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HomeMy WebLinkAboutMN-PEDC-2020-12-16 Approved at the July 2021 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, December 16, 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; Nels Bohn, IURA; and Deborah Grunder, Executive Assistant Others Attending: Tim Logue, Engineering; Roxy Johnston, DPW; Nick Goldsmith, Sustainability Coordinator; Donal Fitterer, Cycle CNY Rep; and Connor Logue Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review Items 4 (a) and 5 (b) were moved behind public comment in order to accommodate for staff’s schedules. 2) Public Comment All public comments made via Zoom or in writing are attached to these minutes. Approved at the July 2021 PEDC Meeting 3) Special Order of Business a) Public Hearing – Proposed Disposition of Property – Green Street Parking Garage Urban Renewal – Eastern Section Alderperson Lewis moved to open the public hearing; seconded by Alderperson Fleming. Carried unanimously. No one from the public chose to speak on this topic. Alderperson Lewis moved to close the public hearing; seconded by Alderperson Fleming. Carried unanimously. 4) Announcements, Update, Reports a) Shared Services Opportunity – City and Town Historic Preservation Program Bryan McCracken, City Historic Preservation Planner, provided information on the City/Town of Ithaca’s historic preservation initiative currently in development. The Town of Ithaca contacted McCracken, the City’s Historic Preservation Planner, for information on the City’s historic preservation program and guidance on creating their own. These conversations led to the idea of establishing a shared City/Town historic preservation program that would include reciprocal landmarks ordinances, a combined City and Town of Ithaca Landmarks Preservation Commission, and joint staffing. The Town of Ithaca is committed to exploring the opportunity for Intermunicipal collaboration. They have allocated budgeted funds to reimburse the City for the time spent by the City’s Historic Preservation and Neighborhood Planner investigating the appropriateness and practicality of a shared historic preservation program. If both the Town and City find this beneficial, the City Historic Preservation Planner would be responsible for its implementation. Anticipated work to be completed by the Historic Preservation and Neighborhood Planner includes the following: • exploratory research related to the establishment of a historic preservation program in the Town and the creation of a combined Ithaca Landmarks Preservation Commission; • evaluation of the Town’s existing survey of historic resources and preparation of recommendations for their protection; • draft revisions to the Landmarks Preservation Commission Ordinance (Chapter 73 of the City of Ithaca Municipal Code) that address the Town’s interests in historic preservation and the establishment of an expanded, combined City and Town of Ithaca Landmarks Preservation Commission; Approved at the July 2021 PEDC Meeting • draft revisions to the Ithaca Landmarks Preservation Ordinance (Chapter 228 of the City of Ithaca Municipal Code) that address specific considerations associated with the identification and preservation of historic resources in the Town; and • coordinate the review and approval of the above referenced codes by the New York State Office of Historic Preservation pursuant to the requirements of the Certified Local Government agreement; and • coordinate City and Town review and adoption of the above referenced codes by the end of 2021. A Memorandum of Agreement related to this work is currently under review by the City Attorney’s Office and should be available for consideration by the members of the Planning and Economic Development Committee and Common Council in early January 2021. 5) Action Items (Voting to Send onto Council) a) Annual Lead Agency Concurrence Moved by Alderperson Lewis; seconded by Alderperson Fleming. Carried unanimously. 2021 Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Resolution WHEREAS: 6 NYCRR Part 617 of the State Envir onmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, 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, State Law also specifies that when an agency proposes to directly undertake, fund or approve a Type I or Unlisted Action undergoing coordinated review with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review, and WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with project information and environmental forms for their review, as well as all environmental determinations, and WHEREAS, Common Council did consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identifie d as an Involved Agency since 2015, and Approved at the July 2021 PEDC Meeting WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to continue the agreement in which the Planning Board will assume Lead Agency status for such projects; therefore be it RESOLVED, that Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identifie d as an Involved Agency through December 31, 2021; and, be it further RESOLVED, that for any future project Common Council may withhold or withdraw its consent should it so desire. b) Resolution of Support for the Owasco Lake Watershed Rules and Regulations City of Ithaca Resolution ENDORSING AND SUPPORTING THE ADOPTION OF THE REVISED OWASCO LAKE WATERSHED RULES AND REGULATIONS Moved by Alderperson Brock; seconded by Alderperson Fleming. Carried unanimously. WHEREAS, the City of Ithaca became a water purveyor in 1903 using Six Mile Creek as its drinking water source, WHEREAS, pursuant to Public Health Law Section 1100, the New York State Department of Health adopted Title 10 of the New York Codes, Rules and Regulations, water purveyors are granted the authority to develop and update Watershed Rules and Regulations; and WHEREAS, Watershed Rules and Regulations are developed for the preservation of public drinking water sources and their protection from point and nonpoint source pollution; and WHEREAS, the current Six Mile Creek Watershed Rules and Regulations protecting the City of Ithaca’s drinking water source were adopted in 1933, WHEREAS, Cornell University is a water purveyor using Fall Creek as its source of drinking water and has Fall Creek Watershed Rules and Regulations adopted in 1928, WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (otherwise known as Bolton Point), is a water purveyor and uses Cayuga Lake as its source for drinking water and does not have Cayuga Lake Watershed Rules and Regulations; and Approved at the July 2021 PEDC Meeting WHEREAS, the City of Ithaca, Cornell University, Bolton Point and the Tompkins County Health Department jointly developed model Watershed Rules and Regulations in 1995 to be used as a template to update the City of Ithaca and Cornell Watershed Rules and Regulations and create Watersh ed Rules and Regulations for Bolton Point; and WHEREAS, progress was not made due to the complexity of the task and lack of support at the State level; and WHEREAS, representatives from the City of Ithaca and Cornell University have been working with the Tompkins County Water Resources Council since 2016 to update their respective Watershed Rules and Regulations; and WHEREAS, the City of Auburn together with the Town of Owasco are a water purveyor using Owasco Lake as its source of drinking water and has ad opted Watershed Rules and Regulations in 1984, and since that time the lands within the Owasco Lake watershed have witnessed cumulative changes in land use and development; and WHEREAS, in 2017, as a part of the continued efforts to protect water quality, the City of Auburn, the Town of Owasco and Cayuga County passed resolutions endorsing a project to update and revise the 1984 Owasco Lake Watershed Rules and Regulations; and WHEREAS, over the last three years the Owasco Lake Watershed Rules and Regulations Steering Committee has worked diligently and used a very engaged public process with staff representatives, NYS Department of Environmental Conservation, and Project Stakeholder groups, serving as a model in their coordinated effort to create and recommend a revised draft of the Owasco Lake Watershed Rules and Regulations; and WHEREAS, the City of Ithaca recognizes that environmental threats to drinking water sources are not adequately addressed in the outdated Six Mile Creek Watershed Rules and Regulations; and WHEREAS, the City of Ithaca recognizes that emerging threats to water quality not envisioned in earlier decades such as harmful algae blooms, microplastics, emerging contaminants, industrial uses or withdrawals and other contaminants are best addressed at a watershed level; and Approved at the July 2021 PEDC Meeting WHERAS, enacting Watershed Rules and Regulations to protect water resources from point and non-point pollution is both environmentally protective as well as economically prudent as it is more efficient and cost effective to keep pollution out of natural areas and waterways than to remove pollutants from soil, creeks, and waterways; and WHEREAS, the City of Ithaca is pursuing an update of their own outdated Six Mile Creek Watershed Rules and Regulations; and WHEREAS, on October 29, 2020, a final draft of the revised Owasco Lake Watershed Rules and Regulations was endorsed by the City Council of Auburn and the Town Board of Owasco; and WHEREAS, on October 29, 2020, the City Council of Auburn and the Town Board of Owasco requested that New York State repeal the 1984 Owasco Lake Watershed Rules and Regulations and replace them with the revised 2020 Owasco Lake Watershed Rules and Regulations; now, therefore, be it RESOLVED, that the City of Ithaca does hereby express support to t he Town of Owasco and City of Auburn in their efforts to update the Owasco Lake Watershed Rules and Regulations; and be it further RESOLVED that while the City of Ithaca does not specifically endorse any rule or regulation within the revised Owasco Lake Watershed Rules and Regulations, the City of Ithaca endorses any revisions based on the authority of the Town of Owasco and City of Auburn to do so, and the communal process by which those revisions which made; and be it further RESOLVED that the City of Ithaca does hereby request that the New York State Department of Health repeal the existing 1984 Owasco Lake Watershed Rules and Regulations, which are cited at 10 New York Codes, Rules and Regulations, Section 104.1, and replace the same with the revised O wasco Lake Watershed Rules and Regulations c) Dogs on the Commons Donna Fleming stated she thought dogs were not allowed at special events. Jennifer Kusznir did not find it anywhere in the code. If it’s not already there, we can put it in. Approved at the July 2021 PEDC Meeting An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 157, Entitled “Commons” To Allow for Leashed Dogs on the Primary Commons Alderperson Fleming stated what is written now is no dogs are to be tied up or allowed in the planters. She suggests removing Items 4 and 6 from the list below as they covered elsewhere in the Code. Alderperson Brock stated she would like to see these items left here in this ordinance regardless of whether they are listed elsewhere in the Code. She would like to see an Item 7 added to read ‘no dogs allowed on the Commons during special events’. Alderperson Lewis stated she would like to remove Item 4 and 6 but provide where in the code the rules are already. Alderperson Fleming stated Article II, Chapter 157 should also be included. Planner Kusznir stated she cannot find where in the Code it states that no dogs are allowed at special events. She recommends putting it here in this ordinance. 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 Alderperson Fleming moved to amend the ordinance with the items discussed. Alderperson Smith seconded it. Carried unanimously. Alderperson Fleming moved to initial ordinance; seconded by Alderperson Lewis. Carried unanimously. 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 Approved at the July 2021 PEDC Meeting 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 providing assistance to 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 inconsistency 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, 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. All dogs on the Commons are subject to all rules outlined in Chapter 164-of the City Code, as well the following rules: 1. Dogs will be leashed at all times. 2. Dogs will be limited to no more than two per person. 3. Hand- held leashes will be no longer than 6 feet. Retractable leashes are permitted, but must be locked at no longer than 6’. 4. Tethering a dog to a stationary object will not be permitted. 5. Dog owners are responsible for promptly cleaning up after their dogs. 6. Dogs may not enter any planter for any reason at any time. Approved at the July 2021 PEDC Meeting Section 2. Chapter 157, of the City Code is hereby amended to delete Sections 157B-15E. Section 3. 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 4. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. d) Approval of Disposition and Development Agreement for East Section of Green Street Parking Garage Disposition & Development Agreement East Section of Green Street Garage Mixed-Use Urban Renewal Project Moved by Alderperson Smith; seconded by Alderperson Lewis. Carried unanimously. WHEREAS, on June 27, 2019, the Ithaca Urban Renewal Agency (IURA) designated Ithaca Properties, LLC (Ithaca Properties) as a qualified and eligible sponsor pursuant to Section 507 of General Municipal Law, to potentially acquire the 22,800 square feet of air right property located at the eastern section of the Green Street garage site (part of Tax Parcel #70.-4-5.2), located at 120 E. Green Street, Ithaca, NY, for the purpose of undertaking an urban renewal project to develop an in -fill, mixed-use project, and WHEREAS, Ithaca Properties proposes to construct a $69 million project to be known as ‘The Ithacan’, that includes 200 housing units, reconstruction of two decks of parking to be leased to the City, and ground level private parking at the urban renewal project site, and WHEREAS, on November 23, 2020, the IURA approved a proposed Disposition and Development Agreement (DDA) with Ithaca Properties for the East section of the Gr een Street Garage Mixed-Use Urban Renewal Project, subject to Common Council approval, and WHEREAS, the DDA governs the terms and conditions for conveyance of project site and implementation of the approved urban renewal project, and includes a project term sheet, a schedule of performance milestones and a property conveyance agreement, and Approved at the July 2021 PEDC Meeting WHEREAS, the DDA expires on January 31, 2020, and WHEREAS, the DDA establishes a 20% affordable housing goal for on -site units subject to financial feasibility based on the developer’s projected cash-on-cash return, and requires that a minimum of at least 10% of the on-site units be occupied and affordable to households earning up to 80% of Area Median Income; and WHEREAS, on August 25, 2020, the City of Ithaca Planning & Development Board, acting as Lead Agency, determined that The Ithacan project will result in no significant adverse impacts on the environment, and WHEREAS, under §507 of Article 15 of General Municipal Law, the IURA is authorized to sell real property to a “qualified and eligible sponsor” subject to Common Council approval following a public hearing, and WHEREAS, a public hearing notice was published in the December 5, 2020 edition of the Ithaca Journal disclosing the essential terms of the prop osed sale and a public hearing was held on December 16, 2020, and RESOLVED, that the City of Ithaca Common Council hereby approves the IURA- proposed Disposition and Development Agreement (DDA) with Ithaca Properties, LLC for the East section of the Green Street Garage Mixed-Use Urban Renewal Project, dated November 23, 2020, and be it further RESOLVED, that the net proceeds from sale of real property shall be paid to the City. e) Rescind 2006 Preferred Developer Designation – Inlet Island Inlet Island Urban Renewal Project – Rescind 2006 Preferred Developer Designation Moved by Alderperson Lewis; seconded by Alderperson Brock. Carried unanimously. WHEREAS, the IURA and City seek to clarify the status of Finger Lakes Development, LLC (FLD) regarding the 2006 IURA and City designation of FLD as the preferred developer for an Inlet Island urban renewal project which failed to gain Common Council endorsement 13 years ago, and WHEREAS, the IURA and the City of Ithaca collectively own approximately 2.5 acres of underutilized land on Inlet Island, and WHEREAS, in November 2020, FLD brought forward a revised conceptual development plan and request to resume the Inlet Island urban renewal process as preferred developer, and WHEREAS, a second developer has indicated interest to propose a competing development proposal for Inlet Island, and Approved at the July 2021 PEDC Meeting WHEREAS, the IURA seeks to implement an open and competitive process to solicit conceptual development plans and developer qualifications from multiple developers unfettered by a 2006 preferred developer designation, and WHEREAS, on September 28, 2006, Stephen B. Flash was designated by the IURA as the preferred developer to undertake a proposed urban renewal project on Inlet Island; and WHEREAS, the designation did not establish a termination date, and WHEREAS, the IURA resolution further authorized assignment of the designation to FLD, and WHEREAS, on October 4, 2006, the Common Council for the City of Ithaca concurred with the IURA designations and authorized the Mayor to negotiate a Preferred Developer Agreement with FLD subject to approval by the Common Council, and WHEREAS, on August 1, 2007, the Common Council voted to reject the Preferred Development Agreement for the proposed Inlet Island urban renewal project, and WHEREAS, at that time, FLD indicated their intention to revise their project to address concerns raised by Common Council, but economic conditions for development changed drastically with the 2008 global financial crisis and a revised proposal was not forthcoming on a timely basis, and WHEREAS, in 2015 the City adopted a new comprehensive plan, Plan Ithaca: A Vision for our Future, (Plan Ithaca) establishing a vision and goals for the entire city, and specified that the plan would be amended with specific neighborhood and thematic plans identified in the plan, and WHEREAS, the City subsequently amended Plan Ithaca with a new waterfront plan and revised zoning for the waterfront area, including Inlet Island, and WHEREAS, the City amended its CIITAP policy to require projects seeking financial incentives in the density district, including Inlet Island, to meet specific local labor participation, diversity, and affordable housing policies, and WHEREAS, City policies regarding development along the waterfront have evolved significantly since 2007, and the IURA seeks an open and competitive process to select a partner for an Inlet Island urban renewal project, and WHEREAS, on November 23, 2020, the IURA rescinded its September 28, 2006 resolution designating Stephen B. Flash as preferred developer and qualified and eligible sponsor for the Inlet Island urban renewal project, and WHEREAS, the IURA further resolved that the rescission does not represent a judgement on the quality of the 10/30/20 conceptual development plan submitted by Finger Lakes Development, LLC, but rather is intended to clarify the IURA’s intent for an open and competitive process to select a project sponsor with the best feasible conceptual development plan for an Inlet Island urban renewal project; now, therefore, be it Approved at the July 2021 PEDC Meeting RESOLVED, that the Common Council for the City of Ithaca hereby rescinds its October 4, 2006 resolution designating Stephen B. Flash as the preferred developer for the Inlet Island urban renewal project. f) Cass Park Mountain Bike Trail Resolution to Approve Entering into an Agreement with Cycle CNY for Mountain Bike Trails in Cass Park Moved by Alderperson Smith; Seconded by Alderperson Brock. Carried unanimously. WHEREAS, Cycle CNY and City staff have drafted an agreement to allow Cycle CNY to develop a portion of Cass Park with mountain bike trails, and WHEREAS, the Board of Public Works reviewed this proposal and recommended approval of it at their meeting on October 20, 2020, and WHEREAS, Common Council, acting as Lead Agency, has determined that the proposal will not have a significant negative environmental impact in accordance with the City Environmental Quality Review ordinance and the NYS Environmental Review Act, now therefore be it RESOLVED, that the Common Council finds that Cycle CNY’s plan to construct and maintain mountain bike trails in a portion of Cass Park supports the broader public recreational activities in Cass Park; and be it further RESOLVED, that Common Council hereby approves an agreement with Cycle CNY to this end and authorizes the Mayor to execute such an agreement after further review by the City Attorney. 6) Review and Approval of Minutes a) August 2020 was not ready for approval 7) Adjournment Moved by Alderperson Lewis; seconded by Alderperson Smith. Carried unanimously. The meeting was adjourned at 7:45 p.m.