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HomeMy WebLinkAboutMN-PEDC-2019-05-08 Approved at the June 12, 2019 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, May 08, 2019 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Cynthia Brock, Stephen Smith, Donna Fleming, and Laura Lewis Committee Members Absent: None Other Elected Officials Attending: Mayor Svante Myrick; Alderperson George McGonigal Staff Attending: JoAnn Cornish, Director, Planning and Development Department; Lisa Nicholas, Deputy Director, Planning and Development; Jennifer Kusznir, Senior Planner; Nels Bohn, IURA Director; Anisa Mendizabal, IURA; and Deborah Grunder, Executive Assistant Others Attending: MATCom Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review There were no changes to the agenda. 2) Public Comment John Novarr, 1001 West Seneca Street, spoke on the rent stabilization resolution. This type of rent stabilization will make it difficult for developers who build tenant housing. The information provided for this meeting seems to him) to be more geared to the NY City area. Theresa Alt, 206 Eddy Street, spoke in favor of the rent stabilization. There is no problem that stems from it other than people will start talking. Just-cause eviction legislation should be advocated for as well. Evictions should not be left to the prejudices of the landowner. Approved at the June 12, 2019 PEDC Meeting Tom Shelley, 118 East Court Street, spoke regarding the LimeBikes and E-scooters. If this becomes a reality, the City must step up in enforcement and use of them. The rent stabilization should also be entered in lightly. Rethink this before jumping in. He also spoke on the mayor’s climate action plan. This requires money and should be added into the City budgets. Dan Hoffman, 415 Elm Street, spoke on the CMC/PUD project. He is a member of Project Giving Hope. Their group is actively working on an agreement with the community gardens and the developers. The PUD and site-plan documents do not include anything regarding the gardens. Fay Gougakis, State Street, The Commons, spoke regarding the LimeBikes and e- scooters. She has attended many City meetings stating her concerns. The lime bikes are taking over the bike racks. The State already has rules on the books that e-scooters or electric bikes are not legal. Sheryl Swink, 321 N. Albany Street, spoke on the rezoning of State Street. She is not clear as to why the block between Albany and the Commons is not included. She also stated that she’s not seeing much of the pedal lime bikes, but does see the electric bikes. Carl Feuer, 310 First Street, Northside United passed a statement which he read into record regarding the Carpenter Business Park outlining what the neighborhood would like to see housed in this new development. Mayor Svanke Myrick joined the meeting at 6:25 p.m. Ken Jaffe, 24 Lake Avenue, expressed his enthusiastic support of the Mayor’s plan for Ithaca’s Green New Deal with goals to exceed those of NY State. Further comments included the “low priority” rating of the Rental/Energy Efficiency of the HUD draft plan. It should be changed to “high priority.” He also stated that it seems premature to “grant an approval in concept” to the Carpenter Business Park PUD seeing the large lists of concerns about the project expressed by Alderperson Brock. Karla Terry, 398 Triphammer Road, spoke on the housing stabilization. If this is put into place, the small landlords will go out of business and the big developers will take over with their large new properties. It will hurt the older housing stock in the city. Alderperson Brock commented on the need for the rent stabilization. Right now this is in place on the in the NY City area. 3) Special Order of Business a) Public Hearing – E-scooters Pilot Program Alderperson Smith moved to open the public hearing; seconded by Alderperson Lewis. Carried unanimously. Approved at the June 12, 2019 PEDC Meeting Jan Schwartzberg, 235 Hector Street, stated that we need to remember that Lime is a company trying to make a living. They are interested in making money, and not concerned about the safety and legal ramifications. Please be consistent in your decision with the e-scooters such as the skateboard changes that were made years ago. Jan Lawlers, Stone Quarry Road, spoke on the use the electric LimeBikes. She stated that MATcom did a great job in their research and reporting of this. Lawrence Caraballo, 262 Coddington Road, spoke on the LimeBikes and e- scooters. He is a LimeBike employee and also runs a bike shop (Boxy Bikes) of his own. Many senior citizens are interested in not driving a car anymore and are looking for a different alternative. Charles Geisler, 517 Ellis Hollow Road, has been riding his bike in and out of Ithaca for 40 years. When LimeBikes came to Ithaca, he so pleased. He’s puzzled by the comments made about the profit being made than the good things that bikes and e- scooters can bring. He would like to see the pilot program go forward and see how it works. Jeff Goodmark, 23 Storm View Road, is the LimeBike manager for the Ithaca area. He thanked MATcom for their detailed research and report of the LimeBikes. He looks forward to continue to work with the City of Ithaca. Fay Gougakis, State Street, the Commons, addressed her concerns directly to Mayor Myrick. She cares a great deal of this community. She doesn’t mind bicycles. She’s a bicyclist herself. Her concern is the lack of rule compliance with the e-scooters and e-bikes. David West, 225 Cleveland Avenue, thanked MATcom for their thorough research and reporting on the e-scooter and e-bike use. He would like to see the City approve the pilot program. Peter Martin, 305 Willow Avenue, the City of Ithaca should not approve the use of e-bikes and e-scooters until New York State make this legal in the state. It’s time for Ithaca to take charge – a clear ordinance. Age, speed, driving while intoxicated, once Ithaca decides what they want they should open it up for bidding. Carrie Kerr, 482 Dry Brook Road, spoke on E-scooters. She provided a hard copy of her comments shared at the meeting which is attached to these minutes. Jennifer Dotson, 212 Wood Street, Center for Community Transportation (Bike/Walk Tompkins) spoke on e-scooters. It’s a good idea to start as a pilot program. Other companies should be looked at in addition to LimeBikes. She urges us to think clearly on the existing infrastructure -- the sidewalks, the streets, etc. Look carefully at this. Is this a good step to start this program? Approved at the June 12, 2019 PEDC Meeting Alderperson Lewis moved to close the public hearing; seconded by Alderperson Smith. Carried unanimously. b) Public Hearing – HUD Entitlement – City of Ithaca Consolidated Plan 2019- 2023 Alderperson Lewis moved to open the public hearing; seconded by Alderperson Fleming. Carried unanimously. Alderperson Lewis stated that even though an item is listed as low priority does not mean it will stay there. Alderperson Lewis moved to close the public hearing; seconded by Alderperson Fleming. Carried unanimously. c) Public Hearing – HUD Entitlement – City of Ithaca 2019 Action Plan (5-year project funding allocations) Alderperson Lewis moved to open the public hearing; seconded by Alderperson Fleming. Carried unanimously. No one was present to speak during the public hearing. Alderperson Brock stated her approval in the action plan summary and supports this plan. Alderperson Lewis moved to close the public hearing; seconded by Alderperson Fleming. Carried unanimously. 4) Action Items (Voting to Send onto Council) a) HUD Entitlement – City of Ithaca Consolidated Plan 2019-2023 (5-year Strategy Plan) Moved by Alderperson Smith; seconded by Alderperson Lewis. Passed unanimously. WHEREAS, in the Fall of 2003, the U.S. Department of Housing and Urban Development (HUD) notified the City that it qualified as an ‘Entitlement Community’ and it would be receiving an annual allocation of HUD funds through the Community Development Block Grant Program (CDBG) and HOME Investment Partnerships (HOME) Program, and Approved at the June 12, 2019 PEDC Meeting WHEREAS, in order to access these funds, the City is required to undertake a public input process and prepare a Consolidated Plan, which identifies priority community development needs for the City of Ithaca, every five years, and WHEREAS, the City’s fourth Consolidated Plan is required to be submitted to HUD by June 16, 2019, and WHEREAS, under the terms of the February 14, 2013 agreement between the City of Ithaca and the Ithaca Urban Renewal Agency (IURA), the City has designated the IURA as the Lead Agency to develop and administer the Consolidated Plan on behalf of the City, and WHEREAS, the Consolidated Plan may only be adopted by the City of Ithaca after it has undergone a 30-day public comment period and been the subject of two Public Hearings, and WHEREAS, the first Public Hearing was held before the IURA on March 28, 2019, and the second Public Hearing was held at the Planning and Economic Development Committee of Common Council on May 8, 2019, and WHEREAS, the IURA adopted the draft Consolidated Plan at its April 18, 2019 meeting and recommended that Common Council approve it, and WHEREAS, the 30-day public comment period for the Consolidated Plan ends on May 31, 2019, and WHEREAS, any additional public comment received will be incorporated into a revised draft version of the Consolidated Plan, therefore be it RESOLVED, that the Common Council of the City of Ithaca hereby adopts the draft Consolidated Plan, dated April 18, 2019, and be it further RESOLVED, that the Common Council authorizes the Mayor, subject to review by the City Attorney, to execute certifications and any other documents necessary to submit the Consolidated Plan to HUD. Approved at the June 12, 2019 PEDC Meeting b) HUD Entitlement – City of Ithaca 2019 Action Plan (5-year Project Funding Allocations) Dra Acon Plan D Entlement Proram Moved by Alderperson Smith; seconded by Alderperson Lewis. Passed unanimously WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of funds to address community development needs through the U.S. Department of Housing & Urban Development (HUD) Entitlement Program from the Community Development Block Grant (CDBG) program and the HOME Investment Partnerships (HOME) program funding sources, and WHERAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer, implement, and monitor the City’s HUD Entitlement Program in compliance with all applicable regulations, and WHEREAS, on an annual basis, an Action Plan must be submitted to HUD to access HUD Entitlement Program funding allocated to the City, and WHEREAS, the 2019 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2019 HUD Entitlement Program allocation and associated funds administered by the IURA, and WHEREAS, the following funding is available to be allocated through the 2019 Action Plan: $688,397.00 CDBG 2019 allocation $107,000.00 CDBG 2019 projected Program Income $26,786.99 CDBG recaptured/unallocated funds $305972.00 HOME 2019 allocation $97,022.70 HOME 2018 Community Housing Development Organization (CHDO) reserve $4,309.08 HOME 2017 Community Housing Development Organization (CHDO) reserve $5.00 HOME recaptured/unallocated funds $1,229,492.77 Total, and WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2019 Action Plan in accordance with the City of Ithaca Citizen Participation Plan, and WHEREAS, the IURA developed a draft 2019 Action Plan for public comment and Common Council consideration, and WHEREAS, a public hearing on the draft Action Plan was held on May 8, 2019, now, therefore, be it RESOLVED, that the Common Council for the City of Ithaca hereby adopts the Draft 2019 City of Ithaca Action Plan, dated April 18, 2019, for allocation of the City’s 2019 HUD Entitlement Program award along with associated funds listed above, and be it further RESOLVED, that the Urban Renewal Plan shall be amended to include activities funded in the adopted 2019 Action Plan. Approved at the June 12, 2019 PEDC Meeting c) Carpenter Business Park Planned Unit Development – Conditional Approval Proposed Planned Unit Development Application-Park Grove Realty and Cayuga Medical Center-Common Council Conditional Approval Resolution Moved by Alderson Fleming with the addition of an additional whereas to include the required use of a dental facility that accepts Medicare; seconded by Alderperson Lewis. Carried 4-1. WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a Planned Unit Development Overlay District (PUDOD), and WHEREAS, on February 19, 2019, Whitham Planning and Design submitted an application on behalf of Park Grove Realty and Cayuga Medical Center for consideration of the establishment of a Planned Unit Development District at Carpenter Circle, City of Ithaca Tax Parcel numbers 36.-1-3.3 and 36-1-3.5,and WHEREAS, the applicant has stated that the project could not proceed under the existing zoning due to setback and height requirements, and WHEREAS, the applicant is proposing to develop a new urban neighborhood, comprised of a medical facility, one 4-story residential building, and two 6-story mixed use buildings containing ground floor commercial space, parking, and 4 stories of residential apartments, and WHEREAS, the applicant will further develop interior neighborhood streets, pedestrian and transit connections, shared parking, play areas, and green space, and WHEREAS, the applicant will relocate, reconfigure and make improvements to the onsite community gardens and establish a permanent site for the gardens equal in size to what currently exists on the project site, and WHEREAS, the total proposed development contains approximately 64,000 SF of medical office space, 208 new housing units, 42 of which will be designated as affordable units, 414 surface parking spaces, and 193 garage spaces, and WHEREAS, the Planning and Economic Development Committee requested the applicant explore ways to reduce the number of parking spaces, increase the number of shade trees, and add screening along the rear property line and in the parking areas, and WHEREAS, the Planning and Economic Development Committee requested that the applicant ensure that the project will provide the Community Gardens with an equal amount of space as currently exists, and include a dental clinic that accepts Medicaid, and Approved at the June 12, 2019 PEDC Meeting WHEREAS, the project is intended to provide the following benefits to the community: 1. Provide a permanent and improved space for the Community Gardens, 2. Generate approximately 150 new jobs, 3. Build approximately 40 units of housing that would be priced to be affordable to those earning 50-60% of AMI, 4. Provide high-quality public amenities, including improved pedestrian, transit, and bicycle access throughout the site, and public spaces including open green space, plazas for events and/or outdoor dining, a playground, and storm water management gardens featuring native plantings, 5. Create an improved gateway into the City of Ithaca on Route 13 North, 6. Align with the City’s Comprehensive Plan and ongoing planning related to the Route 13 corridor and the Waterfront Zone, and WHEREAS, in accordance with the adopted City process for consideration of a PUD, notice of the proposal was circulated by mail to all properties within 500’ of the project site and a public information session was held on Monday, April 8, 2019, and WHEREAS, the meeting was advertised in the Ithaca Journal and on the City’s web site and the property was posted with the appropriate signage, WHEREAS, the process for consideration of an application for a Planned Unit Development requires that the applicant obtain an approval, in concept only, from the Common Council prior to beginning the site plan review process, and RESOLVED, that the City of Ithaca Common Council does hereby grant approval, in concept only, to Park Grove Realty and Cayuga Medical Center for their application to establish a Planned Unit Development District on City of Ithaca Tax Parcel numbers 36.-1-3.3 and 36-1-3.5, and be it further RESOLVED, that by granting an approval, in concept, the Common Council acknowledges that the applicant is able to begin the site plan review process despite any zoning-based deficiencies in the application, and, be it further RESOLVED, that the Common Council does hereby request that the City of Ithaca Planning and Development Board update the Common Council after each Planning Board meeting where this project is considered and request ongoing written comments from the Common Council about the project, and be it further RESOLVED, that the Common Council strongly encourages the project developers to incorporate a dental clinic that accepts Medicaid, and be it further RESOLVED, that if this project receives a negative declaration of environmental significance and contingent site plan approval, the applicant will return to the Common Council for final consideration of the adoption of the Planned Unit Development District. Approved at the June 12, 2019 PEDC Meeting Alderperson Fleming asked where the green space is located in this project. She also stated she is very much in agreement with the comments and suggested requirements of the Northside United. Alderperson Brock went through her concerns she provided that were in the packet. The project team responded to her concerns. Alderperson Lewis stated her concern with the number of parking spaces being provided in the project. The development team thanked the group for bringing their concerns forward. There is a need for parking because there are many uses available in this project. There is a lot of demands – the medical services, the residents, and the community gardens people – so even though we would like to limit the parking spaces, we have already eliminated hundreds of spaces. Alderperson Fleming had questions regarding the site soil samples and the large buildings. Alderperson Kerslick echoed the parking concerns of the others. We definitely need to try to push the change of not using cars. Alderperson Fleming stated she loves trees, but many trees are not in bloom for a very long time during the year. She would like to see the project team work with experts in this area when it comes to the plantings. Mayor Svante Myrick left the meeting at 7:45 p.m. d) Resolution Authorizing E-Scooter Pilot Program The Chair of MATcom (Mobility, Accessibility and Transportation Commission) provided an overview of how their commission came up with their recommendation. That statement is attached to these minutes. Moved by Alderperson Smith with the addition of one (1) more resolved; seconded by Alderperson Fleming. Carried 4-1. E- Scooter Pilot Program - resolution May 9, 2019 Moved by Alderperson Smith with the addition of one (1) more resolved; seconded by Alderperson Fleming. Carried unanimously. WHEREAS: The City of Ithaca Planning and Economic Development Committee (PEDC) asked the Mobility, Accessibility, and Transportation Commission (MATCom) to research several facets of e-scooter implementation to help the City of Ithaca determine whether and how to launch an e-scooter sharing pilot program, and WHEREAS: e-scooters represent an exciting opportunity for the City of Ithaca, and a pilot program for e-scooter sharing would allow the City to observe how e-scooter sharing impacts Ithaca and to collect ridership data without tying the City to a permanent decision, and Approved at the June 12, 2019 PEDC Meeting WHEREAS: MATCom recommended a pilot e-scooter sharing program be conducted from May 2019 through mid- November 2019, and that the pilot should be monitored on a weekly basis, and WHEREAS: MATCom recommended establishing an exclusive agreement with one e-scooter provider, Lime, and WHEREAS: an MOU regarding e-scooters should follow the guidelines outlined by NACTO and amended by Council and should establish clear regulations regarding e-scooter usage, and WHEREAS: Ithaca should consider requiring Lime to maintain a minimum fleet of bicycles, both pedal and e-bikes, along with the e-scooter program, to meet the needs of the entire community, and WHEREAS: Common Council supports stipulations requiring e-scooter providers to ensure e-scooters are distributed among a variety of neighborhoods, as equitable distribution and usage of e-scooters can potentially provide a new, affordable mode of transportation to those who need it most; now, therefore, be it RESOLVED: that the Common Council of the City of Ithaca authorizes Lime to conduct a pilot program, beginning in the Spring of 2019, to assess the functionality of e-scooters as it pertains to the city of Ithaca, and be it further RESOLVED: that authorization is contingent upon Lime’s maintenance of a minimum fleet of bicycles in the community and the equitable distribution of scooters across the City, and be it further RESOLVED: that Common Council authorizes the Mayor, together with the City Attorney, to establish a Memorandum of Understanding (MOU) with Lime prior to implementation of the e-scooter pilot program, and be it further RESOLVED: that authorization is contingent upon (i) Lime’s maintenance of a minimum fleet of bicycles in the community and the equitable distribution of scooters across the City; (ii) a maximum scooter speed of ten (10) miles per hour, (iii) Lime’s implementation of a rider training plan with the goal of achieving lower proportion of injuries incurred by first-time riders than seen in the May 2019 CDC report, (iv) Lime’s implementation of a helmet promotion program that results in increased helmet use. There were questions to who would take on the enforcement of these scooters? Chair Murtagh also has concerns of the enforcement of the use of the scooters. Ithaca is not an ideal place for such a pilot. The City really does have to enforce their use for this to be an effective program. Alderperson Kerslick commended MATcom for all their work on this. Before passing this resolution he feels the police should make their part of enforcement known. Chair Murtagh would like to move this forward, but would like to have the IPD input and also knowing that not all questions have been answered. It’s important to get this up and running. We need to get this started. Alderperson Brock stated she would like to remove the last whereas as it’s decided that the pilot will take place in the flats. Alderperson Fleming seconded it. Carried unanimously as amended The resolution carried 4-1 (Lewis) Approved at the June 12, 2019 PEDC Meeting e) Rent Stabilization Resolution RESOLTION SPPORTING NYS Emerency Tenant Protection Act (ETPA) of 74 Moved by Alderperson Brock; seconded by Alderperson Fleming. Carried unanimously. WHEREAS, the City of Ithaca has documented and identified unmet need for affordable housing opportunities to serve low and moderate income residents; and WHEREAS, as a result, in 2018, Common Council amended the Community Investment Incentive Tax Abatement Program (“CIITAP”) to expand its applicable boundaries and to require new residential developments participating in the program of 10 units or more to have a minimum of 20 percent of their housing units be affordable to households earning up to 75 percent of the Area Median Income (“AMI”) calculated using the average AMI of the 3 most recent years; and WHEREAS, CIITAP is only one way to address housing affordability, and aside from the new construction that is required to be affordable according to this program, currently state law does not provide local authority to form a local board that would determine annual allowable rental increases in order to protect tenants from arbitrary rent increases; and WHEREAS, according to recent data, 73% of the residents in the City of Ithaca are renters, and the average vacancy rate is the lowest in Tompkins County at approximately one percent; and further, over 50% of Tompkins County residents pay 30 percent or more of their income (a standard affordability metric) to pay their rent; and WHEREAS, the New York State’s Emergency Tenant Protection Act (ETPA) of 1974 provides rental protections including rent stabilization whereby landlords are subject to regulated rent increases1 and tenants have the right to renewal leases2; and 1 https://www1.nyc.gov/nyc-resources/service/2069/new-york-city-rent-increase Market rate apartment rental rates and lease terms are negotiated between the owner and tenant. The New York City Rent Guidelines Board (NYCRGB) determines rent increases for lease renewals of rent stabilized apartments, lofts, hotels and single room occupancies (SROs). It does not set the rent increase for vacancy leases, rent controlled apartments, unregulated apartments, or subsidized housing. Rent increase percentages for rent stabilized apartments and lofts are adjusted each year. For renewal leases beginning between October 1, 2018, through September 30, 2019, the rent increase for rent stabilized apartment and loft renewals is: 1-year lease: 1.5% 2-year lease: 2.5% 2 https://www.nysenate.gov/legislation/laws/ETP Approved at the June 12, 2019 PEDC Meeting WHEREAS, under the current ETPA law only municipalities in Nassau, Westchester, Rockland counties and New York City are eligible to adopt a form of rent stabilization, resulting in rent protections only applying to tenants in 8 of the state’s 62 counties; and WHEREAS, in 2019, New York State’s Emergency Tenant Protection Act (ETPA) of 1974 will be expiring, presenting an opportunity for our leadership in Albany to improve and extend the tenants’ rights moving forward; and therefore be it RESOLVED, that the City of Ithaca Common Council supports and endorses A7046 (Cahill)3 in the Assembly, and S5040 (Breslin)4 in the Senate, which calls upon our leaders in Albany to strike the geographic restrictions from the ETPA so that local governments can take an active role addressing the cost of rental housing and provide critical rental rights to tenants in the City of Ithaca and across the state; and be it further RESOLVED, that the Clerk is directed to send a copy of this resolution to U.S. Senator Kirsten Gillibrand, U.S. Senator Charles Schumer, Governor Andrew Cuomo, New York State Senator Thomas O’Mara, New York State Assemblywoman Barbara Lifton, Senate Assembly Chair Brian Kavanagh, and Assembly Housing Chair Steven Cymbrowitz. 5) Action Items (Approval to Circulate) a) West State Street Zoning Amendment Moved by Alderperson Fleming; seconded by Alderperson Lewis. Carried 4- 1. (Smith) An Ordinance Amending the Municipal Code of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Establish Minimum Story Height Requirements in the CBD Districts and Minimum Stepback Requirements for Properties Along West State Street The ordinance to be considered shall be as follows: ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED “ZONING” TO AMEND THE CBD-60 ZONING DISTRICT. 3 https://www.nysenate.gov/legislation/bills/2019/a7046 4 https://www.nysenate.gov/legislation/bills/2019/s5040 Approved at the June 12, 2019 PEDC Meeting BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby amended as follows: Section 1. Chapter 325, Section 325-8A, District Regulations Chart, be amended to add minimum story heights in the CBD districts, to read as follows: “All new construction in the CBD Zoning Districts are required to have a minimum height of 12 feet on the ground floor and a minimum 10 feet in height, measured floor to floor, for each subsequent story.” Section 2. Chapter 325, Section 325-8D, Additional Restrictions in the CBD District, is hereby amended to add a subsection (4) to read as follows: 325-8D. 4. In order to maintain the existing character on West State Street and to preserve the pedestrian scale of buildings along the street front, all new construction located in the portion of the CBD-60 Zoning District, directly fronting on the 300, 400, and 500 blocks of West State Street, shall require that the front façade of any newly-constructed building must contain a stepback of 15 feet after the first 40’ in height, before the structure can build up to the maximum allowable height of this district. Approved at the June 12, 2019 PEDC Meeting Section 2. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson Smith likes the existing zoning. 6) Discussion It was decided that an answer from the attorney’s office to add to rental property leases is needed to go forward. a) Ithaca Area Waste Water Treatment Facility – Disclosure Agreement Draft Ordinance for Consideration at the May 8, 2019 Planning and Economic Development Committee Notification Disclosure Requirement to all Property Users within the Ithaca Area Wastewater Treatment Facility Setback Zone ORDINANCE 2019- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. Common Council makes the following findings of fact: A. It is the declared policy of the City of Ithaca to conserve, enhance and encourage adequate and appropriate waste water treatment operations within the City, and to minimize potential conflict between the Ithaca Area Wastewater Treatment Facility (IAWWTF) operations and non-industrial land uses within the City. B. Where non-industrial land uses, especially residential development, extend into the IAWWTF Setback Zone, or locate in the vicinity of the IAWWTF, waste water treatment operations may be the subject of nuisance complaints. Such complaints may request the curtailment of waste water treatment operations, and discourage investments, improvement and expansion for waste water treatment operations. Constraints on operations, management and possible expansion of the IAWWTF is detrimental to the health, safety, and economic viability of City and Town of Ithaca, Town of Dryden and surrounding areas for which it serves. It is the purpose and intent of this Ordinance to protect the resources and services provided by the IAWWTF to the larger community. C. This policy can best be implemented by educating residents and businesses as to the laws protecting IAWWTF operations from conflicts with non-industrial uses, and by notifying owners and users of real property in the City of inherent potential problems associated with the ownership and/or use of real property located adjacent to or in the vicinity of waste water treatment operations, including, but not limited to, odors, trucks, lighting, construction, noise, dust, chemicals, discharge, Approved at the June 12, 2019 PEDC Meeting smoke and extended hours of operation which may accompany such waste water treatment operations. It is intended that through the use of such notice owners and users of real property within the City will better understand the impact of living near waste water treatment operations and be prepared to accept such problems as the natural result of living on or near the IAWWTF lands. D. Therefore, the Common Council intends for this Ordinance this notice to implement the above-described education and notification disclosure requirement to all property users within the IAWWTF Setback Zone. Section 2. Creation of Section 262-137, Preservation of Ithaca Area Waste Water Treatment Facility Disclosure Requirement. The Ithaca Municipal Code shall be amended so as to create a new Section 262-137 as follows: §262-137 Preservation of Ithaca Area Waste Water Treatment Facility Disclosure Requirement A. Definitions. For the purposes of this section: (1) “IAWWTF” shall be the Ithaca Area Waste Water Treatment Facility located at 525 Third Street, Ithaca. (2) "IAWWTF Setback Zone" shall mean those land areas of the city of Ithaca within 1,200 feet of the property boundary of the Ithaca Area Waste Water Treatment Facility. (3) "IAWWTF operations" shall mean and include, but not be limited to, the delivery and receiving of trucked waste, and sanitary waste, aeration and treatment of waste water, bio solids management, processing of wastewater and biogas, and activities incident to or in conjunction with the treatment and handling of wastewater and residual materials. B. NUISANCE. No operation, conducted or maintained for the purposes of serving the IAWWTF, and in a manner consistent with the proper and accepted customs and standards established and followed by similar waste water treatment operations, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began. C. PRESERVATION OF ITHACA AREA WASTE WATER TREATMENT FACILITY DISCLOSURE NOTICE REQUIREMENT. (1) Upon any transfer by sale, exchange, installment land sale contract, lease, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property, or residential stock cooperative, the transferor shall deliver to the prospective transferee the written statement required by subsection C(2) of this section. (2) The disclosure statement shall contain the following: Preservation of Ithaca Area Waste Water Treatment Facility Disclosure Notice THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN TOMPKINS COUNTY, CITY OF ITHACA. DESCRIBED AS_______________. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION Approved at the June 12, 2019 PEDC Meeting OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 262-137 OF THE ORDINANCE CODE OF THE CITY OF ITHACA AS OF __________. THE FOLLOWING ARE THE REPRESENTATIONS MADE BY THE SELLER(S)/PROPERTY OWNERS AS REQUIRED BY THE CITY OF ITHACA. The City of Ithaca supports operation of properly conducted waste water treatment operations with the City. If the property in which you are taking an interest is located near the IAWWTF, or included within the IAWWTF Setback Zone, you may be subject to inconveniences or discomfort arising from such operations. Such may include, but may not necessarily be limited to: odors, trucks, lighting, construction, noise, fumes, dust, smoke, discharge, operation of machinery during any 24 hour period, storage and disposal of bio solids and trucked waste, and the application of chemicals, and amendments. One or more of the inconveniences described may occur as a result of any operation which is in conformance with existing laws and regulations and accepted customs and standards. If you live or operate near the IAWWTF, you should be prepared to accept such inconveniences and discomfort as a normal and necessary aspect of living and operating in proximity to a waste water treatment facility. Owner/Seller:___________________________ Date:________________________ Owner/Seller:___________________________ Date:________________________ Buyer:_________________________________ Date:________________________ Buyer:_________________________________ Date:________________________ (3) All discretionary approvals by the City of Ithaca for parcel maps, subdivision maps or use permits relating to agricultural land, or real property located within the IAWWTF Setback Zone, shall include a condition that the owners of such real property record a " PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT FACILITIES NOTICE " in substantially the form provided in subsection C (2) of this section. (4) All applicants for building permits for new residential or commercial construction to be issued by the City of Ithaca located within the IAWWTF Setback Zone shall be provided with a "PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT FACILITIES NOTICE" in substantially the form provided in subsection C (2) of this section. (5) The Clerk/Recorder/Assessor of the County shall include a "PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT FACILITIES NOTICE" in substantially the form provided in subsection C(2) of this section with any grant deed, quitclaim deed or land sale contract returned to the grantee by the Clerk/Recorder/Assessor after recording. (6) "City of Ithaca PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT FACILITIES NOTICE". It is the declared policy of the City of Ithaca to conserve, enhance and encourage waste water treatment operations within the City of Ithaca. Residents, operators, and owners of property within Approved at the June 12, 2019 PEDC Meeting the IAWWTF Setback Zone land should be prepared to accept the inconveniences and discomfort associated with waste water treatment operations, including, but not necessarily limited to: odors, trucks, lighting, construction, noise, fumes, dust, smoke, discharge, operation of machinery during any 24 hour period, storage and disposal of bio solids and trucked waste, and the application of chemicals, amendments. Consistent with this policy, City of Ithaca Code section ________ provides that no operation, conducted or maintained for the purposes of serving the IAWWTF, and in a manner consistent with the proper and accepted customs and standards established and followed by similar waste water treatment operations, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began. D. NOTICE TO CORRECT. After receiving a complaint from an occupant within the IAWWTF Setback Zone, the City of Ithaca Assistant Superintendent of Water and Sewer shall immediately notify the Chief Operator of the Ithaca Area Waste Water Treatment Facility of the complaint. If the City of Ithaca Assistant Superintendent of Water and Sewer determines that such activity does not conform to the proper and accepted customs and standards established in similar waste water treatments facilities, he or she shall endeavor specify any measures required to correct the situation, and the time within which the measures must be taken. 7) Review and Approval of Minutes a) March and April 2019 Moved to approve by Alderperson Smith; seconded by Alderperson Lewis. Carried unanimously. 8) Adjournment Moved by Alderperson Lewis; seconded by Alderperson Smith. Carried unanimously. The meeting was adjourned at 9:35 p.m.