HomeMy WebLinkAbout10-10-12 Planning & EDC Meeting Agenda* R E V I S E D *
MEETING NOTICE
City of Ithaca
Planning & Economic Development Committee
Wednesday, October 10, 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 (6:00 pm)
D. Announcements, Updates and Reports (6:10 pm)
1. Intermunicipal Planning Coordination
2. Dredging / Hydrilla
3. Emerson
4. Commons
5. Energy Action Plan
6. Collegetown Zoning
7. Parking Requirements
(minimums and R1/R2 updates)
E. Action Items
1. Neighborhood Improvement Incentive Fund (NIIF) (6:15 pm)
(Fall Creek Neighborhood Block Party: memo, application, resolution)
2. Site Plan Review Ordinance (6:20 pm)
(ordinance with non-substantive revisions)
3. Historic Slate and Stone Sidewalks – Proposed Policy Change (6:25 pm)
(resolution)
4. Hotel Ithaca – Use of City Land (6:35 pm)
(concept memo, map, lead agency resolution, neg dec resolution, permanent
easement agreement, resolution)
5. Changes to Community Investment Incentive Program (6:50 pm)
(List of projects that have received abatements, list of community benefits targeted in
existing program, revised policy form/application, resolution)
F. Discussion Items
1. Agenda Planning – potential upcoming items
Landmarks ordinance, public art approval process, downtown density zoning
G. Approval of Minutes
H. Adjournment (7:30 pm)
Direct questions about the agenda to Jennifer Dotson, Chairperson, (jdotson@cityofithaca.org or 351-5458) or 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. The agenda order 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, October 9, 2012.
Item # E1a
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: planning@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
TO: Planning & Economic Development Committee
From: Megan Wilson, Planner
RE: Neighborhood Improvement Incentive Fund
DATE: October 1, 2012
Attached is an application for the Neighborhood Improvement Incentive Fund (NIIF)
from residents of Fall Creek pertaining to the neighborhood’s annual block party held on
August 26, 2012. The application has been submitted by Maria Costanzo, a
neighborhood resident and an organizer of the event. This event has been held annually
for several years and is intended to promote a sense of community within the
neighborhood.
In past years, the Neighborhood Improvement Incentive Fund has supported celebrations
in many city neighborhoods that focus attention on neighborhood empowerment and
solidarity. Expenditures related to the event include food and compostable tableware,
both of which meet criteria for reimbursement. Residents of the Fall Creek neighborhood
donated their time for promotion of the event, set up, food preparation, and clean up. By
putting together this event on behalf of the neighborhood, the residents are furthering the
aims of the fund to support initiatives that strengthen city neighborhoods.
ascospore_4:users:maria:documents:home:fcna:block party:mcostanzo_niif_applic2012.doc
CITY OF ITHACA
NEIGHBORHOOD IMPROVEMENT INCENTIVE FUND
The Neighborhood Improvement Incentive Fund has been established by the City of Ithaca to encourage
those who are concerned about the physical and social quality of our neighborhoods to think creatively
and practically about improvement projects. The fund was created to support a wide range of projects,
including but not limited to neighborhood cleanups, plantings in public spaces, neighborhood events
such as area-wide reuse events or block parties, and neighborhood meetings. The fund is not meant to
substitute for neighborhood fund raising or capital improvements to neighborhoods; instead, it is
intended to hasten completion of small projects and to stimulate, or “seed,” larger projects.
Requests for payment for event organizers or for hours spent making physical improvements are not
eligible under this program ― the aim is to encourage, not to replace, volunteerism. Funds will be
distributed in increments not to exceed $300 per year to any one group. Preference will be given to
neighborhoods not recently granted money from the fund. Political or partisan activities (e.g., a meet-
the-candidates night) will not be eligible unless all the candidates for the office are invited. Applications
will be reviewed by the Planning & Economic Development Committee of Common Council, which is
authorized to approve expenditures for projects that fall within the guidelines. The Committee meets on
the third Wednesday of each month. Applications should be submitted ten days in advance of the
meeting to Megan Wilson, Planner, Department of Planning & Development, City Hall, 108 East Green
Street, Ithaca, NY 14850. Please submit printed materials (flyers, newsletters, etc.) related to the
application when they are available, either with the application or upon later completion. For additional
information contact Megan Wilson, 274-6550.
The Neighborhood Incentive Fund award is a reimbursement grant. At the completion of an
event or project, applicants must submit a City voucher with original receipts attached, to the
Department of Planning & Development. Regretfully, the City cannot reimburse the expense of
sales tax. If you need assistance with the reimbursement process, you may contact Megan Wilson
or Debbie Grunder at 274-6550 in the Department of Planning & Development.
Requirements:
1. The application requires a brief description of the proposed project, a project budget, including a
verifiable estimate of the cost of items for which the request is being made, and signatures of
neighborhood residents. For requests under $100, five signatures are required; for requests over
$100, twenty signatures are required.
2. The project must benefit the general neighborhood, not a select few residents. One competitive
basis for evaluating requests will be the number of residents who benefit from the project.
CITY OF ITHACA
108 East Green Street, 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: planning@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
Item # E1b
ascospore_4:users:maria:documents:home:fcna:block party:mcostanzo_niif_applic2012.doc
Date: __9/14/12_____________ App. #__________
(Office Use)
APPLICATION
Neighborhood Improvement Incentive Fund
Applicant Information
Neighborhood Group/Ward #: _____5_______________________________________________
Applicant Contact: ___Maria Costanzo__________________________________________
Address: ______206 Utica St., Ithaca NY 14850________Telephone:__(607) 319-4346________
......................................................................................................................................................
Project Description
Describe the entire project and indicate those elements for which you are seeking incentive funds. Who
will benefit from the project/ and how? Does the project involve any donated materials or labor? What
is the project schedule?
____________________________________________________________________________________
The annual Fall Creek neighborhood block party on Utica St. was held on August 26, 2012. This event
has taken place for at least 10 years, and has continued to grow and to draw in Fall Creek residents from
beyond Utica St. This year, we had good weather and the usual good turnout of about 50 people. The
party included grilled food, dish-to-pass, and homemade pies. Unfortunately, we didn’t have enough pie
entries to hold the usual pie contest, and we decided that we need to publicize that aspect more next
year! We are requesting reimbursement for basic food items (hot dogs and burgers, buns, condiments,
soft drinks) and compostable tableware. All of the food and tableware waste was composted with
Cayuga Compost. This event promotes a great feeling of community in the neighborhood and we ask
your help to continue the tradition.
____________________________________________________________________________________
__________________
Project Budget
List any additional sources of cash, approximate value of any donations and approximate hours of
donated labor. For projects under $100, it is required that you obtain signatures of five neighborhood
residents; for projects over $100, twenty signatures are required.
Total Cash
$___157.30___
Amount Requested
$__155.91____
Donated Labor
________10_______hrs
__planning, shopping,
distributing flyers,
setup, cooking,
cleanup______________
Donated Materials
list items_____________
flyers – printed and
copied, dish-to-pass, use
of grills, chairs, tables,
tents
Item # E1b
Item # E1 c
Item # E1 d
Planning & Economic Development Committee
October 10, 2012
RESOLUTION: Request for Neighborhood Improvement Incentive Funds for the Fall Creek
Neighborhood Block Party, August 2012
WHEREAS, the City of Ithaca Common Council established the Neighborhood Improvement
Incentive Fund in 1995 to provide financial assistance to city residents seeking to
improve the quality of life in their neighborhoods, and
WHEREAS, the fund is intended to support residents' interest in community improvement and to
encourage, not replace volunteerism, and
WHEREAS, the funds are intended to be used for projects or events that provide a general
neighborhood benefit and not for the limited benefit of individuals or a select few
residents, and
WHEREAS, activities specified by the Council as eligible for the funding include but are not limited
to items such as neighborhood clean-ups, planting in public places, and organizing
neighborhood events like neighborhood block parties or meetings, and
WHEREAS, neighborhood groups are required to submit a completed application specifying other
project donations, estimated volunteer hours, estimated costs to be covered by the fund
and signatures of residents in the immediate neighborhood, and
WHEREAS, to streamline the process the Council has delegated authority to approve applications to
the Planning & Economic Development Committee, and
WHEREAS, each neighborhood group is eligible to receive up to $300 per year as a reimbursement
award payable on the submission of original receipts or invoices for approved activities,
and
WHEREAS, the City cannot reimburse residents for sales tax expenses, and
WHEREAS, on behalf of neighborhood residents, Maria Costanzo has submitted an application for
reimbursement funds to off-set $155.91 in expenses from the Fall Creek neighborhood’s
annual block party, and
WHEREAS, notice of the block party was circulated throughout the neighborhood, and the event
provided an opportunity for socializing with diverse groups of residents; now, therefore,
be it
RESOLVED, that the Planning and Economic Development Committee approves the funding request
from Maria Costanzo in the amount of $155.91 for reimbursement upon presentation of
original invoices and/or receipts.
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Proposed Resolution
Planning Committee
October 10, 2012
An Ordinance Amending the Municipal Code of the City Of Ithaca to Repeal and Replace
Chapter 276, Entitled “Site Plan Review”
WHEREAS, Chapter 276 of the Municipal Code of the City of Ithaca, Site Plan Review, was
first enacted in 1989 and was repealed and replaced in 1999, and
WHEREAS, amendments to Chapter 276 have been proposed, the purpose of which are to
correct and clarify language, resolve inconsistencies, and make substantive changes regarding
applicability thresholds, evaluation criteria, public notification requirements and the rate and
payment of fees, 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:
§ 276-1. Intent.
The intent of this chapter is to provide for the review of site plans for certain land uses in the
City of Ithaca for the purpose of:
A. Preserving and enhancing neighborhood character.
B. Achieving compatibility with adjacent development and uses.
C. Mitigating potentially negative impacts on traffic, parking, drainage, the landscape and
similar environmental concerns.
D. Improving the design, function, aesthetics and safety of development projects and the overall
visual and aesthetic quality of the city.
E. Promoting environmental sustainability in new development, redevelopment and long term
planning.
§ 276-2. Definitions.
A. Definitions of specific terms or words as used in this chapter shall conform to the definitions
of the same terms in the Zoning Ordinance, Chapter 325, § 325-3.
B. In addition to the definitions in Chapter 325, the following terms shall be used in this chapter
as they are defined in this section:
Deleted: August 8
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AFFECTED SITE AREA -- Any area (including new and modified gross floor space) that is
physically changed as a result of the proposed development. Such changes do not have to be
permanent or irreversible for the area to be considered affected. For example, a construction
staging area will be considered an affected area if tree damage or significant soil compaction
is likely to result.
BOARD -- The Planning and Development Board, unless otherwise specified.
COMMISSIONER -- The Building Commissioner for the City of Ithaca, New York.
DEVELOPMENT -- Any land use activity or project which requires a permit from the
Building Department and will result in changes to the physical condition, appearance or type
of use, or intensity of use, of property.
(1) Development projects include but are not limited to:
(a) New construction, reconstruction, modification or expansion of existing structures or
site improvements.
(b) Landfilling, excavation, grading, parking lot construction or any other disturbances
to the natural or existing topography or vegetation of the site.
(c) Demolition of structures or site improvements.
(2) A project shall not be considered a development if it is one or a combination of the
following:
(a) Replacement in kind only; or
(b) Interior construction only; or
(c) Infrastructure maintenance only.
DIRECTOR -- The Director of Planning and Development for the City of Ithaca, New York
or his/her designee.
EXPANSION -- An enlargement of, or addition to, an existing structure or a paved area,
including driveways, parking areas and sidewalks.
MODIFICATION -- Rearrangement of site layout or an exterior alteration to an existing
structure (including any changes to a building facade, except replacement in kind).
PERFORMANCE GUARANTY -- Any security that may be accepted by the city as a
guarantee that the improvements required as part of site plan approval will be satisfactorily
completed.
RECONSTRUCTION -- Construction of buildings or site plan improvements following total
demolition of a previous development.
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REPLACEMENT IN KIND -- Replacement of materials (for maintenance purposes) which
does not have an effect on the appearance of the existing building and site.
SITE IMPROVEMENT -- Features including but not limited to planting, paving, retaining
walls, drainage culverts and swales, fences and gates, lighting, site furniture, fountains,
pools, bridges, dams, decks, boardwalks, pergolas, signs and any other accessory structures,
devices or landscape materials on the site.
SITE PLAN -- The development plan showing the existing and proposed conditions,
including but not limited to topography, vegetation, drainage, floodplains, marshes and
waterways; open spaces, walkways, means of ingress and egress, utility services,
landscaping, structures and signs, lighting and screening devices; submitted along with
building plans, elevations and building materials; and any other information that may be
reasonably required to allow an informed decision to be made by the Board or the Director.
STORM WATER POLLLUTION PREVENTION PLAN (SWPPP) –A plan to identify and
mitigate stormwater impacts as defined in Chapter 282.
§ 276-3. Applicability; exceptions.
A. General applicability.
(1) Site plan review (SPR) applies to all new construction and reconstruction of both
residential and non residential development (except that excluded by §276-3C),including
parking areas of three or more spaces in residential zoning districts.
(2) Upon the concurrence of the Director and the Superintendent of Public Works or upon the
direction of Common Council, site plan review (SPR) applies to construction of
landscape and infrastructure improvements which do not normally require a building
permit, but nervertheless have an extensive public use, prominent visibility, or a
potentially large environmental impact, such as construction of trails or trailheads,
development of, or improvements to, existing parks; construction or reconstruction of
bridges; and rebuilding of public or private streets that involve streetscape improvements.
B. Projects of limited scope.
(1) The Director shall have the authority to review and act on a development proposal if the
proposed project meets the description in § 276-3A but is below the thresholds
described below. For such projects of limited scope, reviewed by the Director, a public
hearing is not required. The Planning and Development Department shall be the lead
agency in the environmental review of such projects, except for projects that meet the
description in 276-3A(2), which shall follow environmental review laws or regulations
for determination of lead agency. There shall be no requisite review of the
environmental assessment forms (EAF) by the Conservation Advisory Council (CAC) in
these cases. See § 276-5C for situations when projects of limited scope will be referred
to the Board for a full review. The upper thresholds for projects of limited scope are:
Deleted: (2)Site
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(a) All new construction and reconstruction of single-lot residential development of a
single-family detached or semidetached dwelling or a two-family dwelling.
(b) Modification and expansion of residential development involving 4,000 square feet
(sf) or more of total affected site area.
(c) New construction, reconstruction, modification or expansion of nonresidential
development in residential zones involving 3,000 sf of total affected site area.
(d) Modification and expansion of nonresidential development in nonresidential zones,
involving 10,000 sf of total affected site area.
(e) Construction of landscape and infrastructure improvements as described in § 276-
3A(2).
(2) When an application is received for site plan review under the provisions for projects of
limited scope as noted above, the Director shall, within 10 working days of the date of
the submission of the application, notify the Council members in whose ward the project
is to be located.
C. Exemption:
(1) Existing uses and developments which in their present configuration and use are
legally authorized as of the date of this legislation shall not be subject to SPR.
(2) Exterior modifications to an existing single-lot residential development of a single-family
detached or semidetached dwelling or a two-family dwelling, including additions,
porches, façade changes, landscaping and site improvements, excluding the development
of parking areas for 3 or more cars as required under §325-20.
D. City and other government projects. For city and other government projects, the threshold of
applicability, the review procedure and the review criteria shall be the same as for all SPR
applicants unless the Common Council decides that any particular government project shall
be reviewed on an advisory basis only. However, even if a project is subject to advisory
review only, no construction shall begin until the Board or the Director has completed the
review, including the issuance of any findings and recommendations that the Board or the
Director determines to be appropriate. Projects subject to advisory SPR only shall be
presented to the Board for review beginning as early as possible, and in any case no later
than when the environmental review is started. The Board may or may not be the Lead
Agency of the environmental review of projects subject to advisory SPR only.
§ 276-4. Other permits and approvals.
An approved site plan shall be binding on all further permits and approvals needed for the
project. The Board or the Director's decision to approve a site plan does not excuse an applicant
from complying with all other permits and approvals that may be needed, including but not
limited to street and sidewalk permits, utility permits and tree permits.
Item # E2a Formatted: Font: Arial, 14 pt, Bold
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A. Permits from Building Department. For projects subject to SPR, a permit from the Building
Department shall be issued only after SPR approval has been granted. In a case where a
conditional SPR approval has been given, no certificate of occupancy or completion shall be
issued until final SPR approval has been given and all conditions of such final approval have
been met. See also § 276-9.
B. Variances.
(1) Any required variance must be obtained from the Board of Zoning Appeals before the
Planning Board will issue preliminary or final site plan approval.
(2) For projects that require both a variance and site plan approval, the Planning Board
will act as Lead Agency in the environmental review for both actions. The BZA
cannot grant a variance until the the Planning Board has completed the environmental
review.
C. Storm Water Pollution Prevention Plans (SWPPP). All Storm Water Pollution Prevention
Plans must be approved by the Stormwater Management Officer (SMO) in accordance with
§282 before final site plan approval is granted.
§ 276-5. Authorization to review site plans.
A. The Planning and Development Board is authorized to conduct SPR according to the
procedures described in § 276-6.
B. The Director is authorized to conduct SPR of projects of limited scope as defined in § 276-
3B.
C. In projects of limited scope the Board shall conduct SPR according to the procedures
described below in § 276-6, when the following conditions arise:
(1) There is public controversy concerning the proposed development, as determined by the
Board or the Director.
(2) The application is referred to the Board by the Director.
(3) The applicant appeals to the Board after decision by the Director is made.
§ 276-6. Site plan review (SPR) procedures.
A. Process initiation.
(1) The Building Commissioner shall determine whether SPR is required when an
application for a building permit, a demolition permit, or a fill permit is filed. Such
determinations may be appealed to the Planning and Development Board within 30 days
of the written notification that SPR is required.
(2) For projects which do not require a building permit, as described in 276-3A (2), the
Director may request of the Superintendent of Public Works that a project be subject to
SPR. If the Superintendent and Director concur, then the project shall be subject to SPR.
Deleted: Projects
Deleted: §
Deleted: ) shall be submitted to
Deleted: Planning
Deleted: for sketch plan.
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If they do not agree, the Director may request that Common Council decide if SPR shall
apply. The Director shall, in accordance with 276-5C, determine if the project requires
review by the Board.
B. The following procedures are required for both full site plan review and projects of limited
scope:
(1) Sketch plan conference with planning staff, or when appropriate, with the Board as a
whole. This step may occur before the application for a building permit if it can be
reasonably assumed that SPR would be required, in order to inform the applicant of the
SPR process and to explain the standards for approval, before substantial time and effort
are invested in the preparation of plans. The Director should determine at this stage
whether the proposal is a project of limited scope as defined in § 276-3B.
(2) Submission of application materials.
(a) Applicants must submit a complete site plan review application, including all
applicable materials as described in the Site Plan Review Checklist, which may be
obtained from the Department of Plannign and Development.
(b) Additional application materials may be required by the Board. Depending on the
scope and complexity of the project, the Board has the discretion to require
applicants to engage the services of licensed design professionals and other experts
such as architects, landscape architects, engineers, ecologists or surveyors.
(c) For all new construction and reconstruction of single-lot residential development of a
single-family detached or semidetached or a two-family dwelling, applicants must
complete the Residential Infill Neighborhood Compatibility Review Application,
which may be obtained from the Department of Planning and Development
(3) Environmental review. An environmental review of the proposed development shall be
conducted prior to SPR approval in accordance with § 176 of the City Code.
C. The following procedures are required for full Site Plan Review and not required for projects
of limited scope:
(1) Public notice
(a) By mail. At least 20 days before the first meeting at which the Planning and
Development Board considers either a determination of environmental
significance or preliminary site plan approval, the applicant shall notify the
record owners by mail of all properties within 200 feet of the project site.
Such notice shall be in the form approved by the Board, briefly state
essential facts about the proposal, include the proposed site plan, and
inform recipients of the date, time and place of the meeting and the place
where further information about the proposal and the review process may
be obtained. Applicant shall provide the Board with certification of
compliance for notice procedures.
Deleted: .
Deleted: 5 C
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(b) By posting. At least 20 days before the first meeting at which the Planning
and Development Board considers either a determination of environmental
significance or preliminary site plan approval, the applicant shall post a
sign at the center of each property line of the project site which fronts on a
public or private roadway or public right-of-way. Such signs shall be
continuously maintained and displayed facing the roadway until final
action has been taken by the Board to approve or deny the site plan. The
required signs shall be obtained from the Department of Planning and
Development, and a nonrefundable fee shall be paid for each sign or
replacement obtained. At the time such signs are obtained, the applicant or
the applicant's representative shall indicate, in writing, the date on which
the signs are to be erected.
(c) By newspaper. The hearing on the preliminary site plan shall be advertised
in a newspaper of general circulation in the city at least five days before the
hearing.
(2) Coordination and consultation. SPR projects requiring the review and approval
of the Board may also be reviewed by the Building Department, the Engineering
Office, the Fire Department, the City Forester and any other city officials or non-
city consultants deemed appropriate by the Planning Board or the Director. Any
comments from these reviewers shall be summarized and forwarded to the Board
to aid its decision on the proposal.
(3) Planning and Development Board meeting. Following timely receipt of a
complete application for site plan approval, the Board shall schedule
consideration of the application at its earliest possible scheduled meeting. The
Board may establish its procedures and requirements, within the framework
provided by this chapter, for conducting site plan review.
(4) Public hearing. Prior to rendering any decision on a SPR application, the Board
shall first hold a public hearing on the proposed development. This may begin
concurrently with any required public hearing for the purpose of environmental
review of the same project and may continue after any such environmental
review public hearing is closed. Public hearings are not required for projects of
limited scope as defined in § 276-3B, unless the project is referred to the Board
for SPR
(5) Action on application for site plan approval.
(a) Within 65 days after completion of environmental review on a complete SPR
application, the Board (or the Director if it is a project of limited scope as
defined in § 276-3B) shall render one of the following decisions:
[1] Preliminary approval only.
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[2] Preliminary approval with conditions.
[3] Preliminary and final approval.
[4] Preliminary and final approval with conditions.
[5] Disapproval of the site plan.
(b) In the case where a Board's action is required and where preliminary approval
only is granted, final approval shall be considered at the earliest scheduled
Board meeting subsequent to the applicant's submittal of an adequately
revised site plan, whereupon the Board shall render one of the following
decisions:
[1] Final approval.
[2] Final approval with conditions.
[3] Disapproval of the site plan.
(6) Communication of decision. The Building Commissioner and the applicant shall
be notified, in writing, of a site plan review decision no later than 10 working
days after the date of decision. When a site plan is approved, a stamped copy of
the approved site plan, including any conditions of approval, shall accompany
the notification to the Building Commissioner.
D. Changes to approved site plan. Proposed changes (whether before or after construction) to
approved site plans must be submitted to the Commissioner for review to determine whether
the effect of the proposed changes warrants reconsideration of the project's approval status.
The Commissioner in consultation with the Director shall make one of the following
determinations:
(1) That the proposed changes do not affect the approval status of the site plan.
(2) That the changes are significant and shall require a reopening of the review.
(3) That the proposed changes are likely to have such an extensive or significant effect on the
project that a new SPR application is required.
E. Extension of deadlines. All deadlines for decisions on an SPR application may be extended
upon mutual agreement by the Board and the applicant.
§ 276-7. Project review criteria.
A. General criteria:
(1) Avoidance or mitigation of any negative impacts. The following shall be emphasized in
particular:
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(a) Erosion, sedimentation and siltation control in accordance with §282 of the City
Code.
(b) Protection of significant natural features and areas, including but not limited to trees,
views, watercourses or bodies of water and land forms, on or near the site. The
protection of existing mature vegetation, especially trees over eight inches DBH
(diameter-breast-height) may be required unless a justification for their removal can
be made by the applicant.
(c) Protection of, and compatibility with, other nearby features and areas of importance
to the community, including but not limited to parks, landmarks, neighborhoods,
commercial areas, and historic districts.
(2) Compliance with all other regulations applicable to the development. These include, but
are not limited to, the Zoning Ordinance, Sign Ordinance, Subdivision Regulations,
Storm Water Regulations Ordinance, Landmarks Preservation Ordinance, Exterior
Property Maintenance Ordinance and Environmental Quality Review Ordinance of the
City of Ithaca,1
iiEN and the State Environmental Quality Review Act.3
iv[Amended 6-13-
2001 by Ord. No. 2001-8]
(3) Improvement of the visual quality of the site and its vicinity through:
(a) The presence of a perceivable form and order in the basic layout of the major
architectural and landscape elements.
(b) The proper and effective use of landscape architectural elements such as plantings,
land forms, water features, paving and lighting, including the location and
appearance of proposed signage. [Amended 3-5-2003 by Ord. No. 2003-8]
(c) An appropriate arrangement, form, scale, proportion, color, pattern and texture of
buildings and other site improvements.
(d) An appropriate relationship between the proposed development and the nearby
streetscape, landscape, and the built environment.
(e) The integration of works of art on the site where appropriate and possible. [Added 3-
5-2003 by Ord. No. 2003-8]
(f) The appropriate arrangement of landscape and architectural elements to preserve
existing views both to, from and through the site.
(4) Adequate wastewater and sewage disposal facilities. Calculations of the existing and
estimated increased loads on the system may be required.
(5) Adequacy of fire lanes and fire and emergency access and the availability of fire
hydrants.
Deleted: i
Deleted: iii
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(6) Safe arrangement of vehicular access, circulation, intersections and traffic controls.
Analysis of the project's impact on parking and traffic may be required, including
sight lines at curb cuts.
(7) Handicap accessibility of buildings, pathways and parking in accordance with ADA
standards.
(8) Safe and convenient pedestrian and bicycle access and circulation, including
provision of sidewalks along public streets, unless applicant demonstrates that a
sidewalk is not feasible due to site constraints. This criterion does not overrule the
authority of the Board of Public Works as defined in the City Charter and City Code.
(9) Open space for play areas and informal recreation in the case of a residential
development.
(10) Provisions for energy efficiency, renewable energy, and green design as determined
by the Board
(11) Conformance to any endorsed or adopted urban design plan or comprehensive plan
relevant to the proposed site.
(12) For new construction of multiple dwellings, commercial buildings and office
buildings, adequate and appropriately located facilities for the storage and collection
of solid waste and recyclable materials shall be required. Developers of new
commercial and mixed-occupancy buildings must design a waste management system
that can support the needs of any allowable use in the building, including those uses
that could result in maximum garbage generation. Screening of these facilities, as
well as other actions relating to the appearance of the facilities, may be required in
accordance with the Exterior Property Maintenance Ordinance, Chapter 178 of the
City of Ithaca Municipal Code. [Amended 6-13-2001 by Ord. No. 2001-8; 3-5-2003
by Ord. No. 2003-8]
(13) Shielding or reduction of noise from mechanical equipment and other sources to the
extent reasonably practicable.
(14) Screening or architectural integration of a building’s or structure’s exterior
mechanical equipment.
(15) The scope and definition of the proposed development shall include all previous
development on the property occurring within the past two years within 200 feet of
the proposed development which, when considered together, may have a substantial
aggregate effect on the surrounding properties. (See definitions of "development" and
"affected site area" in § 276-2B.)
B. Criteria for plant materials and maintenance. All projects shall provide for adequate types
and arrangements of landscaping, both to enhance the site and to complement the
Deleted: a
Item # E2a Formatted: Right
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architectural components of the development and to screen or buffer adjacent uses in public
ways. Use of invasive species should be avoided. Where possible and reasonable, trees shall
be planted in an 8’ tree lawn adjacent to the road. The City Forester shall, when appropriate,
be consulted regarding specifications governing tree species, size, spacing and method and
location of planting. Appropriate guaranties for tree health may be required. Where possible
and reasonable, any trees greater than 8 inches in diameter at breast height of desirable
species and in good health and sound structure, as determined by the City Forester, should be
retained on the site and protected during development per the requirements of § 306-7B of
Chapter 306, Trees and Shrubs.
(1) Deciduous trees shall have a caliper of at least 2 1/2 inches at the time of planting. Size of
evergreen trees and shrubs may vary depending on location and species.
(2) All plant materials shall be installed to the following standards:
(a.) All planting beds to be excavated to a minimum depth of two feet.
(b.) Tree pits in lawn to be excavated to depth of root ball plus 6” and shall be 3X the
width of the root ball.
(c.) All trees in lawn areas to receive 5’ diameter mulch rings.
(d.) Only nursery-grown plant materials shall be acceptable. All trees, shrubs and
ground cover shall comply with applicable requirements of ANSI Z60.1
“American Standard for Nursery Stock”.
(e.) No plants or trees shall be located beneath building overhangs.
(f.) Depending on site design and soil conditions, structural soil may be required
under sidewalks and in planting beds contiguous to paved areas. The City
Forester and/or the Director shall work with the applicant to determine the need
for structural soil and the extent of its use.
(3) Dead, dying and/or seriously damaged plant materials of the approved site plan shall be
replaced, by the owner, within a reasonable time period during the current (or immediate
next) planting season. Any other damaged or missing elements, including but not limited
to fences, bollards, signs, shrubs, street furniture, etc., of the approved plan must be
similarly replaced by the owner. This will assure that landscaping remains in compliance
with the final site plan as approved by the Planning and Development Board.
(4) For projects on City property, the City Forester and the Shade Tree Advisory Committee
shall be consulted in plant species selection and planting soil specification.
(5) Notwithstanding any provision in this chapter or any other City ordinance or regulation to
the contrary, an approved site plan may not be modified without express written approval
of the Planning and Development Board except as approved by the Building
Commissioner upon consultation with the Director as specified herein above.
Item # E2a Formatted: Right
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C. Criteria for automobile parking areas. All parking areas shall be designed in conformance
with §325.20 of the City Ordinance. The Board may make such additional reasonable
stipulations as it deems appropriate to carry out the intention of this chapter. (
(1) Parking areas in Residential Zoning Districts. In order to protect the character of
residential areas, plans for parking areas with the capacity of three or more cars
within residential zoning districts must conform to either the setback compliance
method or, at the discretion of the Planning Board, the landscaping compliance
method described respectively in § 325-20E(5)(a) and (b). Such plans must also
comply with all other general and specific standards of § 325-20. Where
turnarounds, or other maneuvering spaces not required for access to parking
spaces, are provided that meet minimum size for a parking space, they shall be
counted as a parking space for the purposes of this subsection.
(2) Applicants are encouraged to design parking areas with pervious paving when
feasible.
D. Criteria for bicycle parking facilities. Bicycle parking shall be required for all uses requiring
site plan review as per Sec. 276-3(A)(1) except as may be determined by the Board or the
Transportation Engineer. Covered bicycle parking is strongly recommended.
Deleted: 2
Item # E2a Formatted: Right
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§ 276-8. Fees.
A. Application fees. The application fees shall be based on the total construction, site work,
and landscaping cost and shall be charged in accordance with the following schedule.
Type of Approval Project Cost Application Fee
Less and $10,000 $75
$10,000 to
$50,000
$150
$50,000 to
$100,000
$300
Full Site Plan Review
Over $100,000 $1.50 per $1,000
Less than $50,000 $150 *Modified Site Plan
Review $50,000 or more $250
Limited Site Plan
Review
Any Amount $50
*The Fee Schedule for Modified Site Plan Review applies only to modifications to the approved site plan
that do not trigger reconsideration of the determination of environmental significance. Modifications that
require additional environmental review shall follow the fee schedule for Full Site Plan Review .
B. Payment of Fees. For site plan review projects that require a use or area variance from
the BZA, 50% of the fee is due at the time of application and 50% is due after the
Planning Board completes environmental review. For all other projects, the full fee is due
at the time of application.
C. For all government projects and projects that fit the description in Section 276-3A(2), the
site plan review fee shall be waived.
§ 276-9. Performance guaranty.
No certificate of occupancy or certificate of completion shall be issued until all improvements
required by site plan approval are installed, and including any conditions placed on such
approval are fulfilled, or until a sufficient guaranty, in the form of a performance bond, letter of
credit or other security, is in place. The Building Commissioner shall be responsible for the
overall inspection of site improvements.
§ 276-10. Expiration of approval; extension of approval. [Amended 12-12-2001 by Ord. No.
2001-12]
Item # E2a Formatted: Right
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If the construction of a development has not commenced within two years of the date of the site
plan approval, such approval shall expire, unless an extension has been granted by the Board
following a written request by the applicant. An application for an extension of SPR approval
shall not be considered a new SPR application. This regulation does not apply to government
projects and projects that fit the description in Section 276-3A(2).
§ 276-11. Enforcement; inspections; penalties for offenses.
Development projects may be periodically inspected for conformance to the approved site plan,
including the maintenance of the viability of the planting required as part of the site plan
approval. If there is nonconformance, or if any conditions of SPR approval are not fulfilled, no
certificate of occupancy or certificate of completion shall be issued. Where a development
reverts to nonconformance after the issuance of a certificate of occupancy or certificate of
completion, current owners of the development shall be notified, in writing, and given the
opportunity to correct the situation. If the Director determines that the corrective measures are
inadequate, the city shall implement any necessary changes to the site to bring it into
conformance, the cost of which shall be charged to the property owner. In addition, a fine of
$50/day may be imposed for any violations of the provisions of this chapter or of any conditions
imposed by a permit issued pursuant to site plan approval. Development projects shall be
inspected at least once two years after the issuance of a certificate of occupancy or certificate of
completion.
§ 276-12. Appeals.
A. The determination (by the Building Commissioner) of whether a development proposal is
subject to SPR may be appealed to the Board within 30 days of the written notification that
SPR is required.
B. Any person aggrieved by any decision of the Director may appeal to the Board.
C. Any person aggrieved by any decision of the Board, or any officer or agency of the city,
regarding SPR, may apply to the Supreme Court for review by a proceeding under Article 78
of the Civil Practice Law and Rules.
§ 276-13. Severability.
If any section, paragraph or provision of this chapter shall be determined to be invalid, such
invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of
this chapter shall remain valid and effective.
Item # E3a
Policy with Regard to Historic Slate and Stone Sidewalks
WHEREAS, in its establishment of the Ithaca Landmarks Preservation Commission (ILPC),
Common Council has demonstrated a commitment to safeguarding the City's historic, aesthetic
and cultural heritage as reflected in the City’s buildings, structures, landscape features,
archeological sites, and districts, and
WHEREAS, the Common Council has the power and authority to delegate to the ILPC review of
City projects on City land or impacting City resources to ensure that the goals of historic
preservation are fulfilled, and
WHEREAS, on July 5, 2000, Common Council approved a resolution stating that the City would
defray any additional costs to replace existing stone and slate walks in kind with stone, and
WHEREAS, presently there is no local or readily economical source for slate to replace
sidewalks and the cost of such replacement is likely to be many times more expensive than
traditional replacement and requires unique skill to handle and install, which is not currently
possessed by City staff, now, therefore, be it
RESOLVED, that the Common Council hereby finds that City-controlled sidewalks of all types,
as a core public works function, shall not be subject to ILPC review, and be it further
RESOLVED, that the Common Council supports private property owners’ desire to replace slate
and stone sidewalks in kind; but the City will no longer assist in defraying the additional costs to
replace existing slate and stone in kind, and be it further
RESOLVED, that the ILPC shall retain jurisdiction as otherwise delegated by Council over non-
sidewalk City-controlled projects when the City or its agents are working in or on a designated
historic district or landmark.
To: Svante Myrick, Mayor
Bill Gray, Superintendent of Public Works
Common Council
Julie Holcomb, City Clerk
Ari Lavine, City Attorney
Phyllis Radke, Building Commissioner
JoAnn Cornish, Deputy Director of Planning and Development
From: Tom West, Assistant City Engineer
Date: October 5, 2012
Re: Hotel Ithaca, 120 South Aurora Street – Easement to encroach upon City property
The City of Ithaca proposes to grant easements on parcel 70.-4-4.1 and the right of way of
South Aurora Street located at 120 South Aurora Street in anticipation of construction of a hotel
on that property. The easements will be granted to Hotel Ithaca, LLC. The easements will
encroach approximately 1700 square feet upon property owned by the City (Easement A and
easement B, see attached map dated 9/12/12.
Easement A includes approximately 1600 square feet, primarily within the boundary of Parcel
70.-4-4.1. The encroachments will include projections of upper story canopies and flag poles as
well as a “no-build” zone north of the projected north face of the building.
Easement B includes approximately 150 square feet (approximately 50 square feet is concurrent
with area of easement A) within the right of way of South Aurora Street. The encroachments
permitted within this easement will include terraced planters located at-grade at the
southeasterly corner of the building and a marquis projected above the main entry to the hotel.
The marquis will project no closer to the curb line than 24 inches.
Conveying a permanent easement for these encroachments rather than sale of property
appears, at this time, to be in the financial interests of the City.
The authority to convey a permanent easement across City land is vested in the Common
Council, and no such easement shall be issued without the Council's approval. The Board of
Public Works has recommended that the easements be granted. An environmental review for
this action has been prepared and is enclosed for your consideration.
The Planning and Economic Development Committee will consider the proposed action at its
regularly scheduled meeting on October 10, 2012. Your comments are respectfully requested
prior to this meeting. If you have any questions, feel free to contact me at
tomw@cityofithaca.org
Item # 4a
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Planning and Economic Development Committee
City of Ithaca Common Council
Proposed Resolution
October 5, 2012
A Proposed Resolution to Declare Lead Agency Status for the Environmental
Review of Granting a Permanent Easement to Hotel Ithaca, LLC
WHEREAS, the State Environmental Quality Review Act (SEQR) and the City of
Ithaca Environmental Quality Review Ordinance (CEQR), Section 176 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, SEQR and CEQR both provide for an uncoordinated review for
“Unlisted” projects that involve more than one agency, and
WHEREAS, the proposed granting of a permanent easement to Hotel Ithaca,
LLC, at 120 S. Aurora St., is an “Unlisted” action under SEQR and is an
“Unlisted” action under CEQR; now, therefore, be it
RESOLVED, that the City of Ithaca Planning and Economic Development
Committee does hereby declare itself lead agency for the environmental review of
the granting of a permanent easement to Hotel Ithaca, LLC
Item # 4c
Planning and Economic Development Committee
City of Ithaca Common Council
Proposed Resolution
October 5, 2012
Environmental Review for an Action to Grant a Permanent Easement to Hotel
Ithaca, LLC
WHEREAS, the Planning and Economic Development Committee has declared itself to
be the lead agency for the environmental review for a project (“the Project”) entitled
“Grant a Permanent Easement to Hotel Ithaca, LLC” in accordance with Section 176 of
the Ithaca City Code (CEQR) and in accordance with Article 8 of the New York State
Environmental Conservation Law (SEQR), and
WHERAS, the Project is an Unlisted action according to CEQR and an Unlisted Action
according to SEQR, and
WHERAS, a Short Environmental Assessment form was prepared by staff for CEQR and
for SEQR, and
WHERAS, on October 10, 2012, the Planning and Economic Development Committee
declared itself lead agency for an uncoordinated environmental review for CEQR/SEQR,
and
WHERAS, the Planning and Economic Development Committee, acting as lead agency,
has, on October 10, 2012, reviewed and accepted as complete Short Environmental
Assessment Forms Part I and Part II prepared by staff, and Project plans prepared by
staff, now therefore be it
RESOLVED, that the Planning and Economic Development Committee determines that
the granting of a permanent easement to Hotel Ithaca, LLC will result in no significant
negative environmental impact and that a Negative Declaration for purposes of Article 8
of the NYS Environmental Conservation Law be filed in accordance with the provisions
of Part 617 of the State Environmental Quality Review Act and that a Negative
Declaration for purposes of Section 176 of the City Code be filed in accordance with the
City Environmental Quality Review Ordinance.
Item # E4d
Item # E4e
PERMANENT EASEMENT AGREEMENT
AGREEMENT, made this _____ day of October, 2012 by HOTEL ITHACA, LLC, a
New York State limited liability company, with offices as 215 East State Street, Ithaca, NY
14850, hereinafter referred to as "Hotel", and the CITY OF ITHACA, NEW YORK, a municipal
corporation having offices at 108 East Green Street, Ithaca, New York, hereinafter referred to as
the "City."
WHEREAS, Hotel is the owner in fee simple absolute of a parcel of land with
improvements thereon in the City of Ithaca, County of Tompkins and State of New York,
commonly known and designated as 120 South Aurora Street, Ithaca, New York (Tax Map
Parcel 70.-4-___), hereinafter referred to as the “Hotel Property”; and
WHEREAS, the City is the owner in fee simple absolute of a parcel of land in the City of
Ithaca, County of Tompkins and State of New York, commonly known and designated as 220
East Green Street, Ithaca, New York (Tax Map Parcel 70.-4-4.1), hereinafter referred to as the
“City Property”; and
WHEREAS, the Hotel intends to construct certain improvements on the Hotel Property,
which improvements are intended to be located within the confines of the Hotel Property except
for several improvements that are intended to encroach onto the City Property, as shown on a
survey of the Hotel Property entitled "Survey Map, _________________________, City of
Ithaca, Tompkins County, New York" dated ____________________, by
_______________________.
WHEREAS, it is the intent of the City that the Hotel shall be allowed to construct, repair,
replace and maintain said improvements on the City Property.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, and of the sum of One Dollar ($1.00) by Hotel to the City in hand paid, receipt
whereof is hereby acknowledged, the Grantor hereby grants and releases unto the Hotel, its
successors and assigns, the following:
1. A 21-foot wide permanent easement and the right to construct, alter, replace, install,
repair and maintain such improvements and fixtures as are necessary and convenient for
the operation of a hotel on the Hotel Property; the southerly boundary of the easement
area shall be the northerly boundary of the Hotel Property, and the easterly extension
thereof to the westerly street line of South Aurora Street, and the northerly boundary of
the easement area shall be a line which is parallel to and 21-feet northerly of said
southerly easement boundary, and said easement area shall include both the ground level
of the above described area and the airspace above such area; such easement shall be
granted together with the right of ingress and egress over and across the City Property as
may be necessary to the proper use of the rights granted herein.
2. A permanent easement and right to construct, alter, replace, install, repair and maintain
on the City Property such improvements along the easterly boundary of the Hotel
Item # E4e
Property as are more particularly described on Schedule A attached hereto and
incorporated herein by reference, together with the right of ingress and egress over and
across the City Property as may be necessary to the proper use of the rights granted
herein.
3. The permanent easements granted herein shall continue for so long as the improvements
on the Hotel Property shall be in existence and in good repair. Until the easements are
terminated, Hotel shall have the right to enter upon the City Property and facilities to the
extent which may be necessary to effectuate repairs to the improvements within the
easement areas.
4. Hotel's right under this agreement shall terminate when and if the improvements on the
Hotel Property (a) no longer exist, or (b) are removed voluntarily by Hotel. After such
termination, Hotel shall not cause any building or other structure which may be erected or
maintained on the Hotel Property to encroach onto the City Property, except to the extent
that any such encroachments may be permitted by law.
5. Hotel agrees to save the City harmless from any loss, injury or damage arising out of the
use of the easement area or from any negligence or fault of said Hotel, its servants or
agents in connection with the construction and/or maintenance work done under this
agreement. To the extent that Hotel enters upon City Property to effectuate any
construction or repair work as set forth above, Hotel shall be responsible for restoring
such City Property to the condition that existed before the work commenced, but
otherwise Hotel shall have no obligation to or responsibility for maintaining the City
Property or facilities thereon by virtue of this agreement.
6. Hotel agrees to keep the Hotel Property and improvements constructed by Hotel within
the easement area insured at all times in the amount of at least $500,000.00 for personal
liability coverage and to list the City as an additional insured under said insurance policy.
This Agreement shall run with the land and shall be binding upon, and inure to the benefit of, the
respective heirs, executors, administrators, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties
hereto as of the day and year first above written.
HOTEL ITHACA, LLC
___________________________________
By:
Title:
CITY OF ITHACA
By _________________________________
Svante Myrick, Mayor
Item # E4e
STATE OF NEW YORK )
COUNTY OF TOMPKINS )ss.:
CITY OF ITHACA )
On this _____ day of October, 2012, before me, the undersigned, personally appeared
_______________________________, known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity and that by his signature on the
instrument, the individual or the person upon behalf of whom the individual acted, executed the
instrument.
___________________________________
NOTARY PUBLIC
STATE OF NEW YORK )
COUNTY OF TOMPKINS )ss.:
CITY OF ITHACA )
On this _____ day of October, 2012, before me, the undersigned, personally appeared
SVANTE MYRICK, Mayor, known to me or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her capacity and that by her signature on the instrument, the
individual or the person upon behalf of whom the individual acted, executed the instrument as
Mayor of the City of Ithaca.
____________________________________
NOTARY PUBLIC
Item # E4e
SCHEDULE A
(Insert schedule of encroachments along the easterly boundary of the Hotel Property)
Item # E4 f
Planning and Economic Development Committee
City of Ithaca Common Council
Proposed Resolution
October 3, 2012
WHEREAS, Hotel Ithaca, LLC has submitted preliminary plans for the construction of a 10‐story Marriott
Hotel (the “Project”) on the Hotel Property, as hereinafter described; and
WHEREAS, Ithaca Urban Renewal Agency is currently the owner of the premises located in the City of
Ithaca commonly known as 215 East State Street, City of Ithaca, State of New York (Tax Map Parcel 70.‐
4‐4.3) (the “IURA Parcel”), and Ithaca Urban Renewal Agency has entered into a Purchase and Sale
Contract with Ithaca Properties, LLC for the sale of the IURA Parcel to Ithaca Properties, LLC; and
WHEREAS, Ithaca Properties, LLC (formerly known as 4250 Vets Highway, LLC) is currently the owner of
the premises consisting of 0.14 acres of vacant land purportedly fronting on South Aurora Street, in the
City of Ithaca, State of New York (Tax Map Parcel 70.‐4‐4.4) (the “IP Parcel”), and
WHEREAS, Hotel Ithaca, LLC has entered into an agreement with Ithaca Properties, LLC for the
conveyance of the IP Parcel and the assignment of all rights of Ithaca Properties, LLC in and to the
conveyance of the IURA Parcel under the terms of the Purchase and Sale Contract with Ithaca Urban
Renewal Agency, and
WHEREAS, upon conveyance of the IP Parcel by Ithaca Properties, LLC to Hotel Ithaca, LLC and the
conveyance of the IURA Parcel from Ithaca Urban Renewal Agency to Hotel Ithaca, LLC, Hotel Ithaca, LLC
intends to consolidate the two parcels into a single parcel, which shall be known as 120 South Aurora
Street, City of Ithaca, State of New York and shall have a single tax parcel number (hereinafter referred
to as the “Hotel Property”), and
WHEREAS, the City of Ithaca is the owner of the premises fronting on South Aurora Street in the City of
Ithaca, State of New York (Tax Map Parcel 70.‐4‐4.1) (hereinafter referred to as the “City Property”), and
WHEREAS, the City Property adjoins the northerly and easterly boundaries of the Hotel Property, and
pursuant to the preliminary plans submitted to the City of Ithaca by Hotel Ithaca, LLC in connection with
the Project, certain improvements associated with the Project shall encroach onto the City Property, and
WHEREAS, prior to commencement of construction of the Project, Hotel Ithaca, LLC seeks to obtain a
permanent easement from the City of Ithaca to permit the ongoing use of a portion of the City Property
by Hotel Ithaca, LLC and its successors and/or assigns for said improvements associated with the Project
which shall encroach onto the City Property, and
WHEREAS, the portion of City Property over which Hotel Ithaca, LLC seeks to obtain a permanent
easement is almost identical in size, location and layout to the IURA Parcel, and the value of the IURA
Parcel has already been established by the Ithaca Urban Renewal Agency as $30,000, as evidenced by
the Purchase and Sale Contract between Ithaca Properties, LLC and Ithaca Urban Renewal Agency, and
Item # E4 f
WHEREAS, Hotel Ithaca, LLC is prepared to pay to the City of Ithaca a one‐time fee of $30,000 in
connection with the conveyance of a permanent easement, as herein described, and
WHEREAS: the City of Ithaca Planning and Development Board, acting as Lead Agency in environmental
review for the action of Site Plan Review, did, on July 28, 2009, determine that the Project would result
in no significant impact on the environment, and
WHEREAS, under Chapter 170‐5 (C) of the Code of the City of Ithaca, the City Attorney has determined
that the proposed permanent easement requires Common Council approval; now, therefore, be it
RESOLVED, that City of Ithaca Common Council hereby authorizes the Mayor, with the advice of the City
Attorney, to negotiate and execute a permanent easement to Hotel Ithaca, LLC (hereinafter, “Hotel”)
following the conveyance of the Hotel Property to Hotel as set forth above, and payment by Hotel to the
City of Ithaca of the sum of $30,000, which permanent easement area shall be described as follows and
shall among others have the following terms and conditions:
1. The City of Ithaca shall grant to Hotel Ithaca, LLC, its agents, tenants, successors and/or assigns,
a permanent easement on, under and above a portion of the City Property, as above described,
consisting of approximately 0.076 acres of land, and as more particularly shown on the drawing
entitled, “Easement Plan” prepared by Fisher Associates, attached hereto and incorporated
herein by reference (the “Easement Plan”), which permanent easement shall include the right to
construct, alter, replace, install, repair and maintain such improvements and fixtures as are
necessary and convenient for the operation of a hotel on the adjacent Hotel Property, including
all ancillary services related to the operation of a hotel, such as dining services; such easement
shall be granted together with the right of ingress and egress over and across the remaining City
Property as may be necessary to the proper use of the rights granted herein.
2. The City of Ithaca shall grant to Hotel Ithaca, LLC, its agents, tenants, successors and/or assigns,
a permanent easement to construct, alter, replace, install, repair and maintain a canopy over
the front entrance to the Project, at a distance of eleven (11) feet above the surface of the City
Property, as more particularly shown on the Easement Plan, which permanent easement shall
be granted together with the right of ingress and egress over and across the remaining City
Property as may be necessary to the proper use of the rights granted herein.
3. Hotel agrees to save the City harmless from any loss, injury or damage arising out of the use of
the easement area or from any negligence or fault of said Hotel, its servants or agents in
connection with the construction and/or maintenance work done under this agreement. To the
extent that Hotel enters upon City Property to effectuate any construction or repair work as set
forth above, Hotel shall be responsible for restoring such City Property to the condition that
existed before the work commenced, but otherwise Hotel shall have no obligation to or
responsibility for maintaining the City Property or facilities thereon by virtue of the easement
agreement.
Item # E4 f
4. Hotel agrees to keep the Hotel Property and improvements constructed by Hotel within the
easement area insured at all times in the amount of at least $500,000.00 for personal liability
coverage and to list the City as an additional insured under said insurance policy.
5. The easement agreement shall run with the land and shall be binding upon, and inure to the
benefit of, the respective heirs, executors, administrators, successors and assigns of the parties
thereto.
TCIDA City Density Incentive Projects 10/5/2012
2001-City Density Incentive Program
Project YearInvestment Sq. Ft.
Current
Jobs
(2011)
Total Property
taxes paid to
CityAdditional Sources of Assistance
Gateway I (offices)2002 $9,850,00063,750 143$381,589$690,000 IURA loan
Seneca Place on the Commons2004$29,000,000175,000 341$428,951 est. $2.4 million - New Market Tax Credits
$665,000 - IURA loan
Island Health & Fitness 2004 $6,750,00056,000 107$221,193City land exchange
Gateway II (apts)2005 $5,600,00040,000 6$92,647None
Cayuga Green 2007$16,780,000125,700 48$158,029 est. $2 million - New Market Tax Credits
City site preparation
Sub-Total $67,980,000460,450 645$1,282,409
2006-Community Investment Incentive Program (CIIP)
ItalThai (Mia Restaurant)2011 $3,428,00017,000 18.5 PILOT starts in
2013
$900,000 - Restore NY grant
$480,000 - IURA loan
$50,000 - TCAD Loan
$400,000 - Historic Tax Credits
Sub-Total $3,428,00017,000 18.5$0
Total$71,408,000477,450 663.5$1,282,409
Additional Current and Future Downtown Projects
Breckenridge Project 2012est $14,000,00050,000 tbdNA est. $9.8 million - Low-Income Tax Credits
$1 million - IURA loan
Seneca Way Project 2012est $8,000,00060,000 tbdNAest $1.6 million - New Market Tax Credits
Iacovelli West End 2012est. $2,000,00026,000 tbdNANone
Magnolia House 2012est. $2,700,0009,600 tbdNA$2.7 million - NYS OTDA grant
Cayuga Place II 2012est. $7,800,00042,600 tbdNA low-cost site control
parking garage connection
Argos Inn 2012est. $1,300,0009,000 7NA est. $150,000 - Historic Tax Credits
$110,000 - IURA loan
Hotel Ithaca/Ithaca Marriott2013est. $20,000,00096,000 tbdNA CIIP application pending
City site assembly assistance
Sources: For projects awarded density incentives by the TCIDA, Tompkins County Area Development records
For other projects, City of Ithaca site plan review records & IURA records
Acronyms:
CIIP = Community Investment Incentive Program
IURA = Ithaca Urban Renewal Agency
NY OTDA = New York State Office of Temporary & Disability Assistance
PILOT = Payment in Lieu of Taxes agreement
TCIDA = Tompkins County Industrial Development Agency
J:\PROJECTS\CIIP (Community Investment Incentive Program)\2012 Revisions\CIIP matrix nb 10-5-12
Item # 5a
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CIIP
?
GFCZ
?
CIIP
TG
Potential Tools
to Achieve Benefits
CIIP/ER/SPR
ER/SPR
ER/SPR
IZ
CIIP/ER/SPR
CIIP/ER/SPR
CIIP/ER
Environmental
Site
Financial Benefits
Project achieves basic LEED certification
Project achieves Silver LEED certification
CIIP+
CIIP+
CIIP+
CIIP
IZ/HF/HUD
CIIP+
CIIP+
EJP
EJP
CIIP
IZ/HUD
Housing
Construction Labor
Transportation
Permanent Employment
Community Benefits Matrix
CIIP/ER/SPR
ER/SPR
ER/SPR
CIIP/ER/SPR
Architecture
SPR/DR/DG
CIIP
?
Project produces local construction jobs from within Tompkins County.
Project is built with at least 25% local labor.
Project involves the rehabilitation of a historically significant building.
SPR/DR/DG
?
CIIP
CIIP+
?
Project produces jobs,which pay a local living wage or better.
Project promotes use of public transit.
Project has accommodations for bicycles.
Project has accommodations for 2-wheeled motor vehicles.
CIIP
?
CIIP+
Project produces permanent jobs
Project will include high-tech jobs.
Project achieves Gold LEED certification
Project includes housing for low- or moderate-income persons/households making no more than 100% of median income
Project includes mixed-income housing (within the same project)
Project includes housing
Project attracts out-of-town visitors to spend money locally
Project is architecturally exceptional as judged by the Design Review Board or as evidenced through positive architectural reviews.
Project will generate additional property taxes (Annual revenue after abatement period)
Project will generate at least $200,000 annually in property taxes to the city after abatement period is ended.
Project will generate additional sales taxes.
Project makes use of excess capacity in existing parking facilities.
Project makes efficient use of infrastructure.
Project achieves Platinum LEED certification
Project meets standards established under another green building program (only for those not receiving LEED certification).
Project will be operated according to environmental standards appropriate for their industry (e.g. green hotel standards for hotels).
Project contractors will pay prevailing wage.
Project encourages and generates pedestrian activity.
Project will generate at least $100,000 annually in additional sales taxes.
Project has economic multiplier effects
Project provides non-surface level onsite parking
Project produces onsite power
Project is constructed on a vacant or underutilized site.
Project cleans up a brownfield or other environmentally contaminated site.
Project leads to the retention of existing jobs that might otherwise move outside the city.
Project provides 50 or more permanent jobs to the target area.
Project produces entry-level jobs.
Community Incentive Investment Program (CIIP)
Project includes housing for low- or moderate-income persons/households making no more than 80% of median income
Project includes housing for low- or moderate-income persons/households making no more than 60% of median income
IZ/HF/HUD
IZ/HF/HUD
3/14/2012
Project contractors have a certified apprenticeship program to train workers in skilled trades.
Project produces skilled trades jobs during construction.
Page 1 of 2
Potential Tools
to Achieve Benefits
Community Benefits Matrix
Community Incentive Investment Program (CIIP)
3/14/2012
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Acronyms of Public Policy Tools:
CIIP = Community Investment Incentive Program (TCIDA Downtown Density Program)
CIIP+ = Enhanced CIIP (additional benefits, such as longer tax abatement period)
DG = Design Guidelines
DR = Design Review
EJP = Excelsior Jobs Program, Empire State Development Corp. (10 new jobs in high-tech; 25 new jobs in manufact. or 150 new jobs other industries)
ER = Environmental Review
GFCZ = Ground Floor Commercial Zoning (e.g., require commercial ground floor use on Commons)
HF = Housing Fund (County/City/Cornell joint funding for affordable housing)
HUD = HUD Entitlement funding (CDBG and HOME funds awarded to City of Ithaca)
IZ = Incentive Zoning (e.g., density bonus)
PIF = Payment-in-lieu Incremental Financing (tax abatement on project finances public improvement)
SPR = Site Plan Review
TG = Tompkins County Tourism Grant (bed tax)
GFCZ/ER/SPR
PIF/ER/SPR/TG
PIF/ER/SPR/TG
CIIP/ER/SPR
CIIP/ER/SPR
Other Benefits
Project builds new or enhances existing public spaces
Project creates synergy with existing activities in the area
Project discourages sprawl
Project includes mixed uses
Project includes public amenities
Page 2 of 2
I. Objective
In conjunction with the goals of the Tompkins County Comprehensive Plan, the
objective of the CIIP is to encourage development in the City that would increase
jobs, increase the tax base, promote density in the City core, to encourage
rehabilitation and redevelopment of underutilized sites and to help create a vibrant
downtown center. Specifically the goals, as stated in the Tompkins County
Comprehensive Plan, are as follows:
■ Strengthen and enhance the City of Ithaca’s downtown area as the
urban center of the county.
■ Increase the amount and density of housing and business space in the
central business districts throughout the county.
■ Promote greater density by encouraging development of existing
“gaps” left by abandoned buildings and vacant parcels.
II. Eligibility Criteria
Project sponsors applying for tax abatement(s) under the City of Ithaca Community
Investment Incentive Program must meet the following size, density, and location
requirements:
1.) Project Size Requirement - In order to meet the minimum project size
requirement to be eligible for tax abatements under the CIIP program, a project
must provide a letter from the Tompkins County Assessment Office that states
that the project will result in an estimated increase in the assessed value of the
property by at least $500,000.
2.) Project Density Requirement - In order to meet the minimum density
requirement to be eligible for tax abatement under the CIIP program, a project
must either:
Contain a minimum of 3 occupiable stories in
height.
or
Must be a major restoration of an existing
structure.
3.) Project Location Requirement - In order to meet the location requirement to
be eligible for tax abatement under the CIIP program, a project must either:
Be located in the City of Ithaca Density District
The Community Investment Incentive Program (CIIP) is a property tax abatement program that allows property
owners to apply for abatement for a portion of their property taxes for a period of up to 7 years. Formatted: Pattern: Clear (White)
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or
Be a redevelopment of a Brownfield site that is
registered as a DEC inactive hazardous waste
site.
http://www.dec.ny.gov/cfmx/extapps/derexterna
l/index.cfm?pageid=3
Eligibility is determined by the Mayor of the City of Ithaca, based on the above-stated
criteria. Once eligibility has been determined, the Mayor will provide a letter of
endorsement to the Tompkins County Industrial Development Agency (IDA). (See
Section IV for complete application process.)
II. Density District Boundary
3
III. Incentive Package
Property Tax Abatement – The standard CIIP property tax abatement will begin at 90%
in year one and decrease in equal increments over seven (7) years. Applicants may
request a enhanced property tax abatement that begins at 100% in year one and decreases
in equal increments over ten (10) years if the applicant can demonstrate financial need as
determined by a review by IDA administrative staff of the project pro forma and
demonstration of a return on investment less than 20% in the first five years. The
abatement will only impact taxes on improvements to the property and not taxes on the
existing value.
The IDA retains the ability to offer more than the standard abatement package based on
an analysis of the impact on the economy, the needs of the business, and input from the
City of Ithaca. The IDA may negotiate additional abatements based on financial need.
• Sales Tax Abatement – The applicant will be exempt from both the
local and State portion of sales tax on construction materials,
equipment, and furnishings associated with the project.
• Mortgage Recording Tax – The applicant will be exempt from the
State portion of the Mortgage Recording Tax ($2.50 per $1,000)
IV. Application Process
Tompkins County Area Development, Inc. (TCAD) provides administrative and
marketing services to the IDA. Potential applicants should contact the City Planning
Department to schedule a meeting with Planning Staff and TCAD staff to determine
project eligibility.
If the project appears to be eligible, TCAD will assist with completing the application for
assistance. It is strongly advised that potential applicants schedule the initial eligibility
determination meeting as early in the process as possible in order to determine if the
dollar value of the proposed incentives exceeds the associated fees.
Based on the nature of the project and the incentives requested, the following will occur:
1. Eligibility Determination Meeting - A developer seeking a tax abatement
under this program must first have a joint meeting with staff from
TCAD and the City Planning Department.
2. CIIP Application - A developer must submit a completed CIIP
application to the City of Ithaca Planning Department. The application
will be reviewed for completeness and will be submitted to the Mayor
for consideration.
3. Public Information Session – The City will schedule a public
information session, at which the developer will be responsible for
presenting information about the project and answering questions from
the public. The City will advertise the public information session with a
press release to the local media. The developer is responsible for
posting the property at least 5 days prior to the public information
session, with the date, time and location of the meeting.
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tax abatement program will begin with
100% abatement of all property taxes in
the first year and will decrease in equal
increments over seven (7) years. The
abatement will only impact taxes on
improvements to the property and not
taxes on the existing value.
4
4. City Approval– A City CIIP Review Committee, consisting of the
[Mayor and the Common Council] or [ the Mayor, the Director of
Planning and Development, and the City Controller] or [the Mayor] or
[the Mayor and the committee chairs], will consider project approval,
based on the stated criteria density, size, and location. If criteria are
satisfied, the CIIP review committee will forward the completed
application, along with a letter of approval to the IDA.
5. IDA Application –A developer will submit a standard IDA application
to the IDA for consideration in addition to the CIIP application and
Mayor’s approval letter. The IDA will make an independent
determination of the project.
6. Public Hearing – Following an initial review, the IDA will, if favorably
disposed toward a project, schedule a public hearing on the proposed
incentive package. Standard IDA policies apply with regards to public
hearing notification and other requirements.
7. IDA Determination – Following a public hearing, the IDA will make a
conditioned determination on the project. No final decision may be
reached by the IDA until SEQR requirements have been met by the
developer.
8. Notification and Reporting – The IDA will notify the City of Ithaca and
appropriate taxing jurisdictions once a project is approved. The IDA
may diminish or rescind incentives should the project materially change.
IDA agreements generally have claw back requirements.
9. Applications under this policy may not be accepted after December 31,
2017 unless the IDA and City of Ithaca vote to extend the policy beyond
that date.
Refer to the Tompkins County Industrial Development Agency Mission, Policies and
Procedures for additional information.
V. Application Fees
The applicant is responsible for payment of the following fees associated with the CIIP
process.
1. Administrative Fees - The applicant is responsible for paying the IDA
Administrative Fee at the time of closing. This fee will be equal to 1% of the
total value of expenses that are positively impacted by IDA incentives. This
includes the value of construction of improvements to property that is
impacted by property and sales tax abatement and the value of furniture,
fixtures and equipment that are impacted by sales tax abatement. It will not
include any purchases, such as manufacturing equipment, where the IDA does
not deliver an incentive. Soft Costs (legal, consulting, financial, architectural
and engineering fees) will be included in the amount considered as total value
of expenses. In an attempt to make its incentive program cost effective for
smaller projects, the IDA will reimburse the applicant for 100% of the
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5
Administrative Fee, IDA Counsel Fee, and IDA Bond Counsel Fee associated
with the IDA involvement in the project if the total project cost is less than $1
Million. For total project cost greater than $1 Million but less than $2 Million,
the reimbursement of fees will be reimbursed on a sliding scale that declines
from 100% to 0% gradually based on project size. There will be no
reimbursement of fees for projects with costs over $2 Million. The
reimbursement will take the form of additional property tax abatement
credited to the business in the initial years of the Payment In Lieu of Tax
agreement (PILOT). The IDA retains the right to determine the credit the
applicant will receive. For projects where there is no property tax abatement,
there will not be any form of fee reimbursement.
2. IDA Counsel Fees – The applicant is also responsible for paying the IDA for
all legal costs it incurs including IDA Counsel and Bond Counsel fees.
3. Applicant Attorney Fees – The applicant is responsible for its own attorney
fees associated with closing IDA incentives.
6
III. Tax Abatement Application
CCIIIIPP AApppplliiccaattiioonn ffoorr TTaaxx AAbbaatteemmeenntt
The City of Ithaca Community Investment Incentive Program provides incentives for
investment in the City. The incentives include property tax reductions and/or
abatements for a period of up to 7 years. Applicants and projects must meet the
minimum eligibility requirements (see application Part 5) in order to apply for the
program
Part 1. –Applicant Information
Application Date:____/____/_____
Company/Applicant Name:________________________________________________
Primary Contact:________________________________________________________
Address:_________________________City:__________State:______Zip:__________
Phone:___________________________Email:_________________________________
Applicant Attorney:______________________________________________________
Attorney Address:_________________City:__________State:______Zip:__________
Attorney Phone:___________________Email:_________________________________
Applicant Accountant:____________________________________________________
Accountant Address:________________City:__________State:_____Zip:_________
Accountant Phone:_________________Email:________________________________
Applicant Engineer/Architect:______________________________________________
Address:_________________________City:__________State:______Zip:__________
Phone:___________________________Email:_________________________________
7
Will a separate company hold title to/own property in question that is separate from
the operating company? If yes, please provide the name and contact information
for that entity.
Company Name:________________________________________________
Primary Contact:________________________________________________________
Address:_________________________City:__________State:______Zip:__________
Phone:___________________________Email:_________________________________
Describe the terms and conditions of the lease between the applicant and the owner
of the property:__________________________________________________________
________________________________________________________________________
Part 2. –Business History
Year Company was Founded:______
Type of Ownership (Corporation, LLC, Sole Proprietor):_____________________
Product or Service:___________________________________________________
____________________________________________________________________
Major Customers:_____________________________________________________
_____________________________________________________________________
Major Suppliers:______________________________________________________
_____________________________________________________________________
Major Local Competitors:_______________________________________________
______________________________________________________________________
8
Part 3. –Project Description
Project Narrative:________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Project Location:________________________________________________________
Property Size (acres) - both existing & proposed:_____________________________
Building Size (square feet) - both existing & proposed:_________________________
Proposed Project Start & Completion Dates:_________________________________
Do you certify that this project will not result in the relocation of all or part of any
business or jobs from another county within New York State to Tompkins County?
______Yes ______No
List the names, nature of business of proposed tenants, and percentage of total
square footage to be used for each tenant (additional sheets may be attached, if
necessary):______________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
9
Part 4. –Project Costs
Value of land to be acquired (if any):________________________________________
Value of buildings to be acquired (if any):____________________________________
Cost of New Construction:___________________% subject to local sales tax_______
Value of Improvements:_____________________% subject to local sales tax_______
Value of Equipment to be Acquired:___________% subject to local sales tax_______
Other:____________________________________% subject to local sales tax_______
Total:____________________
Part 5. – Criteria
Will the proposed project result in an increase to the tax roll value of new real property
by at least $500,000? ________
Does this project contain at least three occupiable stories? __________________
Proposed Height (in stories and feet):___________________
Does the project include a rehab of an existing structure? ____________
Is the project located in the City of Ithaca Density District? __________
Does the project contain the redevelopment of a Brownfield site? _________
10
IV. Certification___________________________________________________
_______________________________________________________deposes that he/she is the _______________
(Name of chief executive officer of company submitting application) (Title)
Of ___________________ , the corporation named in the attached application; That he/she has
(Company Name)
read the foregoing application and knows the contents thereof; that the same is true to his
knowledge. Deponent further says that the reason this verification is made by the
deponent and not by ____________________________ is because the said company is a corporation.
(Company Name)
The grounds of deponent’s belief relative to all matters in the said application which are
not stated upon his own personal knowledge, are investigations which deponent has
caused to be made concerning the subject matter of this application as well as information
acquired by deponent in the course of his duties as an officer of and from the books and
papers of said corporation.
As an officer of said corporation (hereinafter referred to as the “Applicant”), deponent
acknowledges and agrees that applicant shall be and is responsible for all costs incurred
by the nonprofit Tompkins County Industrial Development Agency (hereinafter referred
to as the “Agency”) acting in behalf of the attached application whether or not the
application, the project it describes, the attendant negotiations and ultimately the
necessary issue of bonds or transfer of title are ever carried to successful conclusion. If,
for any reason whatsoever, the Applicant fails to conclude or consummate necessary
negotiations or fails to act within a reasonable or specified period of time to take
reasonable, proper, or requested action, or withdraws, abandons, cancels, or neglects the
application or if the Agency or Applicant are unable to find buyers willing to purchase
the total bond issue required or financing for the project, then upon presentation of
invoice, the Applicant shall pay to the Agency, its agents, or assigns all actual costs
involved in conduct of the application, up to that date and time, including but not limited
to fees of bond counsel for the Agency and fees of general counsel for the Agency. Upon
successful conclusion and sale of the required bond issue or transfer of title the Applicant
shall pay to the Agency an administrative fee set by the Agency, not to exceed an amount
equal to 1% of the total project cost. The cost incurred by the Agency and paid by the
Applicant, including bond counsel, the Agency’s general counsel’s fees and the Agency’s
11
administrative fees, may be considered as a cost of the project and included as part of the
resultant bond issue.
___________________________________________________
(Signature of chief officer of company submitting application)
NOTARY
Sworn to before me this
_______ day of ______________, 20______
____________________________________
V. Completion Status (To be Completed by Staff)
Eligibility Criteria:
Size ________________
Density ________________
Location ________________
Additional Documentation Submitted: _____________
Staff Review Date______________
Mayor’s Endorsement date_____________
Item # E5e
Draft Resolution
September 6, 2012
Endorsement of Revisions to the City of Ithaca Community Investment Incentive
Program
1. WHEREAS, On July 5, 2000, the Common Council unanimously requested that the Tompkins
County Industrial Development Agency (“IDA”) undertake a program to provide financial
incentives for development of multi-story buildings within a density target area encompassing
the downtown Central Business District, the West State Street corridor, the West End, and
Inlet Island, and
2. WHEREAS, that program was accepted by the IDA in 2001 and remained in operation for five
years, and
3. WHEREAS, in 2006, the City endorsed the continuation of an IDA program of local tax
abatements, as a tool for encouraging appropriate real estate and business investment in the
urban core of the city; and it requested the IDA establish the Community Investment
Incentive Program (“CIIP”) through which projects would be reviewed by the community
and evaluated by Common Council, and (if endorsed by Common Council) proposed for
recommendation by the Mayor to the IDA as eligible for tax abatements, and
4. WHERAS, in the six years that the CIIP has been in operation, only one developer was able
to successfully obtain tax abatements, and
5. WHEREAS, it has been determined that including an extensive list of potential benefit criteria
into a tax abatement application, while successful in identifying goals important to the City,
has not been successful in real-world use as an attainable incentive for potentially eligible
projects within the density target area, and
6. WHEREAS, revisions to the criteria and to the application have been drafted that would allow
projects to be recommended for tax abatements if they met certain simpler requirements
including:
• minimum size (over $500,000 in anticipated increase in taxable value),
• location (within the density target area), and
• built project density (represented by building height of at least three stories),
and
7. WHEREAS, the Common Council recognizes that several types of benefits addressed in the
former CIIP program may not be best achieved via a tax abatement program like the CIIP,
although they remain important goals for development within the City and should continue to
be addressed through other current and yet to be developed programs, and
8. WHEREAS, the Common Council also recognizes that the criteria in this revised application
will encourage fuller build-out of areas in the density target area in the core of the City,
thereby supporting denser patterns of development appropriate to these areas and which
benefit residents of the city by providing
• walkable access to the jobs, housing and services that are located in these new
buildings,
• a built environment that supports walkability and additional similar development
in the density target area,
• support for the health of the City’s tax base and economy, support for
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Item # E5e
achievement of greenhouse gas emission goals, support for the vibrancy and
health of surrounding neighborhoods, and support for the financial health of its
residents via the first two benefits; now, therefore, be it
1. RESOLVED, that the City of Ithaca Common Council finds that the IDA density incentive
program is a useful tool to (1) strengthen and enhance the downtown with new housing and
other mixed-use developments, and (2) locate new compact development in nodal centers
identified in the County Comprehensive Plan, such as the City of Ithaca’s downtown areas,
thereby combating sprawl development, and be it further
2. RESOLVED, that the City of Ithaca does hereby request the continuation of the IDA’s
density incentive program as a tool for encouraging appropriate real estate and business
investment in the core areas in Tompkins County, but that it be revised in accordance with
the Community Incentive Investment Program with the 2012 revisions, and be it further
3. RESOLVED, that the geographic area within the City of Ithaca to be targeted under this
Program should be the current density target area, encompassing the downtown business
improvement district area, the West MLK/State Street corridor, the West End, and the Inlet
Island waterfront area.
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