HomeMy WebLinkAboutMN-CC-1984-08-0139
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK.
Regular Meeting 8:15 P.M. August 1, 1.984
PRESENT:
Mayor Gutenberger
Aldermen (10) - Cummings, Dennis, Haine, Hoffman, I-Ioldsworth,
Myers, Peterson, Romanowski, Schlather, Killeen
OTHERS PRESENT:
City Contro ler - Spano
Deputy City Controller - Cafferillo
Director, Youth Bureau - Cutia
Acting Supt. of Public Works - Dougherty
Personnel Administrator - Best -Shaw
Building Commissioner - Hoard
Director, Planning and Development - Van Cort
Fire Chief - Tuckerman
City Clerk--- Rundle
Ll) County Board of Representatives - Stein
Pres., PoJ:ice Benevolent Assoc. - Petry
f)f B.P.W. Commissioner - Gerkin
Developer - Travis
Architect - Taube
!, PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance
to the American flag.
MINUTES:
Approval of Minutes of the July 11,1984 Meeting
Alderperson Peterson requested the following corrections:
On page 1; Special Order of Business; Resolution to Open Public
Hearing under "the following persons spoke in favor of rezoning
Valentine Place to R -1a ", the correct spelling of last name of
Rishi Raj is RAJ, not Raju.
On page 2, Mr. Rabinowitz' first name is Joel.
Resolution
By Alderman Schlather: Seconded by Alderman Killeen
RESOLVED, That the minutes of the July 11, 1984 meeting be approved
as corrected.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Pudic Ifearing -- Valentine Place -- Continuation of Public Hearing
Adjourned at July 11, 1984 Aleeting
Resolution to Open Public Hearing
By Alderman Dennis: Seconded by Alderman Killeen
RESOLVED, That the Public Hearing, Valentine Place, Continuation
of Public hearing adjourned at July 11, 1984 meeting, be declared
open.
Carried Unanimously
Mayor Gutenberger reported that comment has been received from
the County Planning Department, as required by law. He read the
(awo", following letter from Mr. Frank Liguori, Commissioner of the
Tompkins Count), Planning Department:
"July 25, 1984
To: Joseph A. Rundle, City Clerk
City of Ithaca
108 East Green Street
Ithaca, New York 14850
119''s -2- August 1, 1984
Re: Zoning Review Purusant to Section 239 -1 and -m of the New
York State General Municipal Law.
Case: Proposed Valentine Place rezoning (within S00 -feet of a
state highway, Route 79)
This will acknowledge receipt of the proposal for review under
Section 239 -m.
The proposal, as submitted, will have no significant deleterious
impact on intercommunity, county, or state interest. Therefore,
no recommendation is indicated by the County Planning Department
and you are free to act without prejudice.
However, we urge that you consider fully the consnuences of taking
a zoning action which is in apparent disagreement with the develop-
ment policy published in the Ithaca General Plan. The need for
rental housing in the Ithaca /Tompkins County community continues
to be a matter of concern. The development proposal which prompted
this proposed rezoning is for a close -in site which is within
walking distance of three major employment centers, has an estab-
lished infrastructure, and is within one block of public transpor-
tation. Although rental housing can be developed elsewhere in the
community' it' is unlikely that many sites with all of the advantages
of this one c.an be found..
Please submit a copy of your decision so that we can make it a
part of the record.
Respectfully submitted,
Frank R. Liguori, Commissioner
Tompkins County Planning Department"
Chris Zinder, 104 Valentine Place, representing Valentine Place
Neighborhood Alliance, spoke to Council regarding the rezoning of
Valentine Place. The Neighborhood Alliance understands there is
a discrepancy between the EIS map and the City zoning map which
led to an error in the present: resolution. Although everyone is
anxious to have the area zoned for residential use, the Alliance
supports the necessary delay. Secondly, the Neighborhood Alliance
prefers to see the present resolution corrected and passed. How-
ever, they recognize and understand the problems for Ithacare.
If something could be worked out to exclude the Ithacare parcel,
they as a neighborhood would support this. This statement comes
to the Council with the unanimous support of the neighbors.
Resolution to Close Public Hearing
By Al erman Sc lat er: Seconce _ y Alderperson Haine
RESOLVED, That the Public Hearing to consider rezoning of Valentine
Place, be declared closed.
Carried Unanimously
Public Hearing -- City's application for a grant from U.S. Dept. of
housing and Urban Development or fun ing assistance for development
of a housing ret lia p`Tli c c parking pro f ect i legetown
Resolution to Open Public Hearing
By Alderman Dennis: Seconded by Alderman Killeen
RESOLVED That the Public Hearing to consider the City`s Ipplicat -i_oir °
for a grant from the U.S. Dept. of Housing and Urban Development
for funding assistance for development of a housing /retail public -IJ
parking project in Collegetown, be declared open.
Carried Unanimously
Seymour Turk, Collegetown merchant, presented a petition with Sl
signatures of merchants against special tax assessment on College-
town merchants for the proposed parking ramp on Dryden Road.
The .following persons spoke in opposition to the special tax
assessment on the Collegetown parking ramp:
-3-
August 1, 1984
3499
Therse Lauer, 319 Eddy Street
Jason Fane, owner of property in Collegetown
Theron Johnson, property owner in Collegetown.
Richard McNeil, 207 Eastwood Avenue, spoke to the Council opposing
the construction of the parking ramp for economic reasons. He
stated that in his opinion the taxpayers are "getting had.."
Paul Sayvetz, 201 Elm Street, commented that there was too much
secrecy regarding the project. No one seems to know whats going
on. Ile suggested a different design of the parking ramp which
would be less expensive to build. He commented that he objected
to the City applying for a grant that is suppose to help low- income
people for use in Collegetown, which is the gold mine of the rental
market in Ithaca.
Chris Cail, 373 Dubois Road, spoke to Council regarding the issue
of space for child care facilities. She recommends that if there
is not enough space to be alloted for an economically efficient
child care center, that space be found elsewhere.
The follow.i.ng person spoke in favor of the Collegetown Development:
Steve Fontana, 401 Eddy Street
0")
Resolution to Close Public hearing
By Alderman Killeen: Seconded by Alderperson Haine
RESOLVED, That the Public I- Iearing on City's application for a
grant from U.S. Dept. of Housing and Urban Development for funding
assistance for devel opment of a housing /retail public parking
project in Collegetown, be declared closed.
Carried Unanimously
Public Hearing -- Proposed change to zoning ordinance Section 30.100
enti.tleci 'Penalties for Violation'
Resolution to Open Public Hea rL ng
By Alderman Sc hlat er: Secoii—ded by Alderman Killeen.
RESOLVED, That the Public Hearing on proposed change to zoning
ordinance Section 30.100 entitled 'Penalties for Violation' be
declared open.
Carried Unanimously
No one appeared to speak at the Public Hearing on proposed change
to zoning ordinance Section 30.1.00 entitled 'Penalties for Viola -
tion.'
Resolution to Close Public Hearing
By Alderman Hoffman: Secon e y Alderman Killeen
RESOLVED, That the Public Hearing on proposed change to zoning
ordinance Section 30.100 entitled 'Penalties for Violation' be
declared closed.
Carried Unanimously
ADDITIONS OR DELETIONS TO THE AGENDA:
Budget and Administration Committee
Alderman Dennis requested tie following:
Item F - Chief Filter Plant Operator Position -
Resolution - be deleted.
Item L - Labor Negotiator and Labor Relations
Consultant - Resolution - be added.
Item K - Salary Adjustments - change from possible
resolLiti.on to resolution.
No Council member objected.
Planning and Development Committee
Alderperson Cummings requeste the following be added:
C -1 -- Collegetown Development Project Environmental
Assessment - Determination of Significance—
Resolution
400 -4- August 1, 1984
C -2 - Collegetown Development - Resolution
No Council member objected.
Unfinished Business
Alderman Hoffman requested the addition of the following:
Lincoln Street Group Home - Resolution
No Council member objected.
New Business
Alderman Sc lather requested the following two items be added
providing for Public Notice and Public Hearing on Valentine Place
Rezoning:
Resolution which incorporates the changes suggested
by Corporate Counsel, as a result of his memo.
Resolution in the alternative which excludes
Ithacare parcel from the R -la zone.
No Council member objected.
Charter and Ordinance Committee
Alderman Scilatier requested the following be withdrawn:
Item A - Valentine Place Rezoning - Resolution
No Council member objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Community Police Boar
John Petry, Ithaca Police Department, spoke to the Council. regarding
the proposed Local Law pertaining to the Community Police Board.
The Police Benevolent. Association has some serious problems with
paragraph 2 of S 2.13 in the proposed ordinance. The PBA feels
this ordinance gives the Police Commissioners powers which they
feel are in conflict with the Civil Service Law.
Valentine Place Rezoning
Joel Rabinowitz, 912 E. State Street, requested that the Council
move the Valentine Place resolutions under New Business up in the
agenda..
Mayor Gutenberger responded that the three items which are concerned
with the Public Hearings and those for the public to discuss will
be done before the rest of the agenda.
REPORT OF BOARD OF REPRESENTA'T'IVES:
Department ot Social Services
Rep. Stuart Stein reported that the space for the Department of
Social Services is firmly rooted downtown and plans are being made
to fix up the department.
Old Hospital
Rep. Stuart Stein reported that the old hospi.til is in the process
of being sold. The title should be transferred by the 15th of
Atlgus t.
Armory
Rep. Stuart Stein gave a brief report on the Armory resolution
before the County Board.
COMMUN I CATIONS FROM THE MAYOR:
Television Programming Complaints
Mayi.r Gutenberger reported. that the FCC has been officially
requested to waive the Must Carr Rule.
Senior Citizen Discounts for Television Cable
Mayor Gutenberger reported that a number of Senior Citizens have
requested that there be a Senior Citizen discount on the cable
rates. He requested that the Charter and Ordinance Committee look
into this matter.
MAYOR'S APPOINTMENTS:
Ithaca Lan mar s Preservation
Mayor Guten erger requested F
of James Loveall, 302 Lake Av
vation Committee, with a term
the unexpired term of Demet.ra
-s-
August 1, 1984
4U1
Committee
me Council to approve the appointment
°nue, to the Ithaca Landmarks Preser-
to expire December 31, 1985, filling
Dentes, who has resigned.
Resolution
By Alderman Dennis: Seconded by Alderman Killeen
RESOLVED, That this Common Council approves the appointment of
James Loveall, 302 Lake Avenue, to the Ithaca Landmarks Preservation
Committee, with a term to expire December 31, 1985.
(6000" Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
Community Polh.ce Boar - Local Law
Resolution
By Alderman Schlather: Seconded by Alderman Dennis
LOCAL LAW NO. ' OF THE YEAR 1984
A LOCAL LAW AMENDING ARTICLE II OF THE CITY OF ITHACA CHARTER,
SECTION 2.;13, ENTITLED "BOARD OF POLICE COMMISSIONERS."
-? BE IT ENACTED by the Common Council of the City of Itha.ca,
}j New York, as follows:
rfl SECTION 1. Amending Article II of the Ithaca City Charter,
f.) Section 2.13 entitled "Board of Police Commissioners."
<1 Section 2.13 of the Ithaca City Charter is hereby amended to
read as follows:
g 2.13 Community Police Board
The Mayor shall appoint a Community Police Board, subject to
the approval of Common Council. The Community Police Board. shall
consist of five commissioners, no more than two residing in any
one ward of the City. The term of office of each commissioner
shall be three years, commencing on the first day of January. No
more than two commissioners shall be appointed in any one year.
The terms of the three existing commissioners shall continue
unchanged. No elected City official shall be a member of the
Community Police Board. A commissioner shall hold office until
his /her successor shall have been chosen and qualified. A
vacancy for an unexpired term may be filled in the manner set
forth under this Charter, except that the limitation on the
number of appointments per year shall not apply. All commissioners
shall be duly qualified electors of the City of Ithaca for at
least two years immediately preceeding their appointment. All
commissioners shall serve without salary.
The Community Police Board shall have power to enforce within
the City the laws of this State relating to the police thereof.
It may prefer charges against any member of the police force.
It may prescribe and enforce rules, by -laws, and regulations for
the government of the police force of the City, not inconsistent
with the laws of this State, which shall be promulgated through
the Chief of Police to the whole force; however, the Chief of
Police shall have immediate direction and control of the police
in the administration of such rules, by -laws and regulations.
The Community Police Board shall act as community liaison to
the police force, actively fostering positive communication
between the police and all segments of the community; it shall
make provisions for resolving complaints by the citizenry related
to the delivery of police services and all other matters under
its jurisdiction; it shall recommend on its own initiative or
at the request of the Mayor, Common Council or the Police Chief
on any matter affecting the policy or performance of the Police
Department, including finances and budget; it shall perform such
other related duties as requested by the Mayor or the Common
Council.."
402 -6- August 1, 1984
SECTION 2. Amending Article II of the Ithaca City Charter,
Section 2.14 entitled "Organization and Meetings of the Community
Police Board."
Section 2.14 of the Ithaca City Charter is hereby amended to
read as follows:
8 2.14 Organizations and Meetings of the Community Police Board.
At their first meeting in January of each year, the members
of the Community Police Board shall organize as a board by electing
one of their members as Chairperson. The Community Police Board
shall hold such stated and special meetings at such time and place
as it may determine, but at least once in each month. Three members
?of said Board shall' constitute a quorum."
SECTION 3. EFFECTIVE DATE. This Local Law shall take effect
immediately upon filing with the Secretary of State.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Parking Ordinance
Resolution
By Al erman Schlather: Seconded by Alderman Killeen
ORDINANCE NO. 84 -11
AN ORDINANCE AMENDING CHAPTER 60 ENTI'T'LED "TRAFFIC AND
VEHCILES" OF THE CITY OF ITHACA `•IUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. That 9 60.43 entitled "Parking Prohibited in
Designated Locations" of ARTICLE IV entitled "PARKING, STANDING,
AND STOPPING" of CHAPTER 60 entitled "TRAFFIC AND VEHICLES" of
the City of Ithaca Municipal Code be, and the same is, hereby
amended as follows:
A. Delete:
"Meadow Street, west side, from Buffalo Street to Seneca
Street."
"Meadow Street, west side, from Green Street to Elmira Road."
"Meadow Street, west side, from Seneca Street to south City
line."
"Meadow Street, west side, from:"
"Two hundred eighty -five (285) feet north of
Elmira Road to fifty (50) feet south of the south
curb line of West Clinton Street, a distance of
two thousand three hundred ninety -:five (2395) feet."
"Fifty (50) feet north of the north curb line of
Fulton Street to fifty (50) feet south of the south
curb line of Green Street, a distance of four
hundred twenty (420) feet."
"Fifty feet north of the north curb line of Esty
Street to a point fifty (50) feet south of the
south curb line of Cascadilla Street."
"Meadow Street, east side, from:"
-7-
August 1, 1984 403
"Two hundred eighty -five (285) feet north of
Elmira Road to fifty (SO) feet south of Wood
Street, a distance of one thousand one hundred.
ninety (1190) feet."
"Fifty (50) feet north of Wood Street to fifty
(50) feet south of South Street."
"Fifty (50) feet north of South Street to fifty
(50) feet south of South Titus Avenue."
"Meadow Street, east side, from fifty (50) feet
north of the north curb line of West Clinton
Street to fifty (50) feet south of the south curb
line of Cleveland Avenue."
"Nest Clinton Street, north side, from a point
one hundred (100) feet west of the west curb line
of Meadow Street, westerly, a distance of one
hundred fifty (150) feet."
Section 2. This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
provided in 5 3.11 (B) of the Ithaca City Charter.
Carried Unanimously
Recess
Common Council recessed at 9:20 p.m. and reconvened in regular
session at 9:30 p.m.
NEW BUS1NES_S:
1zc sol art i o-n of Common Counc i 1 1 iti-oduc: ing Proposed Changes to
Zoning Or finance and Providiing oar Public Notice and Public
Hearing
By Alderman Schlather: Seconded by Alderman Dennis
RESOLVED, That Ordinance No. 84- entitled "An Ordinance amending
the Zoning Map, S 30.22 of Chapter 30 entitled 'Zoning' of the
City of Ithaca Municipal. Code" be and it hereby is introduced
before the Common Council of the City of Ithaca, New York, and be
It further
B. Insert
"Meadow Street, both sides, from
fifty (50) feet
north of the north curb line of Esty Street to
a point fifty (50) feet south of
the south curb
line of Cascadilla."
"Meadow Street, both sides, from
fifty (50) feet
north of the north curb line of
Court Street to
a point fifty (50) feet south of
the south curb
line of Esty Street."
"Meadow Street, both sides, from
fifty (50) feet
north of the north curb line of
Buffalo Street
to a point fifty (50) feet south
of the south curb
CO
line of Court Street."
"Meadow Street, both sides, from
fifty (50) feet
north of the north curb line of
Seneca Street to
fifty (50) feet south of the south
curb line of
Buffalo Street."
"Meadow Street, west side, from
fifty (50) feet
north of the north curb line of
Fulton Street to
fifty (50) feet south of the south
curb line of
Green Street."
"Meadow Street, east side, from
fifty (50) feet
north of the north curb line of
Cleveland Avenue
to fifty (50) feet south of the
south curb line
of Green Street."
"Meadow Street, east side, from fifty (50) feet
north of the north curb line of West Clinton
Street to fifty (50) feet south of the south curb
line of Cleveland Avenue."
"Nest Clinton Street, north side, from a point
one hundred (100) feet west of the west curb line
of Meadow Street, westerly, a distance of one
hundred fifty (150) feet."
Section 2. This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
provided in 5 3.11 (B) of the Ithaca City Charter.
Carried Unanimously
Recess
Common Council recessed at 9:20 p.m. and reconvened in regular
session at 9:30 p.m.
NEW BUS1NES_S:
1zc sol art i o-n of Common Counc i 1 1 iti-oduc: ing Proposed Changes to
Zoning Or finance and Providiing oar Public Notice and Public
Hearing
By Alderman Schlather: Seconded by Alderman Dennis
RESOLVED, That Ordinance No. 84- entitled "An Ordinance amending
the Zoning Map, S 30.22 of Chapter 30 entitled 'Zoning' of the
City of Ithaca Municipal. Code" be and it hereby is introduced
before the Common Council of the City of Ithaca, New York, and be
It further
404 -8- August 1, 1984
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Council Chambers, City Hall at No. 108 East Green Street
in the City of Ithaca, New York, on Wednesday, the Sth day of
September, 1984 at 8:15 p.m, and be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper, specifying
the time when and the place where such public hearing will be held,
and in general terms describing the proposed ordinance. Such
notice shall be published once at least fifteen days prior to the
public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and to the Tompkins County
Planning Board a true and exact copy of the proposed zoning
ordinance for its report thereon.
ORDINANCE N0. 84-
AN ORDINANCE AMENDING THE ZONING MAP, SECTION 30.22 OF
CHAPTER 30,ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL
CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
SECTION 1. AMENDING ZONING MAP.
"1. That the "Official Zoning Map of the City of Ithaca,
New York," as last amended, is hereby amended and changed so
that the following.described areas presently in the R -3a Residential
District and P -1 Public Use District are reclassified and changed
to the R -la Residential District:
All that tract or parcel of land situate in the City of
Ithaca and described generally as follows:
Beginning at a point located on the southerly boundary of
East State Street at its intersection with the westerly property
line of 901 East State Street; thence easterly along the southerly
boundary of East State Street, which is also the northerly boundary
of the currently zoned R -3a District, to the westerly boundary of
the currently zoned R -lb Residential District; thence southerly
along the westerly boundary of said R -lb Residential District to
a point on said lane as it bounds the existing P -1 District marked
by the intersection of the city water line with the R -lb boundary,
which point is just northerly of the Six -Mile Creek gorge rim;
thence in a generally westerly direction along the course marked
by the current placement of said water line as it bends and curves
through the existing P -1 zone to the southeasternmost corner of
the most easterly structure now standing on the so- called Ithacare
site currently located in the P -1 zone; thence along the southern-
most outline of said structure and adjacent structures to the north-
western corner of the westernmost adjacent connected building to
a point marked by the intersection of said corner with a sanitary
sewer line; thence along the course marked by the route of said
sanitary sewer line as it bends and curves in a roughly northwesterly
course which is roughly parallel to the Six -MiJe Creek gorge rim
to a point marked by the eastern boundary of the public right -of-
way at the confluence of Quarry Street, Ferris Place, and the so-
called Columbia Street footbridge; thence along the easterly bounda
o:f said public right -of -way in a generally northeasterly direction
to the existing southerly boundary of the R -3a District which fronts
on Last State Street; thence along the southerly boundary of said
R -3a District, which is also the rear property lines of the southern
or southwesterly 800 block of East State Street to the westernmost
boundaries of the property located at 901. East State Street; thence
along the western boundary of said property known as 901 East State
Street to the point or place of beginning.
-9- August 1, 1981
405
SECTION 2. The aforesaid description shall be added to the
"Official Zoning Map of the City of Ithaca, New York" as a. foot-
note so as to better define this district:.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
RESOLVED, That the City Clerk give: notice of such public hearing
by the publication of a notice in the official newspaper, specifying
the time when and the place where such public hearing will be held,
and in general terms describing the proposed ordinance. Such
notice shall be published once at least fifteen days prior to the
public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and to the Tompkins County
Planning Board a true and exact copy of the proposed zoning
ordinance for its report thereon.
ORDINANCE NO. 84-
AN ORDINANCE AMENDING THE ZONING MAP, SECTION 30.22 OF THE
CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
SECTION 1. AMENDING ZONING MAP.
"1. That the "Official Zoning Map of the City of Ithaca, New
York," as last amended, is hereby amended and changed so that the
following described areas presently located in the R -3a Residential
District and P -1 Public Use District are reclassified and changed
to the R -la Residential District:
All that tract or parcel of land situate in the City of Ithaca
and described generally as follows:
Beginning at a point located on the southerly boundary of East
(40001, State Street at its intersection with the westerly property line
OF 901. East State Street; thence easterly along the southerly
boundary of Bast State Street, which is also the northerly boundary
of the currently zoned R -3a D:istrict, to the westerly boundary of
the currently zoned R -lb Residential District; thence southerly
along the westerly boundary of said R -lb Residential District to a
point on said line as it bounds the existing P -1 District marked
by the intersection of the city water line with the R -1b boundary,
Which point is just northerly of the Six-Mile Creek gorge rim;
thence in a generally westerly direction along the course marked by
the current placement of said ivater line as it bends and curves
through the existing P -] zone to a point marred by the intersection
Ayes (9) -
Peterson, Hoffman, Killeen, Haine, Dennis, Myers,
Romanowski, Schlather, Holdswor.th
Nay (1) -
Cummings
Carried
Valentine Place
- Alternative
Resolution of
Common Council Introducing Proposed Changes to
Zoning Ordinance and Providin or Public N and Pu is Ilearin
By Alderman Sc
lather: 6econded by Alderman Killeen
RESOLVED, That
Ordinance No. 84- entitled "An Ordinance Amending
the Zoning Map,
S 30.22 of Chapter 30 entitled 'Zoning' of the
City of Ithaca
Municipal Code' be and it hereby is introduced before
the Common Council
of the City of Ithaca, New York, and be it
further
Iw.?
RESOLVED,-'That
the Common Council shall hold a public hearing in
()j
the matter of
the adoption of the aforesaid ordinance to be held
11
at the Council
Chambers, City Hall at No. 108 East Green Street
(TI-1
the City of
Ithaca, New York on Wednesday, the 5th day of
<.,f
September,
September, 1984
at 8:15 P.M., and be it further
RESOLVED, That the City Clerk give: notice of such public hearing
by the publication of a notice in the official newspaper, specifying
the time when and the place where such public hearing will be held,
and in general terms describing the proposed ordinance. Such
notice shall be published once at least fifteen days prior to the
public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and to the Tompkins County
Planning Board a true and exact copy of the proposed zoning
ordinance for its report thereon.
ORDINANCE NO. 84-
AN ORDINANCE AMENDING THE ZONING MAP, SECTION 30.22 OF THE
CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
SECTION 1. AMENDING ZONING MAP.
"1. That the "Official Zoning Map of the City of Ithaca, New
York," as last amended, is hereby amended and changed so that the
following described areas presently located in the R -3a Residential
District and P -1 Public Use District are reclassified and changed
to the R -la Residential District:
All that tract or parcel of land situate in the City of Ithaca
and described generally as follows:
Beginning at a point located on the southerly boundary of East
(40001, State Street at its intersection with the westerly property line
OF 901. East State Street; thence easterly along the southerly
boundary of Bast State Street, which is also the northerly boundary
of the currently zoned R -3a D:istrict, to the westerly boundary of
the currently zoned R -lb Residential District; thence southerly
along the westerly boundary of said R -lb Residential District to a
point on said line as it bounds the existing P -1 District marked
by the intersection of the city water line with the R -1b boundary,
Which point is just northerly of the Six-Mile Creek gorge rim;
thence in a generally westerly direction along the course marked by
the current placement of said ivater line as it bends and curves
through the existing P -] zone to a point marred by the intersection
4.06
-10- August 1, 1984
of said water line with the eastern boundary of the Ithacare
property (Tax map parcel #83 -2- 2,1.21); thence along said eastern
boundary of the Ithacare property in a generally northeasterly
direction to a point where said eastern boundary intersects the
southern boundary of the currently zoned R -3a District; thence
generally in a northerly and westerly direction along said R -3a
zone boundary to a point marked by the southwestern corner of the
premises known as 901 East State Street; thence along the western
boundary of the premises known as 901 East State Street to the
point and. place of beginning.
SECTION 2. The aforesaid description shall be added to the
"Official Zoning Map of the City of Ithaca, New York," as a footnote
so as to better define this district.
SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect
immediately and in accordance with law upon publication of notice
as provided in S 3.11 (B) of the Ithaca City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
Collegetown Development Project Environmental Assessment -
Determinatlon of Signi icance
By Al erperson Cummings: Seconded by Alderperson Haine
WHEREAS, the City of Ithaca has undertaken preparation of a
comprehensive plan for the revitalization of Collegetown
through the coordinated development of residential, cultural,
commercial and public improvements, and
WHEREAS, a proposal has been made for a combined residential-
commercial-parking facility for a Collegetown site, which is
dependent on a federal Housing Development Action Grant ( HODAG)
for funding assistance, and
WHEREAS, a prerequisite for submission of the HODAG grant is
completion of an environmental review of the potential impact
of the project, and publication of a Notice of Determination
of Significance of the project in terms of environmental impact,
which publication must precede the grant application submission,
and
WHEREAS, Common Council is the Lead Agency, under City regula-
tions, for the purpose of making Determination of Significance
regarding actions of this type, and
WHEREAS, an Environmental Assessment form has been prepared for
the proposed project, which indicates that the project is not
likely to have significant environmental impact, be it
RESOLVED, That the Common Council of the City of Ithaca determines
that the subject Collegetown residential- commercial - parking project
will not have a significant effect on the environment, and be it
further
RESOLVED, That the required Notice of Determination of Significance
be filed and circulated as provided in the City's Environmental
Quality Review Ordinance, and be it further
RESOLVED, That the subject HODAG application may be submitted
without further environmental review.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (6) - Killeen, Ilaine, Dennis, Cummings, Myers, Romanowski
Nays (4) - Peterson, Hoffman, Holdsworth, Schlnther
Carried
19,
-11-
August 1, 1.984
Collegetown Development 41)'7
By Alcerperson Cummings: Seconded by Alderman Killeen
WHEREAS, the City of Ithaca, Cornell University, represental:i.ves of
community groups, and Travis and Travis, the conditional preferred
developer for the Collegetown redevelopment project, have been
working for some time on the joint plan for the redevelopment of
Collegetown which would include a performing arts center., add.i.tional
parking, street and park improvements, and newly constructed privately
owned buildings, and
WHEREAS, the City has a low vacancy rate for all housing and in
particular for rental housing for low- and moderate - income people, and
WHEREAS, parking for both residents and commercial enterprises in
and around Collegetown continues to be a chronic problem, and
WHEREAS, the City.of Ithaca has previously designated Travis and
Travis as the conditional preferred developer for Collegetown, first
for a housing project, and then for a hotel project which proved
to be financially infeasible, and
WHEREAS, the.U.S. Department of Housing and Urban Development has
published "regulations for a new program known as the Housing
Development Grant Program which provides below market financing
(]:l for production of housing, particularly for low- and moderate -
C income rental housing, and
CIA WHEREAS, the City of Ithaca has been found to be eligible for
participation in this program, and
WHEREAS, the deadline for submission to HUD for applications is
August 14, 1984, and
WHEREAS, Travis and Travis has requested that the City continue
their conditonal preferred developer status for a 64 -unit residen-
tial project on the Collegetown redevelopment site, and
WHEREAS, Travis and Travis has requested that the City submit to
HUD an application for funding under the HODAG program so that
200 of the proposed new housing can be made available for low -
and moderate - income people; now, therefore, be it
RESOLVED, That the Common Council confirms the designation by
the IURA of Travis and Travis as preferred developer for the
Collegetown redevelopment project, through the HODAG application
cycle, with status to continue if application is approved, and be
it further
RESOLVED, That the Common Council hereby approves Travis and
Travis' proposal for construction of a 64 -unit residential and
retail project with 10% of the square footage to be retail and 20a
of housing units to -be rented at low rents as specffied by HUD
regulations, subject to City design review as described in the
option proposal dated June 13, 1983, and subject to approval of
the HODAG by HUD, and be it further
RESOLVED, That the Common Council hereby authorizes and directs
Elie Mayor to submit a HODAG application for the Travis and ,Travis
project subject to applicable federal. regulation and subject to
a memorandum dated July 31, 1984 to Mack Travis from II.M. Van Cort
summarizing the negotiations held between the City and Travis and
'Travis, and be it further
RESOLVED, That Common Council direct the IUIZA to prepare for sale
of air and development rights at the value and terms of sale and
payment described in the above cited memorandum to Travis and Travis,
and be it further
RESOLVED, That the Common Council hereby commits the City to design
and construction of a 170 car parking facility on the development
site, to develop a tax benefit district to help finance the parking
facility, and with construction allocation, subject to the award of
IIODAG and subject to formal agreement by Cornell University to
408 -12- August 1, 1984
provide 15 -20 additional parking spaces near the development site
from which the City will receive revenues and to make available
to the residents of the Travis and Travis development project
parking options on University owned land like those offered Sheldon
Court and Cascadilla Hall residents. This includes the availability
of University parking in the Collegetown area and on peripheral
parking lots which are serviced by the University bus system.
Cornell staff and students residing in the apartments would pay
the same fees as Cornell staff and students in Univeristy facilities.
Non - Cornell residents would be offered parking at a. higher rate
(not subsidized), and be if further
J`
RESOLVED, That Common Council expresses its desire that there be
sufficient childcare facilities in the Collegetown vicinty that
low- and moderate- income families will be attracted to the Travis
and Travis project, therefore Council strongly encourages the
developer to design facilities for childcare and recreation into
the project.
MBIORANDUM
r
TO Mack. Travis
FRO1\1: H.M. Van Cort
RE TRAVIS DEVELOPMENT PROPOSAL FOR COLLEGETOWN
DATE: July 31, 1984
This is written to follow up the negotiating committee meeting
of July 30, 1984, and to summarize the agreements reached between
the City and Travis and Travis regarding land cost, air rights,
foundations, HODAG payments and other matters set forth below.
The City and Travis � Travis agree to proceed with. the
Collegetown Redevelopment Project in accordance with the following
terms:
(1) The City agrees to accept Cornell land, which is necessary
for the project, as a grant to the City, in accordance
with William G. Herbster's letter to Mayor John Gutneberger
of July 24, 1984, and the attached survey.
(2) The City agrees to buy from Tavis & Travis the Petrillose
land at a cost of $150,000 and to sell back to Travis &
Travis an easement and rights -of -way as required by the
design of said land for 550,000.
(3) The City agrees to finance said $50,000 payment as a part
of the agreement described below.
(4) The City agrees to sell air rights to the property over
the proposed City -owned garage, as required by jointly -
approved design, to Travis & Travis, for $222,040. This
value is derived as follows:
$12.20 per sq. ft. land value x 26,000 sq. ft. x 700
(The air rights are considered to represent 700 of
the fee simple value of the land.) Thus, the value
of the land is $317,200, and the value - -of the air
rights is 70% of land, or $222,040.
(5) The City approves the proposed design in concept, and
reserves the right to approve in accordance with the
terms agreed to in the Collegetown Land Option between
Travis 6 Traivs and the City, dated June 13, 1983, future
changes in the design as the project is developed through
preliminary design. In addition, the City reserves the
right to review and approve in accordance with the June
13, 1983 Land Option, any future substantial new construction
or renovation v=isible from the building's exterior in air
rights over the City's parking facility.
-13-
August 1, 1984
(6) Travis � Travis agree to pay the City $242,960 as total
payment for preparation of the roof and other parts of
the building in a condition adequate to construct thereon
the proposed housing, retail and maintenance areas as
called for in the jointly - approved design. This is sub-
ject to the timetable described below.
41) 1,1
(7) The financing of the money oared by Travis & Travis to the
City for the above described air rights, easements, rights -
of -way and foundations shall be in the form of a secured
mortgage subordinate to the developer's privately- financed
first mortgage, the HODAG second mortgage, and. additional.
financing as required up to an amount not to exceed
$250,000. The amount and repayment schedule for the mortgage
are as follows:
AMOUNT
a. Air Rights, easements and rights -of -way as required
by design: $222,040
b. Easement and right -of -way over Petrillose
,site: 50,000
I`l
c... Developer's share of garage cost: 242,960
0)
TERMS
a. 7:5% interest only first 10 years: $ 38,625
rO
CO
b. Payments in years 1 through 10: 35,000 /year
C. Simple accrual in years 1 -10: 3,625
d. Total accrual: 36,250
e. Amount owed in year 11: 551,250
f. Payable at 7.5% interest 30 year term- -
years 11 -40: 46,253
g. Upon sale, air rights/ garage mortgage is
fully assumable.
h. Payment and accrual of interest to begin on
date of occupancy or no later than 9 -1 -86.
First payment of $35,000 to be on 8- 30 -87,
and each year thereafter as specified.
(8) The City agrees to apply for a Housing Development Grant
( HODAG) of up to $1.6 million by August 14, 1984. (It
is now estimated that the HODAG will be for $1,382,000
but the Mayor will be authorized to adjust this amount
as requested by the developer upon the advice of Corporate
Counsel and the Director of Planning and Development.)
(9) The terms of repayments on the HODAG shall be as follows:
TERMS
a. No payment in the first three years, 1% interest to
accrue.
b. 1% amortization for the next thirty years of face
amount, plus accrued interest.
C. After the first three years, when the developer's
annual cash on cash return exceeds 11% of the total
equity invested by the partnership, the City shall
receive 40% of the net cash over 11 %.
d. Cash on cash return shall be defined as follows:
1. Gross apartment and retail income less first
mortgage, HODAG payment, additional financing,
air rights /garage payment and expenses.
410 -14- August 1, 1984
2. Expenses shall include all repairs and maintenance,
taxes, insurance, utilities, leasing and management
fees, and a 50 of gross rent per year cumulative
repair replacement reserve.
3. The owner has the right to set aside 50 of gross
income per year which may be accrued for a total
not to exceed 5 consecutive years of accumulation.
e. Upon sale of the project by the partnership, the HODAG
mortgage is assumable, but the City has the right to
renegotiate the mortgage up to its then cost of money.
The City's cost of money shall be determined (1) by
computing the average cost of money to the City in its
long term borrowing through municipal bonds in the
two years previous to refinancing, or (2) by using a
generally accepted industry standard for municipalities
with a bond rating the same as Ithaca's to which the
City and the developer can agree before closing on the
HODAG mortgage or at some later time as mutually agree-
able, except that, if the property is sold to a non - profit
..entity while the City is mortgagee, the upper limit on
t mortgage interest rate shall be entirely removed, and
the entire HODAG mortgage shall be due and payable, or
shall be refinanced at terms solely determined by the
mortgagee.
(10) The City agrees to give the owner 6 parking permits
for use by the owner for the period of the air rights/
garage mortgage which will allow vehicles to be parked,
when spaces are available, without paying parking
fees, except that these permits could not be useable
in either spaces designated for the use of the handi-
capped or for rapid turnover parking.
.11) The City agrees to enter into a legally binding agree-
ment with the developer for purchase of air rights
and parking construction, upon award of the HODAG.
It is the City's intention to begin design of garage
with a construction start no later than March 1, 1985
so that the developer can begin his housing construction
no later than 10/1/85. It is understood by both parties
that time is of the essence and all parties will make
every possible effort to meet the schedule.
(12) The developer agrees to exercise Petrillose option on
August 15, 1984, and to immediately sell his interest
in the site for $150,000 cash to the City, and the
City agrees to purchase this property by October 12,
1984) for $150,000 cash, and the developer will relin-
quish all rights to this land whether or not this
project proceeds.
(13) Should an Environmental Impact Statement be required
by Common Council for the project, the City and the
developer agree to pay for it jointly.
(14) The owner agrees to provide unimproved space adequate
for use for NYS licensed day care in the proposed
building. Rent for unimproved space will be computed
at a square foot rent no greater than average square
foot rents for subsidized housing in the project.
Discussion followed on the floor.
Amendment to Resolution
By Alderman Scllather: Seconded by Alderman Hoffman
Alderman Schlather requested that paragraph 11 in the memorandum
to Mack Travis from H.M. VanCort be modified to read as follows:
"'I'lie City agrees to enter into a legally binding agreement with
l� )
I7l_;
.:_f.
-is-
August 1, 1984
411
the developer for the Purchase of the air rights and parking
construction upon award of the HODAG; it is the City's intention
to begin design of garage with a construction start no l.atei°
than March 1, 1985 so that the developer can begin his housing
construction no later than October 1, 1985. It is understood by
both parties that time is of the essence and all parties will.
make every possible effort to meet this schedule."
Ayes (8) - Peterson, Hoffman, Killeen, IIaine, Romanowski.,
Schlather, Dennis, Holdsworth
Nays (2) - Cummings, Myers
Carried
Main Motion as Amended
The Main Motion as Amended was duly put to a vote on roll call
which resulted as follows:
Killeen
-Aye
Peterson
-Aye
Dennis
-Aye
Hoffman
-Nay
Holdsworth
-Nay
Ayes (6)
Nays `(4)
Cummings
-Aye
Haine
-Aye
Myers
-Aye
Romanowski
-Nay
Schlather
-Nay
Carried
BUDGET AND ADMINISTRATION COMMITTEE:
Amend G.I.A.C. Authorized Equipment List
By Alderman Dennis: Seconded by Alderman Schlather
RESOLVED, That the 1984 Authorized Equipment List for G.I.A.C.
be amended to include the purchase of one 1S passenger van,
as requested by the Youth Bureau Director, at a cost not to
exceed $12,957, and be it further
RESOLVED, That $12,957 be transferred from Account A1990,
Contingency, to G.I.A.C. Account A7311 -215, Motor Vehicles.
Carried Unanimously
Amend Finance Department Personnel Roster
By Alderman Dennis: Seconded by Alderman Schlather
RESOLVED, That the 1984 Finance Department Personnel Roster
be amended, as requested by the City Controller, as follows:
Delete - 1 Senior Account Clerk
Add - 1 Account Clerk /Typist
Carried Unanimously
Account Clerk /Typist Position
By Alderman Dennis: Seconded by Alderman Schlather
RESOLVED, That Laura A. Benedict be appointed a Provisional
Account Clerk /Typist in the Finance Department, at a salary
of $8,304 per annum, that being the minimum of the grade on
the C.S.E.A.- Administrative Unit Compensation Plan, effective
August 6, 1984, and be it further
RESOLVED, That the Civil Service Commission be requested to
hold an open competitive examination for said position.
A vote on the resolution resulted as follows:
Ayes (9) - Peterson, Hoffman, Schlather, Killeen, Cummings,
Myers, Romanowski, Dennis, Ioldsworth
Nay (1) - HHaine
Carried
Funding for Design of Outfall Relocation
By Alderman Dennis: Seconded by Alderman Schlather
WHEREAS, a request was made in connection with the Stewart Park
Revitalization Plan to relocate a por-tion of the outfall sewer
line at the Golf Course, and
412
-16-
August 1, 1984
WHEREAS, the preliminary trst borings which were approved by
the Board of Public Works reveal no adverse impact of relocating
the outfall based on subsurface soil and chemical analyses, and.
WHEREAS, the total design cost associated with the outfall is
$18,800, and
WHEREAS, the Board of Public Works has authorized the Acting
Superintendent to retain the firm of Stearns and Wheler to
perform the engineering services
subject to approval of funds by
fore, be it
for the design of said outfall,
the Common Council; now, there-
RESOLVED, That this Common Council approves $16,100 as the City
share of the design cost, and be it further
RESOLVED, That $16,100 be transferred from G1990, Sewer Contin-
gency, to Capital Project #98 - Wastewater Treatment Plant Phase
2.
Carried Unanimously
Amend D.P.N. Personnel Roster
By Al erma_,n.Dennis: Seconded by Alderman Schlather
RESOLVED, That the 1984 Department of Public Works Personnel
Roster be amended, as requested by the Board of Public Works,
as follows:
Delete - 1 Tree Trimmer
Add - 1 Maintainer
Carried Unanimously
Bond Anticipation Note Authorization
By Alderman Dennis: Seconded by Alderman Schlather
RESOLVED, That the City Controller is hereby authorized and
directed to request Bond Counsel to prepare a Bond Resolution.
Note, in the amount of $1,500,000, for water supply and distri-
bution improvements.
Carried Unanimously
Addition of Positions to Compensation Plan
By Alderman Dennis: Seconded by Alderman Iloldsworth
RESOLVED, That the following positions be added to the 1984 C.S.E.A.
Administrative Unit Compensation Plan, as requested by the
Personnel Director:
Senior Account Clerk /Typist (35 Hours) $ 9,135 - $13,521
Senior Account Clerk /Typist (40 Hours) $10,414 - $15,414
Carried Unanimously
Administrative Assistant Compensation Line
RESOLVED, That the A ministrative Assist nt compensation line
on the 1984 Compensation Plan for Employees Not Covered by a
Union be amended as follows:
From $10,881 - $16,108
To $111316 - $161752
Carried Unanimously
Salary Adjustments
By Alderman Dennis: Seconded by Alderperson Haine
RESOLVED, That the 1984 salary of the following employees be
established, effective July 2, 1984, as follows:
Etta Gray $13,338
Connie Holcomb 13,338
Jean Ilankinson 14,892
Christine Brill 16,108
Ruthann Brown 19,414
Carried Unanimously
9
-17-
August 1, 1984
413
Labor Negotiator and Labor Relations Consulta -nt
By Alderman Dennis: Seconded by Alderman Killeen
RESOLVED, That the Mayor and City Clerk be authorized and
directed to execute an Agreement between the City of Ithaca
and Michael Wittenberg for professional services as Labor
Negotiator and Labor Relations Consultant, for the period
August 1984 to July 1985 at a cost not to exceed $21,500.
Carried Unanimously
Audit
By Alderman Dennis: Seconded by Alderperson Haine
RESOLVED, That the bills audited and approved by the Budget and
Administration Committee, in the total amount of $28,021.25,
(6woe as listed on Audit Abstract #14/1984, be approved for payment.
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
Brick Street Policy
Alderperson Cummings reported that the Planning and Development
Committee is.going to be meeting with Streets and Facilities
Committee and the Board of Public Works to establish a written
IB policy for brick streets in the City.
CO
Greater Ithaca Area Interdevelopmental Cooperative Recreational
and Development Plan
Alderperson Cummings reported that areas have been looked at
lf� for recreational facilities.
Accessory Apartments
Reso ution of Common 'Counci'l Introduciiig Proposed Changes to
fFe Zon g ` brdinance- and- -provi ing or u is Notice am Pub'lic
Hearing
By Alderperson Cummings: Seconded by Alderman Romanowski
IVIIEREAS, demographic changes have resulted in an increase in
the number of smaller households in the City of Ithaca, and
WHEREAS, The City of Ithaca is desirous of aiding low and
moderate- income persons to become and to remain homeowners,
and
IVIIEREAS, the City of Ithaca is desirous of increasing the stock
of rental housing, particularly in owner- occupied buildings, and
WHEREAS, the addition of small housing units will provide home -
owne-rs, especially those of low and moderate income, with a means
of obtaining rental income, companionship, security and services
which will enable them to stay more comfortably in homes and
neighborhoods they might otherwise be forced to leave, and
IVIIEREAS, the Planning and Development Committee of Common Council
commissioned a study of methods of owner- occupancy density regula-
tion, and
WHEREAS, that study identified the Accessory Apartment Ordinance
as a useful tool to satisfy the above objectives; now, therefore,
be it
RESOLVED, That Ordinance No. 84- "An ordinance amending Chapter
30 entitled 'Zoning' of the City of Ithaca Municipal Code, by
addition of a Section 30.27 entitled, 'Accessory Apartments,'
and of a Section 30.62 entitled, 'Separability', and amendment
of Section 30.3, 'Definitions,' Section 30.25, 'District Regulations,
Section 30.26, 'Standards for Special Conditions and Special Permits,
is hereby introduced before the Common Council_ of the City of
Ithaca, New York, and be -it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Council Chambers, City Hall, at No. 108 East Green Street
in the City of Ithaca, New York on the 5th day of September, 1984,
-it. 8:15 o'clo, -L P.M., and he it further
414 -18- August 1, 1984
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper, specifying
the time when and the place where such public hearing will. be held,
and in general terms describing the proposed ordinance. Such
notice shall be published once at least fifteen days prior to the
public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and to the Tompkins County
Planning Board, a true and exact copy of the proposed zoning
ordinance for its report thereon.
RESOLUTION OF COMMON COUNCIL AMENDING
ZONING ORDINANCE
Ordinance No. 84-
AN ORDINANCE AMENDING CHAPTER 30 ENTITLED 'ZONING' OF THE CITY
OF ITHACA MUNICIPAL CODE BY ADDITION OF A S 30.27 ENTITLED
'ACCESSORY APARTMENTS,' AND OF A SECTION 30.62 ENTITLED 'SEPARABILITY'
AND AMENDMENT OF S 30.3, 'DEFINITIONS,' S 30.25, 'DISTRICT REGULA-
TIONS,' AND S 30.26, 'STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL
PERMITS.'
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SEC'T'ION (1.) ADDITION OF SECTION 30.27 ACCESSORY APARTMENTS
That Chapter 30 is hereby amended to add the following Section
30.27:
A. INTENT
This Section authorizes, upon issuance of a special temporary
permit, the installation of accessory apartments in owner -
occupied homes. The purpose and intent of permitting accessory
apartments is to:
1. Provide homeowners, especially those of low and moderate
income, with a means of obtaining through rental income,
companionship, security, and services, and thereby to
enable them to stay more comfortably in homes and neigh-
borhoods they might otherwise be forced to leave;
2. Add inexpensive rental units to the housing stock to
meet the needs of smaller households, both young and old;
3. Make housing units available to low and moderate income
households who might otherwise have difficulty finding
homes within the City;
4. Develop housing lun:its in family neighborhoods that are
appropriate for households at a varierty of stages in
the-life-cycle, thereby lessening fluctuations in
neighborhood demand for services;
S. Preserve and allow the more efficient use of the city's
existing stock of dwellings while ensuring healthy and
safe living environments; and to
6. Protect stability, property values, and the residential
character of a neighborhood by ensuring that accessory
apartments are installed only in owner- occupied houses
and under such additional conditions as may be appropriate
to further the purposes of this ordinance.
B. ISSUANCE OF TEMPORARY PERMIT
Application for an Accessory Apartment Temporary Permit.
shall be made to the Board of Zoning Appeals in accordance
with the Procedures of Sec. 30.58 (c) of this ordinance.
Application shall also be made for a recommendation from
the City Planning and Development Board. Applications
shall_ include the following:
(4) Size. The floor area of an accessory apartment within
a principal dwelling building shall not exceed thirty -
three and one - third percent (33 1/30) of the total habitable
floor area of the building in which it is located. If
the Board of Zoning Appeals determines that a greater floor
space is necessary because the configuration of the building
makes meeting these requirements impractical., then the
Board of Zoning Appeals may waive the maximum. Each
accessory apartment shall be limited to a maximum of 2
bedrooms.
-19- August 1, 1984
1115
-accessory apartment application form
- site plan
- floor plans, existing and proposed with dimensions
specified
- facade drawings, if exterior alterations are
proposed (4" = 1 ft.)
..affidavit of residency and ownership
-proof of notification of property owners within.
200 ft.
- building permit application
-application fee of $13.00
An Accessory Apartment must comply with the New York
State Uniform Fire Prevention and Building Code. An
Accessory Apartment Use Special Permit shall be issued
for a three (3) year period.
C. RENEWALS
Renewal permits for additional three (3) year periods
shah be'granted by the Building Commissioner, following
l)
inspection of the premises by the Building Department,
submission of a renewal application form issued by the
Building Department, and an affidavit stating that the
conditions as originally set forth to the Board of Zoning
NA
Appeals have not changed in any way. The Building
Commissioner shall determine that the premises still.
„
meet the standards of the New York State Uniform Fire
Prevention and Building Code, and that the original
qualifying conditions still exist.
D. REQUIREMENTS
In order to be granted a temporary permit, the following
criteria and requirements must be met:
(1) Owner Occupancy Required. The owner(s) or contract
vendee of the lot upon which the accessory apartment
is located shall occupy and maintain as legal full-time
residence, at least one of the dwelling units on the
premises, except for temporary absences not to exceed
18 months in any S -yeas period. Longer absences will
result in revocation of the temporary permit except by
approval of the Board of Zoning Appeals. Owner - occupants
must maintain 33 1 /3o interest in the property. In
the event of the transfer of the property either by
deed or land contract or lease, to other than the owner's
spouse or other family member residing on the premises,
the permit shall automatically expire aid a new owner
or contract vendee must apply for a renewal permit.
(2) Occupancy. The accessory apartment unit may be occupied
by an individual or family, plus not more than one unrelated
occupant. Minor dependent children in the care of a parent
or relative shall be excluded in determining the number
of unrelated occupants in a dwelling unit.
(3) Location. Accessory apartments may be located on one -
family properties in any district in which residential
use is permitted. An accessory apartment may be located
either in the main structure or in an accessory building,
provided that such accessory building and main structure
meets all requirements of the City of Ithaca Building Code.
There shell be no more than 1 accessory apartment per lot.
(4) Size. The floor area of an accessory apartment within
a principal dwelling building shall not exceed thirty -
three and one - third percent (33 1/30) of the total habitable
floor area of the building in which it is located. If
the Board of Zoning Appeals determines that a greater floor
space is necessary because the configuration of the building
makes meeting these requirements impractical., then the
Board of Zoning Appeals may waive the maximum. Each
accessory apartment shall be limited to a maximum of 2
bedrooms.
4.161
-20- August 1, 1984
(S) Area Requirements. A permit shall be granted by the
Board of Zoning Appeals in spite of existing legal
area deficiencies for main structures, except where
the Board of Zoning Appeals determines that there
would be a negative effect in surrounding properties.
Relaxation of area requirements for purposes of a.
temporary permit shall terminate with the temporary
permit, and shall not be viewed as a variance.
Notwithsatnding any other requirements of this
section, a minimum side and rear yard setback of
S ft. shall be required, except that where light,
air and open space requirements of the City Building
and Housing Code can be met, the S -ft. setback may
be waived in existing main structures, with the
exception of accessory buildings. New structures
housing accessory apartments shall meet all applicable
codes, including the area requirements of this
ordinance.
M— 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 alter-
nate location would be less publicly visible. Any
exterior design changes may be referred by the Board
of Zoning Appeals to the Design Review Board, for
their technical advice. New or additional front
entrances must have the approval of the Design Review
Board.
(7) Off- Street Parking. Off- street parking requirements
shall be met, except in cases of practical difficulty
the Board of Zoning Appeals may waive the parking
requirement, provided that there is adequate parking
in the neighborhood.
(8) Deed Restriction. Within thirty (30) days of an
Accessory Apartment Permit, the owner(s) must record
at the Tompkins County Clerk's Office a Declaration
of Covenants on the subject property, with cross
referencing to the original deed, and provide proof
of such recording and cross referencing, to the
Building Commissioner, who may then issue a building
permit. The Declaration shall. state that the right
to let an accessory apartment ceases upon transfer
of title. The Building Commissioner shall note
existence of an accessory apartment on the record
of the property.
E. UNAPPROVED ACCESSORY _APARTMENTS
Owners of unapproved accessory apartments in existence
as of the effective date of this amendment shall have
ninety (90) days from the date of enactment to apply
for an Accessory Apartment Temporary Permit and to
meet the requirements of this Section. Any such
property owner who is not in the process of completing
or has not completed these requirements within the
required ninety (90) days shall be found in violat=ion
if the apartment is occupied.
19�
t C��►
-21-
F. REVOCATION
August 1, 1-984 417
The Building Commissioner shall revoke any special
permit issued hereunder should the applicant or
applicant's tenant violate any provision of this
local ordinance or any condition imposed upon. the
issuance of the special permit.
G. PERIODIC REVIEW
The Building Commissioner and the Department of
Planning and Development shall review the effects
of this Accessory Apartment Ordinance at least
every five (5) years to determine the long -term
effect on the residential character of the neigh-
borhoods.
H. TERMS
The terms of this ordinance shall be liberally
,construed in favor of granting an Accessory Apart -
ment Permit unless the Board of Zoning Appeals
,',specifically finds that the granting of the permit
" would have a negative impact on the surrounding
area.
SECTION (2.) AMENDING SECTION 30.3 DEFINITIONS
That S 30.3 is hereby amended to add:
0. 'Accessory Apartment' shall mean a small dwelling
unit added to an owner - occupied single- family
residential property, which is subordinate to the
principal residential use in terms of size and
appearance.
SECTION (3.) AMENDING SECTION 30.25 DISTRICT REGULATIONS
That the District Regulations Chart, S 30.25 is hereby
amended to add:
Under Use District R -1, Col. 3 Permitted Accessory Uses:
115 BY SPECIAL PERMIT: An Accessory Apartment (see Sec.
30.27)." Permit required in all use districts.
SECTION (4.) AMENDING SECTION 30.59 DESIGN REVIEW BOARD
That S 30.59C. 'Power and Duties', is hereby amended to add:-
at end of paragraph 1:
"In addition, the Board of Zoning Appeals may refer
annlications for Accessory apartment Temporary permits
for technical advice when exterior design changes are
proposed and for approval of front entrances. (This is
pursuant to Section 10 (1) (a) (11) of the Municipal
Home Pule Law.)
at end of paragraph 3:
"Recommendation of the Design Review Board shall not be
binding upon the group or individual submitting the
plan or proposal, but shall be voluntary, unless such
recommendations shall also be incorporated into a decision
of the Board of Zoning Appeals in the case if an appeal
action on such proposal, or in the case of an accessory
apartment front entrance."
and that 9 30.59 D. is hereby amended to add:
4� -22- August 1, 1984
"7. Notwithstanding other provisions of this section
and chapter, exterior design changes for Accessory
Apartment Temporary Permits in any residential di_str.ict
may be referred to the Design Review Board."
SECTION (5) ADDING SECTION 30.62 SEPARABILITY
If a term, part, provision, section,
paragraph of this Ordinance shall be
invalid, or ineffective, in whole or
determination shall not be deemed to
remaining terms, parts, provisions,
and paragraphs.
SECTION (6) EFFECTIVE DATE
subdivision, or
held unconstitutional,
in part, such
:invalidate the
section, subdivisions
This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as
provided in S 3.11 (B) of the Ithaca City Charter.
Carried Unanimously
Zoning Violation Penalty
By Alderp6rson Cummings: Seconded by Alderman Killeen
RESOLUTION OF COMMON COUNCIL AMENDING
ZONING ORDINANCE
Ordinance No. 84 -12
AN ORDINANCE AMENDING CHAPTER 30 ENTITLED 'ZONING' OF THE CITY
OF ITHACA MUNICIPAL CODE BY AMENDMENT OF S 30.100 ENTITLED
'PENALTIES FOR VIOLATION.'
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
SECTION (l.) THAT S 30.100 ENTITLED 'PENALTY FOR VIOLATION' is
hereby amended to read: (words changed are underlined.)
Any person who shall violate any provision of this Chapter
shall be guilty of an offense. Each day's continued violation
constitutes a separate offense unless otherwise provided herein.*
"Each offense shall be punishable by a fine not less than two
hundred fifty dollars ($250.00) nor more than five hundred
dollars 00.00 , unless otherwise provided herein.*"
SECTION (2.) EFFECTIVE DATE
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in S 3.11 (B)
of the Ithaca City Charter.
Disucssion followed on the floor.
Amendment to Resolution
By 111 dcrman Soil atTer: Seconded by
RESOLVED, That the second paragraph
b_ unlshable by a fine not less th
nor more than five ret ollars
p r o v I Te—TTFe rein."
Alderman Killeen
read: "Each offense shall
an fifty dollars $50.00
500.00 finless o- tFierwise
'- j
A vote on the amending resolution resulted as follows:
Ayes (4) - Dennis, Romanowski, Schlather, Holds%vorth
Nays (6) - Peterson, Roffman, Killeen, Ha:ine, Cummings, Myers
Motion Defeated
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (6) - Peterson, Roffman, Killeen, Maine, Cummings, Myers
Nays (4) - Dennis, Romanowski, Schlather, Holdsworth
Carried
-23-
August 1, 1984 41 1)
REPORT OF SPECIAL COMMITTEES AND COUNCIL, LIAISONS:
Master Planning Fire Service Committee
Alderman Killeen reported t at t e committee will meet monthly
on a rotating basis around the city and town to maximize citizen
participation and professional interest. A deadline of March 1,
198S has been set for completing a plan that ,-ill adequately
provide all the things the fire department are now providing to
the communities it serves.
ADJOURNMENT:
On a motion the meeting was adjourned at 12:18 a.m.
Jo pi IA. Rundle, ity Clel-
,ohn C. Guten erger, N, or
Stewart Park Advisory Group
Alderman Killeen reporte that at the last meeting a tour was
taken of Cass Park to look at the historical facilities at Cass
(Wow,
Park, to get a first hand assessment of the scope of preservation
and repair and refurbishment that is necessary there.
Conservation Advisory Council
Al erperson Peterson announced that Mr. Steven Baker is the new
Chairman of the Conservation Advisory Council.
UNFINISHED AND MISCELLANEOUS BUSINESS:
Lincoln Street Group Home
By Alderman Hoffman: Seconded by Alderman Killeen
( ")
WHEREAS, the Common Council on March 7, 1984 requested that
Broome Developmental Services work with the City Design Review
Board to design a community residence at 214 -21.6 W. Lincoln
Street that is in harmony with the character and architecture
cc)
of that neighborhood, and
WHEREAS, Broome Developmental Services submitted a final design
they felt was compatible with the neighborhood and have pro-
ceeded with bid requests, and
WHEREAS, the Design Review Board substantially disagreed with
that design and suggested that Common Council request a more
compatible design from Broome Developmental Services; now, there-
fore, be it
RESOLVED, That the Mayor be directed to communicate the concerns
of the City over building design to our regional New York State
Ombudsman for assistance in resolving the matter.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting was adjourned at 12:18 a.m.
Jo pi IA. Rundle, ity Clel-
,ohn C. Guten erger, N, or