HomeMy WebLinkAbout10-01-14 Common Council Meeting AgedaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, October 1,
2014, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green
Street, Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS /AWARDS:
4. SPECIAL ORDER OF BUSINESS:
4.1 Presentation of Annual Employee Recognition Award
4.2 A Public Hearing Regarding the Proposed Assessment Roll, Budget, and
Schedule of Work for Each Sidewalk Improvement District for Fiscal Year 2015
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Planning, Building, Zoning and Economic Development Department - Request
Funds for Computer Software Development - Resolution
8.2 Planning, Building, Zoning and Economic Development Department
Request Funds for Computer Software Development - Resolution
9. CITY ADMINISTRATION COMMITTEE:
9.1 Transfer of Property at 320 -324 E. Martin Luther King Jr. /E. State Street to the
Ithaca Urban Renewal Agency (IURA) to Undertake an Urban Renewal Project
for Development of a 120 -room Hotel - Resolution
A. Declaration of Lead Agency for Environmental Review - Resolution
B. Determination of Environmental Significance - Resolution
C. Transfer of Property - Resolution
9.2 Proposed Policy to Increase the Use of Bicycle and Foot Patrols by the Ithaca
Police Department - Resolution
9.3 City Controller Report — 2015 Budget Presentation
Common Council Meeting Agenda
October 1, 2014
Page 2
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled
"Zoning," Article IV, Section 325 -12, in Order to Make Minor Non Substantive
Changes Regarding the Common Council Approval Process for Planned Unit
Developments (PUDs)
10.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
entitled "Zoning ", Section 325 -3, entitled, "Definitions and word usage" to add
additional clarifying language to the definitions of "Building ", "Building Area ", and
"Structure"
A. Declaration of Lead Agency for Environmental Review - Resolution
B. Determination of Environmental Significance - Resolution
C. Adoption of Ordinance
10.3 Community Investment Incentive Tax Abatement Program (CIITAP)
Amendments — Resolution
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER — FILED RESOLUTIONS:
14. MAYOR'S APPOINTMENTS:
14.1 Appointment to Bicycle Pedestrian Advisory Council - Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
17.1 Proposed Executive Session to Discuss Pending Litigation
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the September 3, 2014 Common Council Meeting Minutes —
Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please co act the City Clerk at 274 -6570 at least 48
hours before the meeting.
p lie Conley Holco b, WC
City Clerk
Date: September 25, 2014
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Planning, Building, Zoning and Economic Development Department -
Request Funds for Computer Software Development - Resolution
WHEREAS, the Planning, Building, and Economic Development Department proposes
to develop a computer software program to computerize workflow processes for the
Planning, Building, Zoning, and Landmarks Preservation approval procedures, and
WHEREAS, the current approval process for developers, contractors, and homeowners
is lengthy, intricate, and requires multiple actions from department and the applicant.
The need for approval is dependent on a review process that refers the applicant from
one division to another. The process leads to multiple applications, submittals, and
pertinent information necessary to acquire the approval required to permit the
construction of a project, and
WHEREAS, the Department has contacted a computer software developer to program
the existing Building Division's database to include a web -based Master Application and
the computerization of the associated workflow processes for the Planning, Building,
Zoning, and Landmarks Preservation approval procedures, and
WHEREAS, the cost to implement the developed solution is $30,000 for the custom
programming and integration to the existing database, and
WHEREAS, part of the 2014 authorized budget, $30,000 was placed in Restricted
Contingency for computer software development related to Planning, Building and
Economic Development workflow processes; now, therefore be it
RESOLVED, That City staff have reviewed the current Planning, Building and Economic
Development database software applications and have determined that additional
custom programming and applications are necessary to improve the current application
workflow process, and be it further
RESOLVED, That Common Council hereby authorizes the Controller to transfer an
amount not to exceed $30,000 from account A1990 Restricted Contingency to Account
A8020 -5435 Planning, Building, Zoning, and Economic Development Department for
the purpose of funding the said computer development.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850 -5690
DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development — 607- 274 -6550 Community Development/IURA — 607 -274 -6559
Email: dgrunder @cityofithaca.org Email: Tura @cityofithaca.org
Fax: 607 - 274 -6558 Fax: 607 - 274 -6558
MEMORANDUM BACK -UP ITEM 8.1
Date: August 26, 2014
To: Steve Thayer, Comptroller
From: Gino Leonardi, Housing and Land Use Supervisor
Subject: Resolution to release money in restricted contingencies
Background
In 2007, the Building Division received monies to develop a computer program to automate the Housing
Inspection process. Subsequent software upgrades to the database were implemented that streamlined
many processes within the Building Division. The upgrades enhanced the existing database to include
building management, inspections, permits, contacts, and invoicing to creating a complete property
management database. Throughout this development; cost effectiveness, streamlining processes, and
developing managerial tools have been implemented to take advantage of the information contained
within the database. The database has become an extremely effective tool that is moving toward
integration with other City and County programs to provide data to the user with a click of a button.
Problem
Developers, contractors, or homeowners wishing to perform work within the City, can seek information
from the Planning, Building, Zoning, or the Economic Development Division. Each division provides the
benefit of a walk -in service that can provide information to the public. These avenues of contact are and
have always been a good way to provide customer service. The draw back with this process is it can be
confusing and time consuming for staff, the developer, contractors, or homeowners.
To understand the issue, we must look at the path that an applicant can take. The applicant can seek
information from the Planning, Building, Zoning, or the Economic Development Division. Each avenue
requires the applicant to submit pertinent information to the Division where they are seeking information.
If it is found that other approvals are required, the applicant is referred to the appropriate division where
they receive another list of requirements. In addition, the City Code requires that all projects have a
"Building Permit" prior to commencing review for any approvals. Therefore, before a division can review
an application, they must send the applicant to the Building Division for a permit. This step results in a
minimum $35.00 fee and a potentially long list of additional requirements.
Each path of entry requires an application, plans, and a detailed description of the project for each
application. The difficulty starts when determining the need for other approvals in a timely fashion. Site
plan review, zoning variances, and ILPC's certificates of compliance have scheduled submission
deadlines. The time line for these schedules must be met or it could result in delays adding months to
grant an approval. These steps are compounded by the need for multiple forms, submittals, notifications,
meeting schedules, and legal requirements for the applicant. This is a long and tedious process that must
be managed by the applicant and City staff.
MEMORANDUM August 26, 2014
Re: Resolution to release money in restricted contingences
In the past, the Building Division took the lead in determining compliance with city ordinances and would
follow the project to completion. Today, due to the complexity of the codes, it is no longer possible for
any one division to manage a project through all of the approval processes. The intricate knowledge
necessary to facilitate approval through another division's specialty is becoming too difficult, both for
staff as well as the applicant. Cross - learning of other division's procedures, especially in the ever
changing world of City and State Codes, is causing errors and omissions that often cost the applicant time
and money and does not reflect well on the City.
Solution
Implement a computer program that will host an on -line application. This on -line "Wizard" application is
a smart application that will accept data, process data, and retrieve data from the database, all in real time.
The Wizard will be used as a "Master Application" that will determine the need for division approval via
an information path, prompted by select questions that will be answered by the applicant. The work flow
process will be initiated by the Wizard which will process specific information and use it as "triggers" to
determine the workflow. Divisions will be included or excluded in the workflow path, depending on the
approval needed. This will allow each division to simultaneously process reviews and approvals and
focus on their specialty. The Wizard will be programmed to recognize projects that require no "other"
approval and will forward those projects directly to the Building Division in a "Building Permit" form.
For projects that require additional approvals, the submitted application will be reviewed and the client
will be personally contacted (by phone or email) with questions and/or directions by a qualified individual
within the applicable division. This process will streamline efforts and provide an efficient method for
development within the City of Ithaca. This proposal includes computerizing the applicable processes of
the Planning and Zoning Divisions, including computerizing the application process for historic
properties that require review by the ILPC, The proposed computerization will include; automating initial
applications, able to edit application forms, scheduling project review and approval meetings, creating
automated email notifications and agendas, auto - populate numerous forms, and automate the document
management system. This new system will be integrated into the current database, utilizing existing data
and will be accessible from the City Web site.
Zhe FM Solutions, our software developer, has reported that our current software developed in FileMaker
can be programmed to support these critical functions.
For a maximum of $30,000.00 (estimating approximately 311 -316 hours of labor at $95 per hour)
Page 1 2
8.2 Planning, Building, Zoning and Economic Development Department
Request Funds for Computer Software Development - Resolution
WHEREAS, the Planning, Building, Zoning, and Economic Development Department
(the Department) proposes to develop a computer software program to computerize
workflow processes for the Exterior Property Maintenance process, and
WHEREAS, the current process for Exterior Property Maintenance enforcement is
performed primarily by hand and delays in notifying owners of EPM violations is causing
issues between the landowners and the enforcement personnel. Ongoing complaints
necessitate the need to streamline the process, improve document routing procedures,
notify property owners, and minimize repeated offences, and
WHEREAS, the Department has contacted a computer software developer to program
the existing Building Division's database to include a web -based process for Exterior
Property Maintenance computerization of the associated workflow process, and
WHEREAS, the cost to implement the developed solution is $6,954 for the custom
programming, web access and integration to the existing database, and
WHEREAS, these funds were not anticipated as part of the 2014 authorized budget, but
could be used from the Unrestricted Contingency Account, which has a current balance
of $77,628; now therefore be it
RESOLVED, That Common Council hereby authorizes the Controller to transfer an
amount not to exceed $6,954 from account A1990 Unrestricted Contingency to Account
A8020 -5435 Planning, Building, Zoning, and Economic Development Department for
the purpose of funding the said computer development.
CITY OF ITHACA
108 East Green Street —3rd Floor Ithaca, New York 14850 -5690
DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
"Telephone: Planning & I:)evelopment — 607- 274 -6550 Community DevelopmentllURA — 607 - 274 -6559
Email: dgrunder @cityofithaca.org Email: iura @cityofithaca.org
Fax: 607 - 274 -6558 Fax: 607 -274 -6558
BACK -UP ITEM 8.2
MEMORANDUM
Date: September 9, 2014
To: Steve Thayer, Comptroller
From: Gino Leonardi, Housing and Land Use Supervisor
Subject: Resolution to fund Exterior Property Maintenance Computer Program
Background
The Exterior Property Maintenance Ordinance (EPM) was adopted on June 13, 2001. The
purpose of the ordinance was to provide a minimum standard for the maintenance of exterior
grounds and visible facades within the City of Ithaca. These standards provided a means of
enforcement to insure that the property's visible condition is maintained. As part of the
ordinance, an inspector is charged with the responsibility of issuing tickets for violations. The
ordinance has had a positive effect on the maintenance of properties but there has been an
increase in the number of complaints concerning the EPM process and the subsequent issuance
of tickets for violations. The current process is a three tiered process that involves the EPM
Inspector, City Court, and the City Prosecutor. To further understand the issue, we must look at
the process managed by each branch of government.
Problem
First, the inspector routinely patrols the City for EPM violations. He travels a selected area each
day and revisits the properties that have been issued a violation the following day. If the
violation still exists, a second ticket is issued. Tickets can be issued for a violation for every 24
hours a violation exists. This process is repeated until the violation is removed. Violations for
EPM incur a civil penalty of $25 for the first violation at a property within a six -month period,
$50 for a second violation at the same property within a six -month period, $200 for a third
violation at the same property within a six -month period, and $300 for a fourth or subsequent
violation at the same property within a six -month period. Within the six -month period numerous
violation can be sited and incur a fourth violation fee for an existing or a new violation.
As part of the process, the inspector has to complete the accusatory instrument form. The
inspector must provide a ticket number, owners name, code section and description of violation,
and attach pictures of the offence. He also must review records and determine if the violation is a
first, second, third, or forth offence before saving the document for record retention. A copy of
the completed record is then sent to the City Court and to the City Prosecutor. This workflow is
performed for each ticket and for each day a ticket is issued by the inspector.
Re: Resolution to fund Exterior Property Maintenance Computer Program Page 2
Once City Court receives the accusatory instrument, it is entered into a log and a limited amount
of information is transposed into a summons. The summons is filed and a copy is mailed to the
property owner. A summons is required to be served by mail to the property owner in order to
notify them of the offence. The owner can receive the notification (ticket) within 4 -7 days after
the ticket has been issued. In the interim, a ticket can be issued every 24 hours for the same
violation or a new violation on the property.
The final step of the process involves the City Prosecutor, who is responsible for prosecuting
EPM offences. This is the most difficult aspect of the process. In most cases the property owner
has received multiple tickets prior to receiving a notice of violation by City Court. The time
lapse between the ticket being issued and the time the owner is notified has to be taken into
account when determining the fine for the violation. In some cases the fine is reduced to
compensate for the delays in the process. The City Prosecutor also has to resolve other property
owner issues; the circumstances regarding the issuance of a ticket, the time frame when the
owner received the ticket, the number of tickets, can a reasonable settlement be procured or
whether the case goes to court. All of this means an enormous amount of work for the City
Prosecutor pursuing the EPM violations.
Solution
The Planning, Building, Zoning, and Economic Development Department proposes to
computerize the Exterior Property Maintenance process in order to streamline the work
performed primarily by hand. The proposal includes the use of an iOS device that will be used in
the field to process the accusatory and route the information automatically to each branch of
government. A picture of the violation and the completed accusatory form will be sent to the
recipients and stored in Laserfiche. The process will include instant notification to the owner via
an email system that will generate a letter notifying the owner that they have received an EPM
ticket. The letter will inform the owner that they have 24 hours to remedy the violation or
another ticket will be issued. The computer will generate property lists that need re- inspections
for tickets that were issued the previous day and maintain the number of offences for the
property.
This new process should alleviate most of the current issues that we are experiencing with delays
in notifying the owner. The notification process will also help with imposing fines for
consecutive violations when violations are not removed. The new process will create an efficient
workflow for initial inspections, re- inspections, accusatory processing, document routing,
document storage, prosecuting offences, and increase the ratio of offences verses fines collected.
This solution will allow property owners to acknowledge that a violation exists and give them an
opportunity to remedy the violation prior to the issuance of a second or third offence.
Zhe FM Solutions, our software developer, has reported that our current software developed in FileMaker
can be programmed to support these critical functions, for a maximum of $4,420.00 (estimating
approximately 52 hours of labor)
Purchase of, iOS hardware device, for a maximum of $650.00
Web hosting services and cellular service, for an annual cost of $1,884.00. (Future increases are possible.)
Total Project Cost: $6,954.00
"An Equal Opportunity Employer with a commitment to workforce diversification."
9. CITY ADMINISTRATION COMMITTEE:
9.1 Transfer of Property at 320 -324 E. Martin Luther King Jr. /E. State Street to
the Ithaca Urban Renewal Agency (IURA) to Undertake an Urban Renewal Project
for Development of a 120 -room Hotel - Resolution
A. Declaration of Lead Agency for Environmental Review - Resolution
WHEREAS, the Common Council of the City of Ithaca is considering a proposal to
transfer ownership of property located at 320 -324 E. Martin Luther King Jr. /E. State
Street to the Ithaca Urban Renewal Agency (IURA) to facilitate a urban renewal project
to construct a 120 -room hotel at the 300 block of E. Martin Luther King Jr. /E. State
Street, and
WHEREAS, State Law and Section 176 -6 of the City Code require that a lead agency
be established for the purpose of 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 transfer of less than 2.5 acres of land is an "Unlisted" action
pursuant to the City Environmental Quality Review Ordinance ( "CEQR "), which requires
environmental review under CEQR; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare itself
Lead Agency for the environmental review of the transfer of property located at 320 -324
E. Martin Luther King Jr. /E. State Street (tax parcel #69.- 1 -6.2) to the IURA for the
purpose of structuring a proposed purchase and sale agreement to undertake an urban
renewal project to construct a 120 -room hotel, which agreement shall be subject to
approval by Common Council.
B. Determination of Environmental Significance - Resolution
WHEREAS, the Common Council of the City of Ithaca is considering a proposal to
transfer ownership of property located at 320 -324 E. Martin Luther King Jr. /E. State
Street (tax parcel #69.- 1 -6.2) to the Ithaca Urban Renewal Agency (IURA) for the
purpose of structuring a proposed purchase and sale agreement to undertake an urban
renewal project to construct a 120 -room hotel, and
WHEREAS, the proposed hotel project will undergo separate environmental review as
part of the site plan review process, and
WHEREAS, the proposed hotel project is not physically feasible without acquisition of
City -owned land, and
WHEREAS, it is not reasonable or practicable to expect the Preferred Developer to
develop detailed project plans and analyses of potentially significant adverse impacts of
the proposed hotel project prior to knowledge that the City -owned portion of the project
site will potentially be made available for the hotel project through the IURA, and
WHEREAS, as part of the site plan review process, the Planning and Development
Board regularly conducts rigorous and thorough environmental review of all aspects of
the proposed development project that comes before it, and
WHEREAS, pursuant to §176- 6(F)(1)(b) of the City Environmental Quality Review
Ordinance, the re- establishment of a Lead Agency may occur "upon failure of the Lead
Agency's basis of jurisdiction," so that the Planning and Development Board may
subsequently assume the role of Lead Agency for the environmental review for the site
plan review of the proposed hotel project, and
WHEREAS, the proposed action for transfer of city -owned property of less than 2.5
acres is an "Unlisted Action" under the City Environmental Quality Review Ordinance,
and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the SEAF prepared by staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that circumstances warrant a segmented review of this property transfer
from other stages of the proposed hotel project and that subsequent environmental
review of the proposed hotel project during the required site plan review process will be
no less protective of the environment, and be it further
RESOLVED, That the Common Council, as Lead Agency in this matter, hereby adopts
as its own, the findings and conclusions more fully set forth on the Short Environmental
Assessment Form, and be it further
RESOLVED, That this Common Council, as Lead Agency in this matter, hereby
determines that the proposed action at issue will not have 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.
C. Transfer of Property - Resolution
WHEREAS, Lighthouse Hotels LLC proposes construction of a $19 million, six -story,
120 -room Hampton Inn & Suites hotel behind the Carey Building on parcels currently
used for public and private surface parking at the 300 block of E. Martin Luther King
Jr. /E. State Street (Urban Renewal Project), and
WHEREAS, the project site includes the 32 -space municipal parking lot at 320 -324 E.
Martin Luther King Jr. /E. State Street, which is partially owned by the City and partially
owned by the Ithaca Urban Renewal Agency (IURA), and
WHEREAS, §507 of General Municipal Law authorizes the IURA to negotiate sale of
public land with a Qualified and Eligible Sponsor ( "Preferred Developer ") to undertake
an urban renewal project, which proposed sale and development agreement is subject
to public hearing and approval by the Common Council, and
WHEREAS, the primary objective of the Urban Renewal Plan is to improve the
economic, social and physical characteristics of the project neighborhood, and
WHEREAS, City policy requires the Board of Public Works to declare City -owned
property surplus for public works purposes prior to any transfer of City -owned property,
and
WHEREAS, on June 26, 2014, the IURA designated Lighthouse Hotels LLC as the
Preferred Developer to undertake the Urban Renewal Project, and authorizing potential
acquisition of IURA and City -owned parcels of the project site through negotiations,
subject to Common Council approval, and
WHEREAS, on August 18, 2014, The Board of Public Works determined that the City -
owned portion of the municipal parking lot located at 320 -324 E. Martin Luther King
Jr. /E. State Street (tax parcel #69.- 1 -6.2) is not needed for City of Ithaca public works
purposes, and
WHEREAS, upon Common Council authorization to transfer the approximately 8,300
square foot City -owned portion of the municipal parking lot to the IURA, the IURA
intends to enter into a 90 -day exclusive negotiating agreement with the Preferred
Developer to structure a proposed purchase and sale agreement to convey tax parcels
#69. -1 -3 and #69. -1 -6.2 to the Preferred Developer at no less than estimated fair market
value and establish post - closing requirements on the Urban Renewal Project including
but not limited to urban design, job creation and housekeeping department employee
wage levels, and
WHEREAS, the IURA has established the following minimum standards for the project:
A. Urban Design: prohibition of the following exterior building facade materials
unless the Planning and Development Board finds such materials enhance the design
of the building:
• EIFS (Exterior Insulation & Finishing System), such as "Dryvit" or other stucco -
like finishes
• Concrete masonry units, including split -face cement block;
B. Job Creation: creation of at least 33 full -time equivalent jobs;
C. Wages /Salaries:
• Living Wage Positions - Creation of a minimum of 11 full -time employment
positions paid at least a "living wage" (currently $12.62 /hour with employer health
insurance benefits)
• Housekeeping Staff - each employee in the housekeeping department to be paid
at least $9.75 /hour (equivalent to 120% of state minimum wage); and
WHEREAS, the IURA has identified the following additional issues to be included in
negotiations with the Preferred Developer:
• Accommodations to mitigate loss of public parking to adjacent enterprises;
• Participation in IURA- sponsored job training and job placement programs, such
as the Hospitality Employment Training Program;
• The appropriate mechanism to ensure that the enhanced wages to be paid to all
employees in the housekeeping department is maintained at a dynamic level in
the future (e.g., indexed to 120% of the state minimum wage);
• Purchase price (fair market value), including non - refundable deposit;
• Transfer of property contingent upon site plan approval and issuance of a
building permit; now, therefore, be it
RESOLVED, That the Common Council does hereby authorize transfer of real property
located at 320 -324 E. Martin Luther King Jr. /E. State Street (tax parcel #69.- 1 -6.2) to
the IURA for the purpose of structuring a proposed purchase and sale agreement to
undertake the in -fill downtown hotel urban renewal project at the 300 Block of E. Martin
Luther King Jr. /E. State Street, which agreement shall be subject to approval by
Common Council following a public hearing, and be it further
RESOLVED, That net proceeds from sale of City -owned land to the Preferred
Developer shall be paid to the City, and be it further
RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to
implement this resolution, including execution of any and all instruments necessary to
transfer title to the IURA and /or execute a leaseback agreement to allow continued City
control of the municipal parking lot until conveyance of the project site to the Preferred
Developer.
Adopted BPW Resolution re: 324 E. MILK Jr. /E. State Street :1
Board of Public Works
August 18, 2014 BACK -UP ITEM 9.1
Recommendation to Transfer City Property to Ithaca Urban Renewal Agency for
Sale of Parcel 69.-l-6.2, 320 -24 East State Street/Martin Luther King Jr. Street —
Resolution
By Commissioner Darling: Seconded by Commissioner Morache
WHEREAS, the City of Ithaca owns parcel 69. -1 -6.2 located at 320 -24 East State
Street/Martin Luther King Jr. Street, and
WHEREAS, Lighthouse Hotels, LLC, has submitted a proposal to develop this parcel
with the construction of a new Hampton Inn & Suites hotel, in conjunction with the
adjacent parcel currently owned by Ithaca Urban Renewal Agency, and
WHEREAS, the Director of Parking has indicated that the parcel is currently being
utilized as a public parking lot, but that the downtown parking garages would be able to
accommodate the additional parking needs, and
WHEREAS, the Superintendent of Public Works has indicated that this parcel is
not required for City public works functions or purposes, and
WHEREAS, continued City ownership of this parcel requires that the City incur
expense for maintenance, without the generation of revenue (e.g. in the form of property
taxes) from it, now therefore be it
RESOLVED, That the Board of Public Works hereby determines that the
aforementioned property is not needed for City of Ithaca public works purposes, and
be it further
RESOLVED, That the Board of Public Works hereby recommends that Common Council
consider transferring ownership of parcel 69. -1 -6.2 to the Ithaca Urban Renewal Agency to
facilitate the sale of this property.
Carried Unanimously
BACK -UP ITEM 9.1
Resolution
IURA
December 20, 2012
Property Disposition, 320 -24 E. MLK, Jr. /E. State Street — Designate Lighthouse Hotels LLC as a
Qualified and Eligible Sponsor
Moved: Rosario, Richardson
Whereas, Lighthouse Hotels, LLC (Lighthouse) has submitted application to be designated a
"qualified and eligible sponsor" (Sponsor) to acquire two parcels located at 320 -324 E. MLK
Jr. /E. State Street, currently utilized as a 32 -space public parking lot (Municipal Parking Lot), and
Whereas, Lighthouse proposes to develop a $16 million, downtown, six - story, 92 -room
Hampton Inn & Suites that is projected to create 33 full -time equivalent employment
opportunities, and
Whereas, Lighthouse proposes wages to employees above the pay ranges paid at other hotels
they operate, with the lowest wages projected at $9.50 /hour, 131% of minimum wage
($7.25/hr.), or about 74% of the local living wage ($12.78/hr.), and
Whereas, the proposed 30,400 square foot (SF) project site includes the following four parcels:
(1) 3,267 SF - tax map #69. -1 -3, 324 E. MLK Jr. /E. State Street, IURA
(2) 8,320 SF - tax map #69. -1 -6.2 at 320 -24 E. MLK Jr. /E. State Street, City of Ithaca
(3) 13,112 SF - tax map #69. -1 -8 at 310 -312 E. MLK Jr. /E. State Street, Daley Enterprises
(4) 5,706 SF - tax map #69. -1 -7 at 314 -320 E. MLK Jr. /E. State, Carey Building Assoc. LLC, and
Whereas, the property sought includes one parcel owned by the Ithaca Urban Renewal Agency
(IURA) and one parcel owned by the City of Ithaca, and
Whereas, the project site is located within the Urban Renewal Project Boundary area, and
Whereas, the Ithaca Urban Renewal Agency (IURA) is only authorized to dispose of property to
a specific buyer if such buyer is designated as an eligible and qualified sponsor (Sponsor) per
section 508 of General Municipal Law and the sale is approved by Common Council, and
Whereas, a proposed Sponsor is evaluated in accordance with adopted IURA land disposition
procedures that seek to determine if the proposed Sponsor is qualified and capable of fulfilling
the objectives of the project for property disposition, and
Whereas, IURA evaluation criteria for Sponsors include:
• Financial status and stability
• Legal qualification to operate in the State of New York and to enter into contracts with
regard to the disposition, use, and development of land in questions
• Previous experience in the financing, use, development and operation of projects of a
similar nature
• Reputation and proof of fair, reputable and ethical business practices and a record
devoid of convictions
Whereas, the primary objective of the Urban Renewal Plan (Plan) is to improve the economic,
social and physical characteristics of the project neighborhood, and
Whereas, one objective of the Plan is "expansion and diversification of the economic base of
the community to provide the employment opportunities needed by its residents and to
strengthen the tax base ", and
Whereas, Hitesh T. Patel, President, and Neil H. Patel, CEO, are the principal members of
Lighthouse and report that Lighthouse, or its affiliates, owns and operates the Hampton Inn
located at 337 Elmira Rd., Ithaca, NY as well as Hampton Inn hotels in Clay, Seneca Falls and
Buffalo (under construction), and
Whereas, a 12/17/12 inspection of City records show that Lighthouse's Ithaca Hampton Inn is
operating in full compliance with all applicable permits and regulations, and is current on all tax
obligations, and
Whereas, Lighthouse's successful record of developing and operating four similar hotels in New
York state, including the Ithaca Hampton Inn, suggests they possess the skills, resources and
capacity to complete the proposed project, and
Whereas, the proposed project has the potential to improve the economic, social and physical
and characteristics of the project neighborhood, and
Whereas, designation of a Sponsor allows the IURA to negotiate terms for a proposed property
disposition that must then be approved by the City of Ithaca Common Council following a public
hearing on the proposed terms of the disposition, and
Whereas, the IURA Economic Development Committee considered this matter at their
December 18, 2012 meeting and recommended the following; now, therefore, be it
1. RESOLVED, that the IURA hereby determines that Lighthouse Hotels LLC has satisfactorily
demonstrated its qualifications and capacity to successfully undertake a project to develop
an appropriate in -fill urban hotel project located along the northern side of the 300 block of
E. MLK Jr. /E. State Street, and therefore designates the aforementioned entity as a
"qualified and eligible sponsor" eligible to acquire tax parcels #69 -1 -3 and #69.4-6.2, and
be it further,
2. RESOLVED, that the IURA hereby recommends that the Common Council and Board of
Public Works make the City -owned tax parcel #69. -1 -6.2 available for redevelopment and
2
approve transfer of the parcel to the IURA for the purpose of structuring a proposed sale for
consideration by the Common Council, and be it further
3. RESOLVED, that the IIJRA hereby authorizes acceptance of tax parcel #69.-1-6.2 upon
Common Council authorization of transfer of the parcel, and be it further
4. RESOLVED, that the IURA Chairperson, subject to review by IURA legal counsel, is
authorized to execute a 90-day exclusive negotiating agreement with the Sponsor for the
purpose of structuring a proposed purchase and sale agreement to convey tax parcels #69.-
1.3 and #69.4-6.2 to the Sponsor to undertake an urban renewal project, and be it further
5. RESOLVED, any proposed purchase and sale agreement shall be subject to approval by both
the IURA and the Common Council, and be it further
6. RESOLVED, the IURA identifies the following issues to be included in negotiations with the
Sponsor:
• Price (fair market value), including non-refundable deposit
• urban design, especially ground level streetscape on E. M LK Jr./E. State Street
• exploration to retain the Carey building to be incorporated into the project
rather than demolished
• potential responses to mitigate loss of public parking to adjacent enterprises
• potential responses to mitigate any business dislocation caused by the project
translating wage and job creation projections to wage and job commitments
• transfer of property contingent upon site plan approval and issuance of a
building permit
Voting Aye:
Darrell, Myrick, Richardson, Rosario
Voting No:
None
Absent:
Graham
1, Nets Bohn, Director of Community DeveLopment of the Ithaca Urban Renewal Agency, do hereby
certify that the foregoing resolution is a true and exact copy of a resolution duty adopted by the Ithaca
Urban Renewal Agency at a meeting held on December 20, 2012,and that the same Is a complete copy
of the whole of such resolution.
IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate Seat of the Ithaca Urban
Renewal Agency, this grad day of January, 2013.
bets �hn,
k"
Director of Community Development
Ithaca Urban Renewal Agency
9
IURA Adopted Resolution re: 324 E. MLFUE. State Street
i
Adopted Resolution
Ithaca Urban Renewal Agency BACK -UP ITEM 9.1
June 26, 2014
Property Disposition — 320 -324 E. M.L.K., Jr. /E. State St. — Designate Lighthouse Hotels, LLC
as Qualified & Eligible Sponsor for Urban Renewal Project
1. WHEREAS, Lighthouse Hotels, LLC (Lighthouse) submitted a revised application on June 3, 2014
to be designated a "qualified and eligible sponsor" (Sponsor) to acquire two parcels located at
320 -324 E. MLK Jr. /E. State Street, currently utilized as a 32 -space public parking lot (Municipal
Parking Lot), and
2. WHEREAS, a 2012 application was recommended for conditional approval by the Ithaca Urban
Renewal Agency (IURA) subject to satisfactory resolution of the following issues during
negotiations:
• Price (fair market value), including non - refundable deposit
• urban design, especially ground level streetscape on E. MLK Jr. /E. State Street
• exploration to retain the Carey building to be incorporated into the project rather
than demolished
• potential responses to mitigate loss of public parking to adjacent enterprises
• potential responses to mitigate any business dislocation caused by the project
• translating wage and job creation projections to wage and job commitments
• transfer of property contingent upon site plan approval and issuance of a building
permit, and
3. WHEREAS, the 2012 application failed to gain Common Council support due in part to the
proposed demolition of the Carey Building and concerns about urban design of the building and
dislocation of businesses, and
4. WHEREAS, Lighthouse has revised their project and now propose to develop a $19 million,
downtown, six - story, 120 -room Hampton Inn & Suites on a modified project site located
adjacent to the Carey Building, and
S. WHEREAS, the approximately 22,500 square feet (SF) proposed project site includes the
following three parcels:
(1) 3,267 SF - tax map #69.4-3, 324 E. MLK Jr. /E. State Street, IURA
(2) 8,320 SF - tax map #69. -1 -6.2 at 320 -24 E. MLK Jr. /E. State Street, City of Ithaca
(3) 10,950 SF – p/o tax map #69. -1 -8 at 310 -312 E. MLK Jr. /E. State Street, Daley
Enterprises, and
6. WHEREAS, an executed purchase agreement for 310 -312 E. MLK Jr. /E. State Street has been
submitted, and
7. WHEREAS, the entire revised project site is currently used for surface parking and does not
include the Carey building parcel, and
8. WHEREAS, the revised project will not result in any business dislocation and will include a new
ground level restaurant lease space fronting on Seneca Way, and
9. WHEREAS, the project site includes one parcel owned by the Ithaca Urban Renewal Agency
(IURA) and one parcel owned by the City of Ithaca for which the developer has agreed in
concept to purchase at fair market value, and
10. WHEREAS, the project is projected to create approximately 33 full -time equivalent employment
opportunities, and
11. WHEREAS, Lighthouse proposes wages to employees above the pay ranges paid at other hotels
they operate, with the lowest wages set at $9.75 /hour (2.5% CPI increase since 2012 proposal),
which is equal to 122% of minimum wage ($8.00 /hr.), or about 75% of the local living wage
($12.62/hr. with employer paid health insurance), and
12. WHEREAS, at least eleven (11) full -time employees will be paid at least a living wage, and
13. WHEREAS, the project is projected to be assessed at over $8,000,000 (assumed $68K /room), a
net taxable increase of $7,760,000, thereby generating the following estimated annual stream
of local municipal revenues (52% occupancy rate assumed):
$102,000 City property taxes ($13.12/$1,000)
$54,000 County property taxes ($6.90/$1,000)
$133,000 School property taxes ($17.185/$1,000)
$20,000 Business Improvement District ($2.624/$1,000)
$159,000 County hotel room occupancy tax (5% @ $72.80 RevPAR x 120 rms.)
$64,000 City sales tax (2 %)
$532,000
14. WHEREAS, the project will result in elimination of parking revenue generated from the
municipal surface parking lot, but create new parking demand in nearby municipal parking
garages for hotel guest parking, and
15. WHEREAS, the proposed exterior facade materials of the hotel include stone veneer, brick
veneer, metal, glass, metal panel and cementious (stucco -like) siding, also known as Exterior
Insulation Finishing System (EIFS), and
16. WHEREAS, the project site is located within the Urban Renewal Project Boundary area and is an
appropriate location for a hotel, and
17. WHEREAS, the IURA is only authorized to sell property to a specific buyer if such buyer is
designated as an eligible and qualified sponsor (Sponsor) per section 508 of General Municipal
Law and the sale is approved by Common Council, and
18. WHEREAS, a proposed Sponsor is evaluated in accordance with adopted IURA land disposition
procedures that seek to determine if the proposed Sponsor is qualified and capable of fulfilling
the objectives of the project for property disposition, and
19. WHEREAS, IURA evaluation criteria for Sponsors include:
• Financial status and stability
• Legal qualification to operate in the State of New York and to enter into contracts with
regard to the disposition, use, and development of land in questions
• Previous experience in the financing, use, development and operation of projects of a
similar nature
• Reputation and proof of fair, reputable and ethical business practices and a record
devoid of convictions
2
20. WHEREAS, the primary objective of the Urban Renewal Plan (Plan) is to improve the economic,
social and physical characteristics of the project neighborhood, and
21. WHEREAS, one objective of the Plan is "expansion and diversification of the economic base of
the community to provide the employment opportunities needed by its residents and to
strengthen the tax base ", and
22. WHEREAS, Hitesh T. Patel, President, and Neil H. Patel, CEO, are the principal members of
Lighthouse and report that Lighthouse, or its affiliates, owns and operates the Hampton Inn
located at 337 Elmira Rd., Ithaca, NY as well as Hampton Inn hotels in Clay, Seneca Falls and
Buffalo, and
23. WHEREAS, a 6/10/14 inspection of City records show that Lighthouse's Ithaca Hampton Inn is
operating in full compliance with all applicable permits and regulations, and is current on all tax
obligations, and
24. WHEREAS, Lighthouse's successful record of developing and operating four similar hotels in
New York state, including the Ithaca Hampton Inn, demonstrates they possess the skills,
resources and capacity to complete the proposed project, and
25. WHEREAS, the proposed project has potential to improve the economic, social and physical and
characteristics of the project neighborhood, and
26. WHEREAS, designation of a Sponsor allows the IURA to negotiate terms for a proposed
property disposition that must then be approved by the City of Ithaca Common Council
following a public hearing on the proposed terms of the disposition, and
27. WHEREAS, the IURA Economic Development Committee considered this matter at their June
10, 2014 meeting and recommended the following; now, therefore, be it
1. RESOLVED, the IURA hereby finds that Lighthouse Hotels LLC satisfies IURA sponsor criteria -
including qualifications, capacity and experience - to be designated a "qualified and eligible
sponsor" to undertake an urban renewal project to undertake an in -fill urban hotel project on
the 300 block of E. MLK Jr. /E. State Street, and be it further
2. RESOLVED, the IURA hereby finds that to ensure the proposed Hampton Inn & Suites project
will satisfy IURA criteria that an urban renewal project improve the economic, social and
physical characteristics of the project area, the IURA requires the following:
A. Urban Design — exterior building facade materials are a key component of exterior
building design and the choice of appropriate materials is integral to the creation of new
buildings that positively influence the surrounding neighborhood that includes two
historic districts. Therefore, the following exterior building fagade materials shall be
prohibited on facades visible from public streets unless the Planning Board finds such
materials enhance the design of the building:
• EIFS (Exterior Insulation & Finishing System), such as "dryvit" or other
cementitious, stucco -like finishes
• Concrete masonry units;
B. Job Creation —commit to create at least 33 full -time equivalent jobs and provide proof of
job creation to the IURA;
C. Wages — commit to pay all employees in the housekeeping department at least
$9.75 /hour and further commit to pay a minimum of 11 full -time hotels employees at
3
least a living wage (currently $12.62 w /employer sponsored health insurance benefits or
$13.94 w/o health benefits);
D. Site Control — the executed purchase agreement for 310 -312 E. MILK Jr. /E. State Street be
submitted no later than June 25, 2014, and be it further
3. RESOLVED, subject to satisfaction of the above conditions, the IURA hereby designates
Lighthouse Hotels LLC as a "qualified and eligible sponsor" (Sponsor) eligible to acquire tax
parcels #69 -1 -3 and #69. -1 -6.2 through negotiations for the purpose of undertaking an urban
renewal project to develop an in -fill urban hotel project located at the 300 block of E. MLK Jr. /E.
State Street; and be it further,
4. RESOLVED, the IURA identifies the following issues to be included in negotiations with the
Sponsor to acquire the project site:
• Accommodations to mitigate loss of public parking to adjacent enterprises;
• Participation in IURA- sponsored job training and job placement programs, such as
the Hospitality Employment Training Program;
• The appropriate mechanism to ensure that the enhanced wages to be paid to all
employees in the housekeeping department is maintained at a dynamic level in the
future (e.g., indexed to 120% of the state minimum wage);
• Purchase price (fair market value), including non - refundable deposit;
• Transfer of property contingent upon site plan approval and issuance of a building
permit; and be it further
S. RESOLVED, that the IURA hereby recommends that the Common Council and Board of Public
Works make the City -owned portion of the parking lot (tax parcel #69.- 1 -6.2) available for
redevelopment and approve transfer of the parcel to the IURA for the purpose of structuring a
proposed sale for consideration by the Common Council, and be it further
6. RESOLVED, that the IURA hereby authorizes acceptance of tax parcel #69. -1 -6.2 upon Common
Council authorization of transfer of the parcel, and be it further
7. RESOLVED, that the IURA Chairperson, subject to review by IURA legal counsel, is authorized to
execute a 90 -day exclusive negotiating agreement with the Sponsor for the purpose of
structuring a proposed purchase and sale agreement to convey tax parcels #69. -1 -3 and #69. -1-
6.2 to the Sponsor to undertake an urban renewal project, and be it further
8. RESOLVED, any proposed purchase and sale agreement shall be subject to approval by both the
IURA and the Common Council.
Carried Unanimously 5 -0
jAcommunity development \dispositions\324 east state street \reso iura lighhouse hotels - adopted 6- 26- 14.doc
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MAP RE
1.)"SU,V MAP OF HEWRT PROPERtt.." BY TG. MILLER P.C. AND
DATED OCTOBER S. 1968 AMENDED JUNE 11 1969.
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512583
9.2 Proposed Policy to Increase the Use of Bicycle and Foot Patrols by the
Ithaca Police Department - Resolution
WHEREAS, the Bicycle Pedestrian Advisory Council passed a resolution to encourage
the continuation and increased use of bicycle and foot patrols by the Ithaca Police
Department, and
WHEREAS, the Ithaca Police Department officers who choose to complete training and
work on bike patrol are an additional asset to the community; and
WHEREAS, these officers on bicycles are much more visible and accessible to the
public including general communication and establishing rapport with the community, a
method which may be useful in improving community - police relations; and
WHEREAS, compared to motor vehicle patrols, bicycle or foot patrols reduce the
amount of fossil fuels burned and save the department money; and
WHEREAS, the officers on bicycles are making an additional commitment to their
physical condition and strength through this choice; and
WHEREAS, bicycle officers are able to patrol areas that are less accessible or are
inaccessible to motor vehicles while simultaneously able to move more quickly than
officers on foot patrol; and
WHEREAS, Common Council recognizes the importance of encouraging officers to
work the bicycle and foot patrol shifts, and
WHEREAS a City of Ithaca Police Department Bike Patrol Policy is in development as
part of the department's accreditation process; now, therefore be it
RESOLVED, That Common Council hereby supports and encourages the use of bicycle
and foot patrols by the Ithaca Police Department.
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled "Zoning," Article IV, Section 325 -12, in Order to Make Minor Non
Substantive Changes Regarding the Common Council Approval Process for
Planned Unit Developments (PUDs)
WHEREAS, on July 2, 2014, the Common Council adopted legislation allowing for the
City to establish Planned Unit Development districts on any property in the City currently
zoned for industrial uses, and
WHEREAS, the adopted Planned Unit Development Ordinance contained language that
would require the Planning Board to serve as lead agency on the associated
environmental review and require a project to receive a negative declaration of
environmental significance in order to be considered eligible for a Planned Unit
development, and
WHEREAS, a proposed project may complete its environmental review even if it
receives a positive declaration of environmental significance as long as it is able to
adequately mitigate the environmental impacts, and
WHEREAS, the Planning Board may not serve as lead agency in all instances,
because, for example, Common Council could choose to serve as lead agency, and
WHEREAS, in order to allow for these projects to be eligible for planned unit
developments, the language of the ordinance must be amended to allow for projects
that have adequately completed environmental review, so that the project can progress
through construction, to be considered by the Common Council for PUD approval; now
therefore
ORDINANCE NO. 2014 -.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Article IV, Section 325 -12 of the Municipal Code of the City of Ithaca be
amended as follows:
Section 1: Chapter §325- 12.G.[8], [9], [11], and [12] shall be deleted in their entirety
and replaced, respectively, with:
[8.] Site Plan Review Application - Applicant submits a
site plan review application. The Planning Board commences
the environmental review process in compliance with the State
Environmental Quality Review Act (SEQRA) and the City
Environmental Quality Review Ordinance (CEQRA) and
conducts the normal site plan review process. To the extent that
the Planning Board declares its intent to be the lead agency for
the environmental review of the project and the PUD, the
Planning Board notifies all other involved agencies including the
Common Council.
[9.] RESERVED.
[11.] RESERVED.
[12.] Common Council Consideration of the PUD - When
and if the Planning Board has completed its environmental
review of the project to the extent required under SEQRA and
CEQRA and has issued a contingent site plan approval, the
project will return to the Common Council for final consideration
of the adoption of the PUD. Final Council approval, if any, shall
be granted via ordinance.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
CITY OF ITHACA
108 E. Green St. — 3rd Floor Ithaca, NY 14850 -5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
JOANN CORNISH. DIRECTOR OF PLANNING, BUILDING, ZONING, & ECONOMIC & DEVELOPMENT
PIIYLLISA A. DeSARNO. DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Tel: Planning & Econ. Develop. Division - 607-274-65501 Community Development / /URA 607- 274 -6559
E -Mail: dgrunder(ri- ,,cityofithaca.org E -Mail: iuraig city ofthaca.org
Fax: 607 - 274 -6558 Fax: 607 -274 -6558
To: Common Council BACK -UP ITEM 10.1
From: Jennifer Kusznir, Economic Development Planner
Date: September 5, 2014
RE: City of Ithaca Planned Unit Development (PUD) Amendment - Minor Non - substantive
The purpose of this memo is to provide information regarding a proposal to amend Chapter 325 -12 of the
Municipal code in order to make a minor non - substantive change regarding the Common Council approval
process for Planned Unit Developments (PUDs).
On July 2, 2014, the Common Council adopted legislation allowing for the City to establish Planned Unit
Development districts on any property in the City currently zoned for industrial uses. In that ordinance the
language stated that the Common Council approval could not happen until after a project receives a negative
declaration for environmental significance. The intent when drafting this legislation was to allow for projects to
move forward once they have fully undergone environmental review and have received site plan approval.
Projects may receive a positive declaration of environmental significance and still be eligible for site plan
approval as long as the environmental impacts are addressed and adequate mitigation measures are put into
place.
Enclosed for your consideration is a draft ordinance to revise Chapter 325 -12 in order to correct this language.
This change is considered to be a minor non- substantive change and can be adopted without further
environmental review. If you have questions or require additional information, please feel free to contact me at
lenni ferk!c?�cityofithaca.ora.
10.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
entitled "Zonina ", Section 325 -3, entitled, "Definitions and word usage" to add
clarifying lanauaae to the definitions of "Building ", "Buildina Area ", and
"Structure"
A. Declaration of Lead Agency for Environmental Review - Resolution
WHEREAS, State Law and Section 176 -6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an "Unlisted" Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead
agency for the environmental review of the adoption of an ordinance to amend the
Municipal Zoning Code in order to correct inconsistencies pertaining to maximum
percentage of lot coverage.
B. Determination of Environmental Significance - Resolution
WHEREAS, State Law and Section 176 -6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an "Unlisted" Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead
agency for the environmental review of the adoption of an ordinance to amend the
Municipal Zoning Code in order to correct inconsistencies pertaining to maximum
percentage of lot coverage.
C. Adoption of Ordinance
ORDINANCE NO. 2014-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, of the Municipal Code of the City of Ithaca, entitled "Zoning ", be amended
as follows:
Section 1. Chapter 325 entitled "Zoning ", Section 325 -3, entitled, "Definitions and word
usage" is hereby amended to add additional clarifying language to the definitions of
"Building ", "Building area ", and "Structure" to read as follows:
"Building" - Any structure wholly or partially enclosed within exterior walls or within
exterior and /or party walls and a roof, affording shelter to persons, animals, or property,
including porches. (See "structure ".)
"Building Area" — The total area (taken on a horizontal plane at the main grade level)
of the principal building and all accessory buildings, including porches, attached or free
standing decks, balconies projecting more than two feet from a building or structure,
ramps, and /or landings. The total building area shall be used for determining required
yards and maximum percentage of allowed lot coverage but shall not include parking
areas and as rking spaces. Pergolas, and terraces and patios shall be exempt from total
lot coverage requirements. However, neither pergolas or terraces and patios above
grade shall be located in a required yard.
"Structure" — Anything constructed or erected on the ground or is attached to another
structure or building. Structures shall not include patios or terraces.
Section 2. Chapter 325 entitled "Zoning ", Section 325 -3, entitled, "Definitions and word
usage" is hereby amended to add the following new definitions for "Deck ", "Pergola ",
"Porch ", and "Terrace or Patio ":
"Deck " - A "structure" freestanding or attached to a building or an above ground
swimming pool, consisting of one or more planes constructed of wood, metal, and /or
other materials including a support system of footings and foundation walls and /or,
piers, pilasters, columns, and posts, joists, beams, stringers, floor boards, and /or similar
structural members, and including, any open enclosure, ramps, and /or landings and
other devices connecting one level with another, with the ground and /or an adjoining
structure and, if required by building code, balusters and railings.
"Pergola " - An arbor or passageway for climbing plants with an overhead frame
supporting open lattice work.
"Porch " - A structure projecting from the wall or walls of a building, with a roof, that may
be open to weather or wholly or partially enclosed with walls. A porch shall be deemed
part of the building.
"Terrace or patio " -. A level plane or surfaced patio that is less than 18 inches above
grade, without a roof, and not supported by any permanent structure. Terraces and
patios above grade shall not encroach into required yards.
Section 3. Chapter 325 entitled "Zoning ", Section 325- 8A.(10) "Column (10): Maximum
Percentage of Lot Coverage by Buildings ", be amended to read as follows:
On a lot hereafter used, no greater percentage of total lot area may be covered by
principal and accessory buildings above ground. For this purpose, the area covered by
principal and accessory buildings shall include all porches, attached or freestanding
decks, balconies projecting more than two feet from a building or structure, ramps,
and /or landings. This sum, divided by the total lot area, shall not exceed the maximum
allowed percentage of lot coverage specified in this column.
Section 4. Chapter 325 entitled "Zoning ", Section 325 -18, entitled "Yard regulations" is
hereby amended to add clarifying language to section 325 -18A., entitled "Porches ", to
read as follows:
Section 325 -18A. Porches and structures.
All porches, attached or freestanding decks, balconies projecting more than two feet
from a building or structure, ramps, and /or landings shall be considered a part of the
building in both the determination of required yards and lot coverage.
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.
CITY OF ITHACA
109 F. Green Street — 3rd Floor Ithaca, New York 14850 -5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPME N l
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607 - 274 -6550 Community Development /IURA – 607 - 274 -6559
Email: dgrunder @cityofithaca.org Email: iura @cityofithaca.org
Fax: 607 - 274 -6558 Fax: 607 - 274 -6558
To: Common Council
Svante Myrick, Mayor
Julie Holcomb, City Clerk
Aaron Lavine, City Attorney
Board of Zoning Appeals (BZA)
Planning & Development Board
Conservation Advisory Council (CAC)
Rental Housing Advisory Commission (RHAC)
Michael Thorne, Superintendent of Public Works
JoAnn Cornish, Director of Planning and Development
Mike Niechwiadowicz, Director of Code Enforcement
Edward Marx, Tompkins County Commissioner of Planning
From: Phyllis Radke, Director of Zoning Administration
Date: August 27, 2014
BACK -UP ITEM 10.2
RE: Proposed Amendment to Zoning Ordinance: Percentage of Lot Coverage
The purpose of this memo is to provide information regarding a proposal to amend the City
Zoning Ordinance so that the area of deck(s), balconies projecting more than two feet from the
face of a building, ramps, and landings, in addition to buildings and accessory structures, is
included in determining the maximum percentage of lot coverage, a District Regulation
requirement.
In connection with a proposed project, a design professional raised the issue of whether outdoor,
uncovered decks, balconies projecting more than two feet from the face of a building, ramps, and
landings, in addition to buildings and accessory structures, are included in determining the
maximum percentage of lot coverage.
"Maximum percentage of lot coverage" is one of 15 different district regulations that must be
reviewed for compliance before a Building Permit can be issued — however, the regulations in
our current Zoning Ordinance are vague, if not silent, about what should be included in the
maximum percentage of lot coverage calculation. For example, our Ordinance does not have a
definition for a "deck" or "porch;" however, Section 325 -18 A. was specifically added to the
Ordinance to specify that "open or enclosed porch(es)" must be included in the determination for
maximum percentage of lot coverage. Because decks, like porches, are structural platforms
connected to a building, the addition of a deck has been considered part of the maximum
percentage of allowable lot coverage since at least the 1980s by City zoning officials.
From time to time, inconsistent language or archaic definitions or regulations can raise
uncertainty about the enforcement of a zoning regulation until the language is corrected or
updated. Our Ordinance was rewritten in 1974 and 1977, and has been frequently amended since
1977, but many definitions and regulations were retained from previous City Ordinances,
including the 1950 and 1961 Zoning Ordinances. As a result, the meaning of current regulations
may rely on a definition originally created for an earlier Ordinance within a different context.
This can lead to conflicting interpretations regarding the meaning and intent of our current
regulations. The Zoning Ordinance's need for updated regulations that address facets of
contemporary land use is also a contributing factor to this enforcement issue.
Since the current Zoning Ordinance does not adequately address these structures, an amendment
is needed to ensure the continuation of our previous interpretations. If not included in the
maximum percentage of lot coverage calculation, the construction of deck additions, balconies
projecting more than two feet from the face of a building, ramps, and landings will lead to both
diminished green space and pervious ground. Furthermore, if we do not control the extent these
structures can cover a lot through the maximum percentage of lot coverage requirement, we risk
losing the intended balance, established by the Zoning Ordinance, between required lot size and
total building area.
Therefore, in collaboration with the City Attorney's Office, I have attached proposed changes to
the Zoning Ordinance that, if adopted by Common Council, will require the area of a deck,
balconies projecting more than two feet from the face of a building, ramps, and landings to be
part of the maximum percentage of lot coverage calculation.
An environmental review of this action has been completed and the draft short environmental
review form is enclosed, along with the draft ordinance. A Public Hearing for this action will be
held on September 10, 2014. Your comments are respectfully requested prior to that meeting. If
you have any questions, please feel free to contact me at 274 -6550. Thanks so much.
2
BACK -UP ITEM 10.2
t CITY OF ITIIACA SHORT ENVIRONMENTAL. ASSESSMENT FORM (SEAF)
project information
(to be completed by applicant or project sponsor)
SHORT ENVIRONMENTAL ASSESSMENT FORM
pan 1
To Be Completed By Staff
—pions in this Short Environmental Assessment Form (SEAF), the preparer is to use
currentl • avoilabk- information concernin the project and the like! y impacts of me acuon.
Yes No
1. Will project result in a large phvsieal change to the project site or physically alter
e X
nwrc than one acre of land?
2. Will there be a change to any unique or unusual land form found on the site or to any
e X
site designated a unique natural area or critical environmental area by a local or state
agency?
3. Will the project alter or have any effect on an existing waterway?
u X
4. Will the project have an impact on groundwater quality?
❑ X
5. Will the project affect drainage flow on adjacent sites?
r7 X
6. Will the project affect any threatened or endangered plant or animal species?
❑ X
7. Will the project result in an adverse effect on air quality?
-• X
S. Will the project have an effect on visual character ofthe community or scenic views
D X
or vistas known to be important to the community:
9. Will the project adversely impact any site or structure of'historic, pre - historic, or
❑ X
paleontological importance or any site designated a local landmark or in a landmark
district?
10. Will the project have an effect on existing or future recreational opportunities?
❑ X
11. Will the project result in traffic problems or cause a major effect to existing
❑ X
transportation systems?
12. Will the project cause objectionable odors, noise, glare. vibration. or electrical
❑ X
disturbance as a result of the projects operation during construction or after
completion?
13. Will the project have any impact on public health or safety?
0 X
14. Will the project affect the existing community by directly causing a growth in
❑ X
permanent populations of more than 5 percent over a one -year period OR have a
negative effect on the character of the community or neighborhood?
15. Is
EM
If any question has been answered YES, a com leted Full Environmental Assessment Form (FEAT) is
necessary.
DATE: $-26 -14-
PREPAREWS SIGN ' R1 :
PREPARBR'S TITLE:
REPRESENTING: It' t
10.3 Community Investment Incentive Tax Abatement Program (CIITAP)
Amendments — Resolution
WHEREAS, the Community Investment Incentive Tax Abatement Program (CIITAP)
provides financial incentives through the Tompkins County Industrial Development
Agency (IDA) to encourage appropriate real estate and business investment in the core
areas of the City and redevelopment of environmentally contaminated sites, and
WHEREAS, the CIITAP program requires a two -step application process whereby
applications must first satisfy minimum City of Ithaca eligibility requirements to advance
for consideration by the IDA, and
WHEREAS, there are currently three eligibility criteria for a CIITAP application to be
approved by the City for IDA consideration:
1. Project size — project will increase the assessed value of property by at least
$500,000;
2. Project density — project will contain a minimum of 3 stories or constitute a major
restoration of an existing building; and
3. Project location — project is located within the Density District or includes a DEC -
listed inactive hazardous waste site, and
WHEREAS, a CIITAP applicant who is delinquent on taxes, assessments, fees or
penalties due to the City or owns one or more properties with one or more violations of
local laws or regulations should not be eligible for special assistance through the
CIITAP program until the applicant and all properties owned by the applicant come into
compliance, and
WHEREAS, requiring a CIITAP applicant to remedy existing violations or delinquencies
as a condition of eligibility may eliminate violations and bring properties into voluntary
compliance without expending enforcement resources; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby amends its Community
Investment Incentive Tax Abatement Program policy to include the following fourth
eligibility criteria:
4. Municipal compliance — each property in the City of Ithaca owned by the
Applicant must be in full compliance with all applicable local laws and
regulations, consent agreements, and orders of the Director of Code
Enforcement, and current on all taxes, assessments, fees and penalties due to
the City, and be it further
RESOLVED, for the purposes of the CIITAP municipal compliance requirement, the
Applicant shall be deemed to include the following, whether they are natural persons,
business entities, or other forms of organization:
• For a sole proprietorship, the sole proprietor;
• For a Limited Liability Corporation (LLC), all members owning 20% or more of
the entity;
For a partnership, all general partners and all limited partners owning 20% or
more of the equity of the firm; and
For a corporation, all owners of 20% or more of the corporation and each
officer and director; and be it further
RESOLVED, for the purposes of the CIITAP municipal compliance requirement,
properties owned by the Applicant in the City of Ithaca shall include any property for
which an Applicant has an ownership interest of 20% or more.
14. MAYOR'S APPOINTMENTS:
14.1 Bicycle Pedestrian Advisory Council — Resolution
RESOLVED, That David West be appointed to the Bicycle Pedestrian Advisory Council
to fill a vacancy with a term to expire December 31, 2017.