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HomeMy WebLinkAboutMN-PLED-2015-05-13Approved at the July 8, 2015 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, May 13, 2015 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ellen McCollister, Cynthia Brock, and Josephine Martell Committee Members Absent: None Other Elected Officials Attending: Mayor Svante Myrick, and Alderpersons George McGonigal and J.R. Clairborne Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Jennifer Kusznir, Economic Planner, Department of Planning, Building, Zoning, and Economic Development; Nels Bohn, Director, Ithaca Urban Renewal Agency; Lynn Truame, Community Development Planner, Ithaca Urban Renewal Agency; Debbie Grunder, Executive Assistant, Department of Planning, Building, Zoning, and Economic Development Others Attending: Form Ithaca (C.J. Randall, Robert Steuteville, Noah Demarest), and Michael Kuo, Commons Project Manager Chair Seph Murtagh called the meeting to order at 6:01 p.m. 1) Call to Order/Agenda Review The April 2015 will not be voted on at this meeting. 2) Public Comment and Response from Committee Members Nancy Ramage, 964 East State Street, spoke on the foreclosed properties. She urges the City not to sell these properties Approved at the July 8, 2015 PEDC Meeting Fay Gougakis, 171 East State Street, spoke against the proposed bike plan on Cayuga Street which is what was done on Seneca Street. More testing and more review are needed. She also spoke on the Commons signage. Why are they not up? The signage was approved in February, and they still are not up. Andy Zepp, 214 Cascadilla Park, spoke on the foreclosure pro perties. He urges demolition of the Lake Street properties. Look at the site as a whole. Marguerite Fabrizio, 105 Cascadilla Park Road, spoke on the foreclosure properties. Twenty-five years ago this area was designated as part of the New York State River regulations. Todd Bittver, 533 Ringwood Road, Freeville, works at Cornell University Plantations. If Ithaca is a sustainable community, the Lake Street properties should be pulled from the foreclosed properties and preserve the Natural Area of these properties. Joe McMahon, 126 Sears Street, spoke on the Ithaca Falls properties. We as a City are trying to preserve a natural area and hold as such and not developed. The property is secluded now, but it can be seen from across the bridge. Betsey Darlington, 204 Fairmount Avenue, spoke on the foreclosed properties. She encourages the City to keep those properties as is. Alderperson Martell read into record a resolution from the NAC (Natural Areas Commission). That resolution is attached. 3) Special Order of Business a) Public Hearing: Proposal to Amend the MH-1 Zoning District Alderperson Kerslick moved to open the public hearing; Alderperson McCollister seconded this motion. Carried unanimously. Alderperson McGonigal read into the record a summary of what transpired at the May 11, 2015 CAC (Conservation Advisory Commission) supporting regarding the proposed changes to the MH-1 ordinance. The CAC does not recommend this change of the ordinance setback requirements due to flood control. Alderperson McCollister moved to close the public hearing; Alderperson Kerslick seconded to close the public hearing. Carried unanimously. b) Public Hearing: 2015 Action Plan Alderperson Kerslick moved to open the public hearing; Alderperson McCollister seconded the motion. Carried unanimously. Approved at the July 8, 2015 PEDC Meeting No one from the public was present to speak on this topic. Alderperson McCollister moved to close the public hearing; Alderperson Brock seconded the motion. Carried unanimously. Mayor Svante Myrick joined the meeting at 6:45 p.m. c) Special Presentation: Form Ithaca C.J. Randall, Robert Steuteville, and Noah Demarest presented to Part I, Character Preferences and Focus Areas, of the Form Ithaca project they are working on. The entire Part I is attached to these minutes for review. They also provided their upcoming schedule listed here: June 3 – 6, 2015 – Focus Area Planning Charrette September 2015 – Consultant Presentation to City and Town December 2015 – Anticipated City Common Council and Town Board formal acceptance of Draft Zoning Report Early 2016 – Formal Municipal Review Process of Re-zoning Approved at the July 8, 2015 PEDC Meeting 4) Announcements, Updates, and Reports a) Commons Update Michael Kuo, Commons Project Manager, provided the project update which is attached to these minutes. Alderperson McGonigal stated that Bank Alley is beautiful. He asked whether noise issues have been addressed for live music from the Bernie Milton Pavilion. Michael Kuo stated that is not part of his contract. JoAnn Cornish stated that this has been discussed but wasn’t added to the current contract but will be looked at. Alderperson McCollister asked for Michael Kuo’s opinion of the construction documents used which was stated by an upset contractor who has worked on the Commons. In his opinion the construction documents may have been over detailed. Alderperson Brock thanked Michael Kuo for all is work and his ongoing management of the project. One of her concerns looking back on the project is that maybe there should have been a City representative on board at the site the design committee with the purpose of looking at materials costs, labor and maintenance, as we now have an over-designed project which is more like a “hotel lobby” than a pedestrian plaza. She further asked for the plan of action and budget to maintain the Commons in its new condition. JoAnn Cornish responded to Brock’s concern of there not being a City representative on board at the site stating that the fault may fall on the Commons Committee who may have not provided all the updates and decisions that were made along the way. Mayor Myrick responded to the question of maintenance stating that there is a maintenance budget now. There wasn’t one in the past. That is why the Commons fell to such disrepair. JoAnn Cornish stated that every step of the way maintenance was considered, i.e., the longevity of the product, etc. Alderperson Clairborne asked about the tripping hazards and vandalism we’ve had in the past, signage, and the substantial deadline of July 31st – how reliable is that deadline? Michael Kuo stated that he just had a meeting with the contractors, and we are on schedule for a July 31st completion. Kuo responded that any tripping hazards are Approved at the July 8, 2015 PEDC Meeting marked in bright orange, cones are placed over them, and the cones are nailed done down. Regarding the signage, Tammy Baker has put up the signage at the entrances to the Commons. They are taken down by vandals as quickly as they go up. JoAnn Cornish stated that there will be permanent signa ge when there is something to adhere them to. Tammy Baker further stated that she updates the merchants as well as the apartments and the hotels regularly with hand-delivered updates. Alderperson Kerslick asked about the plantings surviving in the sun and heat without the much needed shade. Michael Kuo stated that the plantings will need a full year to take hold so next year we will see. 5) Action Items – Voting to Send on to Council An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning” to Amend the Setback Requirements of the Mobile Home (MH-1) Zoning – Declaration of Lead Agency Moved by Alderperson McCollister; 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 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 Amend the Setback Requirements of the Mobile Home (MH-1) Zoning District in Order to reduce the rear yard setback requirement to 10’ and to eliminate the requirement that states that no mobile home may locate within 50’ of any existing right of way or within 30 Feet of any other property line. Approved at the July 8, 2015 PEDC Meeting An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning” to Amend the Setback Requirements of the Mobile Home (MH-1) Zoning – Declaration of Environmental Significance Moved by Alderperson Brock; Seconded by Alderperson McCollister. Carried unanimously. 1. WHEREAS, The Common Council is considering to amend the MH-1 zoning district in order reduce the rear yard setback requiremen t to 10’ and to eliminate the requirement that states that no mobile home may locate within 50’ of any existing right of way or within 30’ of any other property line, and 2. WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated April 22, 2015, and 3. WHEREAS, the proposed action is a “Unlisted” Action under the City Environmental Quality Review Ordinance, and 4. 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 1. RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated April 22, 2015, and be it further 2. 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 3. 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 8, 2015 PEDC Meeting ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED “ZONING” IN ORDER TO AMEND THE REQUIRED REAR YARD SETBACK IN THE MH-1 ZONING DISTRICT In Section 1 of the Ordinance, Alderperson Brock motioned to amend the ordinance to change the rear yard setback to 20’ not 10’; Alderperson McCollister seconded the motion. Failed 4-1. Alderperson McCollister moved the Ordinance as written; seconded by Alderperson Kerslick. Carried Unanimously. WHEREAS, the City of Ithaca has one area zoned for mobile homes, Nate’s Floral Estates, located in the Southwest Area of the City, and WHEREAS, the current MH-1 Zoning District restricts mobile home parks from locating any new mobile homes within 50 feet on any existing public way or within 30 feet of any other existing property line, and WHEREAS, when the MH-1 district was established the required setback was intended to create a visual buffer between the commercial property and the mobile home residential area, and WHEREAS, as a part of the approved site plan for Lowe’s, Benderson, the property owner, was required to place and maintain a wood fence along the property line between Nates Floral Estate, with an additional 60 foot vegetative storm water retention swale on the commercial side of the fence, and WHEREAS, the vegetated swale and fence create a visual buffer between the commercial property and Nate’s, and WHEREAS, increased property taxes, the scarcity of quality affordable housing, and the desire to live in the City, have created a renewed interest and demand for mobile home sites, and WHEREAS, given that physical buffers exist to provide visual protection to the residential area from the commercial district, and given that there is a high demand for additional mobile homes on the one mobile home park in the City, Planning staff has recommended removing the additional setback requirement and reducing the rear yard setback requirement to 10’, therefore Approved at the July 8, 2015 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 325-8, of the Municipal Code of the City of Ithaca is hereby amended in order to amend the district regulations chart, column 11, yard dimensions, in order to eliminate the front yard setback requirement in the MH -1 district, that states that no mobile home may be located within 50 feet of any existing public right of way or within 30 feet of any other property line; and to amend column 14/15, rear yard setback in order to reduce the required setback from 20% or 25’ to 10’ in the MH-1 zoning district. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. b) Proposal to Withhold Properties Acquired through Tax Foreclosure from Public Auction (401 Lake Street, Lake Street, and Mulberry Street) Tax Foreclosure Property, Withhold Mulberry Street parcel from Public Auction – Declaration of Lead Agency Moved by Alderperson McCollister; seconded by Alderperson Martell. Carried Unanimously. WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assessed Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400 $110,000 $18,382.28 and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, due to its location within the Six Mile Creek Natural Area and close proximity to Six Mile Creek, action to acquire or sell the Mulberry Street parcel is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and Approved at the July 8, 2015 PEDC Meeting WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that the Lead Agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, that the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed withholding of tax parcel #110.-5-9, Mulberry Street, from the public auction. Approved at the July 8, 2015 PEDC Meeting Tax Foreclosure Property; Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction - Environmental Determination Moved by Alderperson Martell; seconded by Alderperson McCollister. Carried unanimously . WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assessed Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400 $110,000 $18,382.28 and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby determines that the proposed withholding of tax parcel #110.-5-9, Mulberry Street, from public auction will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Approved at the July 8, 2015 PEDC Meeting Tax Foreclosure Property; Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction – Action Moved by Alderperson Martell; seconded by Alderperson Kerslick. Carried Unanimously. WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Size (sq. ft.) Assessed Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400 $110,000 $18,382.28 and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, the parcel is located within the Six Mile Creek Natural Area, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to another party with or without advertising for bids if confirmed by a majority vote of the Common Council or at public auction to the highest bidder without Common Council approval, and WHEREAS, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, the Natural Areas Commission (NAC) is the City’s advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends the City withhold tax parcel #110.-5-9, Mulberry Street, from the auction and retain it for “public use, designate it as parkland, and add it to the surrounding Six Mile Creek Natural Area”, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental review, determined that the proposed action will result in no significant impact on the environment and issued a Negative Declaration in accordance the City of Ithaca Environ mental Quality Review Ordinance; now, therefore, be it Approved at the July 8, 2015 PEDC Meeting RESOLVED, that the Common Council for the City of Ithaca hereby directs the Chamberlain to withhold tax map parcel #110.-5-9, Mulberry Street, from the public auction, and be it further RESOLVED, that the parcel shall be retained for public use and designated for inclusion in the Six Mile Creek Natural Area, and be it further RESOLVED, that the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #110.-5-9, Mulberry Street. Tax Foreclosure Property; Withhold Tax Parcel #12.-1-1 from Public Auction – Declaration of Lead Agency Moved by Alderperson Kerslick; seconded by Alderperson McCollister. Carried Unanimously. WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assessed Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400 $110,000 $18,382.28 and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, due to its close proximity to Fall Creek and the Ithaca Falls Natural Area, action to acquire or sell #12.-1-1 is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that the Lead Agency shall be that local agen cy which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, that the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed withholding of tax parcel #12.-1-1, Lake Street, from the public auction. Approved at the July 8, 2015 PEDC Meeting Tax Foreclosure Property; Withhold Tax Parcel #12.-1-1 from Public Auction - Environmental Determination Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Carried Unanimously 5 -0. WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assessed Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400 $110,000 $18,382.28 and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby determines that the proposed withholding of tax parcel #12.-1-1, Lake Street, from public auction will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Approved at the July 8, 2015 PEDC Meeting Proposed Resolution Planning & Economic Development Committee City of Ithaca Common Council May 13, 2015 Tax Foreclosure Property; Withhold Tax Parcel #12.-1-1 from Public Auction – Action Alderperson Martell moved to amend with an additional second to the last resolved; seconded by Alderperson Brock. Carried unanimously. Alderperson Kerslick moved the full resolution; seconded by Alderperson Martell. Carried unanimously. WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Size (sq. ft.) Assessed Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400 $110,000 $18,382.28 and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, the parcel is located adjacent to the Ithaca Falls Natural Area and within the boundary area of the river corridor of lower Fall Creek that is designated as a New York State Recreational River, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to another party with or without advertising for bids if confirmed by a majority vote of the Common Council or at public auction to the highest bidder without Common Council approval, and WHEREAS, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, the Natural Areas Commission (NAC) is the City’s advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends the City withhold tax parcel #12.-1-1 from the auction and retain it for “public use, designate it as parkland, rezone it to P-1, and add it to the adjacent Ithaca Falls Natural Area”, and Approved at the July 8, 2015 PEDC Meeting WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental review, determined that the proposed action will result in no significant impact on the environment and issued a Negative Declaration in accordance the City of Ithaca Environ mental Quality Review Ordinance; now, therefore, be it RESOLVED, that the Common Council for the City of Ithaca hereby directs the Chamberlain to withhold tax map parcel #12.-1-1, Lake Street, from the public auction, and be it further RESOLVED, that the parcel shall be retained for public use and designated for inclusion in the Ithaca Falls Natural Area, and be it further RESOLVED, that staff is directed to begin the process to consider rezoning the parcel to a P -1 zoning district, and be I further RESOLVED, that the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #12.-1-1, Lake Street. Proposed Resolution Planning & Economic Development Committee May 13, 2015 Tax Foreclosure Property, Sale of 401 Lake Street at Public Auction – Declaration of Lead Agency Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Carried Unanimously. WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assessed Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400 $110,000 $18,382.28 and, WHEREAS, 401 Lake St. (#12.-1-2) is proposed to be sold for the highest price at public auction, and WHEREAS, due to its close proximity to Fall Creek and the Ithaca Falls Natural Area, the proposed sale of 401 Lake Street is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and Approved at the July 8, 2015 PEDC Meeting WHEREAS, State Law specifies that the Lead Agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, that the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed sale of 401 Lake Street, #12.-1-2, at public auction. j:\community development\dispositions\city tax foreclosures\2015\401 lake st\reso p&ed 401 lake st - lead agency.doc Proposed Resolution Planning & Economic Development Committee May 13, 2015 Tax Foreclosure Property, Sale of 401 Lake Street at Public Auction – Environmental Determination Moved by Alderperson Kerslick; seconded by Alderperson Martell. Carried unanimously. WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assessed Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400 $110,000 $18,382.28 and, WHEREAS, 401 Lake St. (#12.-1-2) is proposed to be sold for the highest price at public auction, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby determines that the proposed sale of 401 Lake Street (#12.-1-2) at public auction will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Approved at the July 8, 2015 PEDC Meeting Proposed Resolution Planning & Economic Development Committee City of Ithaca Common Council May 13, 2015 Tax Foreclosure Property, Sale of 401 Lake Street at Public Auction - Action Moved by Alderperson Kerslick; seconded by Alderperson McCollister. Carried unanimously. WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Size (sq. ft.) Assessed Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400 $110,000 $18,382.28 and, WHEREAS, 401 Lake Street (#12.-1-2) is proposed to be sold for the highest price at public auction, and WHEREAS, 410 Lake Street is located adjacent to the Ithaca Falls Natural Area and within the boundary area of the river corridor of lower Fall Creek that is designated as a New York State Recreational River, and WHEREAS, Recreational River regulations prohibit new residential construction within 150 feet of Fall Creek for parcels located within the Recreational River boundary area, effectively p rohibiting new residential construction on the parcel, and WHEREAS, Recreation River regulations authorize rehabilitation, restoration, replacement or reconstruction of lawfully existing residential structures and expansion of up to 500 square feet of such residential structures, and WHEREAS, the vacant, boarded-up, single family dwelling at 401 Lake Street is a lawfully existing residence, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to another party with or without advertising for bids if confirmed by a majority vote of the Common Council or at public auction to the highest bidder without Common Council approval, and WHEREAS, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, should the City retain 401 Lake Street it will forego approximately $18,000 in taxes d ue, incur an additional $5,400 in future taxes due until tax-exempt status is established, and need to make decisions about the future of the vacant residence, and Approved at the July 8, 2015 PEDC Meeting WHEREAS, to return the site to a natural character would require demolition, clearance and site restoration at an estimated cost of up to $40,000, depending on the presence of asbestos, and WHEREAS, the Natural Areas Commission (NAC) is the City’s advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends withholding 401 Lake Street from the tax auction and “use the period up until the 2016 tax auction to gather public input and to study and consider the City’s options for this property, including parkland designation and inclusion in the Ithaca Falls Natural Area”, and WHEREAS, the decision to retain or sell this parcel sets public objectives to maximize tax collection, expand the property tax base and increase housing choices against competing objectives to protect the integrity of a Natu ral Area and support the tourism industry, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental review, determined that the proposed action will result in no significant impact on the environment and issued a Negat ive Declaration in accordance the City of Ithaca Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council for the City ofithaca herby directs the City Chamberlain to withhold property located at 401 Lake Street, tax map parcel #12.-1-2, from public auction, and be it further RESOLVED That the parcel shall be retained for public use and designated for inclusion in the Ithaca Falls Natural Area, and be it further RESOLVED, That staff is directed to begin the process to consider rezoning the parcel to a P-1 zoning district, and be it further RESOLVED, that the Common Council for the City of Ithaca hereby authorizes the City Chamberlain to sell property located at 401 Lake Street, tax map parcel #12.-1-2, at public auction to the highest bidder, with any net proceeds received from the sale in excess of the amount due to be applied to retire taxes due on other foreclosed properties retained by the City. RESOLVED, that the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #12.-1-2, 401 Lake Street. After discussion of this property, the three (3) resolves were added to the resolution. All amendments carried unanimously. The last resolved was also changed to reflect the amended resolves. This amendment also carried unanimously. Approved at the July 8, 2015 PEDC Meeting c) 2015 Action Plan Alderperson Brock thanked the IURA for the addition of the Hospitality Employment Training Program and the Spencer Road sidewalks. 2015 Action Plan – HUD Entitlement Program Moved by Alderperson Brock; seconded by Alderperson Martell. Carried 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 WHEREAS, 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 2015 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2015 HUD Entitlement program allocation and associated funds administered by the IURA, and WHEREAS, funding available to be allocated through the 2015 Action Plan funding process is anticipated to include the following: $671,646.00 CDBG 2015 allocation $37,868.27 CDBG 2013 carryover $6,000.00 CDBG 2013 recaptured funds $11,636.61 CDBG 2014 carryover program income $120,000.00 CDBG 2015 projected program income $368,661.00 HOME 2015 allocation $1,215,811.88 Total, and WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2015 Action Plan in accordance with the City of Ithaca Citizen Participation Plan, and WHEREAS, at their April 2, 2015 meeting, the IURA adopted a recommended 2015 Action Plan; now, therefore, be it Approved at the July 8, 2015 PEDC Meeting RESOLVED, that the Common Council for the City of Ithaca hereby adopts the IURA- recommended 2015 Action Plan, dated April 2, 2015 for allocation of the City’s 2015 HUD Entitlement Program award along with additional funds listed above totaling $1,215,811.88, and be it further RESOLVED, that the Urban Renewal Plan shall be amended to include activities funded in the adopted 2015 Action Plan. d) Resolution Opposing Underground Hydrocarbon Storage Adjacent to Seneca Lake Resolution Opposing Underground Hydrocarbon Storage Adjacent to Seneca Lake Moved by Alderperson Brock; seconded by Alderperson McCollister. Carried unanimously. WHEREAS, the City of Ithaca Common Council recognizes the importance of the Finger Lakes region as a whole and its economy, tourism, and watershed to the vitality of Tompkins County, and WHEREAS, the City of Ithaca Common Council is aware of the critical role played by Seneca Lake in particular for its designation as a scenic byway, its r ole as a recreational asset and in promotion of tourism and viticulture, its importance to fish and wildlife, and for its role in providing drinking water for large segments of the adjacent population, and WHEREAS, the City of Ithaca Common Council has become aware that plans have been proposed for storage of liquefied propane gas and additional compressed natural gas in large quantities in abandoned salt caverns, never designed for such purposes, adjacent to Seneca Lake, and WHEREAS, it is the opinion of the City of Ithaca Common Council that the proposed industrialization of the west shore of Seneca Lake would adversely affect the economic future of the viticulture, tourism, and agricultural-based economy of the Finger Lakes region as a whole including those of Tompkins County, now therefore be it RESOLVED, on recommendation of the Planning & Economic Development Committee, that the City of Ithaca Common Council joins other municipalities in respectfully requesting that the New York State Department of Environmental Conservation withhold or rescind approval of any plan for gas storage adjacent to Seneca Lake, and be it further RESOLVED, that a copy of this resolution be forwarded to the United States Environmental Protection Agency, the Federal Energy Regulatory Commission, United States Senator Charles Schumer, United States Senator Kirsten Gillibrand, New York Governor Andrew Cuomo, New York Senate Leaders Dan Skelos, Jeff Klein, and Andrea Stewart-Cousins, New York Assembly Leaders Sheldon Silver and Brian Kolb, Approved at the July 8, 2015 PEDC Meeting New York State Senators Michael Nozzolio, Thomas O’Mara, and James Seward, New York State Assemblyperson Barbara Lifton, Seneca County Board of Supervisors, Village of Watkins Glen Mayor and Trustees, and to the Tompkins County Council of Governments. Approved at the July 8, 2015 PEDC Meeting 6) Discussion a) Incentive Zoning Jennifer Kusznir, Senior Planner, Planning Division, and Lynn Truame, Community Development Planner, Ithaca Urban Renewal Agency (IURA) provided the explanation of what Incentive Zoning and Inclusionary Zoning are. Truame stated that Inclusionary Zoning is strictly for affordable housing and is a form of Incentive Zoning. Truame stated that these inclusionary zoning works better when it’s mandatory. Voluntary inclusionary zoning can also work particularly in a highly developing area. Alderperson Kerslick is very interested in this and recommends a meeting of the committee of the whole to initiate this in the City. This is an absolute priority. Having a workshop meeting to discuss the different options available would be a very good thing to do. Truame further stated that the Town, County, and the Town of Lansing have all made this a number one priority. We need to look at how they are handling things. Mayor Myrick stated that inclusionary zoning takes the stigma away from affordable housing. It’s not just in targeted areas of the City, but combined together. He further stated that he doesn’t think that it is ready for a Committee of the Whole yet, but a committee should be formed. Alderperson Kerslick stated he would be interested in being on this committee. The Mayor will work with Lynn and Jennifer to set up this committee. Approved at the July 8, 2015 PEDC Meeting 7) Review and Approval of Minutes a) April 2015 – These minutes were not ready for review and a vote . 8) Adjournment Alderperson McCollister moved to adjourn; seconded by Alderperson Kerslick. The meeting was adjourned at 9:00 p.m.