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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.