HomeMy WebLinkAboutMN-PEDC-2020-05-13
Approved at the
October 21, 2020 PEDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, May 11, 2020 – 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 McGonigal and Nguyen
Other Elected Officials Attending: None
Staff Attending: JoAnn Cornish, Director, Planning and
Development Department; Anisa Mendizabal,
IURA; Nels Bohn, IURA; Jennifer Kusznir,
Senior Planner; and Deborah Grunder,
Executive Assistant
Others Attending: Johanna Anderson, INHS Executive Director
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
No minutes were available for voting.
2) Public Comment
Theresa Alt, 206 Eddy Street, Personally I want to cheer on the work around CDBG
funds, both the ongoing work plan and the temporary rental assistance. All good things. No
comments just mean no corrections needed. Cheers.
Speaking for Ithaca Democratic Socialists of America as well as for myself, we commend Seph
Murtagh’s commitment to introducing at the June Common Council meeting a member
resolution that will call for the City to urge our US Senators as well as representative to back
HR 6515 and especially its Senate companion bill. This bill would cancel rents during the
crisis for any renters who have somehow not received other aid, and it would compensate
needy landlords who can apply for Federal funds.
Approved at the
October 21, 2020 PEDC Meeting
Response from Council:
Chair Murtagh stated that he has been in contact with her.
3) Special Order of Business
a) Public Hearing: 2020 HUD Entitlement Action Plan
Alderperson Brock moved to open the public hearing; seconded by Alderperson
Smith. Carried unanimously.
No one spoke on this topic
Alderperson Brock moved to close the public hearing; seconded by Alderperson
Smith. Carried unanimously.
b) Public Hearing: Waterfront Zoning Amendments
Alderperson Fleming moved to open the public hearing; seconded by
Alderperson Smith. Carried unanimously.
Todd Fox asked that we slow down the process and allow his group to put
forward with their plan to show everyone what we are proposing. He thinks that
the design and function of the buildings are in line with what the City is looking
for. Our biggest concern as to the length of the building and the change in the
zoning will make this proposal not viable. With the amount of green space, the
push and pull of the buildings, etc., we have been very responsive to and v ery
considerate in the planning pf this project and what the neighborhood is. We’re
asking for consideration and more time to work with the City on this project.
Alderperson Lewis moved to close the public hearing; seconded by Alderperson
Brock. Carried unanimously.
4) Announcements, Updates, Reports
Anisa Mendizabal, IURA, announced that IURA released a call for proposals for
CBDG funding $100,000 for other urgent needs. Tuesday, May 26th is the
deadline at noon. The application is on the IURA website. Anisa is available
anytime for any questions.
Alderperson Brock asked what would be considered urgent needs.
Approved at the
October 21, 2020 PEDC Meeting
Anisa stated emergency rental assistance, homelessness, assistance to non-
profits (anchor non-profits) that provide a unique audience. The RFP (request for
proposals) will be used by other needs other than the three mentioned.
5) Action Items (Voting to Send on to Council)
a) 2020 HUD Entitlement Action Plan
Draft 2020 Action Plan: City of Ithaca HUD Entitlement Program
Moved by Alderperson Lewis; seconded by Alderperson Smith. 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 2020 Action Plan identifies a specific list of budgeted community
development activities to be funded from the 2020 HUD Entitlement Program allocation
and associated funds administered by the IURA, and
WHEREAS, funding available to be allocated through the 2020 Action Plan funding
process is anticipated to include the following:
$682,732.00 CDBG 2020 HUD Entitlement Program Allocation
$120,000.00 CDBG 2020 Program Income (projected)
$2,607.85 CDBG Recaptured/Unallocated (R/U) Funds
$335,173.00 HOME 2020 HUD Entitlement Program Allocation
$38,082.88 HOME Recaptured/Unallocated (R/U) Funds
$1,178,595.73 Total, and
Approved at the
October 21, 2020 PEDC Meeting
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2020 Action Plan, in accordance with the City of Ithaca Citizen
Participation Plan, and
WHEREAS, due to the COVID-19 pandemic and emergency measures in place, the U.S.
Department of Housing and Urban Development (HUD) has provided certain specific
waivers and modifications to the Action Planning process that IURA will implement as
necessary and appropriate, now, therefore, be it
RESOLVED, that the IURA hereby adopts the attached summary table titled “IURA
Recommended Draft 2020 Action Plan (City of Ithaca, NY),” originally dated April 16,
2020, as amended at the April 23, 2020 meeting; and forwards it to the City of Ithaca
Common Council for review and recommends its approval for allocating the 2020 HUD
Entitlement Program award, along with associated funds listed above, and be it further
RESOLVED, that should the Ithaca Community Gardens project be unable to
demonstrate compliance with the 51% low/mod -income benefit test, $25,150 shall be
reallocated to the Economic Development Loan Fund activity, and be it further
RESOLVED, that the Urban Renewal Plan shall be amended to include activities funded
in the adopted 2020 Action Plan.
Alderperson Fleming asked for more information regarding the 2nd Resolved.
Anisa provided that information. Generally most low/mod-income receive this
benefit. Due to the COVID-19 pandemic, the Community Gardens project is
eligible for this funding.
Alderperson McGonigal stated that Anisa should turn around since the northern
lights are behind her.
Alderperson Brock shared her gratitude for everyone who worked on this.
b) Emergency Rental Assisting Program
2020 CDBG-CV: EMERGENCY RENTAL ASSISTANCE
Moved by Alderperson Brock; seconded by Alderperson Lewis. Carried
unanimously.
WHEREAS, the City of Ithaca (City) has received an initial supplemental funding
allocation of Community Development Block Grant (CDBG) funds from The
Coronavirus Aid, Relief, & Economic Security (CARES Act), which funding is
hereafter referred to as CDBG-CV, and
WHEREAS, additional supplemental CDBG-CV funding may be forthcoming, and
Approved at the
October 21, 2020 PEDC Meeting
WHEREAS, HUD is providing administrative flexibility and waivers to speed
approval and delivery of funds for activities responding to the COVID -19
Pandemic, and
WHEREAS, the 15% cap on public service activities is waived for CDBG-CV
funds, and
WHEREAS, the initial CDBG-CV allocation to the City provides $321,299 to invest
in CDBG-eligible activities, and
WHEREAS, the City contracts 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, in order to expedite delivery of funding to the community, IURA has
gathered information from stakeholders and solicited proposals for disaster
response/recovery/prevention projects, and
WHEREAS, the IURA is following a two-prong approach to develop recommended
uses of CDBG-CV funding:
• Directed activities to address priority needs where a capable sponsor is pre-
identified, and
• Activities selected through an open competitive process, and
WHEREAS, the IURA has preliminarily identified the following priority community
needs:
1. Renter households whose ability to pay rent has been reduced by COVID -19
impacts
2. Persons experience homelessness and homeless prevention
3. Small businesses adversely impacted by public health mandates and
guidelines
4. Anchor non-profits entities with at least 51% earned income adversely
impacted by public health mandates and guidelines, and
WHEREAS, according to the City’s 2019-2023 Consolidated Plan for HUD
Entitlement Funding 74% of the City’s residents are renters, of which 56% are
cost-burdened, and 41% of these are severely so, and
WHEREAS, at least 30 million Americans have filed jobless claims since the
beginning of the coronavirus pandemic in March 2020, including many renters in
the City of Ithaca, and
WHEREAS, emergency grant payment for a household’s rent for up to three
consecutive months is an eligible CDBG public service activity authorized at 24
CFR §570.201(e), and
Approved at the
October 21, 2020 PEDC Meeting
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) proposes to
implement an emergency rental assistance activity in partnership with Tompkins
County and other funders with the following preliminary parameters subject to
finalization with funders:
• rent/current income ratio > 31%
• proof of adverse COVID-19 impact/client statement
• landlord signs a form agreeing to accept rent, waive late fees, not pursue
eviction for non-payment, no code violations
• household AMI < 80%
• asset cap of $5,000 liquid assets (netting out stimulus payment)
• must have a current lease or landlord willing to sign for current rent amount,
waive late fees, accept payments
• building must pass environmental requirements for CDBG
• tenant NOT to pay any portion of the rent, because it is only three months of
relief and this will hopefully allow clients to build savings,
• the projected average total assistance per renter household is $3,700, and
WHEREAS, Tompkins County CDBG funding of approximately $590,000 for the
activity can only be used to assist renter households located outside of a HUD
Entitlement community, such as the City, and
WHEREAS, INHS possesses the knowledge and administrative capacity
necessary to effectively administer such a program, and
WHEREAS, supporting housing stability in the form of three consecutive months
rental assistance for people in vulnerable groups with extremely low- and/or very-
low-income (0-60%) AMI can prevent widespread eviction, homelessness and
economic hardship for tenants and landlords, and
WHEREAS, emergency rental assistance furthers disaster recovery goals by
stabilizing neighborhoods and communities, and
WHEREAS, the IURA recommends allocation of CDBG-CV funds for an
emergency rental assistance program to assist renters financially impacted by the
COVID-19 pandemic, and
WHEREAS, the proposed activity is not subject to SEQR as it does not affect the
environment by changing the use, appearance or condition of any natural resource
or structure, and
WHEREAS, a public hearing on this matter was held on May 5, 2020 and a 5-day
public comment period has expired; now, therefore be it
RESOLVED, that the City of Ithaca Common Council hereby allocates $190,000
from the CDBG-CV funding award to the City to the Emergency Rental Assistance
Program activity to be implemented by Ithaca Neighborhood Housing Services,
Inc., and be it further
Approved at the
October 21, 2020 PEDC Meeting
RESOLVED, CDBG-CV funds shall be used first to assist renter households
earning 0-60% of AMI with less than $5,000 in liquid assets, before assisting other
CDBG-eligible renter households, and be it further
RESOLVED, that the calculation of current household income for eligible
households to be assisted with CDBG-CV funds shall include unemployment
benefits, but exclude any one-time CARES Act stimulus payment, and be it further
RESOLVED, that the City requests INHS to conduct affirmative marketing to
underserved persons, such as persons who speak English as a Second Language
(ESL), to provide them with an equitable opportunity to take advantage of the
program, and be it further
RESOLVED, that the Urban Renewal Plan shall be amended to include activities
funded in the adopted 2020 HUD Entitlement Program Action Plan.
Alderperson Brock stated her gratitude again for the work on this topic. She noted
her concerns about INHS and asked if any other organization could be enrolled to
administer the emergency rental assistance.
Anisa Mendizabal responded that the county was already reprogramming money
to INHS. The City did give other organizations initial consideration and did meet
with other providers. They opted to work with the county in order make the
application process as seamless as possible. They didn’t want people running
around to different organizations based on location.
Alderperson Brock further stated that IURA should make sure INHS treats its
tenants and other tenants equally.
INHS Executive Director Johanna Anderson who was invited to participate in the
meeting assured the group they would not favor their own residents and would
work to provide online and non-online options.
Alderperson Brock had further questions on specifics of the program, i.e., waiving
late fees, etc. The obligation should not be extended past the funding period. Is
there a cap to the amount of assistance per household?
Mendizabal stated Nels Bohn has research on that. The waiving of late fees, etc.
is limited to the three-month period. The cap on assistance per household is 150%
of the applicant’s HUD-defined fair market rent.
Alderperson Lewis appreciates all involved in pulling together this three-month
relief. Those with lower incomes will benefit significantly.
Alderperson Fleming asked whether students will be eligible for this.
Approved at the
October 21, 2020 PEDC Meeting
Mendizabal stated that all people would have to be on the lease. Some landlords
create a separate lease for each student living together.
Chair Murtagh shared Alderperson Lewis’ comments.
Alderperson Brock asked whether there will be another three -month funding
period. Will there future funding be available?
Mendizabal stated that this type of grant is limited to the three-month period. Nels
Bohn stated that Anisa summarized it correctly.
c) Waterfront Zoning Amendments
5/8/20
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning” in Order to Make Changes to the
Waterfront Zoning Districts, including the Cherry Street
District, the Market District, the Newman District, and the
West End/Waterfront District, in order to meet the Established
Goals of the Waterfront Plan ― Declaration of Lead Agency
Moved by Alderperson Lewis; 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 a “TYPE I” Action
pursuant to the City Environmental Quality Review (CEQR)
Ordinance, which requires 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
of the proposed amendments to the Cherry Street District, the
Market District, the Newman District, and the West
End/Waterfront District.
Approved at the
October 21, 2020 PEDC Meeting
Draft Resolution
5/8/20
An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325,
Entitled “Zoning” for revisions to the Waterfront Zoning Districts,
including the Cherry Street District, the Market District, the Newman
District, and the West End/Waterfront District, in order to meet the
Established Goals of the Waterfront Plan ― Declaration of Environmental
Significance
Moved by Alderperson Smith; seconded by Alderperson Lewis. Carried
unanimously.
1. WHEREAS, on August 2, 2017, the Common Council established four new
zoning districts for the Waterfront Study Area, the Newman, the
Market, The West End/Waterfront, and the Cherry Street Districts, and,
2. WHEREAS, when the new Waterfront Zoning Districts were
established it was recognized that the City was in the process
of completing a plan for the waterfront area and that once
completed, the zoning would need to be revisited to ensure that
it fulfilled the goals of the plan, and
3. WHEREAS, in 2019, the City completed and adopted the Waterfront
Area Plan, and
4. WHEREAS, after reviewing the existing waterfront zoning, the
City is recommending changes to the zoning that would allow for
development that meets the goals of the Waterfront Area Plan,
and
5. WHEREAS, the appropriate environmental review has been conducted,
including the preparation of a Full Environmental Assessment Form
(FEAF), dated April 15, 2020, and
6. WHEREAS, the proposed action is a “TYPE I” Action under the City
Environmental Quality Review Ordinance, and
7. 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
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 Full Environmental Assessment Form, dated April 15, 2020,
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
Approved at the
October 21, 2020 PEDC Meeting
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.
PLANNING COMMITTEE:
An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter
§325, Entitled “Zoning” To Establish New Zoning for the Waterfront Area
Zoning Districts
Moved by Alderperson Lewis; seconded by Alderperson Fleming.
Alderperson Brock stated she respects Todd Foxx’s comments, but she doesn’t think
that zoning should be created for a particular project. That’s spot zoning.
Alderperson Smith stated that he understands the concern of spot zoning, but he
thinks it works both ways. Spot zoning could also defeat a project already in the
process.
Director Cornish stated that what is be recommended is not considered ‘spot zoning’.
She explained what spot zoning is. Spot zoning is taking a parcel among a number of
other parcels and zoning it differently.
Alderperson Fleming stated that Alderperson McGonigal recommended she review
the waterfront plan and the use of light manufacturing. She also stated that the plan
states that the public is entitled to adequate views of the water. We also need to
consider storm water management—she thinks a 25 ft. easement along the flood
control channel, but the design guidelines states a 20 ft. setback along the water.
Jennifer Kusznir stated that along the waterfront anywhere there has to be at least a
20 ft. setback. Cherry Street has a 25 ft. setback because there is an easement there.
Alderperson Smith stated that 25 ft. is an adequate amount of space. People will have
visual access to the water since there is space between the building and the water.
He provided a photo of this area which shows that there is no visual access to the
waterfront. 100 ft. building length is an issue.
Alderperson Brock stated that although it doesn’t currently exist, down the road, there
will be a waterfront trail that would be utilized by many.
Alderperson McGonigal thanked Alderperson Fleming and Jennifer Kusznir for
clarifying the set back is 25 ft., not 20. What he proposes is adding 10 ft. from the
back on the buildings. This will free up space near the waterfront trail.
Approved at the
October 21, 2020 PEDC Meeting
Nguyen had a question regarding the building length. Is this length solely for this
area?
Director Cornish stated that it is currently just for this area. It could be in other parts of
the city as well if that is voted in.
Alderperson Smith stated that geometrically one is very far from the water. The space
between the buildings now.
Jennifer Kusznir stated that visual access was the main goal of the plan. It was a
pretty extensive process to come up with the plan. It wasn’t just staff who came up
with the language of the plan.
Alderperson Brock thanked Kusznir.
Alderperson Brock asked for clarification whether we are talking about only Cherry
Street and the West End Waterfront.
The answer is both.
Chair Murtagh stated that it is and will probably be a more popular spot in the future
when the Black Diamond Trail runs through there.
Alderperson Fleming stated that the design guidelines and the waterfront plan does
not encourage housing. We should restrict people from moving into this area. We
might have to rethink the Cherry Street section and the area south of Cecil B. Malone
Drive when thinking about the zoning.
Alderperson Lewis agreed with Murtagh that it is a growing area of interest and has
great visual access to the water. Cherry Street Artspace is visited often.
Alderperson Smith stated that people are not going to find themselves on Cherry
Street because of what is there not because what may be there.
Chair Murtagh stated that when Collegetown Terrace was built there wasn’t a limit to
the length of that project. Was it a zoning change?
Director Cornish responded that the design guidelines legislation was not in affect at
that time.
Alderperson Brock switched topics to address the changes requested by Alderperson
McGonigal. Changing the maximum lot coverage length from 75 ft. to 70 ft. Will light
industrial manufacturing be exempt from it? A change in the required green space.
She moved to amend the ordinance from 75 ft. to 70 ft. and the change in green space
from 15% to 10%.
Approved at the
October 21, 2020 PEDC Meeting
Director Cornish stated that the environmental considerations along the waterfront will
have to be considered. We wouldn’t want to see a larger coverage of the lot.
Alderperson Smith stated that he and Alderperson McGonigal have talked about this.
He is not sure of the reason for reducing the maximum lot coverage.
Alderperson Murtagh asked whether the amendment on the floor is the change from
75 % to 70% lot coverage and change in the green space.
Alderperson Lewis asked for clarification that requests could be made to include light
industrial.
Alderperson Smith asked for clarification whether we are offering this change except
for light industrial uses.
Chair Murtagh stated he supports this amendment.
Amendment carried 4-1. (Smith)
Alderperson Smith stated that a 100 ft. blanket limit should be removed or reworded.
He doesn’t think this limit will work for all areas in the Waterfront area. No one
seconded. Fails.
Alderperson Fleming moved to add 10 ft. It fails due to lack of a second.
Alderperson McGonigal stated to add an additional 10 ft. on the waterfront size and
increase of 5 ft. on each side of a building.
Alderperson Brock moved the amendments for discussion.
Carried 3-2.
The side yard setback changes from 10 to 15 ft. There will be 30 ft. between
structures
Moved by Alderperson Brock; seconded by Alderperson Fleming.
Chair Murtagh had reservations increasing the space between structures.
Alderperson Lewis cannot support the increase in the space between the buildin gs
failed 4-1.
Voting on overall resolution carried 4 - 1.
Chair Murtagh thanked Alderperson McGonigal.
Approved at the
October 21, 2020 PEDC Meeting
ORDINANCE NO. ____
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 of the City Code be amended as follows:
Section 1. Chapter 325-3B of the Municipal Code of the City of Ithaca,
entitled “Definitions and Word Usage”, is hereby amended to add the
following new definition:
ROW HOUSE
A residential structure composed of three or more attached modules
with shared sidewalls, the facade of each module measuring no more
than 25 feet in length. Modules within a row house may consist of a
single dwelling unit or may contain multiple vertically stacked
dwelling units. Each module must have one street-facing entry.
Section 2. Chapter 325-45.2B, Definitions for Collegetown Districts, is
hereby amended to remove the definition of “Row House”.
Section 3. Section 325-8, District Regulations, is hereby amended to change
the permitted primary uses in the Cherry, West End/Waterfront, Market, and
Newman Districts in order to replace the definition of tow nhouses with row
houses in each of these districts.
Section 4. Section 325-8, District Regulations, is hereby amended to change
the minimum front yard setback in the Cherry Street, West End/Waterfront,
Market, and Newman Districts to require a 5’ minimum required front yard
setback measured from the inside edge of the sidewalk.
Section 5. Section 325-8, District Regulations, is hereby amended to change
the maximum lot coverage from 100% in the Cherry Street District to 75%,
with a 10% green space requirement.
Section 6. Section 325-8C. Additional Restrictions in the West End/
Waterfront, Cherry Street District, Market District, and the Newman
Districts, is hereby amended to add new subsections (5) and (6), to read as
follows:
(5) Sidewalk and Tree Lawn Requirements. All new construction located
in the Cherry Street, the West End/Waterfront, Market, and Newman
Districts must provide a 8’ tree lawn and 5’ sidewalk along the
street frontage of the property. The Planning Board may amend this
requirement based on site conditions.
Approved at the
October 21, 2020 PEDC Meeting
(6) Maximum Building Length. All new structures located within the
Cherry Street District and the West End/Waterfront District shall be
constructed to be no more than 100’ in length. In addition, there
needs to be a minimum of a 20’ break between buildings. Exceptions
may be made to allow for a physical break in the building with a
minimum 24’ in height measured from floor to ceiling, allowing for
public access to the waterfront. Exceptions to maximum building
length may be granted by the Planning Board.
Section 7. Section 325-8C.(3), “Stepback Requirements” is
hereby amended to remove the stepback requirements in the
Newman and Market Districts.
Section 8. 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 9. 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 competent jurisdiction, then that decision
shall not affect the validity of the remaining portion.
Section 10. Effective date. This ordinance shall take effect immediately
and in accordance with law upon publication of notices as provided in the
Ithaca City Charter.
6) Review and Approval of Minutes
a) January 2020
Moved by Alderperson Brock; seconded by Alderperson Fleming. Carried
unanimously.
7) Adjournment
Moved by Alderperson Fleming; seconded by Alderperson Lewis. Carried
unanimously. The meeting was adjourned at 8:00 p.m.