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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.