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HomeMy WebLinkAboutMN-PLED-2014-09-10Minutes Approved at November 12, 2014 P&EDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, September 10, 2014 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Cynthia Brock, and Josephine Martell Committee Members Absent: Ellen McCollister Other Elected Officials Attending: None Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Debbie Grunder, Executive Assistant, Department of Planning, Building, Zoning, and Economic Development, and Nels Bohn, Director, Ithaca Urban Renewal Agency (IURA); Ari Lavine, City Attorney Others Attending: Jay Franklin, Tompkins County Assessment Office Chair Seph Murtagh called the meeting to order at 6:00p.m. 1) Call to Order/Agenda Review There were no changes to the agenda. 2) Special Order of Business a) Public Hearing – Lot Coverage Amendment, Decks Alderperson Kerslick moved to open the public hearing; seconded by Alderperson Martell. Passed Unanimously. Sheryl Swink, 321 North Albany Street, spoke on the lot coverage amendments. She thinks it’s something that has been able to do, and it is taking away. What is the purpose? Alderperson Kerslick moved to close the public hearing; seconded by Alderperson Brock. Passed unanimously. Minutes Approved at November 12, 2014 P&EDC Meeting b) Special Presentation – Assessments Jay Franklin, Director of Assessment, Tompkins County Department of Assessment, provided the Committee with a presentation on the subject of County assessments. A copy of this report is attached to these minutes. c) Special Presentation – Conservation Easements in City Watershed City Attorney Ari Lavine explained what a small group of employees have been working on. He anticipates a new budget line added for this new program. A Conservation Easement is a set of legal restrictions on a piece of property. There are certain things that are allowed and not allowed. A $30M water plant is currently being built. This group was inspired by a past Alderperson Chris Proulx and currently includes Alderperson Donna Fleming; Assistant Superintendent of Water and Sewer, Erik Whitney; the President of the Land Trust; and Ari Lavine, Ithaca City Attorney. We are looking at undeveloped land that feeds our water supply. Current landowners can voluntary give up a portion of their land for this use. The land trust will help the City identify the owners who will donate this land. This will give them a tax break as well as maintain their land as they choose to even though they’ve donated the property. This process will not create any additional workload to City employees as the Land Trust will be responsible for it all. Process wise, the committee is proposing an annual budget line to support this project. Departments such as Planning and Development and the Department of Public Works may have an important part in this. Alderperson Brock asked for clarification of what budget dollars will be used. Attorney Lavine responded that this program will be funded by the Water and Sewer budget which is not the general fund. It will be funded by the revenue Water and Sewer brings in based on their water and sewer rates collected by Ithaca City residents. Alderperson Kerslick asked whether a map of the water shed would be made available when reviewing each easement. He would like reassurance that the Water Plant and Water and Sewer employees are definitely on board. Attorney Lavine stated that Erik Whitney is in full support of this process. It will be reviewed during the annual budget process and budgeted in the Water and Sewer budget of the general fund. The Cayuga Lake Watershed has a huge collection of watershed maps. JoAnn Cornish stated that some of the property that have road frontage may also be more valuable entering into these easements. Cornish also asked whether a transfer of development rights would be available to these landowners with other municipalities. Minutes Approved at November 12, 2014 P&EDC Meeting Cornish further stated that a few years back there was a capital project regarding this very topic or similar topic. It was also clarified that this would be eligible for rate funding. Lavine encouraged that if Council is interested in agreeing to this and to fund it, it would be important to pass a resolution outlining the process’ steps. Alderperson Brock stated it would be an important that the Department of Public Works be included in the approval process. JoAnn stated she would be interested to know whether the Land Trust already has current easements in the Watershed. 3) Public Comment and Response from Committee Members Michael Culotta, 701 North Tioga Street, spoke in favor of conversation easements. He stated that these easements will remain on the tax rolls and these municipalities should be made aware of this since these easements will be most often in areas outside of the City limits. Alderperson Brock thanked Sheryl Swink for coming out and speaking on the lot coverage amendments. She stated the amendments are being made for a better clarification of definitions. 4) Announcements, Updates, and Reports JoAnn Cornish stated that there will be a meeting set regarding Cornell Heights for later this month. JoAnn Cornish informed the group that she and Sue Ritter have been in touch and have had multiple conversations, and it was suggested that the Planning Committee attend the Town Planning Board on September, 25, 2014 at 4:30 p.m. The members present stated they were in agreement and would check their schedules. There will be a public information session on September 18, 2014 in the Borg Warner Room, Tompkins County Public Library, at 5:00 p.m. to discuss a CIITAP application for a new housing project on Clinton Street. Brindley Street Bridge will be presented on September 22, 2014 at 3:45 p.m. in the Second Floor Conference. Addisu Gebre, Bridge System Engineer, will lead this meeting. A public hearing will be held on the amendments to the City noise ordinance in October. City Attorney Ari Lavine will be attending. 5) Action Items – Voting to Send onto Council a) Neighborhood Improvement Incentive (NIIF) Application Minutes Approved at November 12, 2014 P&EDC Meeting Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously. RESOLUTION: Request for Neighborhood Improvement Incentive Funds for the Fall Creek Neighborhood Block Party, August 2014 WHEREAS, the City of Ithaca Common Council established the Neighborhood Improvement Incentive Fund in 1995 to provide financial assistance to city residents seeking to improve the quality of life in their neighborhoods, and WHEREAS, the fund is intended to support residents' interest in community improvement and to encourage, not replace volunteerism, and WHEREAS, the funds are intended to be used for projects or events that provide a general neighborhood benefit and not for the limited benefit of individuals or a select few residents, and WHEREAS, activities specified by the Common Council as eligible for the funding include but are not limited to neighborhood clean-ups, plantings in public places, and neighborhood events like neighborhood block parties or meetings, and WHEREAS, neighborhood groups are required to submit a completed application specifying other project donations, estimated volunteer hours, estimated costs to be covered by the fund and signatures of residents in the immediate neighborhood, and WHEREAS, to streamline the process the Common Council has delegated authority to approve applications to the Planning & Economic Development Committee, and WHEREAS, each neighborhood group is eligible to receive up to $300 per year as a reimbursement award payable on the submission of original receipts or invoices for approved activities, and WHEREAS, the City cannot reimburse residents for sales tax expenses, and WHEREAS, on behalf of neighborhood residents, Maria Costanzo and Sara Schaffzin have submitted an application for reimbursement funds to off-set $189.73 in expenses from the Fall Creek neighborhood’s annual block party, and WHEREAS, notice of the block party was circulated throughout the neighborhood, and the event provided an opportunity for socializing with diverse groups of residents; now, therefore, be it RESOLVED, that the Planning and Economic Development Committee approves the funding request from Maria Costanzo and Sara Schaffzin in the amount of $189.73 for reimbursement upon presentation of original invoices and/or receipts. Minutes Approved at November 12, 2014 P&EDC Meeting b) Non-substantive Changes to Planned Unit Development Ordinance An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” Article IV, Section 325-12, in Order to Make Minor Non Substantive Changes Regarding the Common Council Approval Process for Planned Unit Developments (PUDs) City Attorney Ari Lavine informed the group what the amendments to this resolution are: Section 1 should include changes to [8], [9], [11], and [12] as stated in the resolution being acting on tonight. Alderperson Brock moved the amendments; Kerslick seconded it. Passed Unanimously Alderperson Kerslick moved to approve as amended; seconded by Alderperson Brock seconded it. Passed unanimously. ORDINANCE NO. 2014-____ WHEREAS, on July 2, 2014, the Common Council adopted legislation allowing for the City to establish Planned Unit Development districts on any property in the City currently zoned for industrial uses, and WHEREAS, the adopted Planned Unit Development Ordinance contained language that would require the Planning Board to serve as lead agency on the associated environmental review and require a project to receive a negative declaration of environmental significance in order to be considered eligible for a Planned Unit development, and WHEREAS, the Planning Board may not serve as lead agency in all instances, because, for example, Common Council could choose to serve as lead agency, and a proposed project may complete its environmental review even if it receives a positive declaration of environmental significance as long as it is able to mitigate the impacts of the environmental impacts, and WHEREAS, in order to allow for these projects to be eligible for planned unit developments, the language of the ordinance must be amended to allow for projects that have adequately completed environmental review, so that the project can progress through construction, to be considered by the Common Council for PUD approval; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Article IV, Section 325-12 of the Municipal Code of the City of Ithaca be amended as follows: Minutes Approved at November 12, 2014 P&EDC Meeting Section 1 Chapter §325-12.G.[8], [9], [11], and [12] shall be deleted in their entirety and replaced, respectively, with: [1.] Site Plan Review Application - Applicant submits a site plan review application. The Planning Board commences the environmental review process in compliance with the State Environmental Quality Review Act (SEQRA) and the City Environmental Quality Review Ordinance (CEQRA) and conducts the normal site plan review process. To the extent that the Planning Board declares its intent to be the lead agency for the environmental review of the project and the PUD, the Planning Board notifies all other involved agencies including the Common Council. [2.] RESERVED. [11.] RESERVED. [12.] Common Council Consideration of the PUD - When and if the Planning Board has completed its environmental review of the project to the extent required under SEQRA and CEQRA and has issued a contingent site plan approval, the project will return to the Common Council for final consideration of the adoption of the PUD. Final Council approval, if any, shall be granted via ordinance. [13.] Section 2. Severability. 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 portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Minutes Approved at November 12, 2014 P&EDC Meeting c) Lot Coverage Amendment, decks JoAnn Cornish stated that in practice this is already in place, but has not been adequately stated in the Code. This is an effort to reduce the amount of structure on the lots. She further stated that in the Fall Creek area where the lots are much smaller than other areas in the City, if the proposed deck being built will often require a variance. Declaration of Lead Agency for Environmental Review for – An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To correct inconsistencies so that the area of deck(s), balconies projecting more than two feet from the face of a building, ramps, and landings, in addition to buildings and accessory structures, is included in determining the maximum percentage of lot coverage, a District Regulation requirement. Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously. WHEREAS, State Law and Section 176-6 of the City Code 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, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Zoning Code in order to correct inconsistencies pertaining to maximum percentage of lot coverage. Determination of Environmental Significance for – An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To correct inconsistencies so that the area of deck(s), balconies projecting more than two feet from the face of a building, ramps, and landings, in addition to buildings and accessory structures, is included in determining the maximum percentage of lot coverage, a District Regulation requirement. Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously. Minutes Approved at November 12, 2014 P&EDC Meeting WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Zoning Code in order to correct inconsistencies pertaining to maximum percentage of lot coverage, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Short Environmental Assessment Form, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. ORDINANCE NO. ____ Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, of the Municipal Code of the City of Ithaca, entitled Zoning, be amended as follows: Section 1. Chapter 325 (“Zoning”), Section 325-3, entitled, “Definitions and word usage” is hereby amended to add additional clarifying language to the definitions of “Building”, “Building area”, and “Structure” to read as follows: “Building” -Any structure wholly or partially enclosed within exterior walls or within external and/or party walls and a roof, affording shelter to persons, animals or property, including porches, (See “structures”.) “Building Area” – The total area (taken on a horizontal plane at the main grade level) Minutes Approved at November 12, 2014 P&EDC Meeting of the principal building and all accessory buildings, including porches, attached or free standing decks, balconies projecting more than two feet from a building or structures, ramps, and/or landings. The total building area shall be used for determining required yards and maximum percentage of allowed lot coverage but shall not include parking areas and parking spaces. Pergolas, and terraces and patios shall be exempt from total lot coverage requirements. However, neither pergolas or terraces and patios above grade shall be located in a required yard. “Structure” – Anything constructed or erected on the ground or is attached to another structure or building. Structures shall not include patios or terraces. Section 2. Chapter 325 (“Zoning”), Section 325-3, entitled, “Definitions and word usage” is hereby amended to add the following new definitions for “Deck”, “Pergola”, “Porch”, and Terrace or Patio”: “Deck”- a “structure” freestanding or attached to a building or an above ground swimming pool, consisting of one or more planes constructed of wood, metal, and/or other materials including a support system of footings and foundation walls and/or, piers, pilasters, columns, and posts, joists, beams, stringers, floor boards, and/or similar structural members, and including, any open enclosure, ramps, and/or landings with the ground and/or an adjourning structure and, if required by building code, balusters and railings. “Pergola” – an arbor or passageway for climbing plants with an overhead frame supporting open lattice work. “Porch” – a structure projecting from the wall or walls of a building, with a roof, that may be open to weather or wholly or partially enclosed with walls. A porch shall be deemed part of the building. “Terrace or patio” – a level plane or surfaced patio that is less than 18 inches above grade, without a roof, and not supported by any permanent structure. Terraces and patios above grade shall not encroach into required yards. Section 3. Chapter 325 (“Zoning”), Section 325-8A.(10) “Column (10): Maximum Percentage of Lot Coverage by Building”, be amended to read as follows: On a lot hereafter used, no greater percentage of total lot area may be covered by principal and accessory buildings above ground. For this purpose, the area covered by principal and accessory buildings shall include all porches, attached or freestanding decks, balconies projecting more than two feet from a building or structure, ramps, and/or landings. This sum, divided by the total lot area, shall not exceed the maximum allowed percentage of lot coverage specified in this column. Minutes Approved at November 12, 2014 P&EDC Meeting Section 4. Chapter 325 (“Zoning”), Section 325-18, entitled “Yard regulations” is hereby amended to add clarifying language to section 325-18A., entitled “Porches”, to read as follows:   Section 325-18A. Porches and structures. All porches, attached or freestanding decks, balconies projecting more than two feet from a building or structure, ramps, and/or landings shall be considered a part of the building in both the determination of required yards and lot coverage. d) Amendment to Community Investment Incentive Tax Abatement Program (CIITAP) Nels Bohn, IURA Director, explained the changes made to this resolution after the packet was distributed. It was to clarify that applicants if owning other properties in the City, it can be checked whether that property is in good standing.   CIITAP - Municipal Compliance Amendment Moved by Alderperson Kerslick; seconded by Alderperson Martell. Passed unanimously. Whereas, the Community Investment Incentive Tax Abatement Program (CIITAP) provides financial incentives through the Tompkins County Industrial Development Agency (IDA) to encourage appropriate real estate and business investment in the core areas of the City and redevelopment of environmentally contaminated sites, and Whereas, the CIITAP program requires a two-step application process whereby applications must first satisfy minimum City of Ithaca eligibility requirements to advance for consideration by the IDA, and Whereas, there are currently three eligibility criteria for a CIITAP application to be approved by the City for IDA consideration: 1. Project size – project will increase the assessed value of property by at least $500,000; 2. Project density – project will contain a minimum of 3 stories or constitute a major restoration of an existing building; and 3. Project location – project is located within the Density District or includes a DEC-listed inactive hazardous waste site, and Whereas, a CIITAP applicant who is delinquent on taxes, assessments, fees or penalties due to the City or owns one or more properties with one or more violations of local laws or regulations should not be eligible for special assistance through the CIITAP program until the applicant and all properties owned by the applicant come into compliance, and Whereas, requiring a CIITAP applicant to remedy existing violations or delinquencies as a condition of eligibility may bring eliminate violations and bring properties into voluntary compliance without expending enforcement resources; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby amends its Community Investment Incentive Tax Abatement Program policy to include the following fourth eligibility criteria: 4. Municipal compliance – all each property in the City of Ithaca owned by the applicant Applicant must be in full compliance with all applicable local laws and regulations, Minutes Approved at November 12, 2014 P&EDC Meeting consent agreements, and orders of the Director of Code Enforcement, and current on all local taxes, assessments, fees and penalties due to the City, and be it further RESOLVED, for the purposes of the CIITAP municipal compliance requirement, an the Applicant shall be deemed to include the following, whether they are natural persons, business entities, or other forms of organization: • For a sole proprietorship, the sole proprietor; • For a Limited Liability Corporation (LLC), all members owning 20% or more of the companyentity; • For a partnership, all general partners and all limited partners owning 20% or more of the equity of the firm; and • For a corporation, all owners of 20% or more of the corporation and each officer and director, ; and be it further RESOLVED, for the purposes of the CIITAP municipal compliance requirement, properties owned by the Applicant in the City of Ithaca shall include any property for which an Applicant has an ownership interest of 20% or more. Alderperson Brock recommended the last Resolved be added to the application. 6) Review and Approval of Minutes a) August 2014 – Moved by Alderperson Kerslick; seconded by Alderperson Martell as amended with Alderperson Brock’s recommendations. Passed unanimously. A brief conversation took place about the number of projects currently in the “hoper”. JoAnn agreed to send the group the list of projects. 7) Adjournment Moved by Alderperson Murtagh; seconded by Alderperson. The meeting was adjourned at 7:50 p.m.