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HomeMy WebLinkAboutMN-PEDC-2023-06-21 Approved at the August 16, 2023 PEDC Meeting City of Ithaca Planning and Economic Development Committee Meeting June 21, 2023 Draft Minutes Committee Members Attending: Rob Gearhart, Chair; Alderpersons Cynthia Brock, Phoebe Brown, and Tiffany Kumar, and Ducson Nguyen Committee Members Absent: None Other Elected Officials Attending: Mayor Laura Lewis Alderperson Jorge DeFendini Staff Attending: Lisa Nicholas, Director, Planning and Development Department; Megan Wilson, Deputy Director; Planning and Development; and Deborah Grunder, Executive Assistant Others Attending: Chief of Staff Deb Mohlenhoff, Superintendent of Public Works Michael Thorne 1) Call to Order/Agenda Review Chair Gearhart read the emergency evacuation procedures and then called the meeting to order at 6:04p.m. There were no changes to the agenda. The May PEDC Minutes will not be voted on at this meeting. They will be presented again at July’s meeting. 2) Public Comment/Written Comments Theresa Alt, Eddy Street, spoke on unsanctioned encampments. Suggest changing the colors on the maps. She also stated to end CITTAP. Allow the program for housing only. Zach Winn, 229 S. Geneva Street, spoke on unsanctioned encampments. More people will enter Ithaca to camp because it’s being allowed. Response to public speakers: Alderperson Brock thanked Theresa Alt for speaking to which she agrees that CIITAP should be abolished. For clarification, there are no campers currently in the “red” zone, Alderperson Brown also thanked Theresa Alt. She always learns something from you. Approved at the August 16, 2023 PEDC Meeting 3) Special Order of Business a) Public Hearing – Proposed Amendment to Off-Street Parking Requirements in Select B Zones Alderperson Brock moved to open the public hearing; Alderperson Kumar seconded the motion. Carried 5-0. Avi Smith, Argos Inn, spoke in favor of this proposed zoning amendment. Alderperson Kumar moved to close the public hearing; Alderperson Nguyen seconded the motion. Carried 5-0. b) Public Hearing – Proposed Amendments to Off-Street Parking Requirements in B-2b Zones Alderperson Kumar moved to open the public hearing; Alderperson Nguyen seconded the motion. Carried 5-0. No one from the public was present to speak. Alderperson Kumar moved to close the public hearing; Alderperson Nguyen seconded the motion. Carried 5-0. 4) Announcements, Updates, Reports a) CCA Overview and Schedule – A Presentation Rebecca Evans, Acting Sustainability Director, provided a presentation on Community Choice Aggregation. That presentation is included with these minutes. In July, it is expected that this will come back for a request to circulate, return to PEDC in August with a vote to Council in September. Alderperson Brock thanked Rebecca for her presentation. The one important component is the delivery of electricity. Electricity will be coming in and going out. There will be a lot of congestion. This is not usually done this way. Evans stated the NYSEG is on board with this program. They have made improvements to the grid and its storage. Alderperson Brown thanked both Alderperson Brock and Rebecca Evans. She stated that explanations need to be given clearly so that the typical layperson can understand. Approved at the August 16, 2023 PEDC Meeting 5) Action Items (Voting to Send to Council) a) B-Zone Amendments An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Amend the Off- Street Parking Requirements in the B-1a, B-4, and B-5 Zoning Districts - Declaration of Lead Agency Moved by Alderperson Gearhart; seconded by Alderperson Nguyen. Carried 5-0. 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 amend the off-street parking requirements in the B-1a, B-4, and B-5 zoning districts. An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Amend the Off- Street Parking Requirements in the B-1a, B-4, and B-5 Zoning Districts - Declaration of Environmental Significance Moved by Alderperson Gearhart; seconded by Alderperson Nguyen. Carried 5-0. WHEREAS, The Common Council is considering a proposal to amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” to amend the off-street parking requirements in the B-1a, B-4, and B-5 zoning districts, and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated May 30, 2023, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it Approved at the August 16, 2023 PEDC Meeting 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, dated May 30, 2023, 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. An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Amend the Off- Street Parking Requirements in the B-1a, B-4, and B-5 Zoning Districts ORDINANCE NO. Moved by Alderperson Nguyen; seconded by Alderperson Kumar. Carried 5-0. BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council that Chapter 325, Zoning, of the City Municipal Code be amended as follows: Section 1. Chapter 325-8, District Regulations, is hereby amended to removal all minimum off-street parking requirements in the B-1a, B-4, and B-5 zoning districts. Section 2. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the district regulations chart in accordance with the amendments made herewith. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This Ordinance shall take effect immediately and in accordance with law after publication of notice as provided in the Ithaca City Charter. Conversation: Many landowners have stated that there is not an off-street parking requirement. A review of this suggestion found that it Approved at the August 16, 2023 PEDC Meeting will have no significant county-wide or inter-community impact as was also stated by the Tompkins County Planning and Sustainability. An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the Mixed Use 2 (MU-2) District - Declaration of Lead Agency Moved by Alderperson Gearhart; seconded by Alderperson Brock. Carried 5-0. 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 amend the zoning district boundaries of the Mixed Use 2 (MU-2) District. An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the Mixed Use 2 (MU-2) District - Declaration of Environmental Significance Moved by Alderperson Gearhart; seconded by Alderperson Brock. Carried 5-0. WHEREAS, The Common Council is considering a proposal to amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” to amend the zoning district boundaries of the Mixed Use 2 (MU-2) District, and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated May 30, 2023, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and Approved at the August 16, 2023 PEDC Meeting conclusions more fully set forth on the Full Environmental Assessment Form, dated May 30, 2023, 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. An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the Mixed Use 2 (MU-2) District ORDINANCE NO. Moved by Alderperson Gearhart; seconded by Alderperson Kumar. Carried 5-0. BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council that Chapter 325, Zoning, of t he City Municipal Code be amended as follows: Section 1. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from B-2b to MU-2 for the following tax parcels: 63.-8-11, 63.-8-12, 63.-8-13, and 63.-8-14. The boundaries are shown on the attached map entitled “Proposed Mixed Use 2 (MU-2) Zoning Amendment,” dated May 30, 2023. Section 2. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the official zoning map in accordance with the amendments made herewith. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This Ordinance shall take effect immediately and in accordance with law after publication of notice as provided in the Ithaca City Charter. Approved at the August 16, 2023 PEDC Meeting 6) Discussion Items & Request to Circulate a) Draft Unsanctioned Encampments Policy – Presentation Lisa Nicholas, Director, Planning and Development, presented a slide show on what the City is doing and why. This policy is land use policy not homelessness driven. A copy of the presentation is attached to these minutes. Alderperson DeFendini thanked Nicholas for her presentation and the entire working group for time and effort that has been put into this. Alderperson Brock asked If the policy makes clear where camping is allowed, is this enough to move this policy forward? Alderperson Brown thanked the group for all their work on this. She further stated that she likes the idea of this being a pilot policy, Alderperson Nguyen reiterated the others’ comments. He too likes the idea of using the pilot policy focus. The use of outreach workers is key in handling the campers. We need to coordinate with the County. Hiring a homeless coordinator position will be a great addition. Alderperson Brown questioned why the verbal, written, and citation notices are presented by the police and not an outreach coordinator? This makes it criminalized. Alderperson Nguyen further asked whether issuing citations will be effective. Alderperson Brock did point out that we as a City have tried not make these encampments as criminal. We are doing all we can to avoid any police interaction. If we want this policy to be run by outreach workers, the City must hire our own outreach workers. Alderperson DeFendini voiced that he agrees with Alderperson Nguyen that issuing citations will not work. Director Nichols thanked everyone for their comments. She made it clear red zones do not currently have encampments on them. The discussion switched to the use of additional lands to be added to red or amber zones, A future decision would be to act on is the use of the Black Diamond Trail as a red zone. Alderperson Brock stated we should deter Floral Avenue as an amber zone due to the proximity of family homes. Alderperson Brock stated the end Cherry Street is not zoned for housing use. It being too close to the railroad makes it unattractive for living. Approved at the August 16, 2023 PEDC Meeting Alderperson Brown stated that maybe we should create a “temporary” yellow zone for individual steps as they grow out of homelessness. Alderperson DeFendini stated we want the best quality of life for each individual and should have a very good focus when trying to decrease the number of homeless individuals. Pilot Policy Discussion Points: Is there general agreement with the enforcement protocol? Alderperson Nguyen stated to not involve police initially. Alderperson DeFendini agreed with not involving police until much later if at all. Anxiety increases in the presence of law enforcement. Alderperson Brown stated she would like the campers to be approached with community outreach workers. These workers are known to the community. Alderperson Brock is not comfortable adding any more colored zones such as the yellow zone that was suggested. Director Nicholas asked whether the police inclusion be removed before circulated or circulated as written? Alderperson Nguyen votes to circulate without the police inclusion. Alderperson Kumar would also like to circulate without the last three steps. She further stated that it will take more than three attempts to vacate the premises. Alderperson Brown stated that many other words could be used instead of the word enforcement. Our presentation is crucial to get our thoughts across. Michael Thorne thanked Alderperson Brock for mentioning the gorge rangers. There needs to be an action, maybe not by the police but by someone in authority. Alderperson Brown that this camping has been happening for a long time now. Why the urgency for this policy? Michael Thorne stated that camping has reached a high volume. The camps can be very unsafe and dangerous. The City needs to take some control. Alderperson Brock stated that although this is a land use policy, we need to recognize that law enforcement and outreach workers work hand-and-hand. Alderperson Brock moved to circulate as written highlighting areas that are concerning and need help identifying these particular issues; seconded by Alderperson Brown. Approved at the August 16, 2023 PEDC Meeting 7) Review and Approval of Minutes a) April 2023 Moved by Alderperson Brock; seconded by Alderperson Kumar. Passed unanimously. May 2023 Minutes will be brought back next month. They were incomplete. 8) Adjournment Alderperson Brown moved to adjourn the meeting; seconded by Alderperson Brock. The meeting adjourned at 9:45 p.m.