HomeMy WebLinkAboutMN-PLED-2014-09-10Minutes Approved at
November 12, 2014 P&EDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, September 10, 2014 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham
Kerslick, Cynthia Brock, and Josephine Martell
Committee Members Absent: Ellen McCollister
Other Elected Officials Attending: None
Staff Attending: JoAnn Cornish, Director, Department of
Planning, Building, Zoning, and Economic
Development; Debbie Grunder, Executive
Assistant, Department of Planning, Building,
Zoning, and Economic Development, and Nels
Bohn, Director, Ithaca Urban Renewal Agency
(IURA); Ari Lavine, City Attorney
Others Attending: Jay Franklin, Tompkins County Assessment
Office
Chair Seph Murtagh called the meeting to order at 6:00p.m.
1) Call to Order/Agenda Review
There were no changes to the agenda.
2) Special Order of Business
a) Public Hearing – Lot Coverage Amendment, Decks
Alderperson Kerslick moved to open the public hearing; seconded by
Alderperson Martell. Passed Unanimously.
Sheryl Swink, 321 North Albany Street, spoke on the lot coverage
amendments. She thinks it’s something that has been able to do, and it is
taking away. What is the purpose?
Alderperson Kerslick moved to close the public hearing; seconded by
Alderperson Brock. Passed unanimously.
Minutes Approved at
November 12, 2014 P&EDC Meeting
b) Special Presentation – Assessments
Jay Franklin, Director of Assessment, Tompkins County Department of
Assessment, provided the Committee with a presentation on the subject of
County assessments. A copy of this report is attached to these minutes.
c) Special Presentation – Conservation Easements in City Watershed
City Attorney Ari Lavine explained what a small group of employees have
been working on. He anticipates a new budget line added for this new
program.
A Conservation Easement is a set of legal restrictions on a piece of property.
There are certain things that are allowed and not allowed. A $30M water
plant is currently being built. This group was inspired by a past Alderperson
Chris Proulx and currently includes Alderperson Donna Fleming; Assistant
Superintendent of Water and Sewer, Erik Whitney; the President of the Land
Trust; and Ari Lavine, Ithaca City Attorney.
We are looking at undeveloped land that feeds our water supply. Current
landowners can voluntary give up a portion of their land for this use.
The land trust will help the City identify the owners who will donate this land.
This will give them a tax break as well as maintain their land as they choose
to even though they’ve donated the property.
This process will not create any additional workload to City employees as the
Land Trust will be responsible for it all.
Process wise, the committee is proposing an annual budget line to support
this project. Departments such as Planning and Development and the
Department of Public Works may have an important part in this.
Alderperson Brock asked for clarification of what budget dollars will be used.
Attorney Lavine responded that this program will be funded by the Water and
Sewer budget which is not the general fund. It will be funded by the revenue
Water and Sewer brings in based on their water and sewer rates collected by
Ithaca City residents.
Alderperson Kerslick asked whether a map of the water shed would be made
available when reviewing each easement. He would like reassurance that the
Water Plant and Water and Sewer employees are definitely on board.
Attorney Lavine stated that Erik Whitney is in full support of this process. It
will be reviewed during the annual budget process and budgeted in the Water
and Sewer budget of the general fund.
The Cayuga Lake Watershed has a huge collection of watershed maps.
JoAnn Cornish stated that some of the property that have road frontage may
also be more valuable entering into these easements.
Cornish also asked whether a transfer of development rights would be
available to these landowners with other municipalities.
Minutes Approved at
November 12, 2014 P&EDC Meeting
Cornish further stated that a few years back there was a capital project
regarding this very topic or similar topic.
It was also clarified that this would be eligible for rate funding.
Lavine encouraged that if Council is interested in agreeing to this and to fund
it, it would be important to pass a resolution outlining the process’ steps.
Alderperson Brock stated it would be an important that the Department of
Public Works be included in the approval process.
JoAnn stated she would be interested to know whether the Land Trust
already has current easements in the Watershed.
3) Public Comment and Response from Committee Members
Michael Culotta, 701 North Tioga Street, spoke in favor of conversation
easements. He stated that these easements will remain on the tax rolls and
these municipalities should be made aware of this since these easements will be
most often in areas outside of the City limits.
Alderperson Brock thanked Sheryl Swink for coming out and speaking on the lot
coverage amendments. She stated the amendments are being made for a better
clarification of definitions.
4) Announcements, Updates, and Reports
JoAnn Cornish stated that there will be a meeting set regarding Cornell Heights
for later this month.
JoAnn Cornish informed the group that she and Sue Ritter have been in touch
and have had multiple conversations, and it was suggested that the Planning
Committee attend the Town Planning Board on September, 25, 2014 at 4:30 p.m.
The members present stated they were in agreement and would check their
schedules.
There will be a public information session on September 18, 2014 in the Borg
Warner Room, Tompkins County Public Library, at 5:00 p.m. to discuss a CIITAP
application for a new housing project on Clinton Street.
Brindley Street Bridge will be presented on September 22, 2014 at 3:45 p.m. in
the Second Floor Conference. Addisu Gebre, Bridge System Engineer, will lead
this meeting.
A public hearing will be held on the amendments to the City noise ordinance in
October. City Attorney Ari Lavine will be attending.
5) Action Items – Voting to Send onto Council
a) Neighborhood Improvement Incentive (NIIF) Application
Minutes Approved at
November 12, 2014 P&EDC Meeting
Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed
unanimously.
RESOLUTION: Request for Neighborhood Improvement Incentive Funds for the Fall
Creek Neighborhood Block Party, August 2014
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 Common Council as eligible for the funding
include but are not limited to neighborhood clean-ups, plantings in public places, and
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 Common 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, on behalf of neighborhood residents, Maria Costanzo and Sara Schaffzin
have submitted an application for reimbursement funds to off-set $189.73 in expenses
from the Fall Creek neighborhood’s annual block party, and
WHEREAS, notice of the block party was circulated throughout the neighborhood, and
the event provided an opportunity for socializing with diverse groups of residents; now,
therefore, be it
RESOLVED, that the Planning and Economic Development Committee approves the
funding request from Maria Costanzo and Sara Schaffzin in the amount of $189.73 for
reimbursement upon presentation of original invoices and/or receipts.
Minutes Approved at
November 12, 2014 P&EDC Meeting
b) Non-substantive Changes to Planned Unit Development Ordinance
An Ordinance to Amend the City of Ithaca Municipal Code, Chapter
325, Entitled “Zoning,” Article IV, Section 325-12, in Order to
Make Minor Non Substantive Changes Regarding the Common Council
Approval Process for Planned Unit Developments (PUDs)
City Attorney Ari Lavine informed the group what the amendments to this resolution are:
Section 1 should include changes to [8], [9], [11], and [12] as stated in the resolution
being acting on tonight.
Alderperson Brock moved the amendments; Kerslick seconded it. Passed Unanimously
Alderperson Kerslick moved to approve as amended; seconded by Alderperson Brock
seconded it. Passed unanimously.
ORDINANCE NO. 2014-____
WHEREAS, on July 2, 2014, the Common Council adopted legislation
allowing for the City to establish Planned Unit Development
districts on any property in the City currently zoned for
industrial uses, and
WHEREAS, the adopted Planned Unit Development Ordinance
contained language that would require the Planning Board to
serve as lead agency on the associated environmental review and
require a project to receive a negative declaration of
environmental significance in order to be considered eligible
for a Planned Unit development, and
WHEREAS, the Planning Board may not serve as lead agency in all
instances, because, for example, Common Council could choose to
serve as lead agency, and a proposed project may complete its
environmental review even if it receives a positive declaration
of environmental significance as long as it is able to mitigate
the impacts of the environmental impacts, and
WHEREAS, in order to allow for these projects to be eligible for
planned unit developments, the language of the ordinance must be
amended to allow for projects that have adequately completed
environmental review, so that the project can progress through
construction, to be considered by the Common Council for PUD
approval; now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that Chapter 325, Article IV, Section 325-12 of the
Municipal Code of the City of Ithaca be amended as follows:
Minutes Approved at
November 12, 2014 P&EDC Meeting
Section 1 Chapter §325-12.G.[8], [9], [11], and [12] shall be
deleted in their entirety and replaced, respectively, with:
[1.] Site Plan Review Application - Applicant
submits a site plan review application. The
Planning Board commences the environmental
review process in compliance with the State
Environmental Quality Review Act (SEQRA) and
the City Environmental Quality Review Ordinance
(CEQRA) and conducts the normal site plan
review process. To the extent that the
Planning Board declares its intent to be the
lead agency for the environmental review of the
project and the PUD, the Planning Board
notifies all other involved agencies including
the Common Council.
[2.] RESERVED.
[11.] RESERVED.
[12.] Common Council Consideration of the PUD
- When and if the Planning Board has completed
its environmental review of the project to the
extent required under SEQRA and CEQRA and has
issued a contingent site plan approval, the
project will return to the Common Council for
final consideration of the adoption of the PUD.
Final Council approval, if any, shall be
granted via ordinance.
[13.]
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 effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
Minutes Approved at
November 12, 2014 P&EDC Meeting
c) Lot Coverage Amendment, decks
JoAnn Cornish stated that in practice this is already in place, but has not
been adequately stated in the Code. This is an effort to reduce the
amount of structure on the lots.
She further stated that in the Fall Creek area where the lots are much
smaller than other areas in the City, if the proposed deck being built will
often require a variance.
Declaration of Lead Agency for Environmental Review for –
An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325,
Entitled “Zoning” To correct inconsistencies so that the area of deck(s), balconies
projecting more than two feet from the face of a building, ramps, and landings, in
addition to buildings and accessory structures, is included in determining the
maximum percentage of lot coverage, a District Regulation requirement.
Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed
unanimously.
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
Municipal Zoning Code in order to correct inconsistencies pertaining to maximum
percentage of lot coverage.
Determination of Environmental Significance for –
An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325,
Entitled “Zoning” To correct inconsistencies so that the area of deck(s), balconies
projecting more than two feet from the face of a building, ramps, and landings, in
addition to buildings and accessory structures, is included in determining the
maximum percentage of lot coverage, a District Regulation requirement.
Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed
unanimously.
Minutes Approved at
November 12, 2014 P&EDC Meeting
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the
Municipal Zoning Code in order to correct inconsistencies pertaining to maximum
percentage of lot coverage, 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-l–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.
ORDINANCE NO. ____
Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed
unanimously.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, of the Municipal Code of the City of Ithaca, entitled Zoning, be amended
as follows:
Section 1. Chapter 325 (“Zoning”), Section 325-3, entitled, “Definitions and word usage”
is hereby amended to add additional clarifying language to the definitions of “Building”,
“Building area”, and “Structure” to read as follows:
“Building” -Any structure wholly or partially enclosed within exterior walls or within
external and/or party walls and a roof, affording shelter to persons, animals or property,
including porches, (See “structures”.)
“Building Area” – The total area (taken on a horizontal plane at the main grade level)
Minutes Approved at
November 12, 2014 P&EDC Meeting
of the principal building and all accessory buildings, including porches, attached or free
standing decks, balconies projecting more than two feet from a building or structures,
ramps, and/or landings. The total building area shall be used for determining required
yards and maximum percentage of allowed lot coverage but shall not include parking
areas and parking spaces. Pergolas, and terraces and patios shall be exempt from total
lot coverage requirements. However, neither pergolas or terraces and patios above
grade shall be located in a required yard.
“Structure” – Anything constructed or erected on the ground or is attached to another
structure or building. Structures shall not include patios or terraces.
Section 2. Chapter 325 (“Zoning”), Section 325-3, entitled, “Definitions and word
usage” is hereby amended to add the following new definitions for “Deck”, “Pergola”,
“Porch”, and Terrace or Patio”:
“Deck”- a “structure” freestanding or attached to a building or an above ground
swimming pool, consisting of one or more planes constructed of wood, metal, and/or
other materials including a support system of footings and foundation walls and/or,
piers, pilasters, columns, and posts, joists, beams, stringers, floor boards, and/or similar
structural members, and including, any open enclosure, ramps, and/or landings with the
ground and/or an adjourning structure and, if required by building code, balusters and
railings.
“Pergola” – an arbor or passageway for climbing plants with an overhead frame
supporting open lattice work.
“Porch” – a structure projecting from the wall or walls of a building, with a roof, that
may be open to weather or wholly or partially enclosed with walls. A porch shall be
deemed part of the building.
“Terrace or patio” – a level plane or surfaced patio that is less than 18 inches above
grade, without a roof, and not supported by any permanent structure. Terraces and
patios above grade shall not encroach into required yards.
Section 3. Chapter 325 (“Zoning”), Section 325-8A.(10) “Column (10): Maximum
Percentage of Lot Coverage by Building”, be amended to read as follows:
On a lot hereafter used, no greater percentage of total lot area may be covered by
principal and accessory buildings above ground. For this purpose, the area covered by
principal and accessory buildings shall include all porches, attached or freestanding
decks, balconies projecting more than two feet from a building or structure, ramps,
and/or landings. This sum, divided by the total lot area, shall not exceed the maximum
allowed percentage of lot coverage specified in this column.
Minutes Approved at
November 12, 2014 P&EDC Meeting
Section 4. Chapter 325 (“Zoning”), Section 325-18, entitled “Yard regulations” is hereby
amended to add clarifying language to section 325-18A., entitled “Porches”, to read as
follows:
Section 325-18A. Porches and structures.
All porches, attached or freestanding decks, balconies projecting more than two feet
from a building or structure, ramps, and/or landings shall be considered a part of the
building in both the determination of required yards and lot coverage.
d) Amendment to Community Investment Incentive Tax Abatement
Program (CIITAP)
Nels Bohn, IURA Director, explained the changes made to this resolution after
the packet was distributed. It was to clarify that applicants if owning other
properties in the City, it can be checked whether that property is in good
standing.
CIITAP - Municipal Compliance Amendment
Moved by Alderperson Kerslick; seconded by Alderperson Martell. Passed unanimously.
Whereas, the Community Investment Incentive Tax Abatement Program (CIITAP) provides
financial incentives through the Tompkins County Industrial Development Agency (IDA) to
encourage appropriate real estate and business investment in the core areas of the City and
redevelopment of environmentally contaminated sites, and
Whereas, the CIITAP program requires a two-step application process whereby applications
must first satisfy minimum City of Ithaca eligibility requirements to advance for consideration by
the IDA, and
Whereas, there are currently three eligibility criteria for a CIITAP application to be approved by
the City for IDA consideration:
1. Project size – project will increase the assessed value of property by at least $500,000;
2. Project density – project will contain a minimum of 3 stories or constitute a major
restoration of an existing building; and
3. Project location – project is located within the Density District or includes a DEC-listed
inactive hazardous waste site, and
Whereas, a CIITAP applicant who is delinquent on taxes, assessments, fees or penalties due to
the City or owns one or more properties with one or more violations of local laws or regulations
should not be eligible for special assistance through the CIITAP program until the applicant and
all properties owned by the applicant come into compliance, and
Whereas, requiring a CIITAP applicant to remedy existing violations or delinquencies as a
condition of eligibility may bring eliminate violations and bring properties into voluntary
compliance without expending enforcement resources; now, therefore, be it
RESOLVED, that the City of Ithaca Common Council hereby amends its Community Investment
Incentive Tax Abatement Program policy to include the following fourth eligibility criteria:
4. Municipal compliance – all each property in the City of Ithaca owned by the applicant
Applicant must be in full compliance with all applicable local laws and regulations,
Minutes Approved at
November 12, 2014 P&EDC Meeting
consent agreements, and orders of the Director of Code Enforcement, and current on all
local taxes, assessments, fees and penalties due to the City, and be it further
RESOLVED, for the purposes of the CIITAP municipal compliance requirement, an the
Applicant shall be deemed to include the following, whether they are natural persons, business
entities, or other forms of organization:
• For a sole proprietorship, the sole proprietor;
• For a Limited Liability Corporation (LLC), all members owning 20% or more of the
companyentity;
• For a partnership, all general partners and all limited partners owning 20% or more of
the equity of the firm; and
• For a corporation, all owners of 20% or more of the corporation and each officer and
director, ; and be it further
RESOLVED, for the purposes of the CIITAP municipal compliance requirement, properties
owned by the Applicant in the City of Ithaca shall include any property for which an Applicant
has an ownership interest of 20% or more.
Alderperson Brock recommended the last Resolved be added to the application.
6) Review and Approval of Minutes
a) August 2014 – Moved by Alderperson Kerslick; seconded by Alderperson
Martell as amended with Alderperson Brock’s recommendations. Passed
unanimously.
A brief conversation took place about the number of projects currently in the
“hoper”. JoAnn agreed to send the group the list of projects.
7) Adjournment
Moved by Alderperson Murtagh; seconded by Alderperson. The meeting was
adjourned at 7:50 p.m.