HomeMy WebLinkAbout04-08-15 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: April 8th, 2015
TIME: 6pm
LOCATION: 3rd floor
City Hall Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Start
1) Call to Order/Agenda Review
2) Public Comment and Response from Committee
Members
3) Special Order of Business
a) Public hearing – Canopy Hotel Property
Disposition
b) Discussion – Snow Removal on City Sidewalks
4) Announcements, Updates, and Reports
a) 2015 Community Development Block Grant
and Home Investment Partnership Program
5) Action items – Voting to Send on to Council
a) Property Disposition, Purchase Agreement for
320‐324 E. MLK Jr/E. State Street to Facilitate
Canopy Hotel Project
6) Action Items – Approval to Circulate
a) Divestiture of City‐owned Lands – Elmira
Road, Seneca Street, State/MLK Street
b) Zoning amendment – MH‐1
7) Discussion
a) Possible Zoning Amendment – CBD‐60, Aurora
Street
8) Review and Approval of Minutes
a) March 2015
9) Adjournment
No
No
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Seph Murtagh, Chair
Larry Roberts, Disability Advisory Council,
Building Division Staff
JoAnn Cornish, Planning Director
Nels Bohn, IURA
Tom West, City Engineer
Jennifer Kusznir, Planning Staff
JoAnn Cornish, Planning Staff
6:00
6:05
6:15
6:30
6:55
7:05
7:25
7:40
8:00
8:30
8:35
If you have a disability and require accommodations in order to fully participate, please contact the
City Clerk at 274‐6570 by 12:00 noon on Tuesday, April 7, 2015.
Public Hearing Announcement
2015 Community Development
Block Grant
and
Home Investment Partnership Program
****Please announce the following at Planning & ED Committee meeting,
April 8, 2015:
On behalf of the City of Ithaca, the Ithaca Urban Renewal Agency is announcing the
beginning of the selection process for projects that will be funded by the 2015
Entitlement Grant round. Approximately $670,000 in Community Development Block
Grant funds and $368,000 in HOME funds are expected to be available. All funded
projects must meet HUD National Objectives and primarily benefit the City’s low-
income residents.
Copies of all submitted applications for funding are available for review on the Ithaca
Urban Renewal Agency web page at www.ithacaura.org,
The second of two public hearings for the grant is scheduled for May 13, 2015 at 6:00
p.m. in Common Council Chambers. The entire schedule of public meetings can be found
on the Ithaca Urban Renewal Agency web page.
For more information, please contact:
Ithaca Urban Renewal Agency
108 East Green Street, 3rd floor
Ithaca, NY 14850-5690
Phone (607) 274-6553
E-mail: ltruame@cityofithaca.org
Thank you.
Lynn C. Truame
Community Development Planner
Ithaca Urban Renewal Agency
Proposed Resolution
Planning & Economic Development Committee
April 8, 2015
Canopy Hotel Project, Approval of Sale Agreement of 320‐324 E. MLK Jr. /E. State Street to
Lighthouse Hotels LLC
WHEREAS, Lighthouse proposes to construct a $19 million, seven‐story, 123‐room Canopy by
Hilton hotel along with an approximately 2,000 square foot commercial lease space on a project
site located north of the Carey Building on parcels currently used for public and private surface
parking on the 300 block of E. MLK Jr./E. State Street (Urban Renewal Project), and
WHEREAS, Lighthouse seeks to acquire property located at 320‐324 E. MLK Jr./E. State Street (tax
parcels #69.‐1‐3 and #69.‐1‐6.2) to undertake the Urban Renewal Project, and
WHEREAS, on June 26, 2014 the Ithaca Urban Renewal Agency (IURA) designated Lighthouse
Hotels LLC (Lighthouse) as a “qualified and eligible sponsor”, pursuant to §508 of General
Municipal Law, to acquire property from the IURA to undertake an urban renewal project for an
in‐fill urban hotel project on the 300 block of E. MLK Jr./E. State Street, subject to certain project
requirements, and
WHEREAS, on November 5, 2014, the Common Council for the City of Ithaca authorized transfer of
real property located at 320‐324 E. MLK Jr./E. State St. (tax parcel #69.‐1‐6.2) to the IURA for the
purpose of structuring a proposed sale agreement for an Urban Renewal Project subject to
approval by the Common Council following a public hearing, and
WHEREAS, an appraisal conducted by Midland Appraisal Associates, Inc. concludes the fair market
value of the property located at 320‐324 E. MLK Jr./E. State Street is $1,800,000, and
WHEREAS, on January 27, 2015 the City of Ithaca Planning & Development Board, acting as Lead
Agency in the environmental review, determined that the proposed Urban Renewal Project,
including the conveyance of 320‐324 E. MLK/E. State Street, will result in no significant impact on
the environment and issued a Negative Declaration in accordance the City of Ithaca Environmental
Quality Review Ordinance, and
WHEREAS, the project site is located within the City of Ithaca Urban Renewal Project Boundary
area, and
WHEREAS, the primary objective of the Ithaca Urban Renewal Plan for this urban project is to
improve the social, physical, and economic characteristics of the project neighborhood; and
WHEREAS, on March 26, 2015, the IURA found that the proposed project by Lighthouse Hotels LLC
for construction of a 123‐room hotel project, subject to the attached sale agreement term sheet,
dated 3/26/15, will improve the social, physical and economic characteristics of the downtown
neighborhood thereby furthering the goals and objectives of the Urban Renewal Plan, and
WHEREAS, on March 26, 2015, the IURA authorized sale of the property located at 320‐324 E. MLK
Jr./E. State Street to Lighthouse Hotels LLC to undertake the proposed Urban Renewal Project in
conformance with the attached Term Sheet and subject to Common Council approval, and
WHEREAS, under §507 of Article 15 of General Municipal Law, the IURA is authorized to sell real
property to a “qualified and eligible sponsor” subject to Common Council approval following a
public hearing, and
WHEREAS, a public hearing notice was published in the March 30, 2015 edition of the Ithaca
Journal disclosing the essential terms of the proposed sale and a public hearing was held on April
8, 2015; now, therefore, be it
Resolved, that the City of Ithaca Common Council hereby approves the IURA‐proposed sale
agreement of 320‐324 E. MLK Jr./E. State Street to Lighthouse Hotels LLC in conformance with the
attached Term Sheet, dated 3/26/15, and be it further
Resolved, that the net proceeds from sale of tax parcel #69.‐1‐6.2 shall be paid to the City.
3/26/15
Term Sheet
Canopy Hotel Property Sale Agreement
Type of Disposition: Sales contract for fee simple ownership
Seller: Ithaca Urban Renewal Agency
Purchaser: Lighthouse Hotels LLC
Property: 320‐324 E. MLK Jr./E. State Street, Ithaca, NY (tax parcels #69.‐1‐3 and #69.‐1‐6.2)
Purchase Price: One Million Eight Hundred Thousand US dollars ($1,800,000)
Future Use: An approximately 120‐room hotel and 2,000 square foot commercial lease space
Job Creation:
Creation and maintenance of at least 33 full‐time equivalent (FTE) jobs
Wages/Salaries:
• Living Wage Positions – Creation and maintenance of a minimum of 16 full‐
time employment positions paid at least a “living wage” as defined by AFCU
(currently $12.62/hour including employer paid health insurance benefits)
and as such “living wage” changes from time to time.
• Housekeeping Staff – Each employee in the housekeeping department to be
paid at least 120% of the State minimum wage, as such minimum wage
changes from time to time (NYS minimum wage is currently $8.75/hour).
Employment &
Wage Reporting:
• Quarterly employment and wage reporting shall be submitted quarterly to
Seller for five (5) years.
• If Purchaser in full compliance with employment, wage and job training
commitments for three (3) consecutive years as determined by Seller,
Purchaser shall be released from further quarterly employment and wage
reporting.
• Thereafter, Purchaser shall annually certify to Seller compliance with wage
requirements throughout the first 20 years of operation of the hotel.
Hardship
Modification:
Purchaser may apply to Seller for a modification to the number of FTE jobs to
be created, the number of full‐time living wage jobs to be created and the job
training requirements based on demonstrated economic hardship. Required
minimum wages for housekeeping staff is not subject to a hardship
modification.
Urban Design:
3/26/15 Canopy Hotel Term Sheet ( page 2 of 3 pages)
Prohibit use of the following exterior building façade materials unless approved
by the Planning & Development Board:
o EIFS, such as “Dryvit” or other stucco‐like finishes
o Concrete masonry units, including split face cement block
Mitigation of loss of
public parking
• Publicly designate three (3) 15‐minute loading spaces for public use that
provides an ADA accessible route to the CSMA building elevator entrance
Participation in
IURA‐sponsored job
training programs:
• Offer the hotel as a job training site for participants in the Hospitality
Employment Training Program (HETP). The hotel shall make at least one
on‐the‐job training opportunity available per year for each of the first 5
years of operation of the hotel. Such training opportunity shall require no
out‐of‐pocket expense to be paid by the hotel.
• Provide hotel job postings to the IURA of entry‐level jobs available for initial
hiring for the hotel prior to filling the jobs. The IURA will distribute
employment postings to appropriate IURA‐sponsored job training and
placement programs.
Conditions for Sale:
• Acquisition of adjacent parcel – within 10 days of the date of the purchase
agreement, submit proof of binding site control of the adjacent parcel #69.‐
1‐8 that is necessary for construction of the proposed project.
• Site Plan approval – within 180 days of the date of the purchase agreement,
submit proof of final site plan approval.
• Building Permit issuance – within 365 days of date of the purchase
agreement, submit proof of building permit at least authorizing
construction of the full foundation.
• Project financing – within 365 days of the date of the purchase agreement,
submit proof of financing and equity sufficient to construct the project.
Deposit:
$25,000, of which $10,000 is a nonrefundable deposit.
Purchase Financing:
• Loan amount: $1,375,000
• Term: 255 months (20 years + 15‐month construction period)
• Repayment: Interest‐only payments for 15 months, then level monthly
payments to fully amortize the loan over 240 months. No prepayment
penalty for partial of full prepayment of the loan.
• Interest Rate: City’s cost of funds plus 20 basis points (note: 3.15% as of
3/5/15)
• Rate Adjustment: Every 5 years during amortization period
3/26/15 Canopy Hotel Term Sheet ( page 3 of 3)
• Interest Rate Index (City’s cost of funds): Yield rate on a AA tax‐exempt
bond as reported on the Market Card published by BMO Capital Markets at
www.bmocm.com/research. The initial index rate shall be based on a 20‐
year AA tax‐exempt yield (note: 2.95% as of 3/5/15). The applicable index
at each rate adjustment shall equal the yield rate on the AA tax‐exempt
bond for a term equal to the remaining term of the amortizing loan at the
time of rate adjustment.
• Collateral: 2nd mortgage lien on project property
• Financial Guarantors: Satisfactory unlimited personal financial guarantees
from Neil H. Patel, Hitesh Patel, Vinodbhai Patel, Amit Patel and Jayesh
Patel.
• In the event of a default after notice and a cure period, the interest rate will
increase by 100 basis points until the default is remedied.
End
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CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA –
607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: March 25, 2015
RE: Proposal to Amend the MH-1 Zoning District
The purpose of this memo is to provide information regarding a proposal to amend the MH-1
Zoning District.
The City has recently been approached with a request to amend the MH-1 zoning district. The
MH-1 zoning district is only located in one area of the City on three parcels. This district was
established in order to allow for a mobile home neighborhood. This neighborhood is a well
established successful neighborhood with a waiting list of people that would like to add units to
the park. The current regulations for this district do not allow for any units to be placed within
30’ of any adjacent property line. This restriction was meant to protect the residential uses from
the adjacent commercial districts. However, given the rear yard requirement that also exists, and
the required vegetative buffer that was installed by the commercial development, the high level
of demand for additional residential units in this district, staff feels that it is unnecessary to
maintain the additional required buffer from adjacent property lines.
If the Committee is in agreement with this proposal, staff will draft an ordinance and circulate it
for comment and return next month for further discussion. If you have any concerns or questions
regarding any of this information, feel free to contact me at 274-6410.
SOUTH FULT
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T
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C E CIL A MAL O N E DRIVE
CHERRY STREET
C H E R R Y S T R E E T
2.1 acres2.6 acres
30' setback from Property Line
feet
6003000
101.-1-1.11
78.-3-6
101.-1-1.13
I-1
Adult Us
SW-2
SW-1
MH-1
WF-2
100.-3-1
102.-1-2.1
102.-1-2.3
102.-1-2.4
117.-1-1.2
117.-1-2.1
117.-1-2.2
117.-1-3
117.-1-4
117.-1-5
117.-1-6118.-1-1.3
118.-1-2.1
118.-1-2.2
118.-1-2.3
118.-1-2.4
118.-1-2.5
525.-6-1
77.-6-1.1
77.-6-2 77.-6-3
78.-1-1.277.-3-1
77.-4-1
77.-4-2
78.-2-4
78.-2-6
78.-3-1 78.-3-2 78.-3-7
79.-1-2.1
79.-10-1
79.-2-1.2
95.-1-1.1
95.-1-1.2
96.-2-1.1
96.-2-1.21
96.-2-1.22
96.-2-1.23
96.-2-1.3
96.-2-1.4
96.-2-1.5
96.-2-1.8
96.-2-1.9
96.-2-6
96.-2-7
MH-1 ZONING DISTRICT
NY State Plane, Central GRS 80 Datum
Map Source: Tompkins County Digital Planimetric Map 1991-2014
Map Prepared by: GIS Planning, City of Ithaca, NY, 26 March 2015
.
Legend
MH-1
BuildingsParcel
Boundaries
SW-1
SW-2
I-1
City of Ithaca
Planning & Economic Development Committee
Wednesday, March 11, 2015 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham
Kerslick, Ellen McCollister, Cynthia Brock, and
Josephine Martell
Committee Members Absent: None
Other Elected Officials Attending: Alderperson George McGonigal
Staff Attending: JoAnn Cornish, Director, Department of
Planning, Building, Zoning, and Economic
Development; Bryan McCracken, Historic
Preservation Planner, Department of Planning,
Building, Zoning, and Economic Development;
Megan Wilson, Senior Planner, Department of
Planning, Building, Zoning, and Economic
Development; Jennifer Kusznir, Senior
Planner, Department of Planning, Building,
Zoning, and Economic Development: and
Debbie Grunder, Executive Assistant,
Department of Planning, Building, Zoning, and
Economic Development
Others Attending:
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
There were no changes made to the agenda.
2) Public Comment and Response from Committee Members
Chair Murtagh read into the record a letter from ___________ a copy of which is
included with these minutes on the historic district designations.
3) Special Order of Business
a) Public Hearing – Repeal of Collegetown Parking Overlay Zone (CPOZ)
Alderperson Kerslick moved to open the public hearing; Alderperson McCollister
seconded the motion.
There was no one from the public to speak.
Alderperson McCollister moved to close the public hearing; Alderperson Kerslick
seconded the motion.
b) Public Hearing – Proposal to Amend the Industrial Zone
Alderperson McCollister moved to open the public hearing; Alderperson Kerslick
seconded the motion.
There was no one from the public to speak.
Alderperson McCollister moved to close the public hearing; Alderperson Brock
seconded the motion.
c) Public Hearing – Proposal to Rezone Former Gun Hill Factory Site
Alderperson Brock moved to open the public hearing; Alderperson Kerslick
seconded the motion.
There was no one from the public to speak
Alderperson McCollister moved to close the public hearing; Alderperson Kerslick
seconded the motion.
4) Announcements, Updates, and Reports
Planning staff reviewed the work plan and all were in agreement that the steep slope
ordinance will be focused on. Another item they wish to complete is the designation
of parks and natural areas.
Commons is back on track. They will be back next week to do what they can do
weather permitting. Surface work will go much quicker than the underground
utilities.
The Economic Summit was attended by Philly DeSarno, Mayor Svante Myrick, and
JoAnn Cornish. The Mayor stated he is committed to create a working committee to
look at the CIITAP program.
Alderperson McCollister stated her support in looking at the steep slope ordinance
since most of the City is on steep slopes.
5) Action Items – Voting to Send on to Council
Alderperson McCollister, liaison for the Ithaca Landmarks Preservation Commission
(ILPC) provided information on the two designations. Comments from Tom Parsons
and the County were received. The ILPC voted unanimously as well as the Planning
Board to move this forward.
Bryan McCracken, Historic Preservation Planner, provided the background of these
two properties and the need for historic district designation. McCracken reaffirmed
the sentiments from _________’s letter that the ILPC is not opposed to
development. He further stated that the Common Council can override ILPC
decisions on any development if they don’t support the development.
The parking lot of the Ithaca Fire Department sits in the middle of the proposed
Downtown West historic district. Concern was voiced that this property may in future
years be used for future City Hall development.
Cornish stated she understands that concern but also stated that the City should be
held to the same standards as any developer.
Alderperson Brock stated that previously we rezoned this area to CB-60 for the very
reason to provide the type of development that if designated as an historic district
would not permit.
a) Proposed Historic District Designation – Downtown West Historic District
RE: LOCAL HISTORIC DISTRICT DESIGNATION OF THE DOWNTOWN WEST
HISTORIC DISTRICT
Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Passed unanimously.
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Ithaca Landmarks
Preservation Commission may recommend designation of individual landmarks and
districts of historic and cultural significance, and
WHEREAS, on February 10, 2015, the Ithaca Landmarks Preservation Commission conducted a
public hearing for the purpose of considering a proposal to designate the West State
and South Albany Street survey area as a local historic district, and
WHEREAS, the proposal is a Type II Action under the NYS Environmental Quality Review Act
and an Unlisted Action under the City Environmental Quality Review Ordinance
and after conducting appropriate environmental review the Ithaca Landmarks
Preservation Commission, acting as Lead Agency, has determined that the proposal
will not have a significant environmental impact, and
WHEREAS, the Commission finds that the proposal meets criteria under the Landmarks
Preservation Ordinance and has voted to designate the West State and South Albany
Street survey area as a local historic district, and
WHEREAS, Section 228-3 of the Municipal Code states that the Council shall within ninety days
of said recommendation to designate, approve, disapprove or refer back to the
Commission for modification, and
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Planning Board shall file a
report with the Council with respect to the relation of such designation to the
comprehensive plan, the zoning law, projected public improvements, and any plans
for the renewal of the site or area involved, and
WHEREAS, a copy of the Planning Board's report and recommendation for approval of the
designation, adopted by resolution at the meeting held on February 24, 2015, has
been reviewed by the Common Council, now, therefore, be it
RESOLVED, that the Ithaca Common Council finds that the designation will not conflict with the
comprehensive plan, existing zoning, projected public improvements, or any plans
for renewal of the site and area involved, and be it further
RESOLVED, that the Downtown West Historic District meets the definition of a local historic
district as set forth in the Municipal Code, as follows:
An area which contains primarily properties which meet one or more of the criteria
for designation as an individual landmark, namely:
1. Possessing special character or historic or aesthetic interest or value as
part of the cultural, political, economic, or social history of the locality,
region, state, or nation; or
2. Being identified with historically significant person(s) or event(s); or
3. Embodying the distinguishing characteristics of an architectural style; or
4. Being the work of a designer whose work has significantly influenced an
age; or
5. Representing an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristics.
and is an area which constitutes a distinct section of the city by reason of
possessing those qualities that would satisfy such criteria.
and be it further
RESOLVED, that the Ithaca Common Council approves the designation of the Downtown West
Historic District as a Local Historic District under Section 228-3 of the Municipal
Code.
b) Proposed Historic Landmark Designation – 421 N. Albany St. (Dennis-
Newton House)
Alderperson McCollister commented that this property has been deemed
condemned and receiving historic designation it will save the building from
demolition.
Alderperson Brock asked about the property owner’s concerns or view if this
property is designated since in the City of Ithaca doesn’t require the owner to agree
to this designation. McCracken stated that he has been fully informed of all the
meetings and/or public hearings. He has not commented nor indicated any
opposition of the designation but does still have the right to come forward prior to the
Common Council meeting.
It was further pointed out that the property owner has ignored all attempts made by
the Building Department regarding the condition of the property, but the payment of
taxes is up-to-date.
Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Passed
Unanimously.
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca
Landmarks Preservation Commission (ILPC) may designate
landmarks and districts of historic and cultural significance, and
WHEREAS, on February 10, 2015, the ILPC conducted a public hearing for the
purpose of considering a proposal to designate the Dennis-Newton
House, 421 N. Albany St., as a local landmark, and
WHEREAS, the designation of a local landmark is a Type II action under the NYS
Environmental Quality Review Act and the City Environmental Quality
Review Ordinance and as such requires no further environmental
review, and
WHEREAS, the ILPC found that the proposal meets criterion “C.,” defining a
“Local Landmark,” under the Landmarks Preservation Ordinance
and on February 10, 2015, voted to designate the Dennis-Newton
House as a local landmark, and
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning
Board shall file a report with the Council with respect to the relation
of such designation to the master plan, the zoning law, projected
public improvements and any plans for the renewal of the site or
area involved, and
WHEREAS, a copy of the Planning Board's report and recommendation for
approval of the designation, adopted by resolution at the meeting
held on February 24, 2015, has been reviewed by the Common
Council, and
WHEREAS, Section 228-4 of the Municipal Code states that the Council shall
within ninety days of said designation, approve, disapprove or refer
back to the ILPC for modification; now, therefore, be it
RESOLVED, that the Common Council finds that the designation is compatible
with and will not conflict with the master plan, existing zoning,
projected public improvements or any plans for renewal of the site
and area involved, and be it further
RESOLVED, that the Dennis-Newton House, 421 N. Albany St., meets the
definition of a local landmark as set forth in the Municipal Code, as
follows: A structure, memorial or site or a group of structures or
memorials, including the adjacent areas necessary for the proper
appreciation of the landmark, deemed worthy of preservation, by
reason of its value to the city as:
A. An outstanding example of a structure or memorial
representative of its era, either past or present;
B. One of the few remaining examples of a past architectural style
or combination of styles;
C. A place where an historical event of significance to the city,
region, state or nation or representative activity of a past era
took place or any structure, memorial or site which has a special
character and aesthetic interest and value as part of the
development, heritage and cultural characteristics of the City of
Ithaca, including sites of natural or ecological interest and be it
further
RESOLVED, that the Ithaca Common Council approves the designation of the
Dennis-Newton House and the adjacent areas that are identified as
tax parcel #50.-3-22 as a local landmark.
c) Repeal of Collegetown Parking Overlay Zone (CPOZ)
An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325,
Entitled “Zoning” To Repeal the Collegetown Parking Overlay Zone (CPOZ) –
Declaration of Lead Agency for Environmental Review
Moved by Alderperson Kerslick; seconded by Alderperson Martell. 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 the Common Council of the City of Ithaca does hereby declare
itself lead agency for the environmental review of the adoption of an ordinance to
amend the Municipal Zoning Code to repeal the Collegetown Parking Overlay Zone
(CPOZ).
An Ordinance Amending the Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning” To Repeal the Collegetown Parking Overlay Zone
(CPOZ) – Determination of Environmental Significance
Moved by Alderperson Kerslick; seconded by Alderperson McCollister.
Passed unanimously.
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the
Municipal Code in order to repeal the Collegetown Parking Overlay Zone (CPOZ),
and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated February 19,
2015, and
WHEREAS, these zoning amendments have 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 have 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 in the Full
Environmental Assessment Form, dated February 19, 2015, 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.
An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325,
Entitled “Zoning” To Repeal the Collegetown Parking Overlay Zone (CPOZ)
Moved by Alderperson Kerslick; seconded by Alderperson McCollister.
Passed Unanimously.
WHEREAS, the adoption of the Collegetown Area Form Districts in 2014changed
the off-street parking requirements for the majority of properties included in the
Collegetown Parking Overlay Zone (CPOZ),resulting in a conflict between the
requirements of the new form-based code and the CPOZ legislation, and
WHEREAS, there are approximately 145 properties to the west and south of central
Collegetown that are still subject to the requirements of the CPOZ while other
residential zones in the city share a common off-street parking requirement, and
WHEREAS, the majority of these properties are part of the City’s East Hill Historic
District, and the repeal of the CPOZ will support the Ithaca Landmarks Preservation
Commission’s efforts to preserve green space in the historic district,
WHEREAS, by repealing the CPOZ, the 145 properties will be subject to the off-
street parking requirements of the underlying zoning; now, therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
ORDINANCE NO. ____
Section 1. Chapter 325, Sections 325-4 and 325-5 of the Municipal Code of the City
of Ithaca are hereby amended to delete any reference to the Collegetown Parking
Overlay Zone (CPOZ).
Section 2. Chapter 325 of the Municipal Code of the City of Ithaca is hereby
amended to delete §325-20D(3)(d), “Parking in the Collegetown Parking Overlay
Zone,” in its entirety and all subsequent sections shall be renumbered accordingly.
Section 3. The Official Zoning Map of the City of Ithaca is hereby amended to delete
any reference to the Collegetown Parking Overlay Zone (CPOZ).
Section 4. All applicable sections within the Municipal Code of the City of Ithaca
shall be updated in accordance with the amendments made herewith.
Section 5. 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 6. Effective date. This ordinance shall take effect immediately and in accordance
with law upon publication of notices as provided in the Ithaca City Charter.
d) Proposal to Amend the Industrial Zone
Alderperson McGonigal voiced his concern that the industrial zones are so close
to water which would require a significant foundation.
It was decided the need for the attorney’s clarification of the definition of
‘industrial use’.
Draft Resolution
Moved by Alderperson Brock; seconded by Alderperson McCollister.
Passed unanimously.
3/4/15
An Ordinance to Amend the Municipal Code of the City of Ithaca,
Chapter 325, Entitled “Zoning” to Amend the Industrial (I-1)
Zoning District in Order to Require a Minimum of two Stories for
New Non-Industrial Construction – Declaration of Lead Agency
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 the Common Council of the City of Ithaca does
hereby declare itself lead agency for the environmental review of
the proposal to amend the I-1 zoning district in order to require
a minimum of two stories for new non-industrial construction.
Moved by Alderperson Brock; seconded by Alderperson Martell. Passed
unanimously.
Draft Resolution
3/4/15
An Ordinance to Amend the Municipal Code of the City of
Ithaca, Chapter 325, Entitled “Zoning” to Amend the
Industrial (I-1) Zoning District in Order to Require a
Minimum of two Stories for New Non-Industrial Construction
– Declaration of Environmental Significance
1. WHEREAS, The Common Council is considering to amend
the I-1 zoning district in order to require new non-
industrial construction to have a minimum of two
stories, and
2. WHEREAS, the appropriate environmental review has b
een
conducted, including the preparation of a Short
Environmental Assessment Form (SEAF), dated February
23, 2015, and
3. WHEREAS, the proposed action is a “Unlisted” Action
under the City Environmental Quality Review Ordinance,
and
4. WHEREAS, the Common Co
uncil of the City of Ithaca,
acting as lead agency, has reviewed the SEAF prepared
by planning staff; now, therefore, be it
1. RESOLVED, that this Common Council, as lead agency in
this matter, hereby adopts as its own the findings and
conclusions more fully set forth on the Short
Environmental Assessment Form, dated February 23,
2015, and be it further
2. 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
3. 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. ____
An Ordinance to Amend the Municipal Code of the City of Ithaca,
Chapter 325, Entitled “Zoning” to Amend the Industrial (I-1)
Zoning District in Order to Require a Minimum of two Stories for
New Non-Industrial Construction
1. WHEREAS, the Official City of Ithaca Zoning Map currently has five locations that are designated as
Industrially zoned districts (I-1); Cherry Street, Carpenter Business Park, the former Emerson site, the
former Ithaca Gun site, and a triangular piece of land wedged between the north side of Willow Avenue
and the west side of Route 13 North, and
2. WHEREAS, the area restrictions in the I-1 zoning district were originally established in order to allow for
industrial uses, which may include large one story buildings that can accommodate storage and machinery
and therefore has no minimum story requirement, and
3. WHEREAS, in order to allow for a mix of compatible uses, the Industrial zone allows for all permitted
uses within the City’s zoning ordinance, with the exception of residential uses, and
4. WHEREAS, given the limited amount of developable industrial space within the City, one-story
development is only appropriate for industrial uses and all other uses should be multi story development,
therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1. Chapter 325, Section 325-3, entitled “Definitions and Word
Usage,” be amended to add the following definition:
Industrial Uses
Any use having to do with the business of manufacturing products, including,
warehousing, wholesaling, lumberyards, storage and handling of bulk
goods (not including rubbish as defined in § 196.1)
Section 2. Chapter 325, Section 325-16, entitled “Height regulations,”
be amended to add a new section “H” to read as follows:
H. Notwithstanding anything to the contrary contained herein, in the
I-1 district, no new construction of a primary non-industrial use
building shall be erected that is less than two stories. When an
addition or series of additions to a non-industrial primary use
building existing as of the date of this ordinance is constructed,
that part of the addition or additions in excess of 50% of the
building area of the existing building shall also not be less than two
stories.
Draft Resolution
e) Proposal to Rezone Former Gun Hill Factory Site
Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed
unanimously.
3/4/15
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” in order to Rezone Portions of
the I-1 Zoning District to R-3a and P-1– Declaration of Lead
Agency
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 “TYPE I” Action
pursuant to the City Environmental Quality Review (CEQR)
Ordinance, which requires environmental review under CEQR; now,
therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does
hereby declare itself lead agency for the environmental review of
the proposal to rezone portions of the I-1 zoning district to R-
3a and P-1.
Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed
unanimously.
Draft Resolution
3/4/15
An Ordinance Amending The Municipal Code Of The City Of
Ithaca, Chapter 325, Entitled “Zoning,” in order to Rezone
Portions of the I-1 Zoning District to R-3a and P-1–
Declaration of Environmental Significance
1. WHEREAS, The Common Council is considering a proposal
to rezone portions of the I-1 zoning district to R-3a
and P-1, and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full
Environmental Assessment Form (FEAF), dated February
23, 2015, and
3. WHEREAS, the proposed action is a “TYPE I” Action
under the City Environmental Quality Review Ordinance,
and
4. WHEREAS, the Common Council of the City of Ithaca,
acting as lead agency, has reviewed the FEAF prepared
by planning staff; now, therefore, be it
1. 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 Full
Environmental Assessment Form, dated February 23,
2015, and be it further
2. 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
3. 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.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA,
CHAPTER 325, ENTITLED “ZONING” TO REZONE PORTIONS OF THE I-1 ZONING
DISTRICT TO R-3a AND P-1
WHEREAS, the former Ithaca Gun site is located adjacent to Ithaca Falls and within a
residential neighborhood, and
WHEREAS, the site is currently zoned for industrial uses, which was established when the site
was an active gun factory, and
WHEREAS, the factory has long been closed and the site has remained vacant for many years,
and
WHEREAS, given its location, industrial uses could have large impacts to the existing adjacent
residential development and are therefore not a desirable land use for this area, and
WHEREAS, on November 5, 2003, the Common Council adopted the Gun Hill Area plan as an
amendment to the City Comprehensive Plan, which stated that industrial uses are no longer
appropriate for this location, and
WHEREAS, the current draft City Comprehensive Plan determined that the appropriate future
land use of this site is medium density residential, and
WHEREAS, as a part of the environmental remediation of the Gun Hill site the City dedicated
the southern portion of parcel 11.-3-1.21, which is currently zoned I-1, as parkland, therefore
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that Chapter 325 (Zoning) of the Municipal Code of the City
of Ithaca is hereby amended as follows:
Section 1. Chapter 325, Section 325-5, of the Municipal Code of the
City of Ithaca is hereby amended to
change the zoning designation
from I-1 to the R-3a designation for the following tax parcels:
12.-7-4,28.-3-5, 11.-3-1.23, and 11.-3-1.22. The boundaries of this
amendment are shown on the map entitled “
Proposed Rezoning of the
Former Ithaca Gun Site-February 2015
,” a copy of which shall be on
file in the City Clerk’s office.
Section 2
. , Chapter 325, Section 325-5, of the Municipal Code of
the City of Ithaca is hereby amended to change the zoning
designation from I-1 to P-1 for a portion of parcel 11.-3-1.21
, so
that the entire parcel will now be zoned I
-1.
f) Planning Board as Lead Agency – Common Council as an Involved Agency
Alderperson McCollister stated her support of this change.
Common Council Concurrence that the Planning Board be Lead Agency in
Environmental Review For Site Plan Review Projects for which the Common Council is
an Involved Agency.
Moved by Alderperson Kerslick; seconded by Alderperson McCollister. Passed
unanimously.
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, 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: State Law also specifies that when an agency proposes to directly undertake,
fund or approve a Type I Action or an Unlisted Action undergoing coordinated review with
other involved agencies, it must notify them that a lead agency must be agreed upon within
30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS
was transmitted to them, and
WHEREAS: Projects submitted to the Planning Board for Site Plan Review and Approval, at
times involve approvals or funding from Common Council, making Council an involved
agency in environmental review, and
WHEREAS: in order to avoid delays in establishing a Lead Agency and to make the
environmental review process more efficient, it is desirous to have an agreement that the
Planning Board will assume Lead Agency status for such projects, and
WHEREAS: in accordance with the State Environmental Quality Review Law and the City
of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with
project information and environmental forms for their review, as well as all environmental
determinations, now be it
RESOLVED: that Common Council does hereby consent to the Planning & Development
Board acting as Lead Agency in environmental review for site plan review projects for which
Common Council has been identified as an Involved Agency, and be it further
RESOLVED: this action does not affect Common Council’s ability to not consent to the
Planning & Development Board acting as Lead Agency, should it so desire, for any future
project.
Draft Resolution: Common Council Concurrence that the Planning and Development
Board be Lead Agency in Environmental Review for the Proposed Mixed Use Project to
be Located at 210 Hancock Street.
Moved by Alderperson Kerslick; seconded by Alderperson Martell. Passed
unanimously.
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, 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 City of Ithaca Planning and Development Board has one pending
application for site plan approval for a mixed use project known as 210 Hancock Street by
Ithaca Neighborhood Housing Services (INHS), applicant and owner, and
WHEREAS: the applicant proposes to redevelop the entire 2.01 acre parcel currently
containing the vacant former grocery store, a smaller commercial building and a 110-space
parking lot. The applicant proposes to construct thirteen 2-story for sale townhomes and a
4-story, approximately 65,000 SF, mixed use building with approximately 50 apartments and
three ground floor commercial spaces totaling approximately 10,000 SF. 70 parking spaces
will be provided – approximately one third of which will be on the ground floor of the
apartment building. The applicant also proposes to convert portions of Adams St and Lake
Ave (both of which are public streets) into “living streets” by making them narrower,
providing green areas and installing bike and pedestrian amenities. The project is in the B-
2a Zoning District and will likely require subdivision in the future. The project will require
the following approvals: a parking variance from the Board of Zoning Appeals (BZA),
approval from the Board of Public Works (BPW) for improvements to property in the public
way, approval for funding from the Ithaca Urban Renewal Agency (IURA) and approval
from Common Council, and
WHEREAS: this is a Type I Action under the City of Ithaca Environmental Quality Review
Ordinance, §176-4 (h)(2),(k), and (n) and the State Environmental Quality Review Act,
§617.4 (9), and is subject to environmental review, and
WHEREAS: the BZA, BPW, IURA and Common Council have all been identified as
potentially involved agencies for the environmental review of this project, now therefore be
it
RESOLVED: that Common Council does hereby consent to the Planning & Development
Board acting as Lead Agency in environmental review for the 210 Hancock Street Project.
Draft Resolution: Common Council Concurrence that the Planning Board be Lead
Agency in Environmental Review for the Proposed Lake Street Public Park
Enhancement Project to be located on Lake Street at Fall Creek.
Moved my Alderperson Brock; seconded by Alderperson McCollister. Passed
unanimously.
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, 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 City of Ithaca Planning and Development Board has one pending
application for site plan approval for proposed park enhancements at Lake Street Park by the
City of Ithaca, applicant and owner, and
WHEREAS: the applicant proposes to undertake enhancements to improve the accessibility
and functionality of the park. Proposed work includes adding a concrete walkway and falls
overlook, installing metal guardrails behind the existing stone retaining wall, installing a
movable gate for controlled access to the Ithaca Falls Natural Area, replacing the existing
bike racks, adding an accessible curb ramp, improving the landscaping, and other site
improvements. The project is in the P-1 Zoning District and requires approvals from the
Board of Public Works (BPW) and Common Council, and
WHEREAS: this is a Type I Action under the City of Ithaca Environmental Quality Review
Ordinance (“CEQRO”) §176-4 B.(h)[2] and [3] and the State Environmental Quality Review
Act (“SEQRA) §617.4 (11) and is subject to environmental review, and
WHEREAS: the BPW and Common Council have both been identified as potentially
involved agencies in the environmental review of this project, now therefore be it
RESOLVED: that Common Council does hereby consent to the Planning & Development
Board acting as Lead Agency in environmental review for the proposed Lake Street Public
Park Enhancement Project.
6) Action Items – Approval to Circulate
a) Divestiture of City-owned Lands – Elmira Road, Seneca Street, State/MLK
Street
This item was not discussed at this meeting. It will be discussed at the April 8,
2015 meeting.
7) Review and Approval of Minutes
a) January and February 2015
Moved by Alderperson Martell; seconded by Alderperson Brock. Passed
unanimously.
8) Adjournment
Chair Murtagh motioned to adjourn at 8:32 p.m.