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11-16-11 Planning & EDC Meeting Agenda
MEETING NOTICE City of Ithaca Planning & Economic Development Committee Wednesday, November 16, 2011 — 7:00 p.m. Common Council Chambers, City Hall, 108 East Green Street A. Agenda Review B. Special Order of Business 1. Public Hearing — Amendment to Design Review Ordinance 2. Public Hearing — Amendment to Landmarks Ordinance 3. Public Hearing — Amendment to Zoning Notification Procedures C. Public Comment and Response from Committee Members D. Announcements, Updates and Reports 1. Workforce Diversity Report— Greater Ithaca Activities Center 2. Workforce Diversity Report — Ithaca Fire Department 3. Comprehensive Plan Update 4. Intermunicipal Planning Efforts E. Action Items 1. Amendment to Cayuga Green Purchase and Sale Contract (extension and change in use to include first floor office) (background materials, resolution) 2. Amendment to Design Review Ordinance (11/9 memo, map, lead agency resolution, SEAF, SEQR resolution, and 3 ordinances (Chapters 160, 272, and 325)) 3. Approval to Circulate -- Response to Hydrofracking: Amendment to Zoning Code Industrial Definitions (memo, ordinance) 4. Approval to Circulate — Amendment to Zoning Code Parking Regulations (materials to be distributed) F. Discussion Items 1. Amendment to Zoning Notification Procedures 2. Amendments to Regulation of Chickens (ordinance, letter from Buffalo Common Council) G. Approval of Minutes H. Adjournment Questions about the agenda should be directed to Jennifer Dotson, Chairperson, (idotson(c'Dcityofithaca.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, November 15, 2011. Planning & Economic Development Committee City of Ithaca Common Council Proposed Resolution November 16, 2011 Cayuga Green Project, Approval of 3rd Amendment to Purchase and Sale Contract for Parcel `D' Whereas, Cayuga Green II LLC, has submitted revised, preliminary plans for construction of a 6- story, 35-unit rental housing project with ground floor commercial use at parcel 'D' (tax map parcel #81.-2-4), located adjacent to the Cayuga Garage, that are consistent with the original design goals for the Cayuga Green project, and Whereas, the Purchase and Sale Contract between the IURA and Cayuga Green II, LLC obligates the purchaser to undertake a project "anticipated to consist of construction of no less than 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" (emphasis added), and Whereas, the City Attorney has determined that the proposed inclusion of ground floor commercial use into the housing project requires Common Council approval to comply with the terms of the Purchase and Sale Contract, and Whereas, per correspondence dated November 7, 2011, Cayuga Green II, LLC, requests approval to authorize inclusion of a commercial ground floor use with the proposed housing project and a 180-day extension of the purchase and sale contract to June 30, 2012, and Whereas, the existing Purchase and Sale Contract requires the purchaser to satisfy the following contingencies prior to December 31, 2011: 1. Submit proof of final site development plan approval; 2. Submit proof of issuance of a building permit for the project; 3. Submit proof that all project financing has been secured to complete the project, and Whereas, the City previously amended the original Purchase and Sale Contract in 2009 to allow construction of rental housing units as well as for-sale housing units and to extend the term of the agreement by 12 months to June 30, 2010, and approved a second amendment in 2010 to modify the parcel boundaries to satisfy building code-required building separation distances and extend the term of the agreement to December 31, 2011 to allow the purchaser to pursue project financing through the HUD 221(d) Insured Mortgage Financing program, and Whereas, the principals of Cayuga Green II, LLC, have 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, but find the New York State process much more extensive and lengthy because their project would be the first HUD 221(d) project in the Ithaca housing market, and 1 Whereas, the purchaser is continuing to complete the HUD 221(d) process but is uncertain that a written loan commitment will be received by December 31, 2011, and Whereas, the purchaser is additionally seeking conventional financing from private lenders now that lenders are re-entering the rental housing financing market and an independent downtown Ithaca housing demand study suggests there is a robust demand for downtown housing at all price points, and Whereas, Cayuga Green II, LLC, seeks no property tax abatements for this market-rate project, and Whereas, the City 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, under §507 of Article 15 of General Municipal Law, the Ithaca Urban Renewal Agency's proposed disposition of real property requires Common Council approval following a public hearing, and Whereas, a public hearing on the proposed amendment to the Purchase and Sale Agreement is scheduled before the Common Council on November 30, 2011, and Whereas, the purchase and sale contract for parcel 'D' and site plan review for a proposed 7- story housing project at parcel `D' were the subject of environmental reviews under the City Environmental Quality Review Ordinance (CEQRO) pursuant to which 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 revised 6-story project with ground floor commercial use and the action of approving the proposed 3rd amendment to the Purchase and Sale Contract for parcel 'D' are no less protective of the environment than the previously-approved Contract and site plan, therefore requiring no additional environmental review; now, therefore, be it Resolved, that the City of Ithaca Common Council hereby approves a 3rd amendment to the Purchase and Sale Contract with Cayuga Green II LLC for Parcel 'D' (tax map parcel #81.-2-4) to: 1. authorize inclusion of a ground floor commercial use in addition to construction of at least 30 rental and/or for-sale housing units on Parcel 'D' of the Cayuga Green project, and 2. Extend the purchaser's deadlines to secure final site plan approval, project financing and issuance of a building permit to June 30, 2011. j:\staff\nels\iura\city\cayuga green\phase ii\property dispositions\parcel d\reso p&ed 3rd amend of p&s-parcel d cayuga green-11-16- 11.doc 2 CAYUGA GREEN, LLC 660 LINCOLN AVENUE, SUITE 303 CINCINNATI, OHIO 45206 (513) 241-6363 FAx: (51 3) 241-6636 November 7,2011 Mr. Nels Bohn Ithaca Urban Renewal Agency Ithaca City Hall 108 E. Green Street Ithaca,New York 14850 Nels, Please find this as our formal request to revise our purchase agreement for the above named property. We would like to have the flexibility to install commercial tenants on the first floor.We are currently working with an office tenant who would like 5,000sf,leaving 3,500sf for another user. Additionally,we request a time extension of six months in order to finalize leases and financing for the project. 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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 Schedule A attached hereto (hereinafter "the Premises") on November 19, 2007, and the parties executed a first amendment of the Purchase and Sale Contract on July 17, 2009 (hereafter the "First Amendment"); and i WHEREAS, the Purchaser requested a further extension of the time frame for satisfaction of the contingencies set forth in the Prior Agreement and the First Amendment due to difficulty in securing project financing; and WHEREAS, initial plans to build the project adjoining the Cayuga garage have been modified to provide a 10-foot horizontal separation distance between the buildings, in order 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, Cayuga Green II, LLC has submitted revised, preliminary plans for construction of a 7-story, 39-unit rental housing project on parcel"D"that are consistent with the original design goals for the Cayuga Green project; WHEREAS, the Purchaser's above-referenced request was approved by the IURA by resolution adopted on September 23, 2010 and by the Common Council by resolution adopted "I November 3, 2010; NOW, THEREFORE, the parties, agree to modify the Prior Agreement and the First Amendment and replace it with the terms set forth in this Agreement: I. AGREEMENT TO SELL AND PURCHASE. SELLER agrees to sell the Premises to PURCHASER to 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. II. CONTINGENCIES. This Agreement shall be subject to the following contingencies to 1 be met by PURCHASER: No later than December 31, 2011, 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 of no 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; B. Proof of issuance of a building permit for the Project; however, Purchaser may extend the date to satisfy this contingency for an additional 120 days, provided that Purchaser has obtained final site development plan approval for the Project; C. Proof that all project financing has been secured to complete the project. III. PARKING A. 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: 1. Purchaser shall submit plans for installing any entrances to Seller. 2. Seller's written consent, which shall not be unreasonably withheld, conditioned or delayed, and shall be contingent upon and subject to the following conditions: a. 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; b. 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; C. 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; d. Approval of the exact location of such entrances by CDP as set forth in the Air Rights Lease, which approval shall not be unreasonably withheld. e. 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. B. If Purchaser does not obtain the consents referred to in paragraph III(A)(2) above, Purchaser shall have the right to terminate this Agreement and Purchaser shall have no liability to the Seller. 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. Paragraph III 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. IV. PARKING GARAGE. 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. V. TIME OF THE ESSENCE. 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. VI. NO ABATEMENTS. 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, i 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. VII. 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. 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 of the 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 Project'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. VIII. DOCUMENTS: Seller is required to furnish 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 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 4 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. IX. 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 IX 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 Environmental Site Assessments referred to in paragraph IX 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. X. 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. XI. INSPECTION AND ACCESS TO PREMISES: Purchaser and its agents and representatives shall have the right of inspection of the Premises pursuant to this 5 Agreement upon reasonable notice. XII. 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. XIII. CLOSING: Closing shall not take place until all Contingencies have been satisfied. Closing is to take place at the office of the Ithaca Urban Renewal Agency no later than February 28, 2012. XIV. 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: 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. XV. BINDING EFFECT OF AGREEMENT: This agreement shall be binding upon the heirs, executors, administrators, and assigns of the parties hereto. PURCHASER: CAYUGA GREEN II, LLC By: Bloomfield/Schon+Partners, LLC, Member Dated: /d / I/ By: ame: Title: Managing Member, Bloomfield/Schon+Partners, LLC SELLER: ITHACA URBAN RENEWAL AGENCY Dated: 10 L- 11 By: cllltvrFgh Nbhne: Carolyn K. Peterson Title: Chairperson F Planning & Economic Development Committee City of Ithaca Common Council Proposed Resolution November 16, 2011 Cayuga Green Project, Approval of 3rd Amendment to Purchase and Sale Contract for Parcel `D' Whereas, Cayuga Green II LLC, has submitted revised, preliminary plans for construction of a 6- story, 35-unit rental housing project with ground floor commercial use at parcel 'D' (tax map parcel #81.-2-4), located adjacent to the Cayuga Garage, that are consistent with the original design goals for the Cayuga Green project, and Whereas, the Purchase and Sale Contract between the IURA and Cayuga Green II, LLC obligates the purchaser to undertake a project "anticipated to consist of construction of no less than 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" (emphasis added), and Whereas, the City Attorney has determined that the proposed inclusion of ground floor commercial use into the housing project requires Common Council approval to comply with the terms of the Purchase and Sale Contract, and Whereas, per correspondence dated November 7, 2011, Cayuga Green II, LLC, requests approval to authorize inclusion of a commercial ground floor use with the proposed housing project and a 180-day extension of the purchase and sale contract to June 30, 2012, and Whereas, the existing Purchase and Sale Contract requires the purchaser to satisfy the following contingencies prior to December 31, 2011: 1. Submit proof of final site development plan approval; 2. Submit proof of issuance of a building permit for the project; 3. Submit proof that all project financing has been secured to complete the project, and Whereas, the City previously amended the original Purchase and Sale Contract in 2009 to allow construction of rental housing units as well as for-sale housing units and to extend the term of the agreement by 12 months to June 30, 2010, and approved a second amendment in 2010 to modify the parcel boundaries to satisfy building code-required building separation distances and extend the term of the agreement to December 31, 2011 to allow the purchaser to pursue project financing through the HUD 221(d) Insured Mortgage Financing program, and Whereas, the principals of Cayuga Green II, LLC, have 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, but find the New York State process much more extensive and lengthy because their project would be the first HUD 221(d) project in the Ithaca housing market, and 1 Whereas, the purchaser is continuing to complete the HUD 221(d) process but is uncertain that a written loan commitment will be received by December 31, 2011, and Whereas, the purchaser is additionally seeking conventional financing from private lenders now that lenders are re-entering the rental housing financing market and an independent downtown Ithaca housing demand study suggests there is a robust demand for downtown housing at all price points, and Whereas, Cayuga Green II, LLC, seeks no property tax abatements for this market-rate project, and Whereas, the City 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, under §507 of Article 15 of General Municipal Law, the Ithaca Urban Renewal Agency's proposed disposition of real property requires Common Council approval following a public hearing, and Whereas, a public hearing on the proposed amendment to the Purchase and Sale Agreement is scheduled before the Common Council on November 30, 2011, and Whereas, the purchase and sale contract for parcel 'D' and site plan review for a proposed 7- story housing project at parcel `D' were the subject of environmental reviews under the City Environmental Quality Review Ordinance (CEQRO) pursuant to which 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 revised 6-story project with ground floor commercial use and the action of approving the proposed 3rd amendment to the Purchase and Sale Contract for parcel 'D' are no less protective of the environment than the previously-approved Contract and site plan, therefore requiring no additional environmental review; now, therefore, be it Resolved, that the City of Ithaca Common Council hereby approves a 3rd amendment to the Purchase and Sale Contract with Cayuga Green II LLC for Parcel 'D' (tax map parcel #81.-2-4) to: 1. authorize inclusion of a ground floor commercial use in addition to construction of at least 30 rental and/or for-sale housing units on Parcel 'D' of the Cayuga Green project, and 2. Extend the purchaser's deadlines to secure final site plan approval, project financing and issuance of a building permit to June 30, 2011. j:\staff\nels\iura\city\cayuga green\phase ii\property dispositions\parcel d\reso p&ed 3rd amend of p&s-parcel d cayuga green-11-16- 11.doc 2 4DCITY OF ITHACA 108 East Green Street—3rd Floor Ithaca,New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING&DEVELOPMENT PHYLLISA A. DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559 Email: planning@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning & Economic Development Committee From: Megan Wilson, Planner Date: November 9, 2011 RE: Proposal to Adopt the City of Ithaca Design Review Ordinance After the October Planning & Economic Development Committee meeting, the proposed City of Ithaca Design Review Ordinance was circulated for comment. The following revisions have been made since the October meeting: • In response to a question raised at the October meeting, staff determined that it is not required to renumber all subsequent articles and sections upon the repeal of the existing design review legislation in §325-41. Section 1 of the proposed ordinance has been revised to reserve §325-41 for future use and maintain the existing numbering of all subsequent articles and sections. • The "2009 Collegetown Study Area" has been changed to "2009 Collegetown Planning Area" to be consistent with the "2009 Collegetown Urban Plan & Conceptual Guidelines." The map accompanying the proposed ordinance has also been revised to reflect this change. In addition to the proposed design review ordinance, ordinances to amend Section 6 of Chapter 272, Signs, or Sections 10 and 46 of Chapter 325, Zoning, have also been proposed. These ordinances update references to design review within these chapters but do not make substantive changes to the content of the chapters themselves. No revisions have been made to these ordinances since the October meeting. Staff will attend the Planning & Economic Development Committee meeting on Wednesday, November 16, 2011 to provide further information and answer any questions. The proposed ordinances and environmental review are enclosed. If you have any questions or comments, please contact Megan Wilson at mwilson@cityofithaca.org or 274-6560. 1 2009 Collegetown Urban Plan & Conceptual Design Guidelines Planning Area E 0 � Q L v o. r E B FFALO ST w U) -i E SENECA ST � � D F COOK ST LIJ O p � m I n D O�'ir Q 2009 Collegetown Study Area 1�2� sT Waterway N 0 125 250 500 750 Feet -o Parcels November 2011 Proposed Resolution Planning & Economic Development Committee November 16, 2011 An Ordinance to Amend the Municipal Code of the City of Ithaca to Add Chapter 160, "Design Review"—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 adoption of the "City of Ithaca Design Review Ordinance" is an "Unlisted"Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore,be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Code to add a new chapter, Chapter 160, "Design Review." JAGROUPS\Planning and Econ Dev Committee\2011 Planning and Economic Development Committee\11 November\E2 lead agency resolution.doc 11/10/11 pF1� vCITY SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) Project Information: To be completed by applicant or project sponsor. 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Adoption of the "City of Ithaca Design Review Ordinance" and Adoption of Two Related Ordinances to Update Code References in Chapter 272 and Chapter 325 3. Project Location: City of Ithaca 4. Is Proposed Action: X New O Expansion O Modification/Alteration 5. Describe project briefly: • Repeal of Section 41, Design Review, of Chapter 325, Zoning of the Municipal Code. • Continuation of mandatory non-binding design review for certain proposals (identified in the proposed legislation) in specifed zoning districts throughout the City, as previously included under §325-41, Design Review. • Establishment of mandatory non-binding design review for certain proposals in the WF-1 and WF-2 zoning districts and on any parcel in the 2009 Collegetown Study Area. • Establishment of limited and full design review procedures. • Related updates of§272-6, Signs Permitted in All Districts, §325-10, Accessory Apartments, and §325-46, Review of Construction,Demolition, and Alteration, to provide correct references to the Design Review Ordinance 6. Precise Location(road intersections, prominent landmarks, etc., or provide map): city-wide 7. Amount of Land Affected: Initially: 61 Sq. Miles Ultimately: 61 Sq. Miles 8. Will proposed action comply with existing zoning or other existing land use restrictions? X Yes O No If no, describe briefly: 9. What is present land use in vicinity of project: X Residential X Industrial O Agricultural X Parkland/Open Space X Commercial O Other Describe: 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency (federal/state/local): Cl Yes X No If yes, list agency name and permit/approval type: JAprojects\collegetown vision design review\non-binding revision\environmental review\design review serf form_10_20 2011.doe 11. Does any aspect of the action have a currently valid permit or approval? O Yes X No If yes, list agency name and permit/approval type: 12. As a result of proposed action, will existing perinit/approval require modification? O Yes X No I certify the information provided above is trite to the best of my knoivledge. PREPARER'S SIGNATURE: " r v_tv �_ DATE: 10/20/11 f PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca jiprojectskollegetown visiotMesign review\non-binding revision\environmental reviewldesign review seaf fonn_t0_20_201 Ldoc SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff In order to answer the questions in this Short Enviromnental Assessment Fortn(SEAF),the preparer is to use currently available information concerning the project and the likely im acts of the action. ame of Project: Adoption of the "City of Ithaca Design Review Ordinance" and Adoption of Two Related Ordinances to Update Code References in Chapter 272 and Chapter 325 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 11 . 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? ❑ , 4. Will the project have an impact on groundwater quality? ❑ 5. Will the project affect drainage flow on adjacent sites? ❑ 6. Will the project affect any threatened or endangered plant or animal species? ❑ 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 trade 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: �.r-,� x?� DATE: 10/20/11 PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca Proposed Resolution Planning & Economic Development Committee November 16, 2011 An Ordinance to Amend the Municipal Code of the City of Ithaca to Add Chapter 160, "Design Review"—Determination of Environmental Significance WHEREAS, the City of Ithaca is considering an amendment to the Municipal Code in order to add a new chapter, Chapter 160, "Design Review," and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form(SEAF), dated October 20, 2011, and WHEREAS, the proposed 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, dated October 20, 2011, 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. 11/9/11 An Ordinance Amending The Municipal Code Of The City Of Ithaca to Add Chapter 160, Entitled "Design Review" WHEREAS, the City's existing design review legislation is part of Chapter 325, Zoning, of the Municipal Code and provides for an advisory, non-binding review process, and WHEREAS, the proposed City of Ithaca Design Review Ordinance would repeal the existing design review legislation and establish an advisory, non-binding review process in a new chapter of the Municipal Code, and WHEREAS, the proposed Design Review Ordinance would improve the efficiency of the review process for applicants and staff, and WHEREAS, a public hearing on the proposed Design Review Ordinance was held on November 16, 2011, and appropriate environmental review of the proposed zoning has been completed; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: 'Ohio. ORDINANCE NO. Section 1. Section 41 of Chapter 325, Zoning, of the Municipal Code of the City of Ithaca is hereby repealed an, will appear within the Deleted:, and all subsequent Municipal Code as "Reserved." articles and sections shall be hereby renumbered accordingly. Section 2. A new chapter (Chapter 160) entitled "Design Review", is hereby added to the Municipal Code of the City of Ithaca, to read as follows: § 160-1. Title. This chapter_ shall be known and may be cited as the "City of Ithaca Design Review Ordinance." § 160-2. Purpose and Intent. A. This section is intended to promote the general public welfare by: 1. Promoting desirable urban growth and development; 2. Promoting excellence of architectural and urban design; 3. Preserving and enhancing community resources such as historic architecture and neighborhood character; 4. Achieving compatibility with adjacent properties. B. The intent of this chapter is to provide for the review of plans for construction, exterior alterations, additions, or Page 1 of 5 11/9/11 demolition of structures in certain zones of the City or under certain conditions, which zones and conditions are hereby deemed special in nature in terms of architectural character, intensity of existing use and development, sensitivity to the effect of change in use, or other reason. § 160-3. Definitions. A. Definitions of specific terms or words as used in this chapter shall conform to the _ definitions of the same terms in the Site Plan Review Ordinance, Chapter 276, §276-2, and the Zoning Ordinance, Chapter 325, §325-3. B. In addition to the definitions in Chapter 276 and Chapter 325, the following terms shall be used in this chapter as they are defined in this section: yry MANDATORY DESIGN REVIEW The required review of plans for construction, exterior alterations, additions, or demolition of structures § 160-4. Applicability. Mandatory design review shall apply to all proposals for: A. New construction, exterior alterations, addition or removal of exterior signs, or additions to any structure within the zones designated B-lb; B-2c; B-2d; all CBD zones, including CBD-60, CBD-85, CBD-100, and CBD- 120; C-SU; WF-1; WF-2; and on any parcel within the 2009 Collegetown Planning Area as Deleted:stuay designated on the map entitled "2009 Collegetown Urban Plan & Conceptual Design Guidelines Manning Area," dated November Deleted:study 2011, a copy of which is on file in the Deleted:October Ithaca City Clerk's Office. B. New construction, exterior alterations, or additions to any structure 60 feet in height or greater in any zone. C. Demolition of any primary structure within any zone, and demolition of any portion of any structures within the zones designated B-1b; B-2c; B-2d; all CBD zones, including CBD-60, CBD-85, CBD-100, and CBD-120; C-SU; WF-1; WF-2; and on any parcel within the 2009 Collegetown Manning Area. Deleted:study D. New construction of a primary structure on a parcel within any zone within two years Page 2 of 5 11/9/11 following a demolition of a primary structure on that parcel. E. Changes to the site, such as the addition of new or alterations to existing hardscape elements, including but not limited to paving, retaining walls, or fences on any parcel within the 2009 Collegetown Planning Deleted:study Area. § 160-5. Mandatory Non-Binding Design Review. Design review recommendations shall not be binding, unless such recommendation shall also be incorporated into a decision by the Board of Zoning Appeals or as a condition of site plan approval by the Planning and Development Board. § 160-6. Exemptions. A. Any action pertaining to any structure locally designated as a landmark or within a locally designated historic district shall be reviewed by the Ithaca Landmarks Preservation Commission, and is therefore exempt from the requirement for design review. All decisions of the Ithaca Landmarks Preservation Commission are binding. B. Any action pertaining to any parcel within the 2009 Collegetown Study Area on which a single-family home is and will remain the primary use shall be exempt from the requirement for design review. § 160-7. Limited Design Review Procedure. A. The Building Commissioner or his or her designee shall determine whether design review is required when an application for a building permit or demolition permit is submitted. If the determination is made that design review is required, the Building Commissioner shall transmit the application to the Director of Planning and Development. B. Upon receipt of the application, the Director of Planning and Development or his or her designee shall determine whether the proposal shall be subject to a limited or full design review. C. The Director of Planning and Development or his or her designee shall have the authority to conduct a limited review of proposals of Type II actions. All proposal for Type I or Page 3 of 5 11/9/11 Unlisted actions must go to the Planning and Development Board for full review. D. If a proposal may cause public controversy, the Director of Planning and Development may refer the proposal to the Planning and Development Board for full review. § 160-8. Full Design Review Procedure A. The Building Commissioner or his or her designee shall determine whether design review is required when an application for a building permit or demolition permit is submitted. If the determination is made that design review is required, the Building Commissioner shall transmit the application to the Director of Planning and Development. B. Upon receipt of the application, the Director of Planning and Development or his or her designee shall determine whether the proposal shall be subject to a limited or full design review. C. Any individual or group proposing new construction or development anywhere within the City of Ithaca may request an informal design review and advisory recommendation. D. When the proposal is determined to be subject to full design review, the individual or group making the proposal shall submit an application to the Department of Planning and Development with the following information (as appropriate) :. 1. Name and contact information of the applicant; 2. Location and photographs of the property; 3. Building permit application number; 4. Architectural plans, site plans and drawings of building facades; 5. Lists and/or samples of materials to be used; 6. Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, dimensions, colors, method of illumination, and a plan showing the sign's location on the property; 7. Any other information necessary to visualize the proposed work. E. The Planning and Development Board shall review the proposal within 45 days from receipt of the completed application. The failure of the Planning and Development Page 4 of 5 11/9/11 Board to act within 45 days of the filing of an application, unless an extension is mutually agreed upon by the applicant and the Board, shall be deemed to constitute approval. F. All design review recommendations shall be communicated in writing no later than 10 business days after the meeting at which the recommendations are made. A copy shall be sent to the applicant by mail and a copy filed with the Building Commissioner. Section 3. The City Planning and Development Board and the City Clerk shall update the District Regulations Chart, as referred to in §325-8, in accordance with the amendments made herewith. Section 4. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 8 .ffB, PF Page 5 of 5 An Ordinance to Amend Chapter 272 of the City of Ithaca Municipal Code entitled "Signs" to amend Section 6 entitled "Signs Permitted in All Districts" BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows : ORDINANCE NO. Section 1. Section 272-6 of the City of Ithaca Municipal Code, entitled "Signs Permitted in All Districts", is hereby amended to read as follows (e:�L=!1Ee4-rr-e le s de e4 ; en, underline and bold indicates new language) : § 272-6 (A) Signs Permitted in All Districts . The following signs are permitted in any use district without a permit as noted: (6) Murals . preen reamsiens of Ghapter 32-5-, Zening, 325 4 , DesignLev±ew, eL= AL=tTeleVVll-, P:Eese:Evatien, ef this Cede-ems €a eing s id e p --}1 , th r Rill 6inff GeFRfftissieneL= shall e tf1• 4�he Bes i 1,e U. t- r r7 /„ �L,e T elf L=lr $4cr�,�r�Pi�rr��:c-�^�rcarrr5-`,r1�ir—ciz �S- cenfftissie ,was—�pp liealelele, ez }ti,,�^ e ie Lcfft the L 1 (b) Upon receipt of a proposal for a mural for any property subject to the provisions of Chapter 160, Design Review, or Chapter 325, Zoning, Article VIII Courthouse Special Use Zone, or Chapter 228, Landmarks Preservation, of this Code or facing such property, the Building Commissioner shall notify the Planning and Development Board, the Public Art Commission, and/or the Landmarks Commission, as applicable, for their information and any appropriate action and shall so inform the applicant. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. An Ordinance to Amend Chapter 325 entitled "Zoning" Section 10 entitled "Accessory Apartments", and Section 325-46 entitled "Review of Construction, Demolition, and Alteration" BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows : ORDINANCE NO. Section 1 . Chapter 325 of the City of Ithaca Municipal Code entitled "Zoning", Section 10D (6) , entitled "Accessory Apartments - Requirements", is hereby amended to read as follows (�}r-'_ cthYcYJ in6ie-at-es-defie r, underline and bold indicates new language) : § 325-10 - Accessory Apartments . In order to be granted a temporary permit, the following criteria and requirements must be met: ( 6) E�Eter-ieLc appearanee. if an aeeesseiny apaictffient is its design sdeh that the appeaLcanee efie add; l.; l frer+ tees eL windews aLc-disc enly be eens4�La, et--e in the i ar eiEeeIt heL=e an i 4 . t-e leea�=-imen wealel lee lees liely Any ei,-t-eLaieia Appeals 4 e 4 ,..e Des-iffn Re-zFi=w Eear- €eL= 14s 4 eel=r; a, , one z�C�=Fi-e�Pcc New 6�-r"2£�s��i-eirci �r�Y-eitr�cir��Y=dTrccS 3�l�st (6) Exterior appearance. If an accessory apartment is located in the main building, the entry to the building and its design shall be such that the appearance of the building shall remain as a single family residence. New or additional front entrances or windows are discouraged but in any event must be in keeping with the architectural style of the rest of the structure. Exterior stairways may only be constructed in the rear, except where an alternate location would be less publicly visible. Any exterior design changes may be referred by the Board of Zoning Appeals to the Planning and Development Board for its technical advice. Section 2 . Chapter 325 of the City of Ithaca Municipal Code entitled "Zoning", Article IX, entitled "Courthouse Special Use Zone", Section 46 (A) (B) entitled "Review of Construction, Demolition, and Alteration" is hereby amended to read as follows ( stLnikethLneaqh i-r dieates ,��et-ien, underline and bold indicates new language) : § 325-46. Review of Construction, Demolition, and Alteration. A�rr-czvi, e-��Lci-ezalteLnatiens e icaauitiens tv t ,; l ,a ngs t t1-,; the r-crT Z t l 1 T-c(�-{n; r 1-'-=------�- �Y� parking a Y'2-���1 Szrcrr= T�e� Bes .tea 4 L,e T T s dffi-,„,1� -, Lt��=-c_�r�D"l7"CsECL�TCI GTf�� �G� �rC-TC_-L`.-=-.rBTf ce-imffiiss-iee- wit-hi the; Y r-eas—ef --spens ib=l 44 .,_ Ie'd t- eels!6e—dl-esi rtyl-anuf a r-k d i s 4�Lare4�S shall: n'emet-l-,e l s lei f e r n e 1-L,e �a l r fi P,.•e -, rrc-rcs�w1� �rcrr vac— z�r.��-rcTC��-rr=t6Tr B. 9effielitien, „:'e Ln i e Lc l to -,t; er enl ,-,t of lam, e:e paLnking a is r-e i i Zenes shall L-..r. siabjeet fieeiifie-at-ie-eS Laeja9seel e,-Et—.aieLa 76i.1�eE)esi-E -1-ew 1- ,-. : 1-L, l f fee 4 $4c�T� T�1�rl-az—crz-cc rr��-6ix�e�rr�6�1 e=crarcrrccz rce-iEien4�1 a!ae n es . in n e -ease—shall r the Des 1 I e w szr . ef pLnepesed defRelitiens, Geffiffii ss-ie ,�as aplieabl eshall be apLae: re-ice---e o f ajapLae3v-al ef sideh pr-epesals-lay t-l-,e Bia-!'a---f re•,,,,^issieneL and Appeals, as ajapLaejai=iam� A. Demolition, exterior alterations or additions to existing structures and parking areas and construction of new buildings or parking areas within the C-SU Zone shall be subject to strict review and approval by the Planning and Development Board and the Ithaca Landmarks Preservation Commission within their respective areas of responsibility. (See Subsection B below and Chapter 160, Design Review. ) Proposals for demolition of structures within the C-SU Zone but outside designated City landmark districts shall nonetheless be referred to the Landmarks Preservation Commission, which shall make its recommendation to the Planning and Development Board before the latter takes final action. B. Demolition, exterior alteration or enlargement of structures or parking areas or construction of new buildings or parking areas in C-SU Zones shall be subject to design review as provided in Chapter 160. In performing such review and recommending any modifications to proposed exterior work, the Planning and Development Board shall pay particular attention to the visual effect of such work on the character of the area and adjacent residential zones. In no case shall the Planning and Development Board take final action on a proposal for demolition within any part of the C-SU Zone which is not within a locally designated landmark district before receiving the recommendation of the Landmarks Preservation Commission on such proposal. Approval of proposed demolitions, alterations or new construction within the C-SU Zone by the Planning and Development Board or the Landmarks Preservation Commission, as applicable, shall be a prerequisite of approval of such proposals by the Building Commissioner and the Board of Zoning Appeals, as appropriate. Section 3. The City Planning and Development Board and the City Clerk shall update the District Regulations Chart, as referred to in §325-8, in accordance with the amendments made herewith. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 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. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Daniel L.Hoffman,City Attorney Telephone: 607/274-6504 Khandikile M. Sokoni,Assistant City Attorney Fax: 607/274-6507 Robert A. Sarachan,Assistant City Attorney Patricia M. O'Rourke,Assistant City Attorney Krin Flaherty,Associate City Attorney Jody Andrew,Executive Assistant M E M O R A N D U M To: Planning and Economic Development Committee Members From: Daniel L. Hoffman& Krin Flaherty Date: November 9, 2011 Subject: Proposed ordinance Attached please find a proposed ordinance to define Light Industrial in the City zoning code and clarify that the I-1 Industrial district permits only light industrial uses as of right.Below is a chart to demonstrate how this ordinance clarifies the primary use section of the I-1 Industrial district. Industrial Use District must conform to Special Performance Standards: .,shall be constructed,maintained and operated 5o as not to be injurious or offensive to or:cupants of adjacent properries or to those passing by on a public way by reason of the emission of noise,vitimflon,smoke. dust or other pau6culate matter,toxic or noxious wa�te rnaterial�,odurs, fire and explosive hazards or glare" Any use not permitted in arry other zoning district (including heavy industrial use) As long as the use meets Special Permit required definition of light industrial from Ill with and conforms to special concurrence from "erfcirman�e slondords,it is Common Council All Uses in An Ordinance Amending the Chapter 325—"Zoning"—of the City of Ithaca Municipal Code to Add a Definition and Clarify Permitted Industrial Uses in the I-1 Industrial Use District. WHEREAS, Chapter 325 of the City of Ithaca Municipal Code, entitled"Zoning," sets forth the zoning districts within the City of Ithaca, and states that the permitted uses for each district are codified in the District Regulations Chart, which Chart is a separate document but is incorporated by reference into Section 325-8 of said chapter; and WHEREAS, only the uses specifically set forth in the District Regulations Chart are permitted as of right in a zoning district; and WHEREAS, exploration for natural gas, the extraction of natural gas, the storage, transfer, treatment or disposal of natural gas exploration and production wastes, and related natural gas operations are not specifically set forth as permitted uses in any zoning district and are therefore are not and have not been permitted uses as of right within the City of Ithaca; and WHEREAS, the I-1 Industrial Use district allows uses not explicitly permitted elsewhere within the City of Ithaca, but subject to the issuance of a special permit, upon a finding by the Board of Zoning Appeals and concurrence by Common Council that the use will have "no negative impact by reason of noise, fumes, odors,vibration, noxious or toxic releases or other conditions injurious to the health or general welfare;" and WHEREAS, the Common Council wishes to add one definition and to clarify the District Regulations Chart so as to remove any possible interpretation of the City Code as allowing, as of right,the establishment of heavy industrial uses within the City, including but not limited to the exploration for or extraction of natural gas, the storage, transfer, treatment or disposal of natural gas exploration and production wastes, or related natural gas operations; and WHEREAS, the Common Council accepted and approved a Comprehensive Plan for the City of Ithaca on May 6, 1970, and, since that approval, has continued to study and to amend the City's Comprehensive Plan, from time to time; and WHEREAS, the City of Ithaca's Comprehensive Plan, on page 2, enumerates the following among the City development objectives: "2. A city which understands and does not abuse its nonreplaceable physical resources,"by "...understand[ing] and make[ing] wise use of the soil, gorges, water, air, and plants which are part of the community's non-replaceable physical resources;" and 2 "5. A city which encourages the diversity of its industrial base and makes every effort to employ its labor force according to its skill and capacity... by encouraging new light service and recreational industries to supplement our existing service and educational industries." [emphasis added] WHEREAS, the introduction to the land use section of the Comprehensive Plan land identifies education as the "basic industry" of the city, but also acknowledges "the value of diversifying the industrial base by working to attract light service industry [emphasis added] and by developing a viable recreation industry..." as "essential to a healthy, growing, future Ithaca."1 The land use discussion also highlights the need for housing, adequate streets and the role of parks and opens space in maintaining"the small city character" and reinforces the "recreational- educational character" and ties the City's developed areas to its "unique natural environment;"2 and WHEREAS, the Comprehensive Plan as enacted in 1970 anticipated encouragement of light industry, and subsequent amendments to the Comprehensive Plan have supported this approach, rather than reliance upon heavy industry, which would serve to disrupt and jeopardize the City's recreational-educational, small-city character and its unique natural environment; and WHEREAS, amendments to the Comprehensive Plan since 1970, and various City planning studies and projects, seek to promote mixed-use, walkable development within the City, and to protect and maintain natural features unique to the City such as the Cayuga Lake waterfront, gorges, creeks and natural areas, and to support the character of existing neighborhoods,but do not promote land use that would harm or result in a negative environmental impact3; and WHEREAS, the City of Ithaca has historically demonstrated and continues to support its commitment to preserving the beauty, quality,use, and environmental integrity of all land within the City, through establishment and passage of Code provisions supporting City programs such as the Conservation Advisory Council, Parks Commission,Natural Areas Commission, City Bicycle/Pedestrian Advisory Council, and Shade Tree Advisory Committee, and the City's urban forestry program; and 1 P. 24-25 2 P. 25 3 See for example: 1997 Ithaca Bicycle Plan; 1997 Tompkins County Waterplan; 1998 Southwest Area Land Use Plan addendum and 1994 original; 1998 Inlet Island Urban Development; 1999 West End Urban Design Plan; 2000 Southwest Natural Area Master Plan; 2000 Design Guidelines, Southwest Area and Elmira Road-Meadow Street Corridor; 1998 An Economic Development Plan for the City of Ithaca: A Program For Action prepared by Planning/Environmental Research Consultants (modified in 2003). 3 WHEREAS, all uses in the I-1 Industrial Use District must comply with the Special Performance Standards set forth in Section 325-24, which standards support the light industrial interpretation clarified herein, in that the purpose of such standards is "...to permit a broad range of uses in certain Industrial Districts by establishing standards of performance to protect residential districts from adverse effects of industrial activities and to promote a safe and healthy environment in and near the Industrial District," and to lessen environmental industrial impacts so as to not be injurious or offensive to neighbors and the public; and WHEREAS, the clarification provided by this ordinance, namely, that only light industrial use is permitted as of right, is consistent with the purposes and intent of the 1-1 Industrial Use District and removes any possible ambiguity about whether"industrial"use could be interpreted to mean or include heavy industrial operations of any kind, including but not limited to natural gas exploration or extraction, or related operations; and WHEREAS, the Common Council agrees it is important to make these clarifications to the City Code, for the following reasons: (1) The establishment of new, heavy industrial uses within the City of Ithaca, including but not limited to the exploration for or extraction of natural gas, or related operations, would pose a significant threat to the health, safety, and welfare of its residents and visitors. (2) Widespread negative environmental impacts have resulted from heavy industrial uses carried out in urbanized areas, including impacts on groundwater quality (such as has occurred on Ithaca's South Hill and at or near other industrialized sites such as the former Ithaca Gun factory), surface water quality, air quality, traffic, scenic resources, neighborhood and community character, vegetation and habitats. (3) The regulation and limitation of land uses allowed in the various areas and districts of the City falls within the City's authority to regulate land use through the zoning powers expressly delegated to cities in the New York State Constitution, Article 9, §§1, and in Municipal Home Rule Law, §10. Furthermore, the regulation and/or exclusion of heavy industrial uses from the City is a reasonable exercise of the City's police powers so as to prevent damage to the rights of citizens who would otherwise be negatively affected by such uses and to promote the interests of the community as a whole; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: 4 ORDINANCE NO. Section 1. In the District Regulations Chart that is part of Section 325-8 of the Municipal Code of the City of Ithaca, Column 2 (Permitted Primary Uses)under the I-1 Industrial District, is hereby amended to read as follows: 1. Any use permitted in B-5, except that dwelling units are prohibited. 2. Light(industrial, warehousing, wholesaling, storage and handling of bulk goods (not including rubbish as defined in § 196.1), lumberyards, and agriculture except that no animals may be kept within 50 ft. of any property line. 3. Any use not permitted as of right 4in the I-1 Use District or in any other zoning district, subject to the issuance of a special permit of the Board of Zoning Appeals in accordance with§325-9 and concurrence by the Common Council. 4. All uses must conform to special performance standards *.blishme t of ,ides*,a ' es (See: §325-24). 5. Transfer station for recyclable materials. See § 181-13, Fire Limits Section 2. The Definitions and Word Usage Section 325-3 of the Municipal Zoning Code of the City of Ithaca is hereby amended to add a definition of"Light Industrial," in alphabetical order, and to read as follows: LIGHT INDUSTRIAL Fabrication,processing, converting, altering, assembling or other handling of products that: A. Is conducted solely within a building or group of buildings; and B. Does not result ins: (1) Dissemination of noise, vibration, odor, dust, smoke, detectable gas or fumes or their atmospheric pollutant beyond the boundaries of the immediate site of the building(s) in which such use is conducted; (2) Unusual hazard of fire, explosion or other physical danger to any person,building or vegetation; (3) Radiation or interference with radio or television reception beyond the boundary of the property; (4) A harmful discharge of waste material or any other means of disposal of waste material other than by delivery to an authorized, off-site treatment facility; or (5)Unusual traffic hazards or congestion due to the type of vehicles required. 'Tracks language of 325-9 (C)(o) 5 These conditions are similar to our § 325-24, Special Performance Standards in Industrial District. The definition proposed here contains less specific language plus a restriction against "no unusual traffic hazards or congestion due to type of vehicles required." 5 Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective date. This ordinance shall take effect on January 1, 2012, and in accordance with law,upon publication of notice as provided in the Ithaca City Charter. 6 01/10/2011 03:54 7168514970 NIAGARA DIST COUNCIL IMAGE 01 Common C fj�,{,at7'I'rE3 CUaJ,MS.CI IAiR City t o If Buffalo C�v��SERVICE .. GQI,�1uIiUNnr DkvrECl1'a`+frrrr +\� t PINANCI �, xC LFC;ISt�'TIIIk .m._ RVLES DAVIp A. RlVERA SIPKIatr,0M s 1M Fs artBEC rprsifl!',.T PRO TEMPORt wATtRncINT DE,.cLOFx+(w NIAGARA DISTRICT COUNCIL MEMBER QW OF STA" 6S MM ARA SQLIARF, 1504 City Mail wHnNty Alto tN1 CRISPELL SUrFAtla,W 14202.3318 I.EOLATIVE'AIM PN(]NFs 1716)831«51$'S = FAx-171111651.4970 KIRK A.LAVRI"Mira F mall:darn cr Ch.d.hllFfila Ily a , NOEMI MEI ARO January 10.2011 To the Members of the Albany Common Council: It is my understanding that the Common Council of the City of Albany is considering an ordinance allowing for the keeping of backyard chicken hens.In 2009, my office partnered with several residents and community organizaticsns to devrdop and pass a backyard chicken ordinance here in the City of Buffalo. I am writing today to tell you about that experience and why you should consider approving similar legislation for your municipality. "My constituent, Monique Watts,kept five chickens in her backyard for several months before they were removed by the city`s animal control unit. Ms. Watts was unaware that her chickens,which she raised for eggs,were illegal.This ineident led Ms. Watts and my office to develop our own backyard chicken ordinance based on best prncticca from around the country and New York State. I was surprised to learn of all the urban communities that have embraced backyard chickens,and by the outpouring of support from City of Buffalo residents. Dozens of people attended and tesnfsei at our public hearing on the matter,and only two were against!he ordinance. Additionally,thc.concerns raised by both of these individuais were addressed in our ordinance and its provisions. Buffalo's ordinance allows for a maximum of five backyard chicken hens,which merit reside in an approved chicken coop within a fenced backyard and, be wwdiconsumed for personal use only.Coops must not be pinced within 20 feet or less of any dwelling's doors or windows,making some small backyards ineligible for a chicken license due to their size and/or their proximity to rear properties. Individuals requesting a license must receive permission rrom their immediate neigghbors, and all neighbors within SO feet of the requesting property arc notified of the license application and invited to;give feedback. The Common Council ultimately has power to approve or den. a Iicense,something that was important to many of my colleagues. Thrr+c arc more details;Iced provisions iTec!uded in our ordinance:, which I'd be happy to share with you if needed. I won't deny that the issue of backyard chickens was without its detractors or even jokes. However, once my colleagues. the prea+t,said residents were educated on the issue,tbev could not deny the'benefits. In my district, with its growing refigee population and lack of access to fresh food,the ability to keep backyard chickens .vats both a cultural and food security `issue. What's more. licensing backyard chicken hens has given Animal Control officers another tool in their fight against illegal rooster fighting. 01/10/201: 03:54 71E8514970 NIAGARA DIST CC1d,WIL PAGE 02 Finally,the City of Buffalo has not become overrun with chickens,as some feared.The licensing process,while straight forward, is comprehensive enough to wood out Lose who are not serious about complying with the law, A handt. 1 of my constituents who feared that their neighborhoods would become barnyards recently approached me to tell me they,,were wrong,and happy to know that !},e law was passed. Please feel free to contact me if you have questions or concerns you'd likc to discuss in more detail. I recommend taking your time to review,the best practices from other wmmunitiea as well ac hear from residents of yours. Best of luck, ( j J- W- 444AL. Wvid A. Rivera Niagara Diet ct Councilmember President Pro Tempore WHEREAS,it has been shown that keeping laying hens for egg production,gardening,waste reduction Deleted: or pets has many benefits for local citizens,and Deleted:164.2 ...Keeping of animals / restricted....A ...P.... i WHEREAS,over 120 municipalities,large and small,in the United States,allow residents to maintain Deleted: 16a.z ,approprriatelyregulated small flocks of laming hens;now therefore,be it Deleted: Regulation of animals that are RESOLVED,that Common Council enacts the following: not DOMESTICATED PETS DOMESTICATED PETS¶ City of Ithaca Code Chapter 64.2 ee in of animals restricted. ohibitio is replaced with the / Deleted: A.......and other permitted following: animals...:¶ A.2.......❑ Regulation of animals that are not DOMESTICATED PETS_ Deleted:q Chickens-permitted within the Ci of Ithaca as follows:Residents of the Cityof Ithaca ma Deleted: 8 maintain small flocks of laying hens, rimaril or the production of eggs,subject to the followin / Deleted:, provisions: Deleted: )_No person maykeep,maintain orpossess more than (ei ht chickens laying henspnly)on �� Deleted:¶ any premises. Deleted: ...the... F.Jrg b) No roosters(male chickens)are permitted. jhlt shall be unlawful to allow chickens to be kept in a manner that constitutes a public Deleted:,combined inside and outside square footage, jiuisance or a hazard to public health or the health and safety Of the chickens gin maintained. In particular,the following stipulations must be followed: Deleted:¶ _i) At least 4(four)square feet per chickea must be provided,which may include both Deleted: or inside and outside square footage. I Deleted:considered to be"..." q 11 ii All coops and outside runs must be completely covered or constructed in such a I manner that the chickens housed stay in the contained area. Deleted: maintained for chickens iii)All coops and runs must be constructed and maintained in a manner that provides Deleted: a safe environment for the chickens housed. �I� Deleted:shall...existing setback and iv) Feeds must be kept in a secure container,such as a metal garbage can, so that / side yard requirements specified. . 5 rodents and insects are not attracted to stored materials. �II Deleted:S.— g v) All manure must be properly managed. Manure must be composted on site, Deleted: space permitting,or it must be packaged in secure containers and removed on a / Deleted:'...Location of accessory regular basis as solid waste. / — ctures.......Specific provisions ,1) All pens,cooRs, iouses or runs maintained for chickens are ccesso structure and mus include:...¶ or other regulations;in all cases there comply with all provisions of the building code and site plan review provisions of the code shall be a minimum of eight(8)feet from pertaining to accessoly structures including specifically ction 325.2 Of th_eCity Cod the edge of all pens,coops and houses and adjacent property lines.¶ entitled'location of accesso1y structures." Residents must also comply coMply with the following; i) Accessory structures are allowed in i Residents must submitA sketch aproximately to scal of all ro osed ens side and rear yards,but not front yards¶ ii) If a house is on a corner it is coops,houses and runs for backyard chickens,showing property lines and other structures considered to have two front yards.¶ on the roe o the BuildingDepartment for approval before a permit will be issued. iii) Structures may"not considered light and air from adjace ii)Where concern exists that a chicken coop or chicken run may pose a nuisance or other offense to neighbors,a resident may be required to provide screening of the chicken Deleted:I ... 8 coop or chicken run from the neighboring property. Deleted: e) Perceptible noise from chickens must conform to existing noise regulations. Deleted:cleaned regularly and ... y f) Odor from chickens or chicken manure must not be perceptible at the property lines. Deleted:h) To provide for the 11 ,g)All pens,coops or houses maintained for chickens must be maintained in a sanitary!�eneleted: "' io condition so as not to endanger public ealth and safe or the health and welfare o ...j ... lichicken being maintained. Chickens shall be confined at all times to the ro e eleted: i2which they are kept. eleted:¶ i3A ermit issued b the Ci of Ithaca is re uired to maintain chickens in the Ci .Th Deleted: will be issued on a one-time basis and will cost$25.00. An applicatiorAmay be obtained Deleted: from the office of the City Clerk. �rwenty-five permits will be issued duringlhe.frrst year Deleted:zs following the passage of this ordinance to allow for an evaluation of he A fectiveness of this \ Deleted: ordinance. The Planning and Economic Development Committee shall conduct this evaluation one year from the passage of the ordinances \ Deleted:fast year \ Deleted:the 22 Prohibitions. No person shall keep,pasture,breed,raise,harbor,stable or maintain any bees, Deleted: turkeys,geese,ducks,Guinea hens,peacocks or any other fowl or reptiles or any swine,horses,cows, I \ mules,sheep,goats or any other animals,except domesticated pets,and chickens s related above, Deleted:e within the City --- I Deleted:¶ Deleted:<#>Residents of Ithaca may I I 3) Any violation of the above provisions will result in the revocation of a chicken owner's permit. Any maintain small flocks of ducks,primarilyfor eggs and gardening,subject to the problems associated with a permitted flock should be reported to the Planning Department. 1I following provisions:¶ . 1 I a) No person may keep,maintain or possess more than 12 ducks on any \ I premises.¶ I I b) Sections of Parts 1)c-j,above are also in effect for the maintenance of \ I ducks,including the permit and fee Iassociated with keeping ducks. Deleted:2 Deleted: and ducks Deleted: Deleted:¶ Page 1: [1]Deleted kflaherty 10/11/2011 4:56:00 PM 164.2 Page 1: [1]Deleted kflaherty 10/11/2011 4:50:00 PM Keeping of animals restricted. Page 1: [1]Deleted kflaherty 10/11/2011 4:56:00 PM A Page 1: [1]Deleted kflaherty 10/11/2011 4:55:00 PM P Page 1: [1]Deleted kflaherty 10/11/2011 4:55:00 PM Page 1: [2]Deleted kflaherty 10/11/2011 4:53:00 PM A Page 1: [2]Deleted kflaherty 10/11/2011 4:54:00 PM Page 1: [2]Deleted kflaherty 10/11/2011 4:53:00 PM and other permitted animals Page 1: [2]Deleted kflaherty 10/11/2011 4:51:00 PM Page 1: [2]Deleted kflaherty 10/11/2011 4:54:00 PM Page 1: [2]Deleted kflaherty 10/11/2011 4:52:00 PM Page 1: [3]Deleted kflaherty 10/11/2011 3:17:00 PM Page 1: [3]Deleted kflaherty 7/26/2011 2:05:00 PM the Page 1: [3]Deleted kflaherty 10/11/2011 3:17:00 PM Page 1: [4]Deleted kflaherty 10/11/2011 3.33:00 PM considered to be " Page 1: [4]Deleted kflaherty 10/11/2011 3:33:00 PM (L Page 1: [5]Deleted Thomas Shelley 6/18/2011 10:14:00 AM shall Page 1: [5] Deleted Thomas Shelley 6/18/2011 10:16:00 AM existing setback and side yard requirements specified in Page 1: [6]Deleted kflaherty 10/11/2011 4:14:00 PM S Page 1: [6] Deleted kflaherty 10/11/2011 4:38:00 PM Page 1: [7] Deleted kflaherty 10/11/2011 3:34:00 PM Page 1: [7] Deleted kflaherty 10/11/2011 4:39:00 PM Location of accessory structures Page 1: [7]Deleted kflaherty 10/11/2011 4:21:00 PM Page 1: [7]Deleted kflaherty 10/11/2011 3:10:00 PM Specific provisions include: Page 1: [7]Deleted kflaherty 10/11/2011 3:12:00 PM or other regulations; in all cases there shall be a minimum of eight(8) feet from the edge of all pens, coops and houses and adjacent property lines. i) Accessory structures are allowed in side and rear yards, but not front yards ii) If a house is on a corner it is considered to have two front yards. iii) Structures may"not obstruct light and air from adjacent property iv) "Frame accessory buildings may not be placed less than three feet from any side lot line or rear lot line in all districts, except in R-1 Districts,where accessory buildings may not be placed less than six feet from any side lot line nor less than three feet from any rear lot line, subject to further provisions of this section." v) In addition to the provision of 325.25 consideration of neighbors is important and there may be a need to screen some portion of a chicken coop or runs from a neighboring property. Page 1: [8]Deleted kflaherty 10/11/2011 3:12:00 PM vi) A Page 1: [8]Deleted kflaherty 10/11/2011 4:20:00 PM I Page 1: [8]Deleted kflaherty 10/11/2011 4:20:00 PM I Page 1: [8]Deleted kflaherty 10/11/2011 3:13:00 PM must be submitted Page 1: [9]Deleted kflaherty 7/26/2011 2:20:00 PM cleaned regularly and Page 1: [9]Deleted kflaherty 10/11/2011 3:32:00 PM public Page 1: [9]Deleted kflaherty 10/11/2011 3:16:00 PM Page 1: [9] Deleted kflaherty 10/11/2011 3:18:00 PM In particular: i) All manure must be properly managed. Manure must be composted on site, space permitting, or it must be packaged in secure containers and removed on a regular basis as solid waste. Page 1: [10]Deleted Thomas Shelley 6/18/2011 8:58:00 AM h) To provide for the welfare of chickens maintained there shall be no less than four(4) square feet of total combined pen, coop or house space per chicken. Page 1: [10]Deleted Thomas Shelley 6/18/2011 8:58:00 AM i Page 1: [11]Deleted Thomas Shelley 6/18/20118:58:00 AM Page 1: [11]Deleted Thomas Shelley 6/18/20118:59:00 AM i Page 1: [12]Deleted kflaherty 10/11/2011 3:24:00 PM Page 1: [13] Deleted Jennifer Dotson 11/10/2011 1:08:00 PM Page 1: [13]Deleted Jennifer Dotson 11/10/2011 1:08:00 PM