HomeMy WebLinkAboutMN-PLED-2014-05-14Minutes Approved at
August 13, 2014 P&EDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, May 14, 2014 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Cynthia Brock; Josephine
Martell; Ellen McCollister; Graham Kerslick
Committee Members Absent: None
Other Elected Officials Attending: Mayor Svante Myrick arrived at 6:25 p.m.
Staff Attending: JoAnn Cornish, Director, Department of Planning, Building,
Zoning, and Economic Development; Nels Bohn, Director,
Ithaca Urban Renewal Agency (IURA); and Debbie
Grunder, Executive Assistant, Department of Planning and
Development
Others Attending: None
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
No changes or additions were made to the agenda.
2) Special Order of Business
a) Public Hearing – Proposed 2014 Action Plan, HUD Entitlement Grant
Alderperson Kerslick moved to open the public hearing; seconded by Alderperson
McCollister. Passed unanimously.
No one from the public was present to speak on this topic.
Alderperson Kerslick moved to close the public hearing; seconded by Alderperson Martell.
Passed unanimously.
b) Public Hearing – Planned Unit Development Zoning District
Alderperson McCollister moved to open the public hearing; seconded by Alderperson
Martell. Passed unanimously.
Minutes Approved at
August 13, 2014 P&EDC Meeting
Gabriel Holbrow, 406 West Buffalo Street, Apt. # 2, member BZA, stated if problems don’t
exist in zoning, why change them. Rezoning better than PUD.
Jane Marcham, 414 East Buffalo street, was not present to speak at the meeting, but her
letter was read into the record. Her letter is included with the minutes.
Alderperson McCollister moved to close the public hearing; seconded by Alderperson
Kerslick. Passed Unanimously.
3) Public Comment and Response from Committee Members
No one was present to speak to the committee.
Alderperson McCollister stated she was approached by past council members asking why we
are doing this now. We need to take a hard look at this before acting.
4) Announcements, Updates, and Reports
a) Noise Ordinance Reform
Committee Chair Murtagh informed the group that a draft has been received by the
consultant. It has been circulated to relevant City staff and we are still waiting to receive
comments back.
b) Cornell Heights Neighborhood Tour
This tour took place on Friday, March 16, 2014 by several Common Council Members, City
staff, and neighbors who walked the area where the proposed Ridgewood Road project will
be developed.
c) Common Council Training is scheduled for Monday, June 5, 2014 from 4:00 to 6:00 p.m.
where the Planning and Development Department will explain in detail the site-plan review
process and procedures.
d) An Ithaca Landmarks Preservation Committee (ILPC) will hold a special meeting to discuss
the Ridgewood Road project on Tuesday, May 20, 2014.
e) Elimination of Transition Regulations will be handled at the ZORC committee.
5) Action Items – Voting to Send on to Council
a) Public Art Commission Mural
Moved by Alderperson Kerslick; seconded by Alderperson McCollister. Passed unanimously.
Resolution to Select Artwork for a Mural Installation on the Snow Enclosure of the Green
Street Parking Garage
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other
duties, review and advise the Common Council on proposals for the exhibition and display of public
art in the City’s public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within
the city while providing local artists from all sections of the community an opportunity to showcase
their work, and
Minutes Approved at
August 13, 2014 P&EDC Meeting
WHEREAS, the Board of Public Works approved several locations for future murals and street art,
including walls in the City garages on Green Street and Seneca Street, by resolution on May 19,
2010, and
WHEREAS, Onondaga Nation artist Brandon Lazore has submitted his proposal for a mural titled
“Women’s Nomination” as part of PAC’s Mural and Street Art Program, and
WHEREAS, the PAC discussed Mr. Lazore’s mural proposal at its meeting on April 9, 2014 and,
upon review of the potential mural sites pre-approved by the Board of Public Works, agreed that the
south side of the snow enclosure of the Green Street Parking Garage would be an appropriate
location for the proposed mural, and
WHEREAS, the PAC held a public comment period on the mural design and location at its meeting
on April 23, 2014 to gather input on the proposed installation, and the majority of the responses to
the proposal have been positive, and
WHEREAS, the artist will receive funding through the Downtown Ithaca Alliance’s Art in the Heart
program to install the mural, and the installation will be budget-neutral to the City, and
WHEREAS, at its meeting on April 23, 2014, the Public Art Commission unanimously voted to
recommend that the Common Council select Brandon Lazore’s “Women’s Nomination” mural to be
installed on the south side of the snow enclosure of the Green Street Parking Garage; now,
therefore, be it
RESOLVED, that the City of Ithaca Common Council selects Brandon Lazore’s “Women’s
Nomination” mural, as recommended by the Public Art Commission, to be installed on the south
side of the snow enclosure of the Green Street Parking Garage and to be added to the City of
Ithaca’s public art collection; and be it further
RESOLVED, that the selected artist may proceed with the installation of his mural upon the
execution of an agreement with the City (as reviewed by the City Attorney).
Minutes Approved at
August 13, 2014 P&EDC Meeting
Minutes Approved at
August 13, 2014 P&EDC Meeting
Minutes Approved at
August 13, 2014 P&EDC Meeting
b) 2014 Action Plan, HUD Entitlement Grant
Proposed Resolution
2014 Action Plan – HUD Entitlement Program
Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Passed 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
program (CDBG) and the Home Investment Partnerships program (HOME) funding sources,
and
WHERAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer,
implement and monitor the City’s HUD Entitlement program incompliance 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 2014 Action Plan identifies a specific list of budgeted community development
activities to be funded from the 2014 HUD Entitlement program allocation and associated funds
administered by the IURA, and
WHEREAS, funding available to be allocated through the 2014 Action Plan funding process is
anticipated to be the following:
$675,538 CDBG 2014 allocation
$18,682 CDBG 2013 carryover
$7,600 CDBG 2012 recaptured funds
$140,000 CDBG 2014 projected program income
$441,774 HOME 2014 allocation
$220 HOME 2013 carryover
$454,127 Neighborhood Housing Initiative bond
$1,737,941 Total, and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2014 Action Plan in accordance with the City of Ithaca Citizen Participation
Plan, and
WHEREAS, at their April 17, 2014 meeting, the IURA adopted a recommended 2014 Action
Plan; now, therefore, be it
RESOLVED, that the Common Council for the City of Ithaca hereby adopts the IURA-
recommended 2014 Action Plan, dated April 15, 2014 for allocating the 2014 HUD Entitlement
Program award along with additional funds listed above totaling $1,737,941, and be it further
RESOLVED, that the Urban Renewal Plan shall be amended to include activities funded in the
adopted 2014 Action Plan.
Nels Bohn, Director of the Ithaca Urban Renewal Agency (IURA), explained the HUD
Entitlement Grant. The agency goes through a process of requesting proposals. Some are
housing projects, job training, etc. This is an annual process.
Minutes Approved at
August 13, 2014 P&EDC Meeting
Alderperson Brock stated for the record that her vote for this is not a vote for one particular
project, but the entire grant as a whole.
Alderperson Martell asked whether there are jobs available for this training.
Director Bohn stated that there are jobs in carpentry, hospitality, health careers, and computer
jobs. He further stated the Learning Web has a relationship with the hospital to which people
that go through their training end up being in a pretty good position for upcoming hospital jobs.
Mayor Svante Myrick joined the meeting at 6:25 p.m.
c) Disposition of City Property: 707 East Seneca Street
Alderperson Brock moved the lead agency resolution; seconded by Alderperson Kerslick.
Passed unanimously.
WHEREAS, the City of Ithaca Common Council is considering sale of vacant property located at
707 E. Seneca Street, Ithaca, NY (tax parcel #68.-2-9.2) for the highest marketable price, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency will act as agent for the City of
Ithaca to market the property for sale through a real estate broker for the highest marketable
price, and
WHEREAS, the proposed sale of an approximately 7,128 square foot parcel of land is an
Unlisted action under the City Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established
for conducting environmental review of proposed actions 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, no other agency has jurisdiction to fund, approve or undertake the proposed action;
now, therefore, be it
RESOLVED, that the City of Ithaca Common Council does hereby declare itself Lead Agency
for the environmental review of the proposed sale of vacant property located at 707 E. Seneca
Street, Ithaca, NY (tax parcel #68.-2-9.2) for the highest marketable price
.
Alderperson Brock stated that it is her relocation that this property was sold to the city with the
intent to develop a park or additional green space. She questioned #10 on the short FEAF
form.
Nels Bohn stated that in its current form, it is not conducive for recreational use. He was not
privy to the sale and its intended use.
JoAnn Cornish stated that if there is documentation as to the intent for this property she would
like to see it.
Alderperson Brock stated this property came to Council before with the documentations
submitted at that time. She will check her records.
Minutes Approved at
August 13, 2014 P&EDC Meeting
Alderperson Martell asked what is next to this property. The answer was multi-family housing.
Disposition of City‐Owned Property at 707 E. Seneca Street – Determination of Environmental
Significance
Moved by Alderperson Martell; seconded by Alderperson Brock. Passed 4-1 (Brock)
WHEREAS, the City of Ithaca Common Council is considering sale of vacant property located at
707 E. Seneca Street, Ithaca, NY (tax parcel #68.-2-9.2) for the highest marketable price, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency will act as agent for the City of
Ithaca to market the property for sale through a real estate broker for the highest marketable
price, and
WHEREAS, as proposed, the IURA will solicit competitive proposals to purchase and develop
the property for a residential use and develop a proposed property disposition for Common
Council approval, and
WHEREAS, on June 4, 2014, the City of Ithaca Common Council declared itself Lead Agency
for the environmental review of this proposed action, and
WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of
land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance
(“CEQR”) and an Unlisted Action under the State Environmental Quality Review Act (“SEQR”),
both of which require environmental review, and
WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting information
has been provided to the City of Ithaca Conservation Advisory Council for review of the
proposed action and no comments have been received to date, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental
review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part
1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it
RESOLVED, that the City of Ithaca Common Council hereby determines that the proposed sale
of vacant City-owned property located at 707 E. Seneca Street, Ithaca, NY (tax parcel #68.-2-
9.2) for the highest marketable price will result in no significant impact on the environment and
that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be
filed in accordance with the provisions of Part 617 of the State Environmental Quality Review
Act.
Ordinance ___‐2014
Authorize Disposition of City‐Owned Property at 707 E. Seneca Street
Alderperson Kerslick moved the ordinance; seconded by Alderperson McCollister. Passed
unanimously.
WHEREAS, the City of Ithaca Common Council is considering sale of tax parcel #68.-2-9.2
located at 707 E. Seneca Street, Ithaca, NY (“Property”) for the highest marketable price, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency (IURA) will act as agent for the
City of Ithaca to market the Property for sale through a real estate broker for the highest
marketable price, and
Minutes Approved at
August 13, 2014 P&EDC Meeting
WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real property
at the highest marketable price, and
WHEREAS, the 2014 City budget includes projected revenues of $197,000 from the sale of
surplus City properties, and
WHEREAS, the Property is assessed at a value of $100,000, and
WHEREAS, the Property is vacant except for abandoned playground equipment installed at the
rear of the property prior to City acquisition in 1982, which equipment is only accessible only via
an unsafe, crumbling set of concrete stairs, and
WHEREAS, the approximately 7,128 square foot Property is a conforming lot located within the
R-3a zoning district which permits single-family or multi-unit residential development, and
WHEREAS, the Property is located in the East Hill Historic District, where any new construction
requires a certificate of appropriateness issued by the Ithaca Landmarks Preservation
Commission, and
WHEREAS, the Property is appropriate for in-fill residential development, which would enhance
the residential character of the neighborhood, eliminate a City maintenance responsibility and
increase City revenues, and
WHEREAS, future use of the Property for a parking use without new residential development
would not fully achieve public goals for use of the property, and
WHEREAS, a deed restriction could prevent use of the Property for parking without new
residential construction on the site, and
WHEREAS, on November 5, 2012, the Board of Public Works determined that the Property is
surplus for public works purposes, and
WHEREAS, the City Charter requires approval by 3/4s of the Common Council to authorize sale
of real property, and
WHEREAS, the City Charter further requires notice of a proposed sale to be published no less
than once each week for three weeks, the first such notice being published no less than 30 days
prior to the approval vote; now, therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact. The Common Council makes the following findings of fact:
a. The Property is surplus for municipal purposes.
b. The Property is appropriate for in-fill residential development, which would
enhance the residential character of the neighborhood, eliminate a City
maintenance responsibility, and increase City revenues.
Section 2. Authorization for Disposition.
a. The Common Council authorizes disposition of the Property for the highest
marketable price, subject to a restriction against use of the property for parking
without new residential construction on the Property. The Mayor, subject to advice
of the City Attorney, is authorized to execute agreements to implement this
resolution, including but not limited to a real estate brokerage agreement, a
purchase and sale agreement, and conveyance of deed.
Minutes Approved at
August 13, 2014 P&EDC Meeting
b. The Ithaca Urban Renewal Agency (IURA) is authorized to act as agent for the City
to market the Property for sale through a real estate broker. Expenses of the IURA
directly associated with marketing and sale of the property shall be reimbursed
from proceeds from the property disposition.
Section 3. Effective Date. This ordinance shall take effect immediately.
This will go to July’s Common Council meeting.
d) Planned Unit Development Zoning District
Chair Murtagh stated what we are voting on tonight is the ordinance.
Alderperson McCollister stated she is intrigued by this concept because there are a few
areas in the City that this zoning would fit – Emerson, Gun Hill, and Carpenter Park. She
also stated that we need to use due diligence with this especially without a comprehensive
plan. She further responded to Murtagh’s comment that we are only voting on the legal
document ordinance. There are many more documents that are involved that may not be
considered in the ordinance.
Murtagh asked why we’ve gone from PUD to PDZ. Jennifer Kusznir stated the change was
made to be similar to the Town, but under City law a PUD (Planned Unit Development) is
what’s in the City Charter/Code.
Alderperson Martell asked also why it has come up again.
JoAnn Cornish stated that we are currently working on a project of the Emerson Plant that
would include manufacturing/industrial as well as housing. The group is referred as the
Chain Works Group. They are currently working with the Town of Ithaca for a PDZ.
Alderperson Brock also stated that there is an extensive amount of contamination cleanup.
This developer has already started and is working on cleaning up this site.
This is for serious developers since this is a very long, drawn-out process.
Alderperson Brock stated she would like to wait sending this to Council. There are many
inconsistencies between the ordinance and the application.
Jennifer Kusznir stated that the application is being worked over and revised.
Attorney Lavine pointed out to the group that the ordinance is what is to be voted on and
carried forward to Council not necessarily the process. It’s the idea of the concept that we
are voting on. Are we interesting is doing this?
Alderperson McCollister would like to see a real clean concept memo and process before this
goes forward.
Alderperson Brock asked how we know if this isn’t similar to spot zoning. She’s a bit
perplexed. How do we answer this question?
Minutes Approved at
August 13, 2014 P&EDC Meeting
Alderperson Kerslick stated that the criteria are not clear. The dollar amount or scale isn’t
high enough. He stated that it really is the Planning Committee that makes this go forward.
If there isn’t the vote at the Committee, it won’t go anywhere.
Alderperson Kerslick stated that it may be possible to identify what areas of the City that
would benefit from a PUD.
There is general support of the concept. The criteria must be spelled out identically between
the ordinance and the application. The intent needs to be clearly pointed out.
These suggested changes will be made and this will be brought back to the committee at
their June 2014 meeting.
e) Addition of Orchard Place to East Hill Historic District
Alderperson McCollister stated adding these five properties as it was clearly an oversight
them not being included until now.
Alderperson Kerslick stated that he is the owner of 115 Orchard Place and may have to
recluse himself.
Mayor Myrick stated this is the right thing to do.
Expansion of the local East Hill Historic District to include 109, 111, 112, 114, and
115 Orchard Place
Alderperson McCollister moved; seconded by Alderperson Brock. Passed 4-0. (Kerslick
abstained)
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Ithaca Landmarks
Preservation Commission may recommend designation of individual landmarks and districts of
historic and cultural significance, and
WHEREAS, on April 8, 2014, the Ithaca Landmarks Preservation Commission conducted a
public hearing for the purpose of considering a proposal to expand the local East Hill Historic
District to include the five above-referenced properties on Orchard Place, and
WHEREAS, the proposal is a Type II Action under the NYS Environmental Quality Review Act
and an Unlisted Action under the City Environmental Quality Review Ordinance and after
conducting appropriate environmental review the Ithaca Landmarks Preservation Commission,
acting as Lead Agency, has determined that the proposal will not have a significant
environmental impact, and
WHEREAS, the Commission finds that the proposal meets criteria under the Landmarks
Preservation Ordinance and has voted to expand the local East Hill Historic District to include
these five properties, and
WHEREAS, Section 228-3 of the Municipal Code states that the Council shall within ninety
days of said recommendation to designate, approve, disapprove or refer back to the
Commission for modification, and
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Planning Board shall file a
report with the Council with respect to the relation of such designation to the comprehensive
Minutes Approved at
August 13, 2014 P&EDC Meeting
plan, the zoning law, projected public improvements, and any plans for the renewal of the site
or area involved, and
WHEREAS, a copy of the Planning Board's report and recommendation for approval of the
designation has been reviewed by the Common Council, now, therefore, be it
RESOLVED, that the Ithaca Common Council finds that the designation of these five properties
will not conflict with the comprehensive plan, existing zoning, projected public improvements, or
any plans for renewal of the site and area involved, and be it further
RESOLVED, that the East Hill Historic District, as expanded by the addition of these five
properties, continues to meet the definition of a local historic district as set forth in the Municipal
Code, as follows:
An area which contains primarily properties which meet one or more of the criteria for
designation as an individual landmark, namely:
1. Possessing special character or historic or aesthetic interest or value as part of
the cultural, political, economic, or social history of the locality, region, state, or
nation; or
2. Being identified with historically significant person(s) or event(s); or
3. Embodying the distinguishing characteristics of an architectural style; or
4. Being the work of a designer whose work has significantly influenced an age; or
5. Representing an established and familiar visual feature of the community by
virtue of its unique location or singular physical characteristics.
and is an area which constitutes a distinct section of the city by reason of possessing
those qualities that would satisfy such criteria.
and be it further
RESOLVED, that the Ithaca Common Council approves the expansion of the local East
Hill Historic District to include the properties located at 109, 111, 112, 114, and 115
Orchard Place under Section 228-3 of the Municipal Code.
f) Ban on Outdoor Wood-Burning Furnaces
An Ordinance to Amend City of Ithaca Municipal Code Chapter 178 in Order to Impose
Total Ban of Outdoor Wood-Burning Furnaces within the City
Alderperson Brock moved this ordinance; seconded Alderperson Kerslick seconded. Carried
Unanimously
WHEREAS, the Common Council finds that outdoor wood-burning furnaces can provide an alternative to
conventional heating systems, generating hot water heat through the use of on-site wood fires rather than
coal or gas, and
Minutes Approved at
August 13, 2014 P&EDC Meeting
WHEREAS, the Common Council also finds that smoke from these outdoor furnaces often contains
unhealthy levels of particulate matter, dioxins, carbon monoxide, nitrogen dioxide, sulfur dioxide,
hydrochloric acid, formaldehyde, and other toxic pollutants, and
WHEREAS, the Common Council finds that exposure to smoke from these furnaces can cause adverse
effects to respiratory and cardiovascular systems and exacerbate existing asthmatic sensitivity and lung
illness, especially among children and the elderly, and
WHEREAS, the Common Council finds that outdoor furnaces are intended to burn only natural wood, but
homeowners sometimes add other materials, which can produce toxic air pollutants when burned, and
WHEREAS, the Common Council has determined the most effective way to ensure the health, safety, and
general welfare of the citizens of the City in this instance is to prevent the construction and operation of
outdoor wood-burning furnaces, therefore
BE IT ORDAINED AND ENACTED by the Common Council as follows:
Section 1. Chapter 178-2, entitled “Definitions,” of the City of Ithaca Code, is hereby amended to include
an additional definition:
“Outdoor Wood-Burning Furnace: an exterior device or structure, designed or intended, through the
burning of wood, for the purpose of heating the principal structure, or any other structure on the
premises.”
Section 2. Chapter 178-4, entitled “Standards for exterior structures,” of the City Code is hereby amended
through the addition of a new subsection E, to be read as follows:
“E. No outdoor wood-burning burning furnace be installed, constructed, maintained or operated on the
exterior property of premises within the City.”
Section 3. Severability. Severability is intended throughout and within the provisions of this ordinance. If
any section, subsection, sentence, clause, phrase, or portion of this ordinance 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 effect immediately and in accordance with law upon
publication of notice as provided in the Ithaca City Charter.
6) Action Items – Approval to Circulate
a) Unified Solar Ordinance
JoAnn Cornish stated that the City has currently has a one-page application. What we use
now is far less cumbersome than this solar ordinance. It was staff’s decision to not change
our practices.
7) Review and Approval of Minutes
a) February 2014
Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously.
8) Adjournment
Moved by Alderperson Martell; seconded by Chair Murtagh. The meeting was adjourned at
7:35 p.m.