HomeMy WebLinkAboutMN-CC-1999-10-07 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 10:00 P.M October 7, 1999
PRESENT:
Mayor Cohen
Alderpersons (9) – Marcham, Vaughan, Shenk, Sams, Taylor,
Spielholz, Hershey, Manos, Blumenthal
OTHERS PRESENT:
City Controller – Cafferillo
Planning Director – Van Cort
Economic Development Director – McDonald
City Clerk – Conley Holcomb
SPECIAL ORDER OF BUSINESS:
Request to Accept Purchase Offer for Sale of Carpenter
Business Park
Mayor Cohen read the following excerpts from a memo written
by Assistant City Attorney Dunn dated October 7, 1999:
“You asked the City Attorney’s Office to review the CEQR to
determine whether the City can accept a purchase offer for
the sale of real property before an environmental review
has been conducted. CEQR is triggered by an “action” as
defined in the Ithaca City Code. The acceptance of
Purchase Offer for the sale of property commits the City to
a definite course of future decisions, as once accepted, it
is a binding contract. Both SEQRA and CEQR, however,
permit the City to take non-binding actions without
environmental review. As long as the purchase agreement
has language stating that the purchase is contingent upon
the SEQRA/CEQR review, than the purchase offer is non-
binding until such time that SEQRA/CEQR has been
conducted.”
Resolution
By Alderperson Blumenthal: Seconded by Alderperson Shenk
WHEREAS, the 10.8 acre Carpenter Business Park located on
Third Street with frontage along N. Meadow Street was
completed in 1990, and
WHEREAS, the City owns four parcels totaling 4.94 acres of
land and the Ithaca Urban Renewal Agency (IURA) owns the
remaining three parcels totaling 5.86 acres of land in the
Carpenter Business Park, and
WHEREAS, the IURA has been unsuccessful in securing
satisfactory tenants and Carpenter Business Park has remained
vacant since its completion in 1990 with the exception of the
community gardens located on the 2.25-acre parcel #36-1-3.4,
and
WHEREAS, at the April 1, 1998 meeting the Common Council
authorized disposition of all City-owned parcels in Carpenter
Business Park, except those leased to Project Growing Hope,
Inc. used for community gardens, through the IURA for no less
than fair market value, subject to the following conditions:
A. property must not be used for an adult entertainment
establishment use,
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B. property must not be used for a warehousing or storage
as a primary use for a period of 10 years from the date
of conveyance from the IURA, and
C. retention of access and utility easements to parcel #36-
1-3.4, currently used for community gardens, and utility
easements for any other public utilities located on the
property, and
WHEREAS, the Common Council further resolved that upon
abandonment by the Board of Public Works (BPW), the Carpenter
Circle cul-de-sac street property shall also be considered
surplus and authorized for disposition, and
WHEREAS, Building Links, Inc. has submitted a purchase offer
for Carpenter Business Park that is binding if accepted by
the Common Council by 10/7/99, and
WHEREAS, following extensive negotiations, the IURA voted on
9/20/99 to approve the purchase offer with changes per verbal
negotiations conducted at the 9/20/99 meeting, and
WHEREAS, the IURA staff has reviewed the revised purchase
offer and found that the revisions satisfy IURA concerns, and
WHEREAS, in accordance with general municipal law, a legal
notice disclosing the proposed disposition was published on
September 27, 1999, and
WHEREAS, the Budget and Administration Committee recommends
the following action; now, therefore, be it
RESOLVED, That the Common Council hereby accepts the purchase
offer of $900,000 from Building Links, Inc. to acquire the
Carpenter Business Park, subject to Board of Public Works
abandonment of Carpenter Circle, and, be it further
RESOLVED, That staff is directed to complete appropriate
environmental review prior to the sale closing for this
project, and, be it further
RESOLVED, That the Mayor, upon review by the Executive
Director of the IURA and the City Attorney, is hereby
authorized to sign any and all instruments necessary to
accept the purchase offer of $900,000 and convey the property
totaling 8.57 acres.
Carried Unanimously
2.2 An Ordinance Amending the Municipal Code of the City of
Ithaca, Chapter 325, Section 325-4 “Zoning” to Change the
Zoning Designation of Certain Areas of the City from M-1
(Marine Commercial District) and B-4 (Business) as applicable
to Waterfront Zoning District (WF-1) - Determination of No
Environmental Significance – Resolution
By Mayor Cohen: Seconded by Alderperson Blumenthal
WHEREAS, the City of Ithaca is proposing a zoning amendment
which would create a new zone to be know as the Waterfront
Zoning District, WF-1, and
WHEREAS, appropriate environmental review has been
conducted including the preparation of a Long Environmental
Assessment Form (LEAF), and
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WHEREAS, the proposed action is a Type I action under the
City Environmental Quality Review Act (CEQR Sec. 176-12B),
and
WHEREAS, the Common Council for the City of Ithaca, acting
as Lead Agency, has reviewed the LEAF Part I, submitted by
the applicant, dated 4/8/99, Part II and Part III, prepared
by City of Ithaca Planning Staff, comments prepared by the
City of Ithaca Environmental Advisory Council, and
supplemental information, and has determined that the
proposed action will not have a significant effect on the
environment; 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 Long Environmental
Assessment Form Parts I, II, and III, and, be it further
RESOLVED, That this Common Council, as lead agency, 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.
Carried Unanimously
2.3 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF ITHACA, CHAPTER 325, ENTITLED “ZONING” TO CHANGE THE
ZONING DESIGNATION OF CERTAIN AREAS OF THE CITY OF ITHACA
AND TO ESTABLISH APPROPRIATE DISTRICT REGULATIONS.
By Mayor Cohen: Seconded by Alderperson Blumenthal
ORDINANCE 99 – 11
BE IT ORDAINED AND ENACTED by the Common Council of
the City of Ithaca that Chapter 325, Section 325-4 of the
Municipal Code of the City of Ithaca be amended to create a
new zoning district to be known as the Waterfront Zoning
District (WF –1).
Section 1. Declaration of Legislative Findings and
Purpose
The Common Council finds that this Ordinance:
1. Will help to create greater public access to the
waterfront.
2. Will guide development in this area of the City for
the purpose of creating a unique waterfront
experience.
3. Allows the City to enhance the value of waterfront
property in this area of the City.
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4. Allows the City to create an area on the water
having multi-story buildings intended for mixed
use.
5. Will protect and enhance views of the waterfront and
surrounding areas for public enjoyment.
Section 2. Chapter 325, Section 325-5 of the
Municipal Code of the City of Ithaca is hereby amended to
change the zoning designation of the following areas from
M-1 (Marine Commercial District) and B-4 (Business) as
applicable to Waterfront Zoning District (WF-1), portions
of which are shown on the zoning map.
Section 3. Section 325-8 of the Municipal Code of the
City of Ithaca is hereby amended as follows to establish
district regulations for the new WF-1 district as follows:
Permitted Primary Uses
1. Any use permitted in B-2.
2. Parking Lot.
3. Recreational or cultural facility such as a park,
playground, art museum, fishing pier or yacht club.
4. Public Recreation.
5. Boatel.
6. Sale, rental, repair or storage of marine related
recreation equipment such as boats, marine engines,
sails, cabin equipment.
7. Light manufacture of marine recreation related products
involving substantial hand fabrication such as sails,
boat hulls, cabin fittings.
Permitted Accessory Uses
1. Home occupation.
2. Boat fuel dispensing.
3. Snowmobile sales, service, rental in conjunction with
boat sales, rental or service.
4. Signs as permitted by Sign Ordinance.
Off-Street Parking Requirements – None
Off-Street Loading Requirements – None
Area in Square Feet – 3,000
Width in Feet at Street Line – 30
Width in Feet at Waterfront – 30
Maximum Building Heights:
Waterfront – WF1a, no building allowed.
Waterfront –WF1b, one story, 12 - 15 feet with an
additional 5 feet for cornice
allowed.
Waterfront – WF1c, minimum two stories maximum 3
stories. 12 – 15 feet for first
story measured from grade, 12 feet
for each additional story, with an
additional 5 feet for cornice
allowed.
Waterfront – WF1d, minimum three stories, maximum 5
stories, 12 – 15 feet for
first story measured from grade,
12 feet for each additional story,
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with an additional 5 feet for
cornice allowed.
(Refer to Code of the City of Ithaca, Chapter 325, Zoning,
Section 325-3.B., Definitions and Word Usage, HEIGHT OF
BUILDING)
Maximum percent lot coverage by buildings
1. On parcels of fifty (50) feet or less in width, 100% lot
coverage allowed except as may be required for provision
of pedestrian ways and protection of view corridors.
2. On parcels with three or more boundaries greater than
fifty (50) feet, 90% lot coverage allowed except as may
be required for provision of pedestrian ways and
protection of view corridors.
Yard Dimensions
Front Yard – None
Side Yards – None
Rear Yard – 10 Feet Minimum
Minimum Height
WF1a – 0 feet
WF1b – 12 feet
WF1c – 24 feet
WF1d – 36 feet
Two Story Minimum:
Any building constructed within the minimum 2-story height
zone shall have a height of at least 24 feet and have two
habitable stories covering 75% or more of the footprint of
the building.
Three Story Minimum:
Any building constructed within the minimum 3-story height
zone shall have a height of at least 36 feet and have three
habitable stories covering 75% or more of the footprint of
the building. As an alternative within this zone, a
building may satisfy the minimum height requirement if 75%
of the building over its footprint is at least 36 feet in
height and has two or more habitable stories.
(Refer to Code of the City of Ithaca, Chapter 325, Zoning,
Section 325-3.B., Definitions and Word Usage, HABITABLE
SPACE, NONHABITABLE SPACE, STORY, PUBLIC SPACE)
Section 4. Chapter 325, Section 325-16 of the
Municipal Code of the City of Ithaca entitled “Height
Regulations” is hereby amended to add a new subsection to
be know as to read as follows:
“Notwithstanding anything to the contrary contained
herein, in the WF-1 district:
(1) No building shall be erected in any of the areas
designated WF1a on the map entitled
“Inlet Island Urban Design Plan” dated July 1999
a copy of which map is on file in the Ithaca City
Clerk’s Office.
(2) No building shall be erected that is less than two
stories or greater than three stories in any of
the areas designated WF1b on the map entitled
“Inlet Island Urban Design Plan” dated July,
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1998, a copy of which is on file in the Ithaca
City Clerk’s Office.
(3) No building shall be erected that is less than
three stories or greater than five stories in any of
the areas designated WF1c on the map entitled “Inlet
Island Urban Design Plan”, dated July, 1999 a copy
of which is on file in the Ithaca City Clerk’s
Office.
(4) The restrictions contained in this section shall
not apply to buildings less than 15 feet (maximum)
in height, which are intended, designed and
maintained as amenities for adjacent trails such as
gazebos and rest rooms.
(5) The restrictions contained in this section shall
not apply to existing buildings within the
designated areas. Such existing buildings may be
maintained and repaired provided their height and
footprint are not altered so as to make the
buildings non-compliant with the restrictions of
this subdivision.
Section 6. Chapter 325, Section 325-20 of the
Municipal Code of the City of Ithaca entitled “Off-Street
Parking” is hereby amended to add a new subsection to be
known as subdivision (A) (4) (c) to read as follows:
“(1) Notwithstanding anything contained herein to the
contrary, there will be no off-street parking requirements
in the WF-1 district.
Section 7. The City Planning and Development Board,
the City Clerk and the Planning Department shall amend the
zoning map and the district regulations chart in accordance
with the amendments made herewith.
Section 8. Effective date. This ordinance shall take
affect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City
Charter.
Carried Unanimously
2.4 An Ordinance Amending Sections 325-4, 325-5, 325-8,
325-16, 325-20 of Chapter 325 entitled “Zoning” of the City
of Ithaca Municipal Code, to Create a New Zoning District
WF-1 – Call for Public Hearing
By Alderperson Blumenthal : Seconded by Alderperson Spielholz
RESOLVED, That Ordinance No. 99-____entitled “An Ordinance
Amending Chapter 325 entitled “Zoning” Of the City of Ithaca
Municipal Code, creating a new zoning district to be known as
the Waterfront Zoning District (WF-1), is hereby introduced
before the common Council of the City of Ithaca, New York,
and be it further
RESOLVED, That Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance in the
Common Council Chambers, City Hall, 108 East Green Street, in
the City of Ithaca, New York, at 7:00 P.M. on Wednesday,
November 3, 1999, and be it further
RESOLVED, That the City Clerk shall give notice of such
public hearing by the publications of a notice in the
official newspaper specifying the time when and the place
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where such public hearing will be held, and in general terms
describing the proposed ordinance. This notice shall be
published once at least fifteen (15) days prior to the public
hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca
Planning And Development Board true and exact copies of the
proposed zoning ordinance for their reports thereon.
Carried Unanimously
The Ordinance to be considered shall be as follows:
An Ordinance Amending the Municipal Code of the City of
Ithaca, Chapter 325, Section 325-4 “Zoning” to Change the
Zoning Designation of Certain Areas of the City from M-1
(Marine Commercial District) and B-4 (Business) as applicable
to Waterfront Zoning District (WF-1)
ORDINANCE NO. 99____
NOW BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York, as follows:
Section 1. The Official Zoning Map of the City of Ithaca,
New York of Chapter 325 entitled “Zoning” of the City of
Ithaca Municipal Code is hereby amended as follows:
The zoning district designation for portions of the certain
tracts of land is changed from M-1, Marine Commercial and
B-4, Business, to “WF-1 Waterfront Zoning District” as
indicated on the map entitled “Proposed Waterfront Zoning
District (WF-1) Existing Conditions” dated July 1999. The
tracts so changed are: all of Inlet Island, bounded on the
west by the center line of the Flood Control Channel; on
the east by the centerline of the Cayuga Inlet, to the
north 30 feet from the tip of Inlet Island, and to the
south, by the center line of Six Mile Creek.
Section 2. Effective Date.
This Ordinance shall take effect immediately in accordance
with law upon publication of a notice as provided in the
Ithaca City Charter.
2.4 Appointment to the Board of Fire Commissioners
By Mayor Cohen: Seconded by Alderperson Taylor
RESOLVED, That Gregory Kirkpatrick be appointed to the
Board of Fire Commissioners with a term to expire June 30,
2002.
Carried Unanimously
2.5 Coordination of Committees – Report
Alderperson Blumenthal expressed concern over the lack of
coordination between various departments regarding the
preparation of Common Council agendas.
City Clerk Conley Holcomb stated that she would like to
arrange a meeting between standing committee chairs and
support staff to create a legislative procedures manual.
ADJOURNMENT:
On a motion the meeting was adjourned at 10:20 P.M.
________________________ ________________________
October 7, 1999
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Julie Conley Holcomb, CMC Alan J. Cohen
City Clerk Mayor