Construction Drawings for the Cayuga Garage,dated May 2,2003. The drawings show the transformer as above ground,but it was installed underground. 7. An easement to the City of Ithaca to maintain the existing telecommunications conduit and telecommunications line in the conduit within the above-referenced eight foot right of way,for the benefit of the City and Parcel A,along with the right to enter the Premises to maintain such conduit and cable. i 8. Right of way for ingress and egress conveyed by instrument by and between the Ithaca Urban Renewal Agency and D.M.Abbot Investors Corporation dated May 17, 1967 and recorded in said Clerk's Office in Liber 469 of Deeds at page 25. 9. A temporary construction and access easement granted to CommunityDevelopment Properties Ithaca, Inc.by instrument of Ithaca Urban Renewal Agency,dated of even date herewith,until June 1,2005 or until completion of construction of a parking garage on the premises shown as"Parcel A"on the 1 Survey Map,whichever date is sooner,for staging of construction equipment and supplies and access to and from said Parcel A. 10. Pedestrian ingress to and egress from the stairwell attached to the Cayuga Garage and East Clinton Street,as shown on the Survey Map. I TOGETHER WITH: 1. A right of way for ingress and egress conveyed by instrument by and between D.M.Abbott Investors Corp.and the Ithaca Urban Renewal Agency dated November 24,1967 and recorded in said Clerk's Office on January 21, 1969 in Liber 479 of Deeds at page 640. s 2. An easement in common with others over the premises shown as"Parcel B"on the Survey Map for '+.. ingress from and egress to South Cayuga Street. E The above described premises are SHOWN AS"Parcel D"on the Survey Map. IURAICayGrnSaleAgr-Parcel D AMENDED 6126109 -Page 8- i E2a TO: Members of the Planning & Economic Development Committee From: Leslie Chatterton, Neighborhood Planner RE: Neighborhood Improvement Incentive Fund DATE: October 14, 2010 Attached is an application for the Neighborhood Improvement Incentive Fund (NIIF) from residents of Utica Street pertaining to the neighborhood's annual block party held on August 29, 2010. The application has been submitted by Maria Costanzo, a neighborhood resident and an organizer of the event. This event has been held annually several years and is intended to promote a sense of community within the neighborhood. In past years the Neighborhood Improvement Incentive funds have supported celebrations in many city neighborhoods that focus attention on neighborhood empowerment and solidarity. Expenditures related to the event include food and compostable tableware, both of which meet criteria for reimbursement. Residents of the Utica Street neighborhood donated their time for promotion of the even, set up, and clean up. By putting together this event on behalf of the Utica Street neighborhood, the residents are furthering the aims of the fund to support resident initiatives that serve to strengthen city neighborhoods. E2b Planning & Economic Development Committee October 20, 2010 RESOLUTION: Request for Neighborhood Improvement Incentive Funds for the Utica Street Block Party, August 2010 WHEREAS, the City of Ithaca Common Council established the Neighborhood Improvement Incentive Fund in 1995 to provide financial assistance to city residents seeking to improve the quality of life in their neighborhoods, and WHEREAS, the fund is intended to support residents' interest in community improvement and to encourage, not replace volunteerism, and WHEREAS, the funds are intended to be used for projects or events that provide a general neighborhood benefit and not for the limited benefit of individuals or a select few residents, and WHEREAS, activities specified by the Council as eligible for the funding include but are not limited to items such as neighborhood clean-ups, planting in public places, and organizing neighborhood events like neighborhood block parties or meetings, and WHEREAS, neighborhood groups are required to submit a completed application specifying other project donations, estimated volunteer hours, estimated costs to be covered by the fund and signatures of residents in the immediate neighborhood, and WHEREAS, to streamline the process the Council has delegated authority to approve applications to the Planning & Economic Development Committee, and WHEREAS, each neighborhood group is eligible to receive up to $300 per year as a reimbursement award payable on the submission of original receipts or invoices for approved activities, and WHEREAS, the City cannot reimburse residents for sales tax expenses, and WHEREAS, an application has been submitted for reimbursement funds to off-set $181.45 in expenses from the Utica Street neighborhood's annual block party, and WHEREAS, while the event is sponsored by the Utica Street residents, notice was circulated throughout the neighborhood and the event provides opportunities for socializing with diverse groups residents; now, therefore, be it RESOLVED, that the Planning, and Economic Development Committee approves the funding request from Maria Costanzo, on behalf of the Utica Street neighborhood, for an amount not to $181.45 for reimbursement upon presentation of original invoices and/or receipts. E3a To: Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: October 13, 2010 RE: Proposal to Amend the Zoning District Boundaries of the B-4 and the CBD-60 Zoning Districts The purpose of this memo is to provide information regarding a proposal to rezone parcels 69.2- 20, 69.-2-1 and 69.-2-21. These parcels are currently located in the B-4 commercial zoning district. The B-4 zoning district has a height restriction of 40 feet and 4 stories. Given the City's desire to increase density in the downtown area, this restriction may unduly limit the development potential of this site. In addition, the B-4 zoning district allows for uses that staff believe are not appropriate at this location, such as motor vehicle sales and gas stations. The CBD-60 zoning district allows commercial and residential uses that are more in line with the City's downtown vision. Given the location of this property and the City's commitment to density in the downtown, it is the recommendation of the Planning staff that the City consider rezoning this property to CBD-60. This proposal was previously discussed by this committee at the September 15, 2010 meeting. At the committee's request, the environmental review for this action was circulated to the Planning Board, the Conservation Advisory Council, various City staff and departments, and the Tompkins County Planning Department. Enclosed are comments that have been received from County Planning Department. Also enclosed for your consideration are draft resolutions of lead agency, environmental significance and a draft ordinance to adopt the proposed zoning amendment. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. E3b Draft Resolution October 13, 2010 Adoption of an Amendment the Municipal Code of the City Of Ithaca, Chapter 325, Entitled "Zoning" To Amend the Zoning District Boundaries of the B-4 and the CBD-60 Zoning Districts— Declaration of Lead Agency for Environmental Review 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 Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the zoning district designation parcels 69.-2-20, 69.-2-1 and 69.-2-21 from B-4 to CBD-60. E3c Draft Resolution November 11, 2009 Adoption of an Amendment the Municipal Code of the City Of Ithaca, Chapter 325, Entitled "Zoning" To Amend the Zoning District Boundaries of the B-4 and the CBD-60 Zoning Districts— Determination of Environmental Significance WHEREAS, the City of Ithaca is considering a proposal to amend the zoning district designation of parcels 69.-2-20, 69.-2-1 and 69.-2-21 from B-4 to CBD-60.CBD-60, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239-1—m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an "Unlisted" Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Short Environmental Assessment Form, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. E3d CITY SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information: To be completed by applicant or project sponsor. 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Proposal to Amend the CBD-60 Zoning District 3. Project Location: Tax Parcel 69.2-20, 69.-2-1, 69.-2-21 4. Is Proposed Action: ❑ New ❑ Expansion ❑ Modification/Alteration 5. Describe project briefly: A rezoning of Tax Parcels 69.2-20, 69.-2-21 and 69.-2-1 from B-4 to CBD-60 6. Precise Location (Road Intersections, Prominent Landmarks, etc. or provide map) 404-406 East MLK/State Street, 126-34 Seneca Way, and 142-56 Seneca Way in the City of Ithaca 7. Amount of Land Affected: Initially 1.1 Acres or Sq. Ft. Ultimately 1.1 Acres or Sq. Ft. 8. Will proposed action comply with existing zoning or other existing land use restrictions? ❑ Yes X No If No, describe briefly: The action being evaluated is an amendment to the zoning boundaries 9. What is present land use in vicinity of project: Residential ❑ Industrial ❑ Agricultural ❑ Parkland/Open Space X Commercial ❑ Other Describe: 10. Does action involve a permit/approval, or funding, now or ultimately, from governmental agency (Federal, State or Local):X Yes ❑ No If Yes, List Agency Name and Permit/Approval Type: Common Council Approval 11. Does any aspect of the action have a currently valid permit or approval? ❑ Yes X No If Yes, List Agency Name and Permit/Approval Type: 12. As a result of proposed action will existing permit/approval require modification? ❑ Yes X No I certify that the information provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: DATE: September 22, 2010 PREPARER'S TITLE: Economic Development Planner REPRESENTING: City of Ithaca E3d SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use currently available information concerning the project and the likely impacts of the action. Name of Project: Proposal to Amend the CBD-60 Zoning District Yes No 1. Will project result in a large physical change to the project site or physically alter more ❑ ✓ than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any ❑ ✓ site designated a unique natural area or critical environmental area by a local or state agency? 3. Will the project alter or have any effect on an existing waterway? ❑ V/ 4. Will the project have an impact on groundwater quality? ❑ ✓ 5. Will the project affect drainage flow on adjacent sites? ❑ V/ 6. Will the project affect any threatened or endangered plant or animal species? ❑ I/ 7. Will the project result in an adverse effect on air quality? ❑ ✓ 8. Will the project have an effect on visual character of the community or scenic views or ❑ ✓ vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic, pre-historic, or ❑ ✓ paleontological importance or any site designated a local landmark or in a landmark district? 10. Will the project have an effect on existing or future recreational opportunities? ❑ ✓ 11. Will the project result in traffic problems or cause a major effect to existing ❑ ✓ transportation systems? 12. Will the project cause objectionable odors, noise, glare, vibration, or electrical ❑ ✓ disturbance as a result of the project's operation during construction or after completion? 13. Will the project have any impact on public health or safety? ❑ ✓ 14. Will the project affect the existing community by directly causing a growth in ❑ ✓ permanent populations of more than 5 percent over a one-year period OR have a negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? ❑ ✓ If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE: DATE: PREPARER'S TITLE: Economic Development Planner REPRESENTING: City of Ithaca He An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning" To Amend the CBD-60 and B-4 Zoning District The ordinance to be considered shall be as follows: ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED "ZONING" TO AMEND THE CBD-60 AND B-4 ZONING DISTRICT. BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation of Tax Parcels #69.-2-20, 69.-2-1, and 69.-2-21 from B-4 to CBD-60. Section 2. Effective Date. This Ordinance shall take effect immediately and in accordance with law after publication of notice as provided in the Ithaca City Charter. Tompkims County DEPARTMENT OF PLANMNG ktb tI"aa.w urk 14650 Cura m iss i ev u)f PI.tnsziu;E Ak Tel, and Public Works Septernbex N, 2010 'iris._ atmvfier Ku!3. r. E- no-nita` Dc:vdopmont 1?Iarmtr City of Ithaca L 4 8 East+cretin Safi# Ithaca, NY 14950 Re Rit -W Pursuant to 4239 -1 smd -ray oftke New York Mate Ctmeraxl ftunici Action, ProposW to Rend (be 4CBD-60 Zoning Dis,triet"rax Far] No. 69.4- 10,. Appllcan$, Cite of ItlsA-C:a Max Ms, least. his letter acknowledges your areferr-.aL ol`ihc proposal ideatified above for review and co Tawpk€ ns County Planning epwrat,-rnt-pLimarant to 2-19 -1 and -m of the New York S12 Law. The zrftr*c�n1 has 1r4 viewed the p q�n1, sq submittred and 'h$-:, determmed that i cornmunity,or covnly-amide imp rr_ The Departrmnt offem the faJ tnv ing corn ment regudirig Lhe pmposed prqjacl whielh is i racanmTwndatian under Gerjoml Municipal Lam' 039 -1 and -= 4 Any redevelopment p Ion for this site Sril l need tD address the difficutt mess W Sew p C- rian CrCkSSlng tO EZSt StaW Ste. Please inform us of your id�.is-ion so that we-can make it a part oaf Itc pond. ward C. Maix, AICV COJEUM5SAJECr of FlanniRg a114 F1b To: Planning & Economic Development Committee From: Megan Gilbert, Planner Date: October 14, 2010 RE: Collegetown Overlay Zone— Height Incentive District The Collegetown Zoning Working Group has met since February 2009 to evaluate the zoning proposals set forth in the "2009 Collegetown Urban Plan & Conceptual Design Guidelines." In addition to the form-based code, the plan recommended the creation of an incentive zone to help realize difficult-to-achieve components of the Collegetown vision. More specifically, the proposed incentive zone is intended to promote the following goals: A. To encourage development that would increase year-round activity in the MU district. B. To encourage the use of public transit through the provision of enhanced transit facilities. C. To encourage developers to rehabilitate existing structures, bringing them up to current building codes, thereby improving life/safety conditions. D. To encourage developers to restore historic structures. E. To encourage developers to restore multi-family structures in peripheral neighborhoods to traditional single family, owner-occupied dwellings. The proposed "Collegetown Overlay Zone — Height Incentive District" would allow a property owner within the district to exceed the maximum as-of-right building height (6 stories or 65 feet) with a building of up to 7 stories or 77 feet in exchange for the provision of a specified community benefit. Using the "Collegetown Vision Statement" and the "2009 Collegetown Urban Plan & Conceptual Design Guidelines" as references, the Collegetown Zoning Working Group has identified several community benefits that will help realize the City's goals for Collegetown. These proposed community benefits include': A. Provision of a use that will bring people into Collegetown throughout the calendar year, including: (1) A hotel (2) At least one story of Class A office space (3) At least one story of non-academic research and development space (4) Other uses that will bring people into Collegetown throughout the calendar year as determined by the Planning & Development Board B. Incorporation of a high-quality transit hub within the building footprint C. Improvements to an off-site development within the Collegetown Study Area, including A detailed list of proposed community benefits and their requirements can be found in§325-12,Authorization and Minimum Requirements,of the draft ordinance. (1) Full rehabilitation of an existing property (2) Historic restoration of an existing property. (3) Return of multi-family housing in peripheral neighborhoods to single- family, owner-occupied use In order to receive the height incentive, the property must be located within the proposed incentive zone, as shown on the map entitled "Proposed Collegetown Overlay Zone — Height Incentive District (COZ-HI)," and the property owner must submit a written proposal to the Planning and Development Board, as a part of the Site Plan Review process. Approval of any height incentive shall be conditioned on any necessary approvals associated with the project's proposed community benefit. If you have any questions or comments regarding any of this information, please contact me at 274-6560. F1b An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled "Zoning" To Establish the Collegetown Overlay Zone Heiqht Incentive District (COZ-HI) The ordinance to be considered shall be as follows: ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED "ZONING" TO ESTABLISH THE COZ-HI ZONING DISTRICT. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Sections 325-4 and 325-5 of the Municipal Code of the City of Ithaca be amended to create a new overlay zone to be known as the Collegetown Overlay Zone Height Incentive District (COZ-HI) Section 1. Declaration of Legislative Findings and Purpose With the endorsement of the "2009 Collegetown Urban Plan & Conceptual Design Guidelines," the Common Council identified several goals to create an "outstanding urban environment" in Collegetown. Several aspects of the envisioned environment already exist; others will be more difficult to realize without incentive. The City's goals for Collegetown include: • To further diversify the Collegetown population to include a greater number of employees and residents whose presence is not dependent on the academic calendar • To sustain a thriving, year-round Collegetown business district • To encourage strong residential areas to the east and west of the Mixed Use (MU) District with a mix of owner-occupants and students • To promote a convenient public transportation system, thus reducing traffic congestion and parking demand The "2009 Collegetown Urban Plan & Conceptual Design Guidelines" recommends the adoption of an incentive zone to address these desirable but difficult-to-achieve goals. Pursuant to § 81- d of the New York State General City Law, the Common Council is authorized to "provide for the granting of incentives, or bonuses" for the purpose of advancing "the city's specific physical, cultural and social policies in accordance with the city's comprehensive plan and in coordination with other community planning mechanisms or land use techniques." The Common Council finds that the establishment of the COZ-HI Ordinance will advance the City's physical, cultural and social policies for Collegetown as specified in the "2009 Collegetown Urban Plan & Conceptual Design Guidelines." Section 2. Chapter 325, Sections 325-4 and 325-5 of the Municipal Code of the City of Ithaca is hereby amended to create an overlay zone in areas located in the proposed MU district to be entitled Collegetown Overlay Zone Height Incentive District, the boundaries of which are shown on the map entitled "Proposed Collegetown Overlay Zone Height Incentive District (COZ-HI)." Section 3. Chapter 325, of the Municipal Code of the City of Ithaca is hereby amended to add a new Article entitled Collegetown Overlay Zone Height Incentive District(COZ-HI), to be inserted as Chapter 325, Article IV, and all subsequent articles and sections shall be hereby renumbered accordingly. Article IV Collegetown Overlay Zone Height Incentive District(COZ-HI), shall read as follows: /325-11. Purpose and Intent. In accordance with § 81-d of the General City Law of the State of New York, this article authorizes the Planning and Development Board, during the process of Site Plan Review pursuant to Chapter 276, Site Plan Review, of the Code, to make allowances for buildings to exceed the maximum allowable height of the MU district in exchange for the provision of an approved community benefit, subject to the limitations contained in this section. COZ-HI height incentives may be approved in order to promote the following purposes: F.To encourage development that would increase year-round activity in the MU district. G.To encourage the use of public transit through the provision of enhanced transit facilities. H.To encourage developers to rehabilitate existing structures, bringing them up to current building codes, thereby improving life/safety conditions. I. To encourage developers to restore historic structures. J.To encourage developers to restore multi-family structures in peripheral neighborhoods to traditional single family, owner- occupied dwellings. /325-12. Authorization and Minimum Requirements. The Planning and Development Board is authorized, upon petition by an applicant for site plan approval, to approve construction of buildings that exceed the maximum allowable height of the MU district up to a maximum of 77' or 7 stories, for buildings located within the boundaries of the COZ- HI, in accordance with the following process: A. An applicant must submit a proposal to the Planning and Development Board, which delineates the benefit(s) that the project will provide to the community in exchange for the additional height. In order to be considered for approval of additional height, the applicant must provide at least one of the following community benefits: 2. Approved Community Benefits A. The development provides a use that will bring people into Collegetown throughout the calendar year. Acceptable Uses include: • A Hotel • At least one story of Class A office space (Class A office space is assumed to be high quality office space with high quality finishes, state of the art systems, and exceptional accessibility). • At least one story of non-academic research and development space • Other uses that will bring people into Collegetown throughout the calendar year as determined by the Planning & Development Board B. The development incorporates a high-quality transit hub within its building footprint at a location acceptable to the appropriate decision-making body. C. The developer makes improvements within the Collegetown Study Area but off the development site. These improvements must be approved by the Planning and Development Board and may include: • Full rehabilitation of an existing property, including life-safety improvements to bring the building up to current building code and aesthetic improvements to make the building a neighborhood asset. • Historic restoration of an existing property. • Return of multi-family housing in peripheral neighborhoods to single-family, owner-occupied use. This option requires a deed restriction stating that for a period of twenty-five years the property shall be occupied by at least one of the owners. /325-13. Approval Process In order to be granted approval for the additional permitted height associated with properties located within the boundaries of the COZ-HI, an applicant must submit a written proposal to the Planning and Development Board, as a part of the Site Plan Review process. Approval of the COZ-HI height incentives shall be conditioned on any necessary approvals associated with the proposed benefit(s) of the project. No Certificate of Occupancy shall be granted prior to the completion of the proposed community benefits. No Certificate of Occupancy shall be granted if modifications to the proposed benefits are completed without the approval of the Planning and Development Board. Section 4. The Official Zoning Map of the City of Ithaca, New York of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code is hereby amended as follows: The zoning district designation for portions of certain tracts of land shall now include the Collegetown Overlay Zone-Height Incentive District (COZ-HI), which will include the following tax parcels: 63.-6-14; 68.-4-6; 64.-10-17.2; 64.-10-18; 64.-10-19; 64.-10-20; 64.-10-21; 64.-10-1; 64.-10-2; 64.-10-3; and portions of parcels 63.-6-8, 68.-4-3, and 64.-10-15, as indicated on the map entitled "Proposed Collegetown Overlay Zone-Height Incentive District(COZ-HI)" dated October 2010. Section 5. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter.