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.