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HomeMy WebLinkAbout01-11-12 Planning & EDC Meeting Agenda MEETING NOTICE City of Ithaca Planning & Economic Development Committee NOTE NEW DATE AND EARLIER START TIME Wednesday, January 11, 2012 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street A. Agenda Review B. Special Order of Business C. Public Comment and Response from Committee Members D. Announcements, Updates and Reports 1. Workforce Diversity Report – Building Department 2. Update on Projects a. Commons Upgrade and Repair b. Comprehensive Plan c. Dredging 3. Intermunicipal Planning Update E. Action Items 1. Divesting of City Property – impacts on planning and non-public works needs (memo and resolutions enclosed) a. Parcel 93.-7-3 (213 West Spencer Street) b. Parcel 93.-7-5.1 (215 West Spencer Street) c. Parcel 122.-2-1 (321 Elmira Road) d. Parcel 100.-2-1.2 (south end of Cherry Street) 2. Amendment to Landmarks Ordinance (concept memo, lead agency resolution, SEAF, SEQR resolution, two (2) ordinances (Chapter 73 and 272), and Tompkins County GML review response enclosed) 3. Response to Hydrofracking – Amendment to Industrial Zone – Approval to Circulate (two (2) memos enclosed, one (1) to be distributed under separate cover) F. Discussion Items 1. 2012 Planning Committee Priorities (Aug. 9, 2011 version of Planning Dept. Workplan, to inform discussion) G. Approval of Minutes H. Adjournment Questions about the agenda should be directed to Jennifer Dotson, Chairperson, (jdotson@cityofithaca.org or 351-5458) or to the appropriate staff person at the Department of Planning & Development (274-6550). Back-up material is available in the office of the Department of Planning & Development. Please note that the order of agenda items is tentative and subject to change. 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, January 10, 2012. Resolution: Parcel 68.-2-9.2 Whereas, the City of Ithaca owns parcel 68.-2-9.2 located on the south side of the 700 block of East Seneca Street, and Whereas, the aforementioned parcel was obtained by the City as an opportunity to acquire green space, and Whereas, the Superintendent of Public Works has indicated the parcel is not currently used for City public works functions or purposes, and that the Superintendent does not anticipate a need to use this parcel for any such purpose in the foreseeable future, 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 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 the Common Council consider sale of parcel 68.-2-9.2, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose. 700 block East Seneca Street, Tax parcel 68.-2-9.2 This 0.17 acre parcel was acquired by the City in 1982. The parcel is zoned R-3A. The assessed value of the land is $50,000. The parcel has remnants of a sidewalk and play structure once part of the school. The sidewalk runs from the North West corner of the property to the center of the property where it ends in an abrupt drop. The antiquated playground equipment constitutes an attractive nuisance and has not apparently been maintained in decades. The East side of the property has some mature trees. The West side of the property is used for parking by the neighboring property without permission. The parcel is abutted by multi-unit residential structures on similarly sized parcels. 705 East Seneca Street has an assessed value of $400,000 which generates approximately $5000 in property taxes. Revised 11/17/11, tww Resolution: Parcel 93.-7-3 Whereas, the City of Ithaca owns parcel 93.-7-3 located at 213 West Spencer Street, and Whereas, the aforementioned parcel was obtained by the City with the intention of widening West Spencer Street to accommodate two-way vehicular traffic, and Whereas, the Superintendent of Public Works has indicated the remainder of the parcel is not currently used for City public works functions or purposes, and that the Superintendent does not anticipate a need to use this parcel for any such purpose in the foreseeable future, 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 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 the Common Council consider sale of parcel 93.-7-3, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose. Resolution: Parcel 93.-7-5.1 Whereas, the City of Ithaca owns parcel 93.-7-5.1 located at 215 West Spencer Street, and Whereas, the aforementioned parcel was obtained by the City with the intention of widening West Spencer Street to accommodate two-way vehicular traffic, and Whereas, the Superintendent of Public Works has indicated the remainder of the parcel is not currently used for City public works functions or purposes, and that the Superintendent does not anticipate a need to use this parcel for any such purpose in the foreseeable future, 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 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 the Common Council consider sale of parcel 93.-7-5.1, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose. 213 West Spencer Street, 215 West Spencer Street; Tax parcels 93.-7-3, 93.-7-5.1 These two properties are 0.47 acre acquired by the City for widening West Spencer Street to two lanes. The parcels are zoned R-3b. The combined assessed value is $124,000. Prior to acquisition by the City the smaller parcel had a single family wood frame residence and the larger parcel had a 12 unit wood frame apartment building. The parcels have street frontage on West Spencer Street as well as South Cayuga Street. Although the property has a dramatic elevation difference from Spencer to Cayuga this did not preclude its earlier uses. 220 West Spencer has a multi-unit residential structure on a 0.21 acre parcel. It has an assessed value of $350,000 which generates approximately $4,000 in property taxes. Update: The Board of Public Works determined that these properties are not needed for City of Ithaca public works purposes on November 9, 2011. The City has already received inquires regarding purchase of these properties. Revised 11/17/11, tww Resolution: Parcel 122.-2-1 Whereas, the City of Ithaca owns parcel 122.-2-1 located at 321 Elmira Road, and Whereas, the aforementioned parcel was obtained by the City with the intention of operating a sewage pump station, and Whereas, the Superintendent of Public Works has indicated the parcel is no longer used for City public works functions or purposes, and that the Superintendent does not anticipate a need to use this parcel for any such purpose in the foreseeable future, 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 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 the Common Council consider sale of parcel 122.-2-1, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose. 321 Elmira Road, Tax Parcel 122.-2-1 This 0.4 acre parcel is situated on the south side of Elmira Road between Friendly’s Restaurant and the Honda dealership. The parcel has an assessed value of $189,000. The small brick sewage pump station on this parcel was recently de-commissioned. The parcel has a curb cut on Elmira Road. There is a drainage ditch on the north side of the property. Update: The Board of Public Works determined that this property is not needed for City of Ithaca public works purposes on November 15, 2011. Revised 11/17/11, tww Resolution: Parcel 100.-2-1.2 Whereas, the City of Ithaca owns parcel 100.-2-1.2 located at the south end of Cherry Street, and Whereas, the aforementioned parcel was obtained by the City with the intention of expanding the Cherry Street Industrial Park, and Whereas, the Superintendent of Public Works recommends reserving a 40 foot wide temporary (construction) easement and a concurrent 20 foot wide permanent easement for extension of utilities, and Whereas, the southerly portion of parcel 100.-2-1.2 contains two designated wetlands of 0.45 acre and 0.32 acre, and Whereas, the Superintendent of Public Works recommends reserving a twenty foot wide easement for the purpose of extending a pedestrian path, concurrent with the aforementioned utility easements, and Whereas, the Superintendent of Public Works has indicated that, with the aforementioned exceptions, the parcel is no longer used for City public works functions or purposes, and that the Superintendent does not anticipate a need to use this parcel for any such purpose in the foreseeable future, 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 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 the Common Council consider sale of approximately 6 acres of the northerly portion of parcel 122.-2-1, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose. Cherry Street, Tax Parcel 100.-2-1.2 The parcel at the end of Cherry Street contains 8.25 acres and is assessed at $825,000. The property is bounded on the east by railroad property and on the west by lands abutting Cayuga Inlet. This wooded parcel is generally flat. The southerly end of the property contains two designated wetlands of 0.45 acre and 0.32 acre. The neighboring 2.88 acre parcel at 240 Cherry Street has a land assessment of $253,000 with a total assessment of $1,290,000; this generates over $16,000 in property tax annually. The site could be sub-divided into two parcels. Approximately 6 acres at the north end of the property would provide a very attractive development parcel consistent with the current industrial zoning designation. By sub-dividing the north portion as a single parcel the City would have no obligation to extend the street or utilities beyond the end of the current street. The City can retain easements along one or more of the development parcel boundaries to complete the loop of water mains in the southern part of the City (this is an ongoing, funded capital project). The remaining acrerage at the south end of the property could encompass the two larger wetlands. The City could also establish easements along one or more of the development parcel boundaries concurrent with the water main easements to provide public access to the wetlands without reducing the useful area of the development parcel. Revised 11/18/11, tww wetland 0.45 acre wetland 0.32 acre 5.7 Acre Parcel F L O O D C O N T R O L C H A N N E L N 050100100 2.6 Ac. Parcel To: Jennifer Dotson From: Tom West, Assistant City Engineer Date: November 17, 2011 Re: Divestiture of City-owned land ______________________________________________________________________ Proposal to divest As a partial, but significant, mitigation for the City’s financial crunch I have proposed that the City divest of certain properties that are not utilized and have market value. The object of this strategy is to reduce maintenance costs, generate income from the sale of the property, return the property to the tax base and provide an opportunity to create jobs. On October 19 I presented approximately a dozen such properties. At the suggestion of Mayor Peterson, the Board was asked to consider five properties. Process As I understand the process divestiture can be initiated at the recommendation of the Superintendent. Based upon the Superintendent’s recommendation, the Board of Public Works considers whether there is a public works need for the property. If the BPW determines that there is no public works need for the property the Board can recommend divestiture to the Common Council. Council can then decide to divest of the property. Disposal Disposal of the property can happen in a number of ways. The property can be auctioned, it can be sold to an individual at a negotiated price or it can be transferred to the Ithaca Urban Renewal Agency for disposal. Each method has merits depending upon the property and the end result that the City wishes to achieve. Each property should be appraised and may require an updated survey or subdivision. Properties considered by the BPW The BPW is in the process of considering five properties; they are: • 213 West Spencer Street • 215 West Spencer Street • 321 Elmira Road • 700 block East Seneca Street • Cherry Street extension The total assessed value of these five properties exceeds $1,000,000. If simply returned to the tax roll these properties would generate $12,600 per year after sale. In some cases I believe the assessed value exceeds the market value and in others it underestimates the market value. Given the development potential of these properties I think we could expect a significantly greater property tax return that could make a significant dent in our financial problem. Public concern There is no doubt that the public has deep concerns over the City’s financial well-being. Our constituents have an equally strong concern that government be a good steward of public assets. A big concern is that the property should be developed in the best interest of the community. This is important but we can not let our concern prevent us from making good decisions. We can control the development of a property in a number of different ways. Method of sale Properties can be disposed of by public bid. Interested parties can submit sealed bids for a property and the bids opened in public. The highest bidder wins. This process can require a minimum bid based upon a current appraisal. In the case of the Cataract (Fall Creek) Fire Station bidders were required to include a description of their intention with the bid as a qualification to bid. We can include deed restrictions which preclude certain uses of the property to be conveyed. We can also rely upon zoning to limit the kind of development allowed. We can negotiate directly with an individual in cases where there is a direct relationship between the buyer and the property which is for sale. For instance, I understand that we could negotiate with the owner of a property if we were selling the immediately abutting city land. This would be useful in disposing of pieces of right of way that are of no use to the public but which are being used (by license) by the abutting owner. Again, we would rely upon a current appraisal to set the price. We can work with the Ithaca Urban Renewal Agency to achieve the kind of use that the City intends. IURA can issue a request for proposals that will include a variety of criteria for the project. These may include type of development, job creation, disadvantaged business enterprise opportunities, targeted housing needs, etc. This process has been utilized successfully many times in Ithaca. There are likely other methods of sale that Planning and Development could propose. Proposed Resolutions Planning and Economic Develop Committee, December 21, 2011 Recommendations to Divest Unused City Property Resolution: Parcel 93.-7-3 – 213 West Spencer Street WHEREAS, the City of Ithaca owns parcel 93.-7-3 located at 213 West Spencer Street, and WHEREAS, the aforementioned parcel was obtained by the City with the intention of widening West Spencer Street to accommodate two-way vehicular traffic, and WHEREAS, the Superintendent of Public Works has indicated that this parcel is not currently used in any way for City public works functions or purposes, and that he does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and WHEREAS, on November 16, 2011, the Board of Public Works determined that the aforementioned property is not needed for City of Ithaca public works purposes and recommended that the Common Council consider the sale of parcel 93.-7-3, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose, 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 Common Council hereby determines that the aforementioned property is not needed in order to serve a non-public works function or purpose, and be it further RESOLVED, That the Common Council hereby recommends the sale of parcel 93.-7-3 located at 213 West Spencer Street in the City of Ithaca. Resolution: Parcel 93.-7-5.1 – 215 West Spencer Street WHEREAS, the City of Ithaca owns parcel 93.-7-5.1 located at 215 West Spencer Street, and WHEREAS, the aforementioned parcel was obtained by the City with the intention of widening West Spencer Street to accommodate two-way vehicular traffic, and WHEREAS, the Superintendent of Public Works has indicated that this parcel is not currently used in any way for City public works functions or purposes, and that he does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and WHEREAS, on November 16, 2011, the Board of Public Works determined that the aforementioned property is not needed for City of Ithaca public works purposes and recommended that the Common Council consider the sale of parcel 93.-7-5.1 unless its continued ownership by the City is needed in order to serve a non-public works function or purpose, 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 Common Council hereby determines that the aforementioned property is not needed in order to serve a non-public works function or purpose, and be it further RESOLVED, That the Common Council hereby recommends the sale of parcel 93.-7- 5.1 located at 215 West Spencer Street in the City of Ithaca. Resolution: Parcel 122.-2-1 – 321 Elmira Road WHEREAS, the City of Ithaca owns parcel 122.-2-1 located at 321 Elmira Road, and WHEREAS, the aforementioned parcel was obtained by the City with the intention of operating a sewage pump station, and WHEREAS, the Superintendent of Public Works has indicated that this parcel is not currently used in any way for City public works functions or purposes, and that he does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and WHEREAS, on November 16, 2011, the Board of Public Works determined that the aforementioned property is not needed for City of Ithaca public works purposes and recommended that the Common Council consider the sale of parcel 122.-2-1 unless its continued ownership by the City is needed in order to serve a non-public works function or purpose, 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 Common Council hereby determines that the aforementioned property is not needed in order to serve a non-public works function or purpose, and be it further RESOLVED, that the Common Council hereby recommends the sale of parcel 122.-2-1 located at 321 Elmira Road in the City of Ithaca. Resolution Parcel 100.-2-1.2 – Cherry Street WHEREAS, the City of Ithaca owns parcel 100.-2-1.2 located at the south end of Cherry Street, and WHEREAS, the aforementioned parcel was obtained by the City with the intention of expanding the Cherry Street Industrial Park, and WHEREAS, the aforementioned parcel has not yet been developed by the City, and WHEREAS, staff recommends reserving a 40 foot wide temporary (construction) easement and a concurrent 20 foot wide permanent easement for extension of utilities, and WHEREAS, staff recommends reserving a twenty foot wide easement for the purpose of extending a pedestrian path, concurrent with the aforementioned utility easement, and WHEREAS, the southerly portion of parcel 100.-2-1.2 contains two designated wetlands of 0.45 acre and 0.32 acre, and WHEREAS, on November 16, 2011, the Board of Public Works determined that the aforementioned property is not needed for City of Ithaca public works purposes and recommended that the Common Council consider the sale of parcel 100.-2-1.2 unless its continued ownership by the City is needed in order to serve a non-public works function or purpose, 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, and WHEREAS, the Board of Public Works recommended that the City divest of up to five and six tenths acres of the northerly portion of parcel 100.-2-1.2 located at the south end of Cherry Street exclusive of the aforementioned designated wetlands, now therefore be it RESOLVED, that the Common Council hereby determines that the aforementioned property is not needed in order to serve a non-public works function or purpose, and be it further RESOLVED, that the Common Council hereby recommends the sale of up to five and six tenths acres of the northerly portion of parcel 100.-2-1.2 located at the south end of Cherry Street in the City of Ithaca, exclusive of the aforementioned designated wetlands. Resolution: Parcel 68.-2-9.2 – 700 Block East Seneca Street WHEREAS, the City of Ithaca owns parcel 68.-2-9.2 located on the south side of the 700 block of East Seneca Street, and WHEREAS, the aforementioned parcel was obtained by the City as an opportunity to acquire green space, and WHEREAS, the aforementioned parcel has not been developed or maintained or designated as park, and WHEREAS, the Superintendent of Public Works has indicated that this parcel is not currently used in any way for City public works functions or purposes, and that he does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and WHEREAS, on November 16, 2011, the Board of Public Works determined that the aforementioned property is not needed for City of Ithaca public works purposes and recommended that the Common Council consider the sale of parcel 93.-7-3, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose, 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 Common Council hereby determines that the aforementioned property is not needed in order to serve a non-public works function or purpose, and be it further RESOLVED, that the Common Council hereby recommends the sale of parcel 68.-2- 9.2, located on the 700 block of East Seneca Street in the City of Ithaca. CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING AND 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: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning & Economic Development Committee From: Lynn C. Truame, Historic Preservation Planner Date: January 4, 2012 RE: Proposal to Amend City of Ithaca Landmarks Preservation Ordinance The purpose of this memo is to provide information regarding the proposal to amend the City of Ithaca Landmarks Preservation Ordinance. The proposed ordinance would revise the City’s existing Landmarks Preservation Ordinance to better effectuate the goals of the ordinance, to increase the clarity of the process for applicants, and to improve the efficiency of the process for applicants and staff. It would repeal the existing Chapter 228, Landmarks Preservation, and replace it with a new Chapter 228, Landmarks Preservation, within the City Municipal Code. It would also amend Chapter 73, Landmarks Preservation Commission, to coordinate its content with the new Chapter 228. The proposed revisions to the Landmarks Preservation Ordinance include the following changes: …to Better Effectuate the Goals of the Ordinance • addition of a new requirement for, and detailed description of, an Early Design Guidance process, affecting large projects; and • addition of a new sub-section referencing the existing Property Maintenance Code of New York State, which requires appropriate maintenance and repair of properties to prevent their physical deterioration; and • deletion of the current City Improvements sub-section and addition of the requirement that all changes to City-owned property affecting a landmark or located within an historic district be subject to the provisions of the landmarks ordinance; and • addition of a new requirement that public notice of the application for a Certificate of Appropriateness be posted on the subject property for a period of ten days prior to the public hearing at which the application will be considered. …to Improve Efficiency • replacement of the requirement for two members of the Commission to specifically represent the cultural interests of the community and two members to specifically represent the commercial interests of the community with the less stringent requirement 1 that those four members simply represent the community at large, with preference being given to individuals representing the commercial interests of the community in filling two of the four at-large seats; and • broadening the permissible charge of Commission sub-committees to include any assignment delegated by the full Commission, rather than restricting that charge solely to review and action upon Certificates of Appropriateness. …to Improve Clarity • creation, and detailed explanation of the process for, an action titled Finding of Economic Hardship that replaces the issuance of a Certificate of Appropriateness on Appeal as the basis for permitting demolition or exterior alterations for which the Commission has previously denied a Certificate of Appropriateness; and • creation of a sub-section explicitly stating that in ruling on Certificates of Appropriateness the Commission is guided by the Secretary of the Interior’s Standards for Rehabilitation; and • insertion of new language extending the deadline for Commission action on Certificates of Appropriateness when environmental review for a project is also required; and • addition of a new sub-section creating an expiration date for Certificates of Appropriateness and a process for extensions. The Planning and Development Board considered the proposed changes to the Landmarks Ordinance at their December 20, 2011, meeting, and provided suggested revisions, which have been incorporated into the current version of the proposed Ordinance. Two changes that were proposed by the Planning and Development Board have not been made. There was a suggestion that the Ordinance specifically indicate that “designed landscapes” may be designated as historic properties. This change has not been made because the Ordinance currently states that any property that satisfies the applicable criteria for designation may be designated and this would include designed landscapes. There was also a suggestion that the Secretary of the Interior’s Standards for Rehabilitation be included in their entirety in the Ordinance, rather than simply being referenced. This change was not made for reasons of consistency. The State of New York Property Maintenance Code is also referenced in the Ordinance, but is not included in its entirety. The Secretary’s Standards are readily available online, where they are accompanied by illustrated guidelines for their application. Staff will attend the Planning & Economic Development Committee meeting on Wednesday, January 18, 2012, to answer any questions you may have. You may also contact me at 274-6555 or ltruame@cityofithaca.org. 2 J:\GROUPS\Ithaca Landmarks Preservation Commission\Ordinance Revisions\Docs for Planning Committee\for January 2012\LeadAgencyRes_LandmarksOrd_1_4_2012.doc 01/04/12 Proposed Resolution Planning & Economic Development Committee January 18, 2012 An Ordinance to Amend the Municipal Code of the City of Ithaca to Amend Chapter 73, “Landmarks Preservation Commission” and Repeal and Replace Chapter 228, “Landmarks Preservation” – Declaration of Lead Agency for Environmental Review 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 amendment of Chapter 73, “Landmarks Preservation Commission” and the proposed repeal and replacement of Chapter 228, “Landmarks Preservation”, 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 amendment of Chapter 73, “Landmarks Preservation Commission” and the repeal and replacement of Chapter 228, “Landmarks Preservation”. Proposed Resolution Planning Committee January 18, 2012 An Ordinance to Amend the Municipal Code of the City of Ithaca to Amend Chapter 73, “Landmarks Preservation Commission” and Repeal and Replace Chapter 228, “Landmarks Preservation” – Determination of Environmental Significance WHEREAS, the City of Ithaca is considering an amendment to the Municipal Code in order to amend Chapter 73 “Landmarks Preservation Commission” and to repeal and replace Chapter 228, “Landmarks Preservation,” and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), dated November 1, 2011, and WHEREAS, the proposed amendment has been reviewed by the Tompkins County Planning Department pursuant to §239-l–m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated November 1, 2011, 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. ILPC Meeting – 11/8/11 Resolution – RC RESOLUTION: Moved by M. McGandy, seconded by N. Brcak WHEREAS, Chapters 73 (“Landmarks Preservation Commission”) and 228 (“Landmarks Preservation”) of the City Municipal code, collectively known as the Landmarks Preservation Ordinance, were first enacted in 1975 and have since been periodically amended, most recently in 1998, and WHEREAS, substantial revisions to Chapter 228 and certain related changes to Chapter 73 have recently been suggested, including the following: 1. replacement of the requirement for two members of the Commission to specifically represent the cultural interests of the community and two members to specifically represent the commercial interests of the community with the less stringent requirement that those four members simply represent the community at large; 2. relocation of the sub-section that enumerates the powers and duties of the commission from Chapter 228 to Chapter 73; 3. broadening the permissible charge of Commission sub-committees to include any assignment delegated by the full Commission, rather than restricting that charge solely to review and action upon Certificates of Appropriateness; 4. relocation of the sub-section requiring the cooperation of city departments from Chapter 228 to Chapter 73; 5. general reorganization of Chapter 228 to improve clarity; 6. elimination of a separate definitions sub-section and incorporation of definitions, as needed, into the text of the ordinance itself; 7. creation, and detailed explanation of the process for, an action titled Finding of Economic Hardship that will be the basis for permitting demolition or exterior alterations for which the Commission has previously denied a Certificate of Appropriateness; 8. deletion of the current City Improvements sub-section and addition of the requirement that all changes to City-owned property affecting a landmark or located within an historic district be subject to the provisions of the landmarks ordinance; 9. creation of a sub-section explicitly stating that the basis for decisions by the Commission in ruling on Certificates of Appropriateness is the Secretary of the Interior’s Standards for Rehabilitation; 10. insertion of new language extending the deadline for Commission action on Certificates of Appropriateness when environmental review for a project is also required; 11. addition of a new sub-section creating an expiration date for Certificates of Appropriateness and a process for extensions; 12. addition of a new requirement for, and detailed description of, an Early Design Guidance process, affecting large projects; and ILPC Meeting – Resolution – RB 13. addition of a new sub-section requiring appropriate maintenance and repair of properties to prevent their physical deterioration; and WHEREAS, these revisions are intended to better effectuate the goals of the Landmarks Preservation Ordinance, namely to: 1. Promote the educational, cultural, economic, and general welfare of the public through the protection, enhancement, and perpetuation of landmarks and districts of historic and cultural significance; 2. Safeguard the city’s historic, aesthetic, and cultural heritage by preserving landmarks and districts of historical and cultural significance; 3. Stabilize and improve property values; 4. Foster civic pride in the legacy of beauty and achievements of the past; 5. Protect and enhance the city’s attractions to tourists and visitors and the support and stimulus to business thereby provided; 6. Strengthen the economy of the city; and 7. Promote the use of landmarks and districts of historic and cultural significance as sites for the education, pleasure, and welfare of the people of the city; and WHEREAS, the ILPC has reviewed the proposed revisions to the ordinances and finds that said revisions will, in fact, better effectuate the goals of the Landmarks Preservation Ordinance as stated above, now therefore be it RESOLVED, that the ILPC supports the proposed revisions to Chapters 73 and 228 of the City Municipal Code, and be it further RESOLVED, that the ILPC recommends the adoption of said revisions by the Common Council. RECORD OF VOTE: 5-0-0 Yes M. McGandy N. Brcak E. Finegan D. Kramer S. Stein No Abstain 2 An Ordinance Amending the Municipal Code of the City Of Ithaca to Amend Chapter 73, Entitled “Landmarks Preservation Commission” WHEREAS, Chapter 73 of the Municipal Code of the City of Ithaca, Landmarks Preservation Commission, was first enacted in 1975 and was amended in 1984, and WHEREAS, amendments to Chapter 73 have been proposed, the purpose of which are to coordinate the content of Chapter 73 with the content of Chapter 228, “Landmarks Preservation”, now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: ORDINANCE NO. Section 1. Chapter 73, Landmarks Preservation Commission, of the Municipal Code of the City of Ithaca is hereby amended, to read as follows: §73-1 Establishment. To effectuate the goals of Chapter 228, Landmarks Preservation, there is hereby established in and for the City of Ithaca a Commission to be known as the "Ithaca Landmarks Preservation Commission." §73-2 Membership, Appointment, and Compensation. A. Membership. The Commission shall consist of seven members. B. Appointment. Members of the Commission shall be appointed by the Mayor with the advice and consent of the Common Council. Three members shall be selected, each of whom shall possess professional qualifications evidencing expertise in historic preservation, architecture, city planning or building construction. The four remaining members shall be selected to represent the community at large. In filling two of these four at-large seats, preference will be given to individuals who represent the commercial interests of the community. C. Terms. The original appointments of the members of the Commission shall be three for one year, two for two years and two for three years from January following the year of such appointment, or until their successor is named to serve out the unexpired portion of their term of appointment, or until their successor is appointed to serve for the term of three years. D. Vacancies. Vacancies occurring in the Commission other than by expiration of term of office shall be filled by appointment by the Mayor, but such appointment shall be only for the unexpired portion of the term of the member replaced. 1 E. Reappointment. Members may serve for more than one term, and each member shall serve until the appointment of a successor. F. Method of selection to fill vacancies. Vacancies shall be filled by the Mayor according to the original selection as aforesaid. G. Compensation. Members shall serve without compensation. H. Quorum. A majority of the Commission shall constitute a quorum for the transaction of business. §73-3 Organization. A. Officers. The Landmarks Preservation Commission shall elect from its membership a Chairperson and a Vice Chairperson, whose terms of office shall be fixed by the Commission. The Chairperson shall preside over the Commission and shall have the right to vote. The Vice Chairperson shall, in cases of absence or disability of the Chairperson, perform the duties of the Chairperson. B. Secretary. The Director of Planning and Development or his/her designee shall serve as the Secretary to the Commission. The Secretary shall keep a record of all resolutions, proceedings, and actions of the Landmarks Preservation Commission, and shall have the authority to act as provided for in §228-6C of the City Municipal Code. §73-4 Powers and Duties. The powers of the Commission shall include: A. Adoption of criteria for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts; B. Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the city; C. Designation of identified structures or resources as landmarks and historic districts; D. Adoption of criteria for the evaluation of applications for a Certificate of Appropriateness; E. Approval or disapproval of proposals for exterior change resulting in applications for a Certificate of Appropriateness pursuant to §228-4 and §228-5 of the City Municipal Code; F. Making recommendations to the City concerning the acquisition of façade easements or other interests in real property as necessary to carry out the purposes of §228-2 of the City Municipal Code; G. Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs; 2 H. Making recommendations to the City concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city; I. Recommending acquisition of a landmark structure by the City where its preservation is essential to the purposes of §228-2 of the City Municipal Code and where private preservation is not feasible; J. Preparation of a report or recommendation to other City boards and committees regarding plans and proposals that could have an impact on locally designated landmarks and/or historic districts. §73-5 Promulgation of Rules; Meetings. The Commission shall adopt rules for the transaction of its business, which shall provide for the time and place of holding regular meetings. Regular meetings shall be held at least once each month. The Commission’s rules shall provide for the calling of special meetings by the Chairperson or by at least three members of the Commission. All regular or special meetings of the Commission shall be open to the public, and any person shall be entitled to appear and be heard on a matter before the Commission before it reaches its decision. §73-6 Records and Annual Report. The Commission shall keep a record, which shall be open to the public view, of its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majority of those members present shall constitute approval of plans before it for review or for the adoption of any resolution, motion or other action of the Commission. The Commission shall submit an annual report of its activities to the Mayor and Common Council and make such recommendations to the Common Council as it deems necessary to carry out the purposes of this chapter and Chapter 228, Landmarks Preservation. §73-7 Committees. The Landmarks Preservation Commission may, by rule, establish permanent or ad hoc committees for assignments delegated by the full Commission. §73-8 Cooperation of City Departments. As an aid toward cooperation in matters which concern the integrity of the designated landmarks and historic districts, all City departments shall, upon request, furnish to the Landmarks Preservation Commission, within a reasonable time, the available maps, plans, reports and statistical or other information the Commission may require for its work. 3 An Ordinance Amending the Municipal Code of the City Of Ithaca to Repeal and Replace Chapter 228, Entitled “Landmarks Preservation” WHEREAS, Chapter 228 of the Municipal Code of the City of Ithaca, Landmarks Preservation, was first enacted in 1975 and has since been periodically amended, most recently in 1998, and WHEREAS, substantial revisions to, and reorganization of, Chapter 228 have been proposed, the purpose of which are to better effectuate the goals of the Landmarks Preservation Ordinance, to improve efficiency in carrying out such goals, and to improve the clarity of the Ordinance, and WHEREAS, given the extent of the changes proposed it would be impractical to accomplish such revisions by amendment, now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: ORDINANCE NO. Section 1. Chapter 228, Landmarks Preservation, of the Municipal Code of the City of Ithaca is hereby repealed. Section 2. A new chapter (Chapter 228), entitled “Landmarks Preservation”, is hereby added to the Municipal Code of the City of Ithaca, to read as follows: § 228-1. Title. This chapter shall be known and may be cited as the “City of Ithaca Landmarks Preservation Ordinance.” § 228-2. Purpose. The purpose of this chapter is to: A. Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement and perpetuation of landmarks and districts of historic and cultural significance. B. Safeguard the city’s historic, aesthetic and cultural heritage by preserving landmarks and districts of historical and cultural significance. C. Protect the value of historic properties and their owners’ investment in them, and stabilize historic neighborhoods. D. Foster civic pride in the legacy of beauty and achievements of the past. E. Protect and enhance the city’s attractions to tourists and visitors and the support and stimulus to business thereby provided. F. Strengthen the economy of the city. 1 G. Promote the use of landmarks and districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the city. § 228-3. Designation of Landmarks or Historic Districts. A. As set forth in §73-4, the Ithaca Landmarks Preservation Commission is responsible for the designation of identified structures or resources as landmarks and historic districts within the city. B. The Ithaca Landmarks Preservation Commission may designate an individual property as a landmark if it: 1. Possesses 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. Is identified with historically significant person (s) or event(s); or 3. Embodies the distinguishing characteristics of an architectural style; or 4. Is the work of a designer whose work has significantly influenced an age; or 5. Represents an established and familiar visual feature of the neighborhood by virtue of its unique location or singular physical characteristics. C. The Ithaca Landmarks Preservation Commission may designate a group of properties as an historic district if the group: 1. Contains primarily properties which meet one or more of the criteria for designation of a landmark; and 2. Constitutes a distinct section of the city by reason of possessing those qualities that would satisfy such criteria. D. Notice of a proposed designation shall be sent to the owner or owners of the property or properties proposed for designation, describing the property proposed, or if in a district, the proposed district boundary, and announcing a public hearing by the Commission to consider the designation. Where the proposed designation involves so many owners that individual notice is infeasible, notice may instead be published at least once in the City’s official newspaper at least 15 days prior to the date of the public hearing. Once the Commission has issued notice of a proposed designation, no building permits or demolition permits shall be issued by the Building Commissioner until the Commission has made its decision. 2 E. The Commission shall hold a public hearing prior to designation of any landmark or historic district. Notice of the public hearing shall be published at least once in the City’s official newspaper at least 15 days prior to the date of the public hearing. The notice shall specify the time and place of the public hearing, a brief description of the proposed designation, and the location where the proposal may be reviewed prior the hearing. The Commission, property owners, and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural, or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments, expert testimony, or other evidence offered outside of the hearing. F. Within seven days after such designation of a landmark or historic district, the Commission shall file a copy of such designation with the Planning and Development Board and with Common Council. G. Within 60 days of designation by the Commission, the Planning and Development Board shall file a report with Common council with respect to the relation of such designation to the Comprehensive Plan, the zoning laws, projected public improvements, and any plans for the renewal of the site of area involved. The Council shall, within 90 days of said designation, approve, disapprove, or refer back to the Commission for modification. H. Any designation approved by the Council shall be in effect on and after the date of approval by Council. The Commission shall forward notice of each property designated as a landmark and the boundaries of each designated historic district to the Building Commissioner and the City Clerk for recordation. § 228-4. Certificate of Appropriateness for Alteration, Demolition, or New Construction Affecting Landmarks or Historic Districts. As set forth in §73-4, the Ithaca Landmarks Preservation Commission is responsible for the approval or disapproval of proposals for exterior changes to a designated historic property. No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or property within an historic district, nor shall any person make any change in the exterior appearance of such property, its site, its light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements, without first obtaining a Certificate of Appropriateness or Finding of Economic Hardship from the Ithaca Landmarks Preservation Commission, or obtaining approval by the 3 Commission’s Secretary pursuant to §228-6 C. All changes to City-owned property affecting a landmark or within an historic district shall be subject to the provisions of this ordinance. §228-5. Criteria for Approval of a Certificate of Appropriateness. A. The Commission shall approve the issuance of a Certificate of Appropriateness only if it determines that the proposed work will not have a substantial adverse effect on the aesthetic, historical, or architectural significance and value of either the landmark, or if the proposed work is within an historic district, of the neighboring properties in such district. In making this determination, the Commission will be guided by the Secretary of the Interior’s Standards for Rehabilitation. B. In passing upon an application for a Certificate of Appropriateness, the Landmarks Preservation Commission shall not consider changes to interior spaces or to exterior paint colors. §228-6. Certificate of Appropriateness Application Procedure. A. Prior to the commencement of any work requiring a Certificate of Appropriateness, the owner shall file an application for a building permit with the Building Department and an application for such Certificate with the Commission. The application, available on the City’s website and through the Department of Planning & Development, shall contain: 1. Building permit application number, as assigned by the Building Department 2. Name, mailing address, email address, and telephone number of the applicant; 3. Location and photographs of the property; 4. Elevation drawings of proposed changes, if available; 5. Perspective drawings, including relationship to adjacent properties, if available; 6. Samples of building materials to be used, including their proposed color; 7. Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign’s location on the property; 8. Any other information that the Commission may deem necessary in order to visualize the proposed work. B. No building permit shall be issued for the proposed work until a Certificate of Appropriateness has 4 first been issued by the Commission. The Certificate of Appropriateness required by this chapter shall be in addition to and not in lieu of any building or other permit that may be required by any other ordinance of the City of Ithaca. C. The Commission may delegate to the Commission’s Secretary the authority to: 1. Determine whether proposed work requires a Certificate of Appropriateness; 2. Determine whether proposed work constitutes ordinary maintenance and repair for which a Certificate of Appropriateness is not required; 3. Approve work that is considered replacement- in-kind. D. Upon application for a Certificate of Appropriateness, a public notice of the proposal shall be posted by the owner or owner’s representative on the property for a minimum of 10 days. This notice must remain in place until a decision to approve or deny the Certificate of Appropriateness has been made. The notice shall specify the proposed work, the time and place of the public hearing, and to whom and by when any public comments are to be communicated. The notice must be placed at or near the property line in the front yard so that it will be plainly visible from the street, and, in cases where a property has frontage on more than one street, an additional sign must be placed at or near the property line on any additional street frontage so that the sign will be plainly visible from the street on which it has such additional frontage. E. The Commission shall hold a public hearing prior to rendering a decision on any application for a Certificate of Appropriateness. Notice of the public hearing shall be published at least once in the City’s official newspaper at least 5 days prior to the public hearing. The notice shall specify the time and place of the public hearing, a brief description of the proposal, and the location where the proposal may be reviewed prior to the hearing. The property owner and any interested party may present testimony or documentary evidence regarding the proposal at the hearing, which will become a part of the record. The record may also contain staff reports, public comments, and other evidence offered outside of the hearing. F. The Commission shall approve, deny, or approve with conditions or modifications the Certificate of Appropriateness within 45 days from the completion of the public hearing, except as noted below. The failure of the Commission to act within 45 days from the completion of the public hearing, unless an extension is mutually agreed upon in writing by 5 the applicant and the Commission, shall be deemed to constitute approval. 1. In the event, however, that the Commission shall make a finding of fact that the circumstances of a particular application require further time for additional study and information than can be obtained within the aforesaid 45-day period, then the Commission shall have a period of up to 90 days within which to act upon such an application. 2. In the event, however, that environmental review of an application is required, the Commission shall approve, deny, or approve with conditions or modifications the Certificate of Appropriateness within 65 days from the completion of environmental review. The failure of the Commission to act within 65 days from the completion of the environmental review, unless an extension is mutually agreed upon in writing by the applicant and the Commission, shall be deemed to constitute approval. G. All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by mail, and a copy filed with the Building Commissioner and City Clerk for public inspection, within 30 days of the date of the decision. The Commission’s decisions shall state the reasons for denying or modifying any application. §228-7. Expiration of Approval; Extension of Approval If the construction of a project approved for a Certificate of Appropriateness has not commenced within two years of the date of the approval, such approval shall expire, unless an extension has been granted by the Ithaca Landmarks Commission following a written request by the applicant. An application for an extension of Certificate of Appropriateness approval shall not be considered a new Certificate of Appropriateness application. §228-8. Early Design Guidance. A. Large projects that could potentially have a significant impact on a local landmark or historic district are required to participate in the Early Design Guidance process. The purpose of this process is to provide input from the Commission on the design of the project as it relates to criteria for the approval of a Certificate of Appropriateness at a time when such input may readily be incorporated into the design without adversely affecting design costs or the project schedule. 6 B. For the purposes of this chapter, large projects are defined as: 1. New construction of any primary structure, or 2. New construction of any accessory structure with a gross square footage of 800 square feet or more, or 3. New additions that will increase the existing footprint of a building by 30% or more, or 4. Any renovation or reconstruction (excluding projects that involve only the replacement of roof coverings) that will affect 50% or more of a building’s exterior. C. Applicants subject to Early Design Guidance shall submit materials for review by the Commission prior to the completion of the schematic design phase. The Commission will provide general feedback on the design of the project as it relates to criteria for the approval of a Certificate of Appropriateness and will provide an itemized list of any specific concerns or areas that will require further development of design prior to rendering an opinion. D. Upon receiving this list, the applicant will have 60 days to respond in writing, specifically stating how each concern expressed by the Commission has been, or will be, addressed in the design. E. The Commission will review this response and any revised project materials that are made available. If concerns remain, or if new concerns have arisen based on the revisions made, the Commission will provide a second itemized list stating, or restating, areas of concern. The applicant is welcome to, but is not required to, respond in writing to this second list prior to submitting a complete application for a Certificate of Appropriateness. F. The Commission is not limited to considering issues and concerns that were raised during the Early Design Guidance process during the Certificate of Appropriateness review; however, failure to address to the satisfaction of the Commission all concerns that were raised during the Early Design Guidance process will result in the denial of a Certificate of Appropriateness. §228-9. Criteria for a Finding of Economic Hardship. A. An applicant whose Certificate of Appropriateness for a proposed alteration has been denied may apply for relief on the ground of economic hardship. In order to prove the existence of economic hardship, the applicant shall establish that the denial of a Certificate of Appropriateness will prevent the owner from earning a reasonable return on investment, regardless of whether that return represents the most profitable return possible. In 7 the case of non-profit ownership, the applicant shall establish that the denial of a Certificate of Appropriateness will seriously interfere with, or prevent, the owner from carrying out its chartered purpose. B. An applicant whose Certificate of Appropriateness for a proposed demolition has been denied may apply for relief on the ground of economic hardship. In order to prove the existence of economic hardship, the applicant shall establish to the satisfaction of the Commission that: 1. The denial of a Certificate of Appropriateness will prevent the owner from earning a reasonable return on investment, regardless of whether that return represents the most profitable return possible; and 2. The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return on investment; and 3. Diligent efforts to find a purchaser interested in acquiring the property and preserving it have failed. §228-10. Finding of Economic Hardship Application Procedure. A. After the Landmarks Preservation Commission has denied a Certificate of Appropriateness, an applicant may commence the economic hardship process. No building permit or demolition permit shall be issued unless the Commission determines that an economic hardship exists and issues a Finding of Economic Hardship. B. The Commission may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views. C. The applicant shall consult in good faith with the Commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. D. All decisions of the Commission shall be in writing and shall state the reasons for granting or denying the requested Finding of Economic Hardship. A copy shall be sent to the applicant by mail and a copy filed with the Building Commissioner and City Clerk for public inspection within 30 days of the date of the decision. §228-11. Maintenance and Repair Required. A. Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district that does not 8 involve a change in design, building materials, color, or outward appearance; however, the Commission’s Secretary shall determine whether proposed work constitutes ordinary maintenance and repair or requires a Certificate of Appropriateness. B. No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair. Maintenance shall be required, consistent with the provisions of the Property Maintenance Code of New York State, §304, Exterior Structure. §228-12. Enforcement and Violations A. All work performed pursuant to a Certificate of Appropriateness issued under this chapter shall conform to the requirements included therein. It shall be the duty of the Building Commissioner to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the Certificate of Appropriateness, or upon notification of such fact by the Commission, the Building Commissioner shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect. B. If, in the judgment of the Commission, a violation of §228-11 exists that will result in a detrimental effect upon the life and character of a designated historic property or on the character of a historic district as a while, the Commission shall notify the building Commissioner. If, upon investigation, the Building Commissioner finds non-compliance with the requirements of the Property Maintenance Code of New York State, §304, Exterior Structure, or any other applicable regulation, the Building Commissioner shall order such remedies as are necessary and consistent with this Chapter and shall provide written notice thereof to the Secretary of the Commission. C. Any violation of any provision of this chapter shall be deemed an offense and shall be punishable as provided in Chapter 1, General Provisions, Article I, Penalties. Each day’s continued breach shall constitute a separate additional violation. In addition, the City shall have such other remedies as are provided by law to enforce the provision of this chapter. §228-13. Appeals. Any person aggrieved by any decision by the Commission may apply to the Supreme Court in the State of New York for review under Article 78 of the Civil Practice 9 Law and Rules within 60 days of publication of the decision. 10 CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Daniel L. Hoffman, City Attorney Telephone: 607/274-6504 Khandikile M. Sokoni, Assistant City Attorney Fax: 607/274-6507 Robert A. Sarachan, Assistant City Attorney Patricia M. O’Rourke, Assistant City Attorney Krin Flaherty, Associate City Attorney Jody Andrew, Executive Assistant M E M O R A N D U M To: Common Council Members From: Krin Flaherty Date: September 7, 2011 Subject: Legislative Priorities to Address the Impacts of Gas Drilling & “Hydro-Fracking” ______________________________________________________________________________ The Planning and Economic Development Committee asked the City Attorney’s office to investigate and report on options to address the potential impacts of proposed drilling for natural gas in the region that includes the so-called Marcellus Shale formation (using a process typically referred to as “hydro- fracking”). Our office assembled materials from various sources, interviewed the City Attorneys for Buffalo and Oneonta (to our knowledge, the only two cities in NYS that have adopted local regulations intended to ban hydro-fracking), and met with Attorney Helen Slottje of the Community Environmental Defense Council, Inc. Based on our review of these materials, there are many and various methods of addressing the concerns about gas drilling impacts. At the August 17, 2011 Planning and Economic Development Committee meeting, we submitted an outline of the varied approaches and asked for input. The Committee members recommended that our office focus on addressing the following areas: 1) City wide gas drilling ban; 2) Common Council resolution to not lease City-owned property for drilling purposes or otherwise allow drilling on any City-owned property (e.g. Six Mile Creek Natural Area, Southwest Natural Area); 3) Sewer and waste water effects - Mayor Peterson and Council Member McCollister are members of the Joint Sewer Committee and will work with the committee and its attorney, Susan Brock, to prohibit the Ithaca Area Wastewater Facility from accepting waste water from hydro-fracking; and 4) Investigate Tompkin County’s Road Preservation Law for potential adoption by the City. The Committee members asked us to submit this summary so that all Council members may consider the proposed scheme. I will be working on these topic areas and will bring draft proposals to the next Planning Committee meeting on September 21, 2011. Please feel free to contact me with your questions as to any of these areas or other priorities that you believe should be part of the conversation. 1 1 M E M O R A N D U M CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Daniel L. Hoffman, City Attorney Telephone: 607/274-6504 Khandikile M. Sokoni, Assistant City Attorney Fax: 607/274-6507 Robert A. Sarachan, Assistant City Attorney Patricia M. O’Rourke, Assistant City Attorney Krin Flaherty, Associate City Attorney Jody Andrew, Executive Assistant To: Planning and Economic Development Committee Members From: Daniel L. Hoffman & Krin Flaherty Date: November 9, 2011 Subject: Proposed ordinance ______________________________________________________________________________ Attached please find a proposed ordinance to define Light Industrial in the City zoning code and clarify that the I-1 Industrial district permits only light industrial uses as of right. Below is a chart to demonstrate how this ordinance clarifies the primary use section of the I-1 Industrial district. An Ordinance Amending the Chapter 325 – “Zoning” – of the City of Ithaca Municipal Code to Add a Definition and Clarify Permitted Industrial Uses in the I-1 Industrial Use District. WHEREAS, Chapter 325 of the City of Ithaca Municipal Code, entitled “Zoning,” sets forth the zoning districts within the City of Ithaca, and states that the permitted uses for each district are codified in the District Regulations Chart, which Chart is a separate document but is incorporated by reference into Section 325-8 of said chapter; and WHEREAS, only the uses specifically set forth in the District Regulations Chart are permitted as of right in a zoning district; and WHEREAS, exploration for natural gas, the extraction of natural gas, the storage, transfer, treatment or disposal of natural gas exploration and production wastes, and related natural gas operations are not specifically set forth as permitted uses in any zoning district and are therefore are not and have not been permitted uses as of right within the City of Ithaca; and WHEREAS, the I-1 Industrial Use district allows uses not explicitly permitted elsewhere within the City of Ithaca, but subject to the issuance of a special permit, upon a finding by the Board of Zoning Appeals and concurrence by Common Council that the use will have “no negative impact by reason of noise, fumes, odors, vibration, noxious or toxic releases or other conditions injurious to the health or general welfare;” and WHEREAS, the Common Council wishes to add one definition and to clarify the District Regulations Chart so as to remove any possible interpretation of the City Code as allowing, as of right, the establishment of heavy industrial uses within the City, including but not limited to the exploration for or extraction of natural gas, the storage, transfer, treatment or disposal of natural gas exploration and production wastes, or related natural gas operations; and WHEREAS, the Common Council accepted and approved a Comprehensive Plan for the City of Ithaca on May 6, 1970, and, since that approval, has continued to study and to amend the City’s Comprehensive Plan, from time to time; and WHEREAS, the City of Ithaca’s Comprehensive Plan, on page 2, enumerates the following among the City development objectives: “2. A city which understands and does not abuse its nonreplaceable physical resources,” by “…understand[ing] and make[ing] wise use of the soil, gorges, water, air, and plants which are part of the community’s non-replaceable physical resources;” and 2 “5. A city which encourages the diversity of its industrial base and makes every effort to employ its labor force according to its skill and capacity… by encouraging new light service and recreational industries to supplement our existing service and educational industries.” [emphasis added] WHEREAS, the introduction to the land use section of the Comprehensive Plan land identifies education as the “basic industry” of the city, but also acknowledges “the value of diversifying the industrial base by working to attract light service industry [emphasis added] and by developing a viable recreation industry…” as “essential to a healthy, growing, future Ithaca.”1 The land use discussion also highlights the need for housing, adequate streets and the role of parks and opens space in maintaining “the small city character” and reinforces the “recreational- educational character” and ties the City’s developed areas to its “unique natural environment;”2 and WHEREAS, the Comprehensive Plan as enacted in 1970 anticipated encouragement of light industry, and subsequent amendments to the Comprehensive Plan have supported this approach, rather than reliance upon heavy industry, which would serve to disrupt and jeopardize the City’s recreational-educational, small-city character and its unique natural environment; and WHEREAS, amendments to the Comprehensive Plan since 1970, and various City planning studies and projects, seek to promote mixed-use, walkable development within the City, and to protect and maintain natural features unique to the City such as the Cayuga Lake waterfront, gorges, creeks and natural areas, and to support the character of existing neighborhoods, but do not promote land use that would harm or result in a negative environmental impact 3 ; and WHEREAS, the City of Ithaca has historically demonstrated and continues to support its commitment to preserving the beauty, quality, use, and environmental integrity of all land within the City, through establishment and passage of Code provisions supporting City programs such as the Conservation Advisory Council, Parks Commission, Natural Areas Commission, City Bicycle/Pedestrian Advisory Council, and Shade Tree Advisory Committee, and the City’s urban forestry program; and 1 P. 24-25 2 P. 25 3 See for example: 1997 Ithaca Bicycle Plan; 1997 Tompkins County Waterplan; 1998 Southwest Area Land Use Plan addendum and 1994 original; 1998 Inlet Island Urban Development; 1999 West End Urban Design Plan; 2000 Southwest Natural Area Master Plan; 2000 Design Guidelines, Southwest Area and Elmira Road - Meadow Street Corridor; 1998 An Economic Development Plan for the City of Ithaca: A Program For Action prepared by Planning/Environmental Research Consultants (modified in 2003). 3 WHEREAS, all uses in the I-1 Industrial Use District must comply with the Special Performance Standards set forth in Section 325-24, which standards support the light industrial interpretation clarified herein, in that the purpose of such standards is “…to permit a broad range of uses in certain Industrial Districts by establishing standards of performance to protect residential districts from adverse effects of industrial activities and to promote a safe and healthy environment in and near the Industrial District,” and to lessen environmental industrial impacts so as to not be injurious or offensive to neighbors and the public; and WHEREAS, the clarification provided by this ordinance, namely, that only light industrial use is permitted as of right, is consistent with the purposes and intent of the I-1 Industrial Use District and removes any possible ambiguity about whether “industrial” use could be interpreted to mean or include heavy industrial operations of any kind, including but not limited to natural gas exploration or extraction, or related operations; and WHEREAS, the Common Council agrees it is important to make these clarifications to the City Code, for the following reasons: (1) The establishment of new, heavy industrial uses within the City of Ithaca, including but not limited to the exploration for or extraction of natural gas, or related operations, would pose a significant threat to the health, safety, and welfare of its residents and visitors. (2) Widespread negative environmental impacts have resulted from heavy industrial uses carried out in urbanized areas, including impacts on groundwater quality (such as has occurred on Ithaca’s South Hill and at or near other industrialized sites such as the former Ithaca Gun factory), surface water quality, air quality, traffic, scenic resources, neighborhood and community character, vegetation and habitats. (3) The regulation and limitation of land uses allowed in the various areas and districts of the City falls within the City’s authority to regulate land use through the zoning powers expressly delegated to cities in the New York State Constitution, Article 9, §§1, and in Municipal Home Rule Law, §10. Furthermore, the regulation and/or exclusion of heavy industrial uses from the City is a reasonable exercise of the City’s police powers so as to prevent damage to the rights of citizens who would otherwise be negatively affected by such uses and to promote the interests of the community as a whole; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: 4 ORDINANCE NO. ________ Section 1. In the District Regulations Chart that is part of Section 325-8 of the Municipal Code of the City of Ithaca, Column 2 (Permitted Primary Uses) under the I-1 Industrial District, is hereby amended to read as follows: 1. Any use permitted in B-5, except that dwelling units are prohibited. 2. Light Iindustrial, warehousing, wholesaling, storage and handling of bulk goods (not including rubbish as defined in § 196.1), lumberyards, and agriculture except that no animals may be kept within 50 ft. of any property line. 3. Any use not permitted as of right 4 in the I-1 Use District or in any other zoning district, subject to the issuance of a special permit of the Board of Zoning Appeals in accordance with§325-9 and concurrence by the Common Council. 4. All uses must conform to special performance standards governing establishment of industrial uses (See: §325-24). 5. Transfer station for recyclable materials. See § 181-13, Fire Limits Section 2. The Definitions and Word Usage Section 325-3 of the Municipal Zoning Code of the City of Ithaca is hereby amended to add a definition of “Light Industrial,” in alphabetical order, and to read as follows: LIGHT INDUSTRIAL Fabrication, processing, converting, altering, assembling or other handling of products that: A. Is conducted solely within a building or group of buildings; and B. Does not result in 5 : (1) Dissemination of noise, vibration, odor, dust, smoke, detectable gas or fumes or their atmospheric pollutant beyond the boundaries of the immediate site of the building(s) in which such use is conducted; (2) Unusual hazard of fire, explosion or other physical danger to any person, building or vegetation; (3) Radiation or interference with radio or television reception beyond the boundary of the property; (4) A harmful discharge of waste material or any other means of disposal of waste material other than by delivery to an authorized, off-site treatment facility; or (5) Unusual traffic hazards or congestion due to the type of vehicles required. 4Tracks language of 325-9 (C)(o) 5 These conditions are similar to our § 325-24, Special Performance Standards in Industrial District. The definition proposed here contains less specific language plus a restriction against “no unusual traffic hazards or congestion due to type of vehicles required.” 5 Section 3. 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 4. Effective date. This ordinance shall take effect on January 1, 2012, and in accordance with law, upon publication of notice as provided in the Ithaca City Charter. 6 CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH, ACTING DIRECTOR OF PLANNING & DEVELOPMENT PHYLISSA DESARNO, DIRECTOR OF ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607/274-6550 Community Development/IURA – 607/274- 6559 Fax: 607/274-6558 TO: Planning and Development Board Planning Committee of Common Council FROM: JoAnn Cornish, Director of Planning and Development DATE: August 9, 2011 RE: Department of Planning and Development 2011- 2012 Priority Projects and Work Plan The Department of Planning & Development's 2011 – 2012 Priority Projects and Work Plan are listed below for your information. A. Priority Projects - Planning 1. Conclude work on Collegetown Urban Plan and Conceptual Design Guidelines: including Form Based Code, Design Standards, Design Review, Streetscape Improvements for the 400 Block of College Ave., Complete On Street Parking Study including a Pay Station Program – Megan Wilson, Project Manager 2. Dredging – Complete Environmental Impact Statement and Construction Drawings, Construct Sedimentation Basins and Begin Dredging – Lisa Nicholas, Project Manager 3. Commons Redesign Phase II – Complete Design Development, Final Design, Construction Drawings and Bid Documents – Jennifer Kusznir, Project Manager; Sasaki Associated, Consultant 4. Southwest Area – Hire Consultant to review and synopsize all completed studies and recommend if/then scenarios for use of the City-owned 60 acres - Lisa Nicholas, Project Manager, Consultant to be determined 5. Oversee Implementation of NYSERDA Grant Funding to oversee the City’s climate change and energy sustainability initiatives - Dennise Belmaker, Energy Sustainability Project Manager 6. City Comprehensive Plan – Phase 1, Umbrella Plan (Phase 2 being detailed neighborhood and thematic plans). Work with Clarion Associates to complete Phase 1 by fall of 2012 – Megan Wilson, Project Manager 7. NYS DOT Site Acquisition – Continue working with the County to relocate the NYSDOT facility on Third Street Extension allow for waterfront development. JoannC Page 1 1/6/2012 B. Priority Projects – Development 1. Inlet Island Development • Continue working with the selected preferred developer and Common Council toward development of Inlet Island. • Continue efforts to acquire the parcel owned by New York State Department of Environmental Conservation (“NYSDEC”) and once acquired, begin a Phase II Environmental Investigation and cleanup if necessary. 2. Development of the Ithaca Gun Factory Site and the Adjacent Ithaca Falls Natural Area • Continue work with the New York State Department of Environmental Conservation and Fall Creek Redevelopment, LLC, to remediate the former Ithaca Gun Factory Site. • Administer Grant Funding for remediation. • Start planning process for a park that includes the area at the base of the falls, the rim trail, and the overlook area. 3. Completion of Cayuga Green and Associated Projects • Work with Bloomfield + Schon Partners on the 20-30 unit luxury apartments and future condominiums, known as Cayuga Green 3. • Continue to seek tenants for the remaining commercial space in Cayuga Garage and at Cayuga Place. • Continue working with Jeffrey Rimland to complete plans for the Hotel Ithaca project 4. Complete review for Challenge Industries building and site 5. Continue to work with interested parties on collective vision for Emerson site. 6. Continue review of the new City of Ithaca Water Treatment Plant 7. Continue review of means restriction on area bridges 8. Begin Review of the Cornell University Gates Building 9. Continue working towards establishing the Neighborhood Pride Grocery Store to replace the P&C on Hancock Street in the City’s North side C. Grants TIGER III – County Transportation Improvements and Commons Reconstruction to serve as transportation hub and county center. National Endowment for The Humanities (NEH), Planning Grant for the MLK Freedom Walkway – Refinement of design concepts and walkway elements, cost estimates, design drawings and specifications. JoannC Page 2 1/6/2012 PROJECTS TO BE COMPLETED AS STAFF TIME ALLOWS and in conjunction with the Comprehensive Plan D. Projects of Interest: 1. Revise the City Environmental Quality Review Ordinance to include climate change considerations (greenhouse gas reduction, renewable energy, energy efficiency, solid waste management practices, etc.). 2. Revise the Community Incentive Investment Program Application/City Density Policy. 3. Work towards approval and implementation of the Stewart Park Rehabilitation Action Plan. 4. Create a Conservation Zone(s). 5. Create a Stream Corridor Protection Zone(s). 6. Work on policy for development in Unique Natural Areas 7. Investigate extending Cherry Street for additional development E. Projects identified by the Planning Committee to be done in cooperation with Engineering, Streets and Facilities, the Building Department, and the Board of Public Works: 8. Complete revisions to the City’s Sidewalk Ordinance. 9. Create a City wide approach to parking. 10. Continue discussions on how to deal with backyard parking lots in multi-family residential zones. 11. Assist in the development of a City Transportation Plan. 12. Coordinate with the City, Cornell University, and Delta Phi Fraternity to assess and correct damage to both the street and sidewalk on Cornell Avenue, the limestone retaining wall on Cornell Avenue, and the stone walls on the Baldwin Staircase. F. Additional Projects identified by various sources: 13. Assist Common Council in determining natural gas drilling impacts on and in the City of Ithaca and draft legislation if required. 14. Consider creating a critical environmental area for the City-owned land in Six Mile Creek. 15. Address undesirable loss of urban and natural forms by rezoning certain areas of the City. 16. Work with property owners and business owners (and potential property and business owners) to invest in and improve properties in the West End. 17. Implement Martin Luther King Freedom Walkway. 18. Investigate legislation to regulate wood smoke emissions 19. Investigate legislation to allow raising chickens in the city. 20. Investigate use of City owned land for community urban gardens. G. Projects Identified by the Planning Department to be managed or completed: 21. Ongoing issues related to the NYSEG Coal Tar Remediation Site and the future of the Markles Flats building. 22. Continue working with the Community Advisory Group (CAG) to monitor progress of the Ithaca Falls area and associated contamination. 23. Develop Revisions to the Landmarks Ordinance. 24. Revise Design Review Ordinance and Develop Citywide Design Guidelines. 25. Revise Site Plan Review Ordinance to include new stormwater regulations, pedestrian and bicycle standards, planting and landscaping standards, increased public notification times, sustainability and green building standards. 26. Revise Subdivision Ordinance to be more in line with revisions to the Site Plan Review Ordinance and the Environmental Review Ordinance. 27. Complete City’s Historic Preservation Design Guidelines. JoannC Page 3 1/6/2012