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HomeMy WebLinkAboutMN-PEDC-2020-10-21 Approved at the February 11, 2021 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, October 21, 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: Alderperson George McGonigal Other Elected Officials Attending: None Staff Attending: JoAnn Cornish, Director, Planning and Development Department; Lisa Nicholas, Deputy Director, Planning and Development Department; Jennifer Kusznir, Senior Planner; and Deborah Grunder, Executive Assistant Others Attending: Heather McDaniel and Kurt Anderson, TCAD; Aaron Lavine, City Attorney; Yamila Fournier and Kayla Mosebrook, Whitham Designs Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review There were no changes made to the agenda. 2) Public Comment Theresa Alt, 206 Eddy Street, comments were read into the record and are attached here. 3) Special Order of Business a) Discussion – IDA Labor Reporting Data Approved at the February 11, 2021 PEDC Meeting Heather McDaniel and Kurt Anderson spoke to the group and shared a chart of information. Kurt Anderson was hired just as the virus began. He’s the new “Martha Armstrong.” IDA has a new name – Ithaca Area Economic Development (IAED). This policy was adopted in April 2016 and includes Tompkins and contiguous counties. It is for county wide; not just in the city. Proof of local bids is required from the contractors. Also monthly labor reports are required. There is no minimum or maximum requirement of size. Organic Nature, City Center, and Harold Square are included in this presentation. There is a ton of data that comes in to their office. Kurt Anderson stated his first duties on the job included collecting all the data and analyzing it. Organic Nature: Total project cost is $14,761.998. Local labor consists of 67% of total labor. Local contractors used more local labor. Average wages were approximately $25/hour. Carpenters made a very good rate. City Centre Total project cost is $52,713,000. Four times the size of Organic Nature. Local labor was approximately 33%. This project required steel workers which were from outside the area. Carpenters made out very well with this project. Mat co Electric was a local contractor but subcontracted to many local labors. Harold Square This project was started with LeChase. This project totals $43,000,000. Much of this work done before LeChase were iron workers again which are out of area. Area contractors still use local labor often earning $10 more being local. Next steps include policy review by the IDA Labor Subcommittee – labor reporting date review, other data points, labor and developer input, and recommended policy changes. This committee will look at other data points from other labor committees. The goal is to have a solid recommended policy within a year. Approved at the February 11, 2021 PEDC Meeting Alderperson Fleming asked whether each of these projects received a tax abatement. The answer was yes. Heather McDaniel stated the benefit to all of these projects to the area is new jobs and a new tax base over the long term. Alderperson Brock stated this makes a lot of sense. We will see a much more vibrant and competitive labor conditions. Alderperson McGonigal thanked both Heather and Kurt. He’s been waiting for this for a few years. This area has a highly skilled workforce. Is there a way to find out if local labor is being used on any project at any given time? Heather responded that their office receives monthly updates and have this information as requested. 4) Announcements, Update, Reports There were no announcements or updates to report on. 5) Action Items (Voting to Send onto Council) a) Carpenter Circle Planned Unit Development (PUD) To: Planning and Economic Development Committee From: Jennifer Kusznir, Senior Planner Date: October 20, 2020 RE: Carpenter Circle Planned Unit Development (PUD) – Updated Ordinance Enclosed please find an updated version of the Carpenter Circle PUD ordinance. The version that was included in the packet was a prior version that did not include some changes that were made and voted on at the December 2019 Planning Committee meeting. In addition, enclosed for your consideration are comments from Marty Hi ller of Community Gardens and comments from Whitham Design, the Project Manager for the Carpenter Circle Project. Please let me know if you have any questions about any of these materials. Suggested additions to the Carpenter Circle PUD Ordinance from Marty Hiller – Received October 20, 2020 WHEREAS, the applicant will further develop neighborhood streets, pedestrian and transit connections, shared parking, and green space, and Approved at the February 11, 2021 PEDC Meeting will work with the not-for-profit sponsor of the Ithaca Community Gardens to reconfigure and improve it, and support its establishment as a permanent site, and WHEREAS, the applicant has executed a non-binding Memorandum of Understanding with the not-for-profit sponsor of the Ithaca Community Gardens, dated October 22, 2019, which outlines among other things how costs associated with the reconfiguration of the Community Gardens will be covered, and how gardeners will be moved from their current plots to the new configuration, and Section 2. Conditions... - A legally binding agreement is executed between the Project Sponsor and the not-for-profit sponsor of the Ithaca Community Gardens, based on the Memorandum of Understanding with Project Growing Hope, Inc., which includes among other things finalized details as to how the costs associated with the reconfiguration of the Community Gardens will be covered and how gardeners will be moved from their current plots to the new configuration. Comments received from Whitham Design, Project Manager for the Carpenter Circle project- Received October 20, 2020 Dear All, In response to Marty's request for changes to the PUD, regarding her first proposed change to the fourth whereas we have no objection to the naming structure change and are comfortable with that naming structure change throughout the document as needed. She provided s with proposed conditions two weeks ago to review and approve. We approved that language. We are happy to accept the language proposed a couple weeks ago with the naming change. That language is below: The other changes are unnecessary and lack a reference to the MOU which all sides spent significant time negotiating. As such, we feel it is important that we stick with the original conditions proposed by the Gardens. The additional proposed language should be what the Gardens previously requested to have changed, included below, with the one addition in red as proposed by our construction manager. Approved at the February 11, 2021 PEDC Meeting • New WHEREAS clauses, to be added after "WHEREAS: Preliminary Approval for this project was subject to the following conditions….xxi..." • WHEREAS, the terms of the PUD state that the project is intended to provide, as a community benefit, a permanent and improved space for community gardens open to the public, and that the applicant will work with Project Growing Hope, Inc., to reconfigure and improve the Ithaca Community Gardens, and support its establishment as a permanent site, and • WHEREAS, the applicant has executed a non-binding Memorandum of Understanding with Project Growing Hope, Inc., dated October 22, 2019, which outlines among other things how costs associated with the reconfiguration of the Community Gardens will be covered, and how gardeners will be moved from their current plots to the new configuration, and • New condition to be added to the Phase I conditions, after “xi. This site plan approval…" • [new] xii. Submission and approval of a Letter of Commitment to provide continuous access to the Community Gardens during the garden season, and protection of its current infrastructure, so that the gardens can continue to operate in their current manner. Any interruptions that may be necessary must be coordinated with Gardens representatives and the construction manager and will be minimized to the maximum extent practicable and only in the interest of safety as it relates to the construction work in the vicinity of the gardens. • New condition, to be added to the Phase II conditions, after "xx. Execution of Community Gardens Lease..." • [new] xxi. Execution of a Binding Agreement, based on the Memorandum of Understanding with Project Growing Hope, Inc., which includes among other things finalized details as to how the costs associated with the reconfiguration of the Community Gardens will be covered and how gardeners will be moved from their current plots to the new configuration Draft Resolution Planning & Economic Development Committee November 12, 2019-Amended October 20, 2020 An Ordinance to Establish the Carpenter Circle Planned Unit Development District ORDINANCE NO. ____ Moved by Alderperson Lewis; seconded by Alderperson Fleming. Carried unanimously. Approved at the February 11, 2021 PEDC Meeting BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325-13 of the City Code be amended as follows: WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a Planned Unit Development Overlay District (PUDOD), and WHEREAS, on February 19, 2019, Whitham Planning and Design submitted an application on behalf of Park Grove Realty and Cayuga Medical Center for consideration to establish a Planned Unit Development district at Carpenter Circle, parcel numbers 36.-1-3.3 and 36-1-3.5, and WHEREAS, the applicant is proposing the development of a new urban neighborhood, comprised of a medical facility, one 4- story residential building, and two 6-story buildings containing ground floor commercial space, parking, and 4 stories of apartments, and WHEREAS, the applicant will further develop neighborhood streets, pedestrian and transit connections, shared parking, and green space, and will work with Project Growing Hope, Inc. reconfigure and improve the Ithaca Community Gardens, and support its establishment as a permanent site, and WHEREAS, the total proposed development contains approximately 64,000 SF of medical office space, 215 new housing units, 42 of which will be designated as affordable units, 349 surface parking spaces, and 183 garage spaces, and WHEREAS, the project is intended to provide the following benefits to the community 1. A permanent and improved space for community gardens open to the public; 2. Generation of approximately 150 jobs; 3. Construction of approximately 40 units of housing that would be priced to be affordable to those earning 50-60% of AMI; 4. High-quality public amenities, including improved pedestrian, transit, and bicycle access throughout the site, and public spaces including open green space, plazas for events and/or outdoor dining, a playground, and storm water management gardens featuring native plantings; 5. An improved gateway into the City of Ithaca on Route 13; Approved at the February 11, 2021 PEDC Meeting 6. Alignment with the City’s Comprehensive Plan and ongoing planning related to the Route 13 corridor and the Waterfront Zone; and WHEREAS, the applicant has stated that the project could not proceed under the existing zoning due to setback and height requirements, and WHEREAS, a public information session, hosted by the applicant, was held on April 8, 2019 and the meeting was advertised in the Ithaca Journal, the property was posted with signs and property owners within 500 feet of the property were notified by mail of the meeting, and now therefore BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that the City of Ithaca Establish the Carpenter Circle Planned Unit Development District as follows: Section 1. Carpenter Circle Planned Unit Development District is hereby established as follows: Carpenter Circle District Table of Contents A. Legislative Intent B. Community Benefits C. Sub Areas D. Permitted Uses 1. Primary 2. Accessory E. Parking/Loading Requirements F. Area Requirements 1. Minimum Lot Size (SF) 2. Minimum Width in Feet at Street Line 3. Maximum Building Height 4. Maximum Percentage of Lot Coverage by Buildings 5. Yard Dimensions. a. Required Minimum Front Yard b. Required Minimum Side Yard c. Required Minimum Other Side Yard d. Required Minimum Rear Yard. 6. Minimum Building Height Approved at the February 11, 2021 PEDC Meeting ARTICLE IVB Carpenter Business Circle Planned Unit Development Part 1 Zoning Code A. Legislative Intent 1. On February 19, 2019, Whitham Planning and Design submitted an application on behalf of Park Grove Realty and Cayuga Medical Center for consideration to establish a Planned Unit Development district at Carpenter Circle, parcel numbers 36.-1-3.3 and 36-1- 3.5. The applicant is proposing the development of a new urban neighborhood, comprised of a medical facility, one 4-story residential building, and two 6- story buildings containing ground floor commercial space, parking, and 4 stories of apartments. The completed project is intended to provide the following benefits to the community: a. A permanent and improved space for community gardens. b. Generation of approximately 150 jobs; c. Construction of approximately 40 units of housing that would be priced to be affordable to those earning 50-60% of AMI; d. High-quality public amenities, including improved pedestrian, transit, and bicycle access throughout the site, and public spaces including open green space, plazas for events and/or outdoor dining, a playground, and storm water management gardens featuring native plantings; e. An improved gateway into the City of Ithaca on Route 13; and f. Alignment with the City’s Comprehensive Plan and ongoing planning related to the Route 13 corridor and the Waterfront Zone. Approved at the February 11, 2021 PEDC Meeting B. Community Benefits 1. Benefits. The project is intended to provide the following benefits to the community: a. A permanent and improved space for community gardens open to the public b. Generation of approximately 150 jobs; c. Construction of approximately 40 units of housing that would be priced to be affordable to those earning 50-60% of AMI; d. High-quality public amenities, including improved pedestrian, transit, and bicycle access throughout the site, and public spaces including open green space, plazas for events and/or outdoor dining, a playground, and storm water management gardens featuring native plantings; e. An improved gateway into the City of Ithaca on Route 13; and f. Alignment with the City’s Comprehensive Plan and ongoing planning related to the Route 13 corridor and the Waterfront Zone. 2. In the event that the applicant is not able to provide all of the listed community benefits, the applicant will be required to return to the Common Council to renegotiate the terms of the Planned Unit Development. C. Sub Areas. The Carpenter Circle Planned Unit Development District shall consist of 3 PUD-Sub Areas 1. CCPUD-A-This sub area is intended to be predominantly used for community gardens and may contain structures and parking areas that support the gardens. 2. CCPUD-B-This is a residential sub area. 3. CCPUD-C-This sub area is a mixed used district allowing for medical office, residential and small- scale commercial uses. Approved at the February 11, 2021 PEDC Meeting . D. Permitted Uses. 1. Primary Uses a. CCPUD-a 1) Community Gardens b. CCPUD-b 1) Multiple Family dwelling (See § 325-3). c. CCPUD-c 1) Multiple Family dwelling (See § 325-3). 2) Mixed-Use building. 3) Medical Facility. 4) Nursery school, child day care center, group Adult Day Care. 5) Nursing, convalescent or rest home. 6) Public park or playground. 7) Library. 8) Business or professional Office. 9) Bank or Monetary Institution. 10) Office of Government. 11) Public, private or parochial school. 12) Neighborhood commercial facility. 13) Retail store or Service Commercial Facility. 14) Restaurants, Fast Food Establishment, Tavern, with the exception of establishments where food or drink is intended to be served to or consumed by persons in automobiles. 15) Club, Lodge or Private Social Center. 16) Theater, Bowling Alley, Auditorium or Other Similar Place of Public Assembly. 17) Hotel/Motel. 18) Recreational or Cultural Facilities such as a Park, Playground, Art Museum. 19) Community gardens. 2. Permitted Accessory Uses 3. a. CCPUD-a 1) Structure to support garden use Approved at the February 11, 2021 PEDC Meeting b. CCPUD-b and CCPUD-c 1) Any accessory use permitted in the ND Zone Drive-Thru Banking Services Parking Garages Dock E. Parking/Loading Requirements 1. Parking Requirement-None 2. Off Street Loading Requirement-None F. Area Requirements 1. Minimum Lot Size (SF) 2. Minimum Width in Feet at Street Line 3. Maximum Building Height a. CCPUD-a 1) Maximum building height of 2 stories and 30’ b. CCPUD-b 1) Maximum building height of 4 stories and 60’ c. CCPUD-c 1) Maximum building height of 6 stories and 80’ 4. Maximum Percentage of Lot Coverage by Buildings-100%, Except for Required Setbacks 5. Yard Dimensions. CCPUD-a is exempt from all lot area requirements. a. Required Minimum Front Yard for CCPUD-b and CCPUD-c-. No front yard setback is required, except as necessary to provide a minimum 5' sidewalk and an 8' tree lawn b. Required Minimum Side Yard for CCPUD-b and CCPUD- c. If the side yard faces a street, no side yard setback is required, except as necessary to provide a sidewalk and tree lawn. No other setback required. c. Required Minimum Other Side Yard for CCPUD-b and CCPUD-c. If the side yard faces a street, no side yard setback is required, except as necessary to provide a sidewalk and tree lawn. No other setback required. d. Required Minimum Rear Yard for CCPUD-b and CCPUD- c. If the rear yard faces a street, no side yard setback is required, except as necessary to provide a sidewalk and tree lawn. No other setback required. 6. Minimum Building Height. There is no minimum building height in the CCPUD-a district. For Approved at the February 11, 2021 PEDC Meeting CCPUD-b and CCPUD-c, new construction must be a minimum of 25’in height and 2 stories. Accessory structures of less than 250 SF may be 1 story. Section 2. Conditions. All zoning changes describes in this PUD are contingent on the following: • The Project Sponsor obtains and records title in fee simple to all land proposed for inclusion on this PUD. • An agreement is executed between the Project Sponsor and the Community Gardens, which outlines the improvements and/or funding that will be provided to the gardens by the project sponsor. Alderperson Brock moved; seconded by Alderperson Lewis to change the second bullet to the information provided by the Community Gardens. Carried unanimously. Section 3. 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 4. 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 5. Effective date. This ordinance shall take effect after satisfaction of the contingency required in Section_2, above, and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson Brock asked whether the Community Gardens parcel meets the green space requirement. She stated that their green space cannot be included in the other parcels. Senior Planner Kusznir stated that the zoning requirements are those in the PUD and not any others. 6) Action Items (Voting to Circulate) a) Allowing Dogs on the Commons Approved at the February 11, 2021 PEDC Meeting To: Planning and Economic Development Committee FROM: Jennifer Kusznir, Economic Development Planner DATE: October 13, 2020 RE: Proposal to Allow Leashed Dogs on the Commons Last month, the Downtown Ithaca Alliance passed a resolution requesting that the City amend the Commons Ordinance to allow leashed dogs on the Commons, which mirrors the existing rules in all other parts of the City. A copy of their resolution is enclosed. Chapter 164 of the City of Ithaca Code, “Dogs and Other Animals”, outlines the rules for owning dogs in the City. The Code states that in all areas of the City it is illegal for dogs not to be restrained by an adequate collar and leash when they are on public property. This applies everywhere but on the Commons. Chapter 157, “Commons”, states that on the primary Commons no animals are permitted without a sp ecial permit, with the exception of service animals providing assistance to people with special needs and police working dogs. Staff from the Downtown Ithaca Alliance, City Planning , Ithaca Police, and the Common’s Outreach Worker meet weekly to discuss Common’s related concerns. Issues surrounding dogs on the Commons have been an ongoing topic of conversation. There are currently many dogs on the Commons, both leashed and unleashed , and staff receives complaints regularly about unleashed dogs. Since the primary Commons is the only place in the City of Ithaca where dogs are not permitted, many people are unaware of this rule. This disconnect creates confusion among dog owners visiting the downtown area and makes it difficult to enforce any rules regarding dogs. Staff recommend amending the City Code to permit leashed dogs on the Commons. In order to support the City in this change the Downtown Ithaca Alliance has agreed to purchase dog waste bag stations for the Commons entrances. Enclosed for your consideration is a draft ordinance that would amend the City Code and allow dogs on leash to be on the Commons. If the Committee would like additional input, staff will circulate the draft resolution and return it next month with any comments that are received. If you have any concerns or questions regarding this information, please feel free to contact me at 274-6410. Chair Murtagh stated his position has changed on this topic mainly because he now has a dog. There are also a lot of visitors who come to the area and would like to bring their dogs. Alderperson Lewis agreed with Murtagh that enforcement is the key for this to work. A number of new residents may have dogs that would like to bring them to the Commons. IDA is providing for dog waste. We need to include the same in our ordinance. Alderperson Lewis made a motion to include dog waste as the owner’s responsibility. Alderperson Fleming is concerned that dogs also pee. She wouldn’t want to see dogs urinating on the Commons. How will we control that or clean it? Approved at the February 11, 2021 PEDC Meeting Alderperson Brock recognizes human nature is the way to go as a way to control dogs on the Commons and supports having dogs on the Commons. Chair Murtagh stated to try to control or prohibit dogs from urinating on the Commons will be a difficult task. Carried unanimously with Alderperson Fleming’s change in the last Whereas Planning and Economic Development Committee October 21, 2020 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 157, Entitled “Commons” To Allow for Leashed Dogs on the Primary Commons The ordinance to be considered shall be as follows: ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 157, ENTITLED “COMMONS” TO ALLOW FOR LEASHED DOGS ON THE PRIMARY COMMONS WHEREAS, Chapter 164-Article II of the City of Ithaca Code, “Dogs and Other Animals”, states that in all areas of the City it is illegal for dogs to not be restrained by an adequate collar and leash when not on private property, AND WHEREAS, Chapter 157, “Commons”, further states that on the primary Commons no animals are permitted without a special permit, with the exception of service animals aiding people with special needs and police working dogs, and WHEREAS, because the primary Commons is the only place in the City of Ithaca where dogs are not permitted, many people are not aware of this rule and bring their dogs onto the Commons, and WHEREAS, this disconnects with the rest of the City creates confusion among dog owners visiting the downtown area and makes it difficult to enforce any rules regarding dogs; now therefore, Approved at the February 11, 2021 PEDC Meeting BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 157 of the Municipal Code of the City of Ithaca, entitled “Commons”, is hereby amended as follows: Section 1. Chapter 157, Section 157-15A, be amended to read as follows: § 157-15. Dogs and other animals. A. No animals are allowed on the Primary Commons except by special permit. This provision does not apply to leashed dogs, as allowed by Chapter 164-Article II-“Dogs”, and any service animals providing assistance to people with special needs and police working dogs. Section 2. 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 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. 7) Review and Approval of Minutes a) May 2020 Moved by Alderperson Brock; seconded by Alderperson Lewis. Carried unanimously. 8) Adjournment Moved by Alderperson Brock; seconded by Alderperson Fleming. Carried unanimously. The meeting was adjourned at 7:15 p.m.