HomeMy WebLinkAboutMN-PEDC-2019-06-12
Approved at the
July 10, 2019 PEDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, June 12, 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: Alderpersons Lewis and Smith
Other Elected Officials Attending: Mayor Svante Myrick (6:45 p.m.) and
Alderperson McGonigal (8:20 p.m.)
Staff Attending: JoAnn Cornish, Director, Planning and
Development Department; Lisa Nicholas,
Deputy Director, Planning and Development;
Thomas Knipe, Deputy Director, Economic
Development; Jennifer Kusznir, Senior
Planner; Alex Phillips, Planner; Ari Lavine,
City Attorney; and Deborah Grunder,
Executive Assistant
Others Attending: None
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
Fay Gougakis, 171 E. State Street, spoke against allowing dogs on the Commons.
She reiterated that she is a good person and cares about the community. When it
comes to political issues, she becomes excited. That doesn’t make her bad. She
feels she is not getting the respect one person deserves. We need structure and
infrastructure.
Rich DePaolo, Town of Ithaca, spoke in favor of the IWWTF Disclosure Agreement.
It is an important facility to remain as is. Developers must be aware that any
Approved at the
July 10, 2019 PEDC Meeting
development of new facilities should be made aware of such agreement. He
encourages the City to move this forward, circulate it for comments, etc.
Theresa Alt, 206 Eddy Street, Ithaca is pleased to see the Immaculate Conception
PUD is going forward.
Anne Sullivan, Bell Sherman neighborhood, spoke on infill housing. Commercial
landlords are buying up properties to change the neighborhoods. Accessory
housing is much less to build and/or purchase. This may impact existing homes’
property value.
3) Special Order of Business
a) Public Hearing – Special Permits
Alderperson Fleming moved to open the public hearing; seconded by
Alderperson Brock. Carried unanimously.
Joe Fredell, 208 Lake Avenue, spoke on and provided his typed comments as
well on the Special Permit Ordinance. A few key points are: 1) There are no
controls on lot coverage recommendation, etc. 2) There is no mention of site-
plan review and 3) Both JoAnn Cornish and Seph Murtagh stated they will meet
with neighborhoods before going on with this change.
Ann Sullivan, 109 Irving Place, spoke on special permits. She has read this
proposal several times over and still doesn’t understand it. She has many
questions. It doesn’t seem there is any enforcement in place. Penalties need
to be in place. Infill housing will also cause more draining problems.
Dan Hoffman, 415 Elm Street, spoke on special permits as it relates to the
community gardens which are already regulated in the special permits
ordinance..
Alderperson Fleming moved to close the public hearing; seconded by
Alderperson Brock. Carried unanimously.
b) Public Hearing – West State/MLK Street Rezoning
Alderperson Brock moved to open the public hearing; seconded by Alderperson
Fleming. Carried unanimously.
Ann Sullivan, 109 Irving Place, loves the idea of this change in zoning. Brilliant
idea.
Approved at the
July 10, 2019 PEDC Meeting
Susan Holland, Historic Ithaca, 212 Center Street, spoke in favor of the
MLK/West State rezoning. They are in favor of these changes to zoning and
appreciate the chance to express an opinion.
Dan Hoffman, 415 Elm Street, has concerns of the rezoning and the City’s
design guidelines. The impact on small businesses will see increased rental
rents.
Alderperson Fleming moved to close the public hearing; seconded by
Alderperson Brock. Carried unanimously.
Chair Murtagh stated that the special permits legislature and the code are very
complicated. That is why this is being reviewed.
Alderperson Brock agreed with Chair Murtagh that the special permits
ordinance is very complex. She also thanked Rich DePaolo and Fay Gougakis
for their comments.
4) Action Items (Voting to Send onto Council)
a) Special Permits
Deputy Director Lisa Nicholas provided an explanation of the special permits.
These permits have always been handled at the BZA. Most recently it was
decided to move these permits from the BZA to the Planning Board. All
verbiage remains the same. The ordinance was just cleaned up to read better
and consolidated into one ordinance Special permits have always been on the
books including accessory apartments
Mayor Svante Myrick joined the meeting at 6:45 p.m.
Alderperson Brock raised the question of different types of accessory structures
which need a special permit.
Approved at the
July 10, 2019 PEDC Meeting
To: Planning & Economic Development Committee
From: Megan Wilson, Senior Planner
Date:Date:Date:Date: April 3, 2019April 3, 2019April 3, 2019April 3, 2019
RE:RE:RE:RE: Proposed Revisions to Special PProposed Revisions to Special PProposed Revisions to Special PProposed Revisions to Special Permits, Accessory Apartments, and Other Related ermits, Accessory Apartments, and Other Related ermits, Accessory Apartments, and Other Related ermits, Accessory Apartments, and Other Related
Section of the City Zoning CodeSection of the City Zoning CodeSection of the City Zoning CodeSection of the City Zoning Code
Following the March Planning & Economic Development Committee meeting, staff
circulated the proposed revisions to Article III, Special Conditions and Special Permits,
and three related amendments to Chapter 325, Zoning, of the City Municipal Code for
additional review and comment. The proposed amendments were also submitted to
the Tompkins County Department of Planning and Sustainability for review pursuant to
§239-l-m of New York State General Municipal Law. The County’s response to this
review will be distributed separately once receive. Two of the ordinances under
consideration (Ordinance 1: Special Permits and Accessory Apartments and
Ordinance 2: Permitted Accessory Uses in the R-3 Districts) have been revised based
on comments submitted by Alderperson Brock and are attached with tracked changes
for your review. Staff recommends that these suggested revisions be included for
adoption. No other comments have been submitted to date.
All four draft ordinances as well as a Short Environmental Assessment Form, dated
March 26, 2019, are attached for your consideration. Staff will attend the May 8th
meeting to discuss the proposed amendments and address any questions. If you
have questions or comments prior to the meeting, please feel free to contact Lisa
Nicholas me at 274-6557 or lnicholas@cityofithaca.org.
Approved at the
July 10, 2019 PEDC Meeting
Revisions to Article III, Special Conditions and Special Permits, and Related
Sections of Chapter 325, Zoning, of the City Municipal Code – Declaration of
Lead Agency for Environmental Review
Moved by Alderperson Fleming; seconded by Alderperson Brock. Carried
unanimously.
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with
local and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendments are related and are considered one
action for the purposes of environmental review, and
WHEREAS, the proposed zoning amendments are a “Type I” Action under the City of
Ithaca Environmental Quality Review Ordinance, and the State Environmental Quality
Review Act and is subject to environmental review; now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review for the revisions to Article III, Special
Conditions and Special Permits, and related sections of Chapter 325, Zoning, of the
City Municipal Code.
Revisions to Article III, Special Conditions and Special Permits, and Related
Sections of Chapter 325, Zoning, of the City Municipal Code – Determination of
Environmental Significance
Moved by Alderperson Brock; seconded by Alderperson Fleming. Carried
unanimously.
WHEREAS, the City of Ithaca is considering revisions to Article III, Special Conditions
and Special Permits, and related sections of Chapter 325, Zoning, of the City
Municipal Code, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (FEAF), dated March 26,
2019, and
WHEREAS, the proposed amendments have been reviewed by the Tompkins County
Department of Planning and Sustainability pursuant to §239-l-m of New York State
General Municipal Law, which requires that all actions within 500 feet of a County or
State facility, including County and State highways, be reviewed by the County
Planning Department, and has also been distributed for review by the City of Ithaca
Approved at the
July 10, 2019 PEDC Meeting
Parks, Recreation, and Natural Resources Commission and the City of Ithaca
Planning and Development Board, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance and the State Environmental Quality Review Act, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth in the Short Environmental
Assessment Form, dated March 26, 2019, and be it further
RESOLVED, that this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, that this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Approved at the
July 10, 2019 PEDC Meeting
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning” To Amend §325-8, District Regulations,
for the R-3 Zoning District
The ordinance to be considered shall be as followsThe ordinance to be considered shall be as followsThe ordinance to be considered shall be as followsThe ordinance to be considered shall be as follows:
ORDINANCE NO. ORDINANCE NO. ORDINANCE NO. ORDINANCE NO.
Moved by Alderperson Fleming; seconded by Alderperson Brock. Carried
unanimously.
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as
follows:
Section 1. Section 8, District Regulations, of Chapter 325, Zoning,
of the Municipal Code of the City of Ithaca is hereby amended to
update all headings pertaining to uses allowed by special permit in
all districts to read as follows (changes will appear on the District
Regulations Chart, which is a part of Chapter 325):
Column 1: BY SPECIAL PERMIT OF PLANNING AND DEVELOPMENT BOARD
BOARD OF APPEALS
Section 2. Section 8, District Regulations, of Chapter 325, Zoning,
of the Municipal Code of the City of Ithaca is hereby amended to
update a section reference in the district regulations for Permitted
Accessory Uses in the R-1 Zoning District to read as follows (changes
will appear on the District Regulations Chart, which is a part of
Chapter 325):
Column 3: Permitted Accessory Uses
8. Home occupations: Special permits are required in
certain situations. See §325-9B(1) §3259C{i}.
Section 23. Section 8, District Regulations, of Chapter 325, Zoning,
of the Municipal Code of the City of Ithaca is hereby amended to
modify the district regulations for Permitted Accessory Uses in the
R-3 Zoning District to read as follows (changes will appear on the
District Regulations Chart, which is a part of Chapter 325):
Column 3: Permitted Accessory Uses
1. Required off-street parking.
2. Private garage for 4 or more cars.
3. Structures for construction purposes, not to remain
over two years.
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 of City of Ithaca Municipal Code).
5. By special permit: Tower or structures for receipt or
transmission of electronic signals for commercial
purposes or for the generation of electricity to be
used on the premises where generated in any district
(see §325-9). Except for personal wireless service
facilities.
6. Adult Day Care Home.
Approved at the
July 10, 2019 PEDC Meeting
7. Home occupations: special permits are required in
certain situations (see §325-9B(1)).
8. By special permit: Neighborhood parking area subject
to regulation of §325-20(B).
9. Any accessory uses permitted in R-2.
Section4 3. Section 8, District Regulations, of Chapter 325, Zoning,
of the Municipal Code of the City of Ithaca is hereby amended to
modify the district regulations for Permitted Primary Uses in the I-1
District to read as follows (changes will appear on the District
Regulations Chart, which is a part of Chapter 325):
Column 2: Permitted Primary Uses
3. Any use not permitted in any other zoning district,
subject to the issuance of a special permit of the
Board of Zoning Appeals in accordance with §325-9 and
concurrence by the Common Council.
Section 45. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
Approved at the
July 10, 2019 PEDC Meeting
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning” To Amend §325-19, Transition Regulations
The ordinance to be considered shall be as follows:
ORDINANCE NO.
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as
follows:
Section 1. Section 19, Transition Regulations, of Chapter 325, Zoning,
of the Municipal Code of the City of Ithaca is hereby amended to add the
following subsection:
E. Development in R-3 Districts which abut R-1 Districts. The
development of any permitted use in the R-3a or R-3b Zoning
Districts, except a one-family or two-family dwelling, shall
be subject to the following special conditions if the land on
which the development occurs directly abuts land in either
the R-1a or R-1b Zoning District:
(1) Minimum lot size (area in square feet): The required
area in square feet needed to satisfy the minimum lot
size requirement shall be 150% of the requirement shown
on the District Regulations Chart for the R-3a or R-3b
District.
(2) Maximum building height: The maximum building height
requirement shall be the same as the requirement for
the abutting R-1a or R-1b District.
(3) Maximum percent of lot coverage by buildings: The
maximum percent of lot coverage by buildings shall be
75% of the requirement shown on the District Regulations
Chart for the R-3a or R-3b District.
(4) Yard dimensions, side or rear yards: The minimum
required side or rear yard requirement shall be 150% of
the requirement shown on the District Regulations Chart
for the R-3a or R-3b District if the side or rear yard
abuts land in the R-1a or R-1b District.
Section 2. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
Approved at the
July 10, 2019 PEDC Meeting
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning” To Amend §325-40, Board of Appeals; Variances
The ordinance to be considered shall be as follows:
ORDINANCE NO.
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as
follows:
Section 1. Section 325-40B(2)(b) of Chapter 325, Zoning, of the
Municipal Code of the City of Ithaca is hereby amended as follows:
(b) Required information. Every appeal or application for relief
shall set forth the interpretation that is claimed or the use
for which a special permit is sought or the details of the
variance applied for and the grounds for which it is claimed
that the variance should be granted, as the case may be.
Appeals and applications shall be in writing, on forms
prescribed by the Board of Appeals, and shall be filed with
the Secretary of the Board. The applicant shall provide a
site plan and such other drawings and/or additional
information as is necessary for the Board of Appeals to
properly consider the appeal or application for relief.
Section 2. Section 325-40B(2)(d) of Chapter 325, Zoning, of the Municipal
Code of the City of Ithaca is hereby amended as follows:
(6) Special permit applications for accessory apartments, bed-
and-breakfast homes, and home occupations: $100
(7) All other special permit applications (including bed-and-
breakfast inns): $150
Section 3. Section 325-40B(2)(e) of Chapter 325, Zoning, of the Municipal
Code of the City of Ithaca is hereby amended as follows:
(e) Notices to the public. If a variance, or interpretation or a
special permit is requested, the appellant shall send notice
of the same by mail to all property owners within 200 feet of
the boundaries of the lot under consideration. Such notice
shall state the relief sought, the type of use contemplated
and such additional information as shall be required by the
Zoning Administrator Director of Zoning Administration or the
designee of the Director of Planning and Development and shall
be mailed five days prior to the meeting of the Planning Board
which next precedes the public hearing. Proof of such mailing
shall be filed with the Board of Appeals prior to the holding
of the public hearing.
Section 4. Section 325-40B(2)(f) of Chapter 325, Zoning, of the Municipal
Code of the City of Ithaca is hereby amended as follows:
Approved at the
July 10, 2019 PEDC Meeting
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning” To Article III, Special Conditions and Special
Permits
The ordinance to be considered shall be as follows:
ORDINANCE NO.
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as
follows:
Section 1. The title of Article III of Chapter 325, Zoning, of the
Municipal Code of the City of Ithaca is hereby amended to read “Special
Permits and Related Special Conditions”.
Section 2. Section 9 of Chapter 325, Zoning, of the Municipal Code of
the City of Ithaca is hereby repealed in its entirety.
Section 3. A new section 9, entitled “Special Permits”, of Chapter
325, Zoning, is hereby added to the Municipal Code of the City of
Ithaca, to read as follows:
A. Intent. The intent of this section is to set forth regulations
and conditions which shall apply to certain land uses and
activities which are incongruous or sufficiently unique in
terms of their nature, location and effect on the surrounding
environment and the quality of the community to warrant
special evaluation of each individual case.
B. Applicability.
(1) The uses listed under the district regulations in
§325-8, District Regulations, which require a special
permit from the Planning and Development Board are as
follows:
(a) Accessory apartments in all R-1, R-2, CR-1, and
CR-2 districts.
(b) Cemeteries in all districts.
(c) Public utility facilities in all districts.
(d) Schools and related uses in all residential
districts.
(e) Nursery schools or child day-care centers in R-2,
CR-2 and R-U districts.
(f) Neighborhood retail or service commercial
facilities in R-2, R-3, CR-2, CR-3, and CR-4
districts.
(g) Hospitals or sanatoriums in R-3, CR-3, and CR-4
districts.
(h) Any use other than public recreation, classrooms,
or living accommodations in P-1 districts that
are located within 200 feet of adjoining
residential districts.
Approved at the
July 10, 2019 PEDC Meeting
b) West State/MLK Street Rezoning
Draft Resolution – Declaration of Lead Agency
Moved by Alderperson Fleming; seconded by Alderperson Brock. Carried
Unanimously
An Ordinance Amending the Municipal Code of the City of Ithaca, Chapter 325,
Entitled “Zoning” to Establish Minimum Story Height Requirements in all CBD
Zoning Districts and a Minimum Stepback Requirement for Properties on the
300, 400, and 500 Blocks of West State/MLK Street.
WHEREAS, State Law and Section 176-6 of the City Code require that a lead
agency be established for conducting environmental review of projects in
accordance with local and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local
environmental review, the lead agency shall be that local agency which has
primary responsibility for approving and funding or carrying out the action,
and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to
the City Environmental Quality Review (CEQR) Ordinance, which requires
environmental review under CEQR; now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare
itself lead agency for the environmental review of the proposal to amending
the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning,” to
Establish Minimum Story Height Requirements in all CBD Zoning Districts and
a Minimum Stepback Requirement for Properties on the 300, 400, and 500
Blocks of West State/MLK Street, City of Ithaca Tax Parcels; 71.-1-10, 71.-
1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16, 71.-1-17, 71.-1-18,
71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-
1-8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-20,
71.-2-4, 71.-2-5, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-
17.2, 71.-5-18, 71.-5-19, 71.-5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-5-24,
71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11,
71.-6-12, 71.-6-13, 71.-6-14, 71.-6-15, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-
20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-25, 71.-6-26, 71.-6-5,
71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14, 72.-3-15,
72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20,
72.-3-23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-3-9,
72.-4-10, 72.-4-13, 72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9.
Draft Resolution – Negative Declaration of Environmental
Significance,
Moved by Alderperson Brock; seconded by Alderperson Fleming.
Carried unanimously.
An Ordinance Amending the Municipal Code of the City of Ithaca,
Chapter 325, Entitled “Zoning” to Establish Minimum Story
Height Requirements in all CBD Zoning Districts and a Minimum
Stepback Requirement for Properties on the 300, 400, and 500
Blocks of West State/MLK Street.
Approved at the
July 10, 2019 PEDC Meeting
WHEREAS, the Common Council of the City of Ithaca is
considering a proposal to establish minimum story height
requirements in all CBD Zoning Districts and a minimum stepback
requirement for properties on the 300, 400, and 500 blocks of
West State/MLK Street, City of Ithaca Tax Parcels; 71.-1-10,
71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16,
71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-3,
71.-1-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-
14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-20, 71.-2-4, 71.-2-5,
71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2,
71.-5-18, 71.-5-19, 71.-5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-
5-24, 71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1,
71.-6-10, 71.-6-11, 71.-6-12, 71.-6-13, 71.-6-14, 71.-6-15,
71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22,
71.-6-23, 71.-6-24, 71.-6-25, 71.-6-26, 71.-6-5, 71.-6-6, 71.-
6-7, 71.-6-8, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14, 72.-3-15,
72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2,
72.-3-20, 72.-3-23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6,
72.-3-7, 72.-3-8, 72.-3-9, 72.-4-10, 72.-4-13, 72.-4-14, 72.-4-
3, 72.-4-4, 72.-4-5, and 72.-4-9, and
WHEREAS, the proposed action is a Type 1 Action under the City
Environmental Quality Review Ordinance,§ 176-4 Type 1 Actions,
B.7, “The adoption of zoning map changes and changes in the
allowable uses within any zoning district, affecting 2 or more
acres in the district”, and
WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full Environmental
Assessment Form (FEAF) Part 1, dated May 22, 2019, and Part 2,
dated May 23, 2019, and
WHEREAS, the Common Council of the City of Ithaca, acting as
lead agency, has reviewed the FEAF prepared by Planning Staff;
now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this
matter, hereby adopts as its own the findings and conclusions
more fully set forth on the Full Environmental Assessment Form,
Part 1, dated May 22, 2019, and Part 2, dated May 23, 2019, and
be it further
RESOLVED, that this Common Council, as lead agency in this
matter, hereby determines that the proposed action at issue
will not have a significant effect on the environment, and that
further environmental review is unnecessary, and be it further
RESOLVED, that this resolution constitutes notice of this
negative declaration and that the City Clerk is hereby directed
to file a copy of the same, together with any attachments, in
Approved at the
July 10, 2019 PEDC Meeting
the City Clerk’s Office, and forward the same to any other
parties as required by law.
Approved at the
July 10, 2019 PEDC Meeting
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning” To Establish Minimum Story
Height Requirements in all CBD Districts and a Minimum Stepback
Requirements for Properties on the, 300, 400, and 500 Blocks of
West State Street
The ordinance to be considered shall be as follows:
ORDINANCE NO.
Moved by Alderperson Fleming; seconded by Alderperson Brock.
Carried unanimously.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA,
CHAPTER 325, ENTITLED “ZONING” TO AMEND All CBD ZONING
DISTRICTS
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 all CBD
Zoning Districts, to read as follows:
“All new construction in the CBD Zoning Districts are required
to have a minimum height of 12’ floor to floor on the first
story and a minimum 10’floor to floor for each subsequent
story.”
Section 2. Chapter 325, Section 325-8A, District Regulations
Chart, be amended to change the maximum height in the CBD-60
district to 62’, and to change the maximum height in the CBD-50
district to 52’. This is intended to allow for a 12’ minimum
height of the first story and a 10’ minimum height of each
subsequent story.
Section 3. Chapter 325, Section 325-5 of the Municipal Code of
the City of Ithaca, entitled “Zoning Map” is hereby amended to
change the zoning designation of the following parcels, or some
portion of these parcels, as shown on the attached map entitled
“Proposed West State Street Rezoning from CBD-60 to CBD-50 –
May 23, 2019”, from CBD-60 to CBD-50: 71.-1-10, 71.-1-11, 71.-
1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16, 71.-1-17, 71.-1-
18, 71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-1-
5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15,
71.-2-18, 71.-2-19, 71.-2-20, 71.-2-4, 71.-2-5, 71.-5-1, 71.-5-
10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-
Approved at the
July 10, 2019 PEDC Meeting
19, 71.-5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-5-24, 71.-5-4,
71.-5-5,
71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-
12, 71.-6-13, 71.-6-14, 71.-6-15, 71.-6-17, 71.-6-18, 71.-6-19,
71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-25,
71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-
10, 72.-3-12, 72.-3-14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-3-
18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3-23.2, 72.-
3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-3-9,
72.-4-10,
72.-4-13, 72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9.
Section 4. The City OF Ithaca Planning and Development Board,
the City Clerk and the Planning Department shall amend the
zoning map and the district regulations chart in accordance
with the amendments made herewith.
Section 5. 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 and to preserve
the pedestrian scale along the street front, all new
construction located in the portion of the CBD-60 District
directly fronting on the 300, 400, and 500 blocks of West
State/MLK Street, the front façade of any newly-constructed
structure must contain a stepback of 15’ after the first 32’
in height, before the structure can build up to the maximum
allowable height in this district.
Section 6. Severability. Severability is intended throughout
and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local
law is held to be invalid or unconstitutional by a court of
Approved at the
July 10, 2019 PEDC Meeting
competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 7. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
Approved at the
July 10, 2019 PEDC Meeting
c) Immaculate Conception Planned Unit Development – Conditional
Approval
Moved by Alderperson Fleming; seconded by Alderperson Brock.
Carried unanimously.
Proposed Planned Unit Development Application- City of Ithaca
Planned Unit Development (PUD) –Conditional Approval: INHS
Redevelopment of the Former Immaculate Conception School -
Common Council Conditional Approval – Resolution
WHEREAS, on April 4, 2018, the Common Council adopted
legislation creating a Planned Unit Development Overlay
District (PUDOD), which allows the Common Council to have
flexibility to approve projects that may not fit into the
underlying zoning, but may have benefits for the community that
outweigh any impacts resulting from not complying with the pre-
established regulations for that district; and
WHEREAS, on March 14, 2019, the City of Ithaca received the
enclosed application from Ithaca Neighborhood Housing Services,
for a Planned Unit Development (PUD) project to be located at
320-324 & 330 W. Buffalo St, and 309 N. Plain Street, and
WHEREAS, the applicant is proposing the redevelopment of the
former Immaculate Conception School into a vibrant mixed-use
community, with a goal of providing both rental and for-sale
housing that is affordable at a range of household incomes
(from less than 30% AMI up to 90% AMI for the rental units and
80% AMI or below for the for-sale units) and that is suitable
for a range of household sizes (from single people to large
families), and
WHEREA, the proposed project will also provide space for non-
profit organizations and will transfer the existing gymnasium
to GIAC, and
WHEREAS, the total proposed development contains the following
elements:
• Retention of the 1948 wing of the existing school
building
• Demolition and replacement of the c. 1920s wing of the
school with a new four-story wing
• connecting to the 1948 wing to form an “L”
• Retention and rehabilitation of the Catholic Charities
Building for their continued use
Approved at the
July 10, 2019 PEDC Meeting
• Detachment of the gymnasium wing and sale to the City
for GIAC’s use
• Construction of an as-yet undetermined number of rental
row houses facing W. Buffalo Street between Catholic
Charities and N. Plain Street
• Demolition of the existing building at 309 N. Plain
Street and construction in that location of a group of
rental row houses
• Construction of a group of four for-sale row houses
facing N. Plain Street at W. Court Street
• The project will also include either the retention and
conversion of the two houses at 33o West Buffalo Street
into two rental units, or demolition to allow the
construction of an additional group of row houses facing
W. Buffalo.
• Adaptive re-use of a portion of the existing school
building for non-profit service organizations; and
WHEREAS, the project is intended to provide the following
benefits to the community
1. The property is currently wholly exempt. Upon completion,
we are projecting the project will pay approximately
$45,000 annually in property taxes via a PILOT.
2. The project is expected to result in the creation of 1.5
FTE INHS jobs that will be paid living wages. It is also
possible there could be new jobs created by the non-profit
organizations that occupy the space, but at this time that
is unknown.
3. The project will provide affordable housing.
4. The project will redevelop a vacant school building.
5. The project is required to award at least 30% of the value
of our State Housing Trust Fund loan to Certified MWBE
contractors, subs, or suppliers.
6. The project will adaptively re-use a largely vacant,
centrally located site, supporting the City’s
Comprehensive Plan goal of increasing residential density
through appropriate infill
7. The project will also provide space for a number of non-
profit organizations that serve the local community at a
reduced rent.
8. The project will transfer the existing gymnasium to GIAC;
and
Approved at the
July 10, 2019 PEDC Meeting
WHEREAS, a public information session, hosted by the applicant,
was held on May 13, 2019 and the meeting was advertised in the
Ithaca Journal, the property was posted with signs and property
owners within 500 feet of the property were notified by mail of
the meeting, and
WHEREAS, the process for consideration of an application for
Planned Unit Development requires that the applicant obtain an
approval in concept from the Common Council prior to beginning
the site plan review process, and
RESOLVED, that the Common Council does hereby grant an approval
in concept to Ithaca Neighborhood Housing Services for their
application for a Planned Unit Development district to be
established on parcel numbers 60.-2-5, 60.-2-11 and 60.-2-12.,
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 Planning Board update the Common Council after each
Planning Board meeting where this project is considered and to
request ongoing written comments from the Common Council, 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.
d) City Harbor Grant Application Endorsement
Tom Knipe explained the reasoning behind these changes. Alderperson Brock
thanked Tom Knipe was all his work on this.
Moved by Alderperson Fleming; seconded by Alderperson Brock. Carried
unanimously.
Approved at the
July 10, 2019 PEDC Meeting
Mayor Svante Myrick left the meeting at 7:05 p.m.
e) IPD/TCSO Co-location Study
A Resolution in Support of Evaluating the Feasibility of Establishing a Joint City and County
Public Safety Facility
Moved by Alderperson Fleming; seconded by Alderperson Brock. Carried unanimously.
This resolution is also the same as the one that the County will vote on. Attorney Lavine stated the
dollar amounts are left out, but will be added at the Council meeting.
WHEREAS, Tompkins County Administration and the Tompkins County Sheriff are evaluating the
need for renovation or replacement of the Public Safety building located on Warren Road in the
Town of Lansing, and
Approved at the
July 10, 2019 PEDC Meeting
WHEREAS, the City of Ithaca is evaluating the need for replacement of the current Police Station
located on East Clinton Street in the City of Ithaca, and
WHEREAS, Governor Cuomo has consistently stated support for the concept of municipal shared
services in order to reduce cost and increase the efficiency of the provision of governmental
services to the public, and
WHEREAS, a report prepared by the TCCOG Municipal Shared Services Taskforce in 2017
recommended the consideration of shared police services, including the use of shared space by the
various police agencies operating in Tompkins County, and
WHEREAS, the police agencies have already demonstrated the benefits that arise from cooperation
and the use of shared resources, through establishing a joint SWAT team, the Crisis Incident
Negotiation Team, cooperation on major investigations and cross-agency drug cases, shared
training programs, shared equipment usage, and other activities to improve the overall public safety
in our community through working together, and
WHEREAS, in response to the recommendations in the Municipal Shared Services Task Force
Report, the City of Ithaca and Tompkins County have engaged in informal conversations about the
possibility of increasing the use of shared services, including consideration of meeting the emerging
facility needs of the City and County, and
WHEREAS, as a result of those discussions, the City and County (Resolution ID 8071
Appropriation from Contingent Fund and Authorization to Execute an Agreement for Consulting for
a Tompkins County and City of Ithaca Law Enforcement Co-Location Study, dated September 20,
2018) agreed to engage a consultant to examine the feasibility of a joint public safety facility to
house the City Police Department and the Sheriff Road Patrol and Civil Division, including
development of programmatic space needs and the examination of possible sites that would meet
program requirements, and
WHEREAS, having received a report and recommendations from their consultant, Kingsbury
Architecture, including the identification of possible sites, the City and County desire to further
develop whether a joint public safety facility would be a feasible and cost effective solution to the
needs of the County and the City, and
WHEREAS, the City and County wish to examine the feasibility of development of one of the
identified sites, it is hereby:
RESOLVED, that in cooperation with the City of Ithaca, Tompkins County agrees to funding a
more detailed architectural and engineering study of a joint public safety facility, on the property
located at ____, being tax map parcel _____, with the County and City providing equal shares in
an amount to be determined from each party with the goal of providing and determining the
following information:
• Preparation of preliminary sketches to fulfill program requirements;
• Description of site environmental, elevation, floodplain, and soil conditions;
• Estimates of square footage and a proposed building layout;
• Details of shared County/City facilities and functions;
• Plotting of facilities onto the recommended site, including the adaptive reuse of the
existing structure located thereon;
• Estimates of cost; and
• Estimates of construction timeline,
Approved at the
July 10, 2019 PEDC Meeting
with the goal of providing the County and City with the necessary basis to evaluate the costs and
benefits associated with such a joint public safety facility, and it is
FURTHER RESOLVED, that in cooperation with the City of Ithaca, Tompkins County agrees to
funding an operational study of a joint public safety facility, with the County and City providing
equal shares in an amount to be determined from each party, with the goal of providing the County
and City with a logistical analysis of the operational use of shared facilities by the Sheriff and City
Police agencies, and
FURTHER RESOLVED, that City and County staff shall prepare Scopes of Work for the
architectural and engineering study and the operational study for further approval by both the City
and County,
FURTHER RESOLVED, that the County Administrator and the City Attorney are hereby directed
to develop the Request For Proposals for an architectural and engineering study, and an
operational study as described herein, and
FURTHER RESOLVED, that the City and County shall make a joint approach to New York State
to request reimbursement of the amount committed through this resolution for evaluation and
planning consulting services, and
FURTHER RESOLVED, that the City and County shall conduct a joint public information session
to describe the proposed project and to receive public input regarding the same.
f) City/Town MOU for Inspections of North Campus Housing
Planning and Economic Development Committee
Draft Resolution, June 12, 2019
Moved by Alderperson Fleming; seconded by Alderperson Brock. Carried unanimously.
Agreement between the City of Ithaca and the Town of Ithaca for Building Permitting,
Inspection, and Related Services for the Cornell University North Campus Residential
Expansion
This Agreement is effective as of ______________, 2019.
WHEREAS, Cornell University (hereafter, “Cornell”), c/o Real Estate Department, Box DH-Real Estate,
Ithaca, New York 14853, has proposed a real estate development project on its campus, entitled the North Campus
Residential Expansion (hereafter, “NCRE”), that seeks to construct five new undergraduate student residence halls
and related facilities on tax parcels 30.-1-1.2 (City) and 67.-1-1.1 (Town); and
Approved at the
July 10, 2019 PEDC Meeting
WHEREAS, the NCRE proposal requires approval of the City of Ithaca (hereafter, the “City”), 108 E.
Green Street, Ithaca, New York 14850, and the Town of Ithaca (hereafter, the “Town” and, collectively with the
City, the “Municipal Parties”), 215 N. Tioga Street, Ithaca, New York 14850; and
WHEREAS, two of the NCRE’s proposed residence halls (Buildings 1 and 2 as shown on the preliminary
site plans approved by the City and Town on March 26, 2019 and April 2, 2019, respectively) are entirely within
the geographic bounds of the City, and the remaining three proposed residence halls (Buildings 3, 4 and 5 on the
approved preliminary site plans) are within the geographic bounds of both Municipal Parties; and
WHEREAS, Article IX, Section 1(c) of the New York State Constitution and Article 5-G of the General
Municipal Law empower local governments in the State of New York to enter into agreements amongst
themselves for the provision of joint services, and Executive Law § 381(2) states “Two or more local governments
may provide for joint administration and enforcement of the uniform code, the state energy conservation
construction code, or both, by agreement pursuant to article five-G of the general municipal law”; and
WHEREAS, although Cornell proposes to construct five separate residence halls, the City and the Town
agree that such proposal constitutes a single unified development project that is best served by uniform building
permitting, code inspection, and related services for all five residence halls and other structures and improvements
on the NCRE project site (the “Site”);
NOW THEREFORE, in consideration of the mutual covenants and consideration contained herein, the
Municipal Parties agree and contract as follows:
1. All portions of the Site within the geographic boundaries of the City (as shown on the
final site plans approved by the City and Town) are subject to the City’s zoning ordinance, City Code
Chapter 325, the City’s site plan review requirements, City Code Chapter 276, and all other City Code
requirements.
2.) All portions of the Site within the geographic boundaries of the Town (as shown on
the final site plans approved by the City and Town) are subject to Town Code requirements, except
City Code Chapter 146 (Building Code Enforcement) and Chapter 181 (Fire Prevention) shall apply
instead of Town Code Chapter 125 (Building Construction and Fire Prevention) and Town Code § 270-
233.A (permit to build). Town Code requirements that apply within the Town’s geographic boundaries
include, but are not limited to, Town Code Chapter 270 (Zoning) (except for § 270-233.A (Permit to
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July 10, 2019 PEDC Meeting
build)), Chapter 173 (Outdoor Lighting), Chapter 228 (Stormwater Management and Erosion and
Sediment Control), sewer requirements in Town Code Chapters 210 and 214-217, and water
requirements in Town Code Chapters 256 and 261. The applicable Town Code requirements are
collectively referred to as “Applicable Town Code Requirements Except for fees and charges
associated with building permits, certificates of occupancy/compliance, and inspections described in
Sections 7 and 9 below, each Municipal Party shall apply, collect and keep all other typically assessed
charges or fees associated with all buildings, structures and improvements on the Site within its
jurisdiction (such as zoning, special permit, site plan, variance and utility fees and charges).
3.) The City shall consult with building permit applicants, process all initial and future
building applications, and issue all initial and future building permits as required by Part 1203 of Title
19 of the New York Codes, Rules and Regulations (NYCRR) and as specified in Section 6 below, for all
buildings, structures, and improvements located on the Site requiring such permits regardless of
geographic location, including all future proposed buildings, structures, and improvements. All
references in this agreement to buildings, structures and/or improvements shall include any
alterations or repairs made to them.
4.) The City shall issue no building permit under this agreement for any building,
structure, or improvement requiring a building permit that is wholly or partially within the Town
unless and until the Town sends the City a “zoning only permit” from the Town Director of Code
Enforcement or its designee stating (i) Cornell has satisfied all applicable pre-construction special
permit and site plan review requirements and conditions for such building, structure, or improvement
(or portion thereof) within the Town and (ii) such building, structure, or improvement (or portion
thereof) within the Town requiring a building permit complies with, or has received all necessary
variances from, the Town’s zoning chapter, and complies with all other Applicable Town Code
Requirements.
Approved at the
July 10, 2019 PEDC Meeting
5.) The City shall, regardless of location, issue building permits under this agreement in
accordance with City Code Chapter 146 (Building Code Enforcement) and City Code Chapter 181 (Fire
Prevention), and with all State laws, rules, and regulations as are ordinarily applied by the City for such
buildings, structures, or other improvements. This includes, but is not limited to, the New York State
Uniform Fire Prevention and Building Code, and the New York State Multiple Residence Law. For those
portions of buildings, structures and improvements located within the City of Ithaca, the City will also
apply its other local laws, rules, and regulations as are ordinarily applied by the City, including City
Code Chapter 210 (Housing Standards).
6.) The City shall collect and keep all building permit fees for building permits it issues
under this agreement, regardless of location, as are ordinarily assessed under City Code Chapter 146,
or any other City Code or practice, for such buildings, structures, or other improvements.
7.) The City shall, regardless of location, issue all initial and future certificates of
occupancy/compliance and conduct all code inspections, operating permit inspections and fire and
electrical inspections for any building, structure, or improvement within the Site as required by 19
NYCRR Part 1203. The City shall issue no certificate of occupancy/compliance under this agreement
for any building, structure, or improvement requiring such a certificate that is wholly or partially
within the Town unless and until the Town sends the City a letter from the Town Director of Code
Enforcement (or its designee) stating Cornell has satisfied all applicable pre-certificate special permit,
site plan and variance conditions for such building, structure, or improvement (or portion thereof)
within the Town. In issuing such certificates and conducting such inspections, the City shall apply City
Code Chapter 146 (Building Code Enforcement) and City Code Chapter 181 (Fire Prevention), as well as
all State laws, rules, and regulations as are typically applied by the City for such buildings, structures,
or improvements within the City, including, but are not limited to, the New York State Uniform Fire
Prevention and Building Code and the New York State Multiple Residence Law. For those buildings,
structures and improvements (or portions thereof) located within the City of Ithaca, the City will also
Approved at the
July 10, 2019 PEDC Meeting
apply its other local laws, rules, and regulations as are ordinarily applied by the City, including City
Code Chapter 210 (Housing Standards).
8.) The City shall collect and keep all charges and fees for certificates of
occupancy/compliance and inspections conducted under this agreement, regardless of location, as are
ordinarily assessed under City Code Chapter 146 (Building Code Enforcement), Chapter 181 (Fire
Prevention), or any other City Code chapter or practice, for such buildings, structures, or other
improvements.
9.) Employees and officers of the City are authorized to, and shall, process, investigate
and respond to all code violations and complaints, and issue any orders regarding the enforcement of
the State and local laws, rules, and regulations described in the previous paragraphs of this agreement
in relation to the Site regardless of location of the underlying building, structure, or improvement.
The City further shall maintain records of all inspections and applications pertaining to the buildings,
structures, or improvements located within the Town of Ithaca portion of the Site, make such records
available to the Town upon reasonable advance notice, shall respond to inquiries from the Town
about such records or the City’s services within the Town and provide annual reports as may be
reasonably requested by the Town.
10.) The City shall bring any necessary enforcement proceeding for violations of the State
and local laws, rules, and regulations (including Applicable Town Code Requirements) described in the
previous paragraphs of this agreement in relation to the Site, regardless of location of the underlying
building, structure, improvement, use or activity for which proceedings are commenced. The City will
pay for all enforcement costs, including witness and attorney time, and will keep all penalties and
fines that may be assessed as a result of such enforcement proceedings.
11.) Any authority heretofore conferred on the Town Code Enforcement Officers pursuant
to the Town Code or other applicable laws, rules or regulations is hereby conferred upon the City Code
Approved at the
July 10, 2019 PEDC Meeting
Enforcement Officers and other City employees and officers to undertake the City services within the
Town described in this agreement.
12.) The City’s employees performing services under this agreement shall not be
considered Town employees for any purpose. The City and its employees shall have no claim against
the Town for any compensation, worker's compensation, vacation pay, sick leave, retirement benefits,
social security benefits, disability insurance benefits, unemployment insurance benefits, or any other
employee benefits, all of which shall be the City’s sole responsibility. The Town will not withhold on
behalf of the City any sums for income tax, unemployment insurance, social security, or any other
withholding.
13.) The Town shall not make any payments to the City for its services. The Municipal
Parties agree that the fees, charges, penalties and fines that the City will collect under this agreement
are adequate compensation to the City for its services.
14.) The City agrees to fully defend, indemnify and hold harmless the Town and its
officers, elected officials, Boards, employees, and agents from and against all claims, actions, suits,
demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses
(including without limitation reasonable attorney’s fees and costs) (collectively referred to as
“Claims”), whether or not involving a third party claim, which any or all of them may incur, resulting
from bodily injuries (or death) to any person, damage (including loss of use) to any property, other
damages, or contamination of or adverse effects on the environment, caused by the acts or omissions
of the City or the City’s employees, agents or subcontractors, in connection with the services it
performs or is required to perform for the Town or on its own behalf under this agreement. This duty
for the City to defend, indemnify and hold harmless the Town shall not extend to Claims described in
paragraph 13 below.
15.) The Town agrees to fully defend, indemnify and hold harmless the City and its officers,
elected officials, Boards, employees, and agents from and against all claims, actions, suits, demands,
Approved at the
July 10, 2019 PEDC Meeting
damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without
limitation reasonable attorney’s fees and costs), which any or all of them may incur, resulting from
bodily injuries (or death) to any person, damage (including loss of use) to any property, other
damages, or contamination of or adverse effects on the environment, caused by the acts or omissions
of the Town or the Town’s employees, agents or subcontractors, to the extent they are based on the
Town’s zoning, special permits, site plans, or variances.
16.) Each Municipal Party hereby agrees to maintain at all times General Liability insurance
in the amount of at least $1,000,000.00 per occurrence for bodily injury or property damage, to list
the other Municipal Party as an additional insured under said insurance policy, and to provide written
proof of such insurance from the insurer, at the time of execution of this agreement, and as may be
otherwise required by the other Municipal Party.
17.) This agreement shall be effective on the date it is fully executed by both Municipal
Parties and Cornell (which is signing to indicate that it has seen and approved the agreement). This
agreement shall remain in effect for five (5) years as written unless and until terminated or modified
upon the written agreement of both Municipal Parties. This agreement shall renew automatically for
successive five (5) year terms upon the same terms and conditions unless a Municipal Party gives
written notice to the other Municipal Party at least one year prior to the renewal date that the
agreement will not renew. Either Municipal Party may terminate this Agreement for convenience
upon one year’s notice to the other Municipal Party.
18.) Any notices or other communications given under or in relation to this agreement
shall be deemed duly given if served personally or by commercial courier service upon the other
Municipal Party at the address set forth above, or if mailed by certified mail to the other Municipal
Party at the address set forth above, return receipt requested. All notices shall be effective upon the
date of receipt. Either Municipal Party may change the address to which notices are sent by giving
notice of such change in the manner set forth above to the other Municipal Party.
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July 10, 2019 PEDC Meeting
19.) While not a party to this agreement, Cornell’s signature on this agreement signifies
that it has read and approves of its provisions.
20.) This writing constitutes the entire understanding and complete agreement of the
Municipal Parties.
21.) This agreement may be executed in multiple counterparts, all of which together shall
constitute the same instrument; and
NOW THEREFORE, be it further resolved, that the Mayor, subject to the advice of the
City Attorney, is authorized to execute an MOU with the Town of Ithaca substantially similar to
the MOU included herewith.
IN WITNESS WHEREOF, the City and Town, upon passage of proper resolutions of their respective
governing boards, authorize their respective Mayor and Supervisor to execute this agreement.
SIGNED:
CITY OF ITHACA
_____________________________
By:
STATE OF NEW YORK
COUNTY OF TOMPKINS: ss.:
On the day of in the year 2019, before me, the undersigned, personally appeared
, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument.
TOWN OF ITHACA
_____________________________
By:
STATE OF NEW YORK
COUNTY OF TOMPKINS : ss.:
On the day of in the year 2019, before me, the undersigned, personally appeared
, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument.
Approved at the
July 10, 2019 PEDC Meeting
______________________________
Notary Public
SEEN AND APPROVED:
CORNELL UNIVERSITY
_____________________________
By:
STATE OF NEW YORK
COUNTY OF TOMPKINS : ss.:
On the day of in the year 2019, before me, the undersigned, personally appeared
, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument.
______________________________
Notary Public
5) Action Items (Approval to Circulate)
a) IAWWTF Disclosure of Ordinance
ORDINANCE 2019-
Moved by Alderperson Fleming; seconded by Alderperson Brock. Carried
Unanimously.
This will be circulated and will be brought back in July.
Alderperson Brock explained the need to bring this forward now.
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
Approved at the
July 10, 2019 PEDC Meeting
the City, and to minimize potential conflict between 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, 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 west of Route 13 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, biosolids 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
Approved at the
July 10, 2019 PEDC Meeting
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, rental agreement, 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
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 biosolids 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/Renter:___________________________
Date:____________________
Buyer/Renter:___________________________
Date:____________________
Approved at the
July 10, 2019 PEDC Meeting
(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 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 with 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.
6) Discussion
Approved at the
July 10, 2019 PEDC Meeting
a) Infill Guideline
Chair Murtagh reminded all that this is just a discussion tonight. There will be no
vote.
Senior Planner Kusznir stated that in order to help people understand the infill
housing concept, she and Planner Phillips constructed two different maps to see
where in the City infill development would work. The first set of maps show what
currently exist and the second set shows what it would look like.
Alderperson Fleming asked about parking requirements.
Senior Planner Kusznir stated that for the secondary structure there is no parking
requirement. It was decided that there is no parking requirement because you
cannot have a parking requirement and more green space.
Planner Phillips stated that the maps do not take into account any accessory
structures in both sets of the maps.
Chair Murtagh stated we all have to remember that if we adopt this it will
drastically constrict the green space in neighborhoods but increase housing, but
if we don’t it will allow more green space which would also bring more back yards
for relaxation both of very important factors to consider.
7) Review and Approval of Minutes
a) May 2019
Moved to approve by Alderperson Brock as amended; seconded by Alderperson.
Fleming. Carried unanimously.
8) Adjournment
Moved by Alderperson Fleming; seconded by Alderperson Brock. Carried
unanimously. The meeting was adjourned at 8:30 p.m.