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HomeMy WebLinkAboutMN-PLED-2016-03-09Approved at the April 13, 2016 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, March 9, 2016 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ducson Nguyen, Cynthia Brock, and Josephine Martell Committee Members Absent: None Other Elected Officials Attending: Mayor Svante Myrick (arrived at 6:35 p.m.) Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Lisa Nicholas, Senior Planner; Lynn Truame, Ithaca Urban Renewal Agency (IURA); Nels Bohn, Director, Ithaca Urban Renewal Agency (IURA); Addisu Gebre, City Bridge Engineer; Deborah Grunder, Executive Assistant Others Attending: Anthony Zeb, Tompkins County Land Trust Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review There were no changes made to the agenda. 2) Public Comment and Response from Committee Members David Nutter, 243 Cliff Street, spoke on the ‘no feed’ waterfowl ordinance. His comments are attached to these minutes. Fabina Colon and Audrey Cooper, Workforce Diversity Advisory Committee (WDAC), spoke on the CIITAP changes. Fabina read what the WDAC has been doing on such a program. It is suggested that fees received be used for underprivileged persons and the programs that serve them. She read a letter that was already sent to Council members. That letter is attached to these minutes. Approved at the April 13, 2016 PEDC Meeting Thomas Schelley, 118 East Court Street, spoke in favor of the chicken ordinance and is eager to see how the pilot program works. Alderperson Brock thanked the WDAC for their comments regarding CIITAP. Alderperson Martell responded to David Nutter stating that the geese ordinance is not looking to remove the geese, just minimize the geese population. 3) Special Order of Business a) Presentation: Chain Works Planned Unit Development (PUD) Zone Lisa Nicholas, Senior Planner, explained the time line for this project, what has been done to date, and what is left to be completed. The City Planning Committee will work parallel with the City Planning and Development Board through the site-plan review process. The PUD is often completed after the environmental review is done. Some joint meetings have been scheduled with the Town of Ithaca Planning Committee and the City Planning and Development Board. More meetings may be required. The decisions that were made at last night’s City Planning Board meeting will be updated and distributed to all. The City Planning Committee will work on the PUD zoning at the same time the City Planning Board will be completing the site-plan review. Mayor Svante Myrick joined the meeting at 6:35 p.m. 4) Announcements, Updates, and Reports a) IURA Consolidated Plan Lynn Truame stated that the Emergency Rescue Shelter usage has changed since the 2014 Consolidated Plan. For that reason, the plan will be updated to reflect that money may be used to fund projects of this nature. There is no formal approval necessary, just notification. 5) Action Items (Voting to send on to Council) a) Brindley Street Bridge Replacement: Lead Agency Decision Alderpersons Nguyen and Brock both pointed out the misspelling of Brindley throughout the resolution. The resolution was corrected. Approved at the April 13, 2016 PEDC Meeting Alderperson Brock asked whether a public hearing has been scheduled. As of now, a public hearing has not been scheduled and won’t be until the site-plan review application is submitted. That is not expected until June 2016. Brindley Street Bridge Rehabilitation Project Design Alternativ e and Environmental Review Lead Agency Decision-Resolution Moved by Alderperson Kerslick; seconded by Alderperson Nguyen. Carried unanimously . WHEREAS, the existing Brindley Street Bridge (“the Bridge”) is a single-span, single-lane multiple steel girder bridge carrying Brindley Street over the Cayuga Inlet, and WHEREAS, Brindley Street Bridge Replacement Project (“the Project”) involves the replacement of the Brindley Street Bridge with two lane structure with additional accommodations for bicyclists and pedestrians including necessary approach and intersection improvement, and WHEREAS, two possible alternatives for the replacement of this bridge are being considered: Bridge Alternative 1,which includes replacement of the bridge in its existing alignment and Bridge Alternative 2,which would include the construction of new roadway and bridge on a relocated horizontal alignment that would connect Taber Street with the West State Street/Taughannock Boulevard intersection, and WHEREAS, the alternatives for reconstruction of the Brindley Street Bridge were presented to the City Planning Board on September 23, 2014, and WHEREAS, the Planning Board prepared a memo in support of Bridge Alternative 2, which would realign the bridge with Taughannock Boulevard, stating that this would improve a problematic intersection, and WHEREAS, the alternatives for reconstruction of the Brindley Street Bridge were presented to the City Board of Public Works on September 22, 2014, and WHEREAS, on October 6,2014, the Board of Public Works voted on a resolution in support of Bridge Alternative 2, which would realign the bridge with Taughannock Boulevard, and WHEREAS, on February 8, 2016, the Board of Public Works voted on a resolution that notify the Board’s intent to act as a lead agency for environmental review of the project focused on Alternative 2; now, therefore be it RESOLVED, that the Common Council hereby accepts the recommendation of both the Board of Public Works and Planning Board to proceed with developing a detail design for Brindley Bridge Alternative 2;and ,be it further Approved at the April 13, 2016 PEDC Meeting RESOLVED, that the Common Council hereby concur with Board of Public Works on its intention to act as a lead agency for the environmental review of the project focused on Alternative 2 ;and, be it further RESOLVED, that, contingent upon environmental review outcome, the Common Council here by authorizes the Superintendent of Public Works to proceed with the design of Brindley Street Bridge replacement on relocated horizontal alignment and new roadway construction (Bridge Alternative 2). b) Six-Mile Creek Watershed Conservation Easement Moved by Alderperson Martell; seconded by Alderperson Kerslick. Unanimously approved. Alderperson Brock stated that when we voted to create this fund, we agreed that the City’s contribution was not to exceed $15,000. What is the rationale for the increase to $40,000? Chair Murtagh stated he is in full support of this easement. This is a beautiful piece of property. Alderperson Brock is very reluctant to approve a higher amount than the County is. Alderperson Martell spoke on behalf of the Natural Areas Commission who are in favor of not spending the entire funds available. They suggest $25,000. Andy Zeb, Tompkins County Land Trust, informed the group that this program was set up to improve the water in the plant which will maintain better water throughout the area. The property being proposed is “as good as it gets” in the watershed. Alderperson Brock moved to amend the resolution to read as noted below; seconded by Alderperson Martell. Unanimously approved. WHEREAS, the City of Ithaca has received an application from the Finger Lakes Land Trust (FLLT) to support the acquisition of approximately 125 acres of land within the Six Mile Creek Watershed located at 471 Midline Road in the Town of Dryden (“the Petkov Property”), and WHEREAS, the application meets the four criteria established in the Common Council Resolution “City Watershed Conservation Easements Processes” passed on March 4, 2015, and WHEREAS, the Superintendent of Public Works and Assistant Superintendent of Public Works— Water and Sewer have reviewed the application and believe that the property is of high value for protection of the watershed, and WHEREAS, the Board of Public Works passed a 2/22/16 resolution supporting the provision of $40,000 toward acquisition of the Petkov Property by the FLLT, now therefore be it RESOLVED, that the Common Council authorizes the Mayor, on advice on of the City attorney, to enter into a funding agreement with the FLLT by which the City provides $40,000 $25,000 to the FLLT and the FLLT contractually commits to the preservation in perpetuity of the Petkov Property, thus protecting the water quality of the watershed flowing into the City’s water filtratio n plant, and be it further Approved at the April 13, 2016 PEDC Meeting RESOLVED, that the Common Council authorizes funding in support of the same to be drawn from the Water Fund, Watershed Accounts; F8321-5700 $20,000 (2015) and F8321-5435 $20,000 5,000 (2016). c) Proposed Small Revisions to PUD Ordinance Moved by Alderperson Brock; seconded by Alderperson Martell. Passed Unanimously. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” Article IV, Section 325-12, in Order to Amend the Approval Process for the Planned Unit Development (PUD) ORDINANCE NO. 2016-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Article IV, Section 325-12G.(12) be amended as follows: Section 1. Chapter 325 (“Zoning”), Article IV, section 325- 12G.(12) is hereby amended to change the approval process for a Planned Unit Development Zone to allow the Common Council to approve a PUD for a multi phased project based on the final site plan approval of the first phase of the project and preliminary site plan approval of subsequent phases of the project, and shall read as follows: §325-12. G.(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 CEQRO and has issued a contingent site plan approval or in the case of a multi- phase project has issued a preliminary contingent site plan approval of multiple phases along with a final contingent site plan approval of at least one phase, the project will return to the Common Council for final consideration of the adoption of the PUD, which in at Council’s discretion may be authorized for one or all phases of a multi-phase project. Final Council approval, if any, shall be granted via ordinance.” Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid Formatted: Strikethrough Approved at the April 13, 2016 PEDC Meeting 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. Approved at the April 13, 2016 PEDC Meeting 6) Action Items (Voting to Circulate) a) (TM)PUD Application: Cherry Street Arts Space To: Planning and Economic Development Committee FROM: Lisa Nicholas, Senior Planner DATE: March 3, 2016 RE: City of Ithaca Temporary Mandatory Planned Unit Development Application for The Cherry Artspace On March 1, 2016, the City of Ithaca received an application for a Planned Unit Development (PUD) for the Cherry Artspace. The completed application is enclosed for your review. The proposed project is a small, flexible, multidisciplinary arts space, at 102 Cherry Street in Ithaca's industrial West End. The space will be sprinklered and handicapped-accessible and meet all requirements for assembly. Performance Premises has committed to making the building indefinitely available to the local 501{c)(3) arts organization The Cherry Arts without cost. The Cherry Arts will program their own original theatre work (based in an ensemble of Ithaca's own professional theatre artists) in the Artspace; and will also make the space very affordably available to present the work of other excellent area artists whose work may be best served by a venue that is smaller and/or more flexible than existing ones. The benefits to the community will be many. An arts space in Ithaca's West End will work alongside planned improvements like the Brindley Street Bridge and Black Diamond Trail to bolster development of Ithaca's underused industrial zoned waterfront. Ithaca and area artists will benefit from access to an affordable space that may better suit their artistic needs. Cherry artists will equally benefit from a space designed to enable crossover between artistic disciplines, both on a creative and audience-development level. The Arts pace will broaden the range of theatrical and artistic offerings available to Ithaca and regional audiences. In accordance with the Temporary Mandatory Planned Unit Development (TMPUD) requirements this application is to be circulated for comments and a public information session is to be held. The project will then return to the Planning Committee in April for a public hearing and with a request for an approval in concept. If the Committee is in agreement, staff will begin this process and return in April with any comments that are received. If you have questions or require additional information, please feel free to contact me at Alderperson Brock moved to circulate; seconded by Alderperson Nguyen. Passed unanimously. Approved at the April 13, 2016 PEDC Meeting b) Incentive Zoning for Affordable Housing Alderperson Brock is not in favor of remove the minimum parking requirement. Alderperson Nguyen stated he is not a fan of this type of zoning. In his research, in Chicago most developers chose the payment-in-lieu. Alderperson Kerslick moved to circulate; seconded by Alderperson Martell. Passed 4-1. DRAFT City of Ithaca Incentive Zoning for Affordable Housing Ordinance Section 1. Intent The intent of this ordinance is to encourage the construction of affordable housing, or payment of fees-in-lieu to support such construction, as a portion of new residential development within the community for the purpose of: A. Implementing the affordable housing goals, policies, and objectives contained in the City of Ithaca’s Comprehensive Plan and the Tompkins County Comprehensive Plan; B. Ensuring the opportunity of affordable housing for employees of businesses that are located in or will be located in the community; C. Maintaining a balanced community that provides housing for people of all income levels. Section 2. Definitions A. Definitions of specific terms or words as used in this ordinance shall conform to the definitions of the same terms in the Zoning Ordinance, Chapter 325, Section 325-3. B. In addition to the definitions in Chapter 325, the following words and terms, when used in this ordinance, shall have the following meanings: Affordable Housing: In the case of dwelling units for sale, housing in which the principal, interest, taxes, insurance, and condominium or association fees, if any, constitute no more than 37 percent of gross annual family income for a household of the size that may occupy the unit in question, assuming a down-payment of no more than 5%. In the case of dwelling units for rent, housing for which combined rent and utility costs do not exceed the maximum amount allowed under the U.S. Department of Housing and Urban Development’s HOME program. Affordable Housing Development Agreement: a written agreement between an applicant to develop an Affordable Housing Development, as defined in this ordinance, and the City of Ithaca, containing specific requirements to ensure the continuing affordability of housing included in the development. Approved at the April 13, 2016 PEDC Meeting Affordable Housing Unit: any dwelling unit subject to covenants or restrictions requiring such unit to be sold at prices preserving them as Affordable Housing for a period of at least 15 years, or rented at prices preserving them as Affordable Housing for a period of at least 50 years. Affordable Housing Development: any housing subsidized by the federal or state government, including Low Income Housing Tax Credit projects; or any housing or mixed-use development in which Affordable Housing Units are included pursuant to this ordinance. Affordable Housing Development Plan: a plan prepared and submitted by an applicant who proposes to develop an Affordable Housing Development, outlining and specifying the proposed project’s compliance with the applicable requirements of this ordinance. Affordable Housing Trust Fund: the fund created by the City of Ithaca pursuant to Chapter 62 of the Municipal Code and referenced in Section 10 of this ordinance. Certificate of Affordable Housing Compliance: the certificate issued by the Department of Planning, Building, Zoning, and Economic Development that provides legal assurance that a developer’s obligations under this ordinance are being satisfied. High HOME Rent: as calculated and published annually by the U.S. Department of Housing and Urban Development, the maximum cost of combined rent and utilities that is affordable to a household earning 60% of the area median family income. Low HOME Rent: as calculated and published annually by the U.S. Department of Housing and Urban Development, the maximum cost of combined rent and utilities that is affordable to a household earning 50% of the area median family income. Median Family Income: the median family income level for the Ithaca Metropolitan Statistical Area, as established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and Urban Development, adjusted for household size. Renovation: physical improvement that adds to the value of real property, but that excludes painting, ordinary repairs, and normal maintenance. Section 3. Scope of Application; Density Bonus A. Any of the following types of development that result in, or contain, one or more Residential Dwelling Units and include sufficient numbers of Affordable Housing Units to constitute an Affordable Housing Development as determined by the calculation in paragraph 3.B. of this ordinance may elect to pursue designation as an Affordable Housing Development: Approved at the April 13, 2016 PEDC Meeting (1) New residential construction, regardless of the type of dwelling unit (2) New mixed-use development with a residential component (3) Renovation of a multiple-family residential structure that increases the number of residential units from the number of units in the original structure (4) Conversion of an existing single-family residential structure to a multiple-family residential structure (5) Change of use of an existing building from nonresidential to residential (6) Change of use of a rental residential property to a condominium property. B. The minimum number of Affordable Housing Units that must be included for any development listed in Section 3.A. of this ordinance to qualify as an Affordable Housing Development shall be calculated as follows: (1) for for-sale units, the greater of one unit or 15% of the total number of proposed Residential Dwelling Units. If this calculation results in a fraction, a fraction of 0.5 or more shall be rounded up to the next higher whole number, and a fraction of less than 0.5 shall be rounded down to the next lower whole number. (2) for for-rent units, either: (a) the greater of one unit or 15% of the total number of proposed Residential Dwelling Units, rounded as indicated above, with rents set at levels that do not exceed the High HOME Rent for the appropriate unit size, as published annually by the U.S. Department of Housing and Urban Development, or (b) the greater of one unit or 10% of the total number of proposed Residential Dwelling Units, rounded as indicated above, with rents set at levels that do not exceed the Low HOME Rent for the appropriate unit size, as published annually by the U.S. Department of Housing and Urban Development. C. Any Affordable Housing Development as defined in this ordinance shall be entitled to receive the following incentives: (1) Elimination of minimum parking requirements. (2) For projects within the Waterfront Mixed Use, Urban Mixed Use, or Enterprise zones, as Approved at the April 13, 2016 PEDC Meeting identified on the Comprehensive Plan’s Future Land Use Map, a density bonus of one full story in height. Any such increase will be granted as of right and will not require review by the Board of Zoning Appeals of the Ithaca Landmarks Preservation Commission. (3) Any Affordable Housing Development, as defined in this ordinance, that is located in a zone for which Design Standards have been published by the City of Ithaca and that has been determined by the Director of Planning and Development to be in compliance with those Design Standards, shall be exempt from site plan review. Environmental review requirements continue to apply. Except as noted above, all aspects of any Affordable Housing Development remain subject to the normal review and approval requirements of the BZA, the Ithaca Landmarks Preservation Commission, the Planning Board, and of all other applicable City Boards, Commissions, and Departments. Section 4. Cash Payment in Lieu of Housing Units A. The applicant may elect to make a cash payment in lieu of constructing some or all of the Affordable Housing Units required for the project to constitute an Affordable Housing Development. B. The City of Ithaca Common Council shall establish the in-lieu per-unit cash payment on written recommendation by the Director of Planning and Development and adopt it as part of the City of Ithaca’s schedule of fees. The per-unit amount shall be based on an estimate of the amount of local government subsidy required to create one new Affordable Housing Unit when other public funding and/or Low Income Housing Tax Credits are leveraged. The initial amount of this fee is $100,000 per unit. At least once every three years, the Common Council shall, with the written recommendation of the Director of Planning and Development, review the per-unit payment and amend the schedule of fees as needed to reflect changes in the cost of construction within the City of Ithaca. C. For the purposes of determining the total in-lieu payment, the per-unit amount established by the Common Council pursuant to paragraph (1) above shall be multiplied by the greater of one or 20 percent of the number of units proposed in the development. For the purposes of such calculation, if 20 percent of the number of proposed units results in a fraction, the fraction shall not be rounded up or down. If the cash payment is in lieu of providing less than the full number of required Affordable Housing Units, the calculation shall be prorated. D. The full in-lieu cash payment must be received by the City prior to issuance of a building permit for the project. E. All in-lieu cash payments received pursuant to this ordinance shall be deposited directly into the Affordable Housing Trust Fund established pursuant to Section 10 below, and will be used to Approved at the April 13, 2016 PEDC Meeting support the construction of Affordable Housing Units within the City. Section 5. Provision of Affordable Units Off-Site A. Applicants may elect to provide all, or a portion of, the required number of Affordable Housing Units off-site, provided the proposed location of the off-site units is within one half mile of the Affordable Housing Development. B. The provision of off-site units may be accomplished by the construction of new units, or by the conversion of existing market-rate rental units to Affordable Housing Units. In either case, the off-site units must be, or must be renovated to be, comparable in size, type, and quality to the market-rate units in the Affordable Housing Development. C. If the applicant elects to provide the required Affordable Housing Units by the conversion of existing market-rate rental units, the applicant will be required to provide a third party Capital Needs Assessment, and to capitalize, and make annual contributions to, an appropriate replacement reserve to ensure the long-term availability and quality of the existing units. D. No Certificate of Occupancy will be issued for the Affordable Housing Development until the construction or renovation of all off-site units has been completed and a Certificate of Affordable Housing Compliance has been issued. Section 6. Criteria for Integration and Character of Affordable Housing Units A. An Affordable Housing Development shall comply with the following criteria: (1) In the case of on-site development of Affordable Housing Units in an Affordable Housing Development, those units shall be mixed with, and not clustered together or segregated in any way from, market-rate units. (2) If the Affordable Housing Development Plan, described in Section 7 below, contains a phasing plan, the phasing plan shall provide for the development of Affordable Housing Units concurrently with the market-rate units. No phasing plan shall provide that the Affordable Housing Units are the last units built in an Affordable Housing Development. (3) The exterior appearance of Affordable Housing Units in an Affordable Housing Development shall be made similar to market-rate units by the provision of building materials and finishes substantially the same in type and quality. (4) The floor area of a typical Affordable Housing Unit in an Affordable Housing Approved at the April 13, 2016 PEDC Meeting Development must be no less than 80% of the floor area of a typical market-rate unit of the same type. The bedroom mix for Affordable Housing Units must be comparable to the bedroom mix of market-rate units within the Affordable Housing Development. Section 7. Application and Affordable Housing Development Plan A. Applicants to develop an Affordable Housing Development pursuant to this ordinance shall complete and file an application on the prescribed form with the Department of Planning, Building, Zoning, and Economic Development. The application shall require such information on the nature and the scope of the development as the City of Ithaca may determine is necessary to properly evaluate the proposal. B. As part of the application required above, the applicant shall provide to the City of Ithaca an Affordable Housing Development Plan. This plan shall be subject to approval by the City of Ithaca and shall be incorporated into the Affordable Housing Development Agreement pursuant to Section 8 below. An Affordable Housing Development Plan is not required for developments in which the affordable housing obligation is satisfied by a cash payment in lieu of construction of Affordable Housing Units. The Affordable Housing Development Plan shall contain, at a minimum, the following information concerning the development: (1) A general description of the development, including whether the development will contain units for rent or for sale (2) The total number of market-rate units and Affordable Housing Units (3) The number of bedrooms in each market-rate unit and each Affordable Housing Unit (4) The square footage of each market-rate unit and of each Affordable Housing Unit measured from the interior walls of the unit and including heated and unheated areas (5) The location in the development of each market-rate and Affordable Housing Unit, or the proposed off-site location of the Affordable Housing Units if the off-site option is selected (6) If construction of dwelling units is to be phased, a phasing plan stating the number of market- rate and Affordable Housing Units in each phase (7) The estimated monthly rent of each market-rate unit and each Affordable Housing Unit (8) Documentation and plans regarding the exterior appearance, materials, and finishes of the Affordable Housing Development and each of its individual units, including a third party Capital Approved at the April 13, 2016 PEDC Meeting Needs Assessment for any off-site market-rate rental units proposed for conversion to Affordable Housing Units (9) The marketing plan that the applicant proposes to implement to promote the sale or rental of the Affordable Housing Units to eligible households (10) If the applicant intends to partner with another agency or organization for the management of the Affordable Housing Units, a letter of intent from this partnering organization must be attached Section 8. Affordable Housing Development Agreement A. Prior to the issuance of a building permit for any units in an Affordable Housing Development, the applicant shall enter into an Affordable Housing Development Agreement with the City of Ithaca. The development agreement shall set forth the commitments and obligations of the City and the applicant, including, as necessary, cash in-lieu payments and replacement reserve requirements for any off-site conversion units, and shall incorporate, among other things, the approved Affordable Housing Plan. B. The applicant shall execute any and all documents deemed necessary by the City in a form to be established by the City Attorney, including, without limitation, restrictive covenants, deed restrictions, and related instruments (including income qualification requirements for tenants of for-rent units) to ensure the continued affordability of the Affordable Housing Units in accordance with this ordinance. C. Restrictive covenants or deed restrictions required for Affordable Housing Units shall specify that the title to the subject property may be transferred only with the written approval of the Director of Planning and Development, which approval may not be withheld unless the proposed transfer would result in a violation of the affordability requirements of this ordinance. Section 9. Enforcement of Affordable Housing Development Agreement; Affordability Controls A. The Director of Planning and Development shall promulgate rules as necessary to implement this ordinance. B. No Certificate of Occupancy or Certificate of Compliance for any unit in an Affordable Housing Development shall be granted unless and until a Certificate of Affordable Housing Compliance has been issued by the Department of Planning, Building, Zoning, and Economic Development. C. On an annual basis, the Director of Planning and Development shall publish or make available Approved at the April 13, 2016 PEDC Meeting copies of the U.S. Department of Housing and Urban Development family income limits and HOME rental limits applicable to affordable housing within the local government’s jurisdiction. D. For all sales of for-sale Affordable Housing Units, the parties to the transaction shall execute and record such documentation as required by the Affordable Housing Development Agreement. Such documentation shall include the provisions of this ordinance and shall provide, at a minimum, each of the following: (1) That the affordable housing unit be sold to and occupied by eligible households for a period of 15 years from the date of conveyance of the property. Eligible households must have gross incomes that do not exceed 80 percent of the Median Family Income for households of the same size within the Ithaca Metropolitan Statistical Area. (2) That the Affordable Housing Unit must be conveyed subject to restrictions that shall maintain the affordability of such Affordable Housing Units for eligible households. (3) That should the property be sold prior to completion of the 15-year affordability period, the affordability period shall re-set and a new 15-year term, also subject to this same re-set provision, shall commence. (4) That during the period of affordability, the maximum resale price of any for-sale affordable unit shall be calculated using the worksheet below. The unit must be sold to an income-qualified household. 1. Homeowner's Purchase Price $ 2. Initial Appraised Value $ 3. Percentage of Homeowner's Purchase Price to initial Appraised Value (Divide line 1 by line 2) 4. Homebuyer's Initial Ownership Interest: (multiply line 2 by line 3) $ 5. Appraised Value at time of resale $ 6. Homeowner's Ownership Interest at Resale: (multiply line 5 by line 3) $ 7. Preliminary increase in homeowner's ownership interest : (subtract line 4 from line 6) $ 8. Capital Improvement Credit (see below) $ 9. Final increase in homeowner's ownership interest: (subtract line 8 from line 7; if negative, enter 0) $ 10. Maximum annual amount of homeowner's ownership interest: (multiply line 4 by .02 or 2%) $ Approved at the April 13, 2016 PEDC Meeting 11. Homeowner's Maximum Share of Increase in Ownership Interest: (Multiply line 10 by the number of years that the homeowner owned the home, using the decimal .08 to represent each full month of an incomplete year) $ 12. Maximum Resale Price: (add lines 1, 8, and the lesser of lines 9 and 11) $ 13 Homeowner's Share of Appreciation at Sale: (subtract line 4 from line 12) $ (a) The Capital Improvement Credit shall be capped at the lesser of the difference between the pre-construction appraised value and the post-construction appraised value of the dwelling, and the maximum amount that can be added to the chart above while allowing the resale to remain affordable to an eligible purchaser, in compliance with the affordability requirements of this ordinance. E. In the case of for-rent Affordable Housing Units, the owner of the Affordable Housing Development shall execute and record such documents as required by the Affordable Housing Development Agreement. Such documents shall include the provisions of this ordinance and shall provide, at a minimum, each of the following: (1) The Affordable Housing Units shall be leased to and occupied by eligible households. Eligible households must have gross incomes that do not exceed either 60 percent or 50 percent (as specified in the Affordable Housing Development Agreement) of the Median Family Income for households of the same size within the Ithaca Metropolitan Statistical Area. (2) Households comprised solely of full-time students do not qualify as eligible households with the following exceptions: at least one member of the household receives assistance under Title IV of the Social Security Act; or at least one member is enrolled in a job training program receiving assistance under the Work Force Investment Act or another similar federal, state, or local program; or the household includes at least one single parent with minor children; or all adult members of the household are married and can file joint tax returns; or at least one member of the household has exited the foster care system. (3) The Affordable Housing Units shall be leased at a rate such that the combined cost of rent and utilities does not exceed either the High HOME Rent or the Low HOME Rent (as specified in the Affordable Housing Development Agreement) for a period of 50 years from the date of the initial Certificate of Occupancy. (4) Subleasing of Affordable Housing Units shall be prohibited without the express written consent of the Director of Planning and Development, which consent may not be withheld unless the proposed sub-lease would result in a violation of the affordability requirements of this ordinance. Approved at the April 13, 2016 PEDC Meeting F. The applicant or his or her agent shall manage and operate the Affordable Housing Development and shall submit an annual report to the City of Ithaca identifying which units in the Affordable Housing Development are Affordable Housing Units, the combined monthly rent and utilities cost, or sales cost, for each unit in the development, vacancy information for the prior year, monthly income for tenants of each for-rent Affordable Housing Unit, and other information as may be required by the City of Ithaca while ensuring the privacy of the tenants. The annual report shall contain information sufficient to determine whether tenants of for-rent units qualify as eligible households and whether for-sale units are affordable to, have been sold to, and are occupied by, eligible households. Section 10. Penalties for Non-compliance A. The City of Ithaca or its designee will audit each Affordable Housing Development annually for compliance with the approved Affordable Housing Development Agreement. B. Should the annual audit reveal non-compliance with the approved Affordable Housing Development Agreement, the applicant will immediately remedy the non-compliance as follows: (1) In the case of for-rent housing units, the project owner shall convert to an Affordable Housing Unit the first market-rate unit in the Affordable Housing Development that becomes vacant after discovery of the non-compliance. Should the property owner repeatedly be found in non-compliance, the City of Ithaca may require, at its sole option, that the property owner pay the applicable cash in-lieu payment that would have been required for the project, plus interest at the current federal short term interest rate plus 3%, accruing from the date of initial non-compliance. (2) In the case of for-sale housing that is initially sold to an ineligible buyer, the applicant will pay the applicable cash in-lieu payment that would have been required for the project, plus interest at a rate of the current federal short term interest rate plus 3%, accruing from the date of approval of the Affordable Housing Development Plan. (3) In the case of for-sale housing that is sold by an income eligible owner to an ineligible buyer, the seller will pay to the City of Ithaca the difference between the net proceeds of the sale, as evidenced by the closing statement, and the Maximum Resale Price calculated using the worksheet in Section 9.D.(4) above. These funds will be deposited into the Affordable Housing Trust Fund created pursuant to Section 10 of this ordinance. (4) In the case of for-sale housing that is leased to another household in the absence of an approved Hardship Exemption pursuant to Section 10.C. below, or is otherwise utilized in a manner not consistent with the requirements of this ordinance, the violation shall be deemed an offense and shall Approved at the April 13, 2016 PEDC Meeting be punishable as provided in Chapter 1 of the Municipal Code, General Provisions, Article 1. Each day’s continued breach shall constitute a separate additional violation. In addition, the City shall have such other remedies as are provided by law to enforce the provisions of this ordinance. C. Hardship Exemption for For-sale Units The income-eligible purchaser of an affordable for-sale unit must occupy the property as their principal residence. A one-time per owner exemption to this requirement, allowing the unit to be leased, under certain circumstances, to another household whose income does not exceed 80% of the Area Median Family Income, and at a rate such that combined rent and utility costs will not exceed 30% of the gross family income. These circumstances include: (1) Job or military transfer more than sixty (60) miles outside Ithaca city limits (2) Divorce resulting in an inability to pay the mortgage (3) Job loss as a result of firing or layoff (4) Major illness within the household resulting in financial hardship (5) Relocation to obtain medical care outside the Ithaca area (6) Inability to sell after good faith marketing effort All hardship exemption requests must be supported by appropriate documentation and will be granted solely at the discretion of the Director of Planning and Development. Section 10. Affordable Housing Trust Fund All funds generated as a result of activities under this ordinance will be deposited into the Affordable Housing Trust Fund created pursuant to Chapter 62 of the Municipal Code and will be used to stimulate and support the development of affordable housing in the City of Ithaca. Approved at the April 13, 2016 PEDC Meeting c) Waterfowl Ordinance An Ordinance to Amend the Municipal Code of The City Of Ithaca, Chapter 164, Entitled “Dogs and Other Animals” To Prohibit the Feeding of Waterfowl on City Property Alderperson Brock asked whether the police department is aware that they are on board with it. Alderperson Martell stated she would connect with the police department, and JoAnn Cornish will look into whether the proposed ordinance was seen by the city attorney. Alderperson Kerslick asked for a definition of hazing. Alderperson Martell stated that hazing would include trained border collies that are trained to scare the geese off the field. Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed unanimously. WHEREAS, the City has been struggling with considerable human-wildlife conflict resulting from a burgeoning geese population on habitable lands, and WHEREAS, the conflict between people and waterfowl is particularly pronounced on the City’s playing fields and parklands where people like to recreate, and WHEREAS, feeding of waterfowl contributes to the concentration of such birds in areas frequented by the public by encouraging birds to congregate for food, and WHEREAS, feeding of waterfowl can be detrimental to their health as waterfowl can suffer from nutritional disorders, such as calcium deficiencies and bone disease, as a result of the poor quality of food like bread and corn that is typically fed to geese in public settings, and WHEREAS, feeding of waterfowl causes behavioral changes in the geese by decreasing their fear of humans and encouraging to remain in locations where public feeding is taking place, and WHEREAS, the concentration of waterfowl can be destructive to lawns and can interfere with the planned use of parklands, and the resultant quantities of feces can create public health concerns and reduce the aesthetic and recreational value of parks and other public property; now, therefore, Approved at the April 13, 2016 PEDC Meeting ORDINANCE NO. ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 164 of the Municipal Code of the City of Ithaca be amended as follows: Section 1. Chapter 164 of the Municipal Code is hereby amended to add a new Article to be inserted as Article III, Waterfowl. Section 2. Chapter 164, Article III is hereby amended to read as follows: Article 3: Waterfowl §164-21 Applicability. This article shall apply to all areas of the City of Ithaca. §164-22 Definitions. As used in this article, the following words shall have the meanings indicated: WATERFOWL Members of any and all species of wild and domestic aquatic birds, including but not limited to ducks, geese, and swan. §164-23 Feeding prohibited. It shall be unlawful to provide feed, including, but not limited to, bread, corn, and other grains, to any waterfowl on public property. It shall be unlawful to provide feed, including, but not limited to, bread, corn, and other grains, to any waterfowl on private property without the prior approval of the owner of such property. §164-24 Enforcement; appearance ticket. All police officers in the City shall administer and enforce the provisions of this article and for such purpose shall have the authority to issue appearance tickets. §164-25 Penalties for offenses. Except as provided in the Agriculture and Markets Law, a violation of this article constitutes a civil offense punishable in accordance with §1-1 of the City of Ithaca Municipal Code. These penalties shall be in addition to any other penalties provided by law. 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. Approved at the April 13, 2016 PEDC Meeting 7) Discussion a) Community Investment Incentive Tax Abatement Program (CIITAP) – next steps Alderperson Martell thanked Nels Bohn for the well-written memo outlining the status of this program. Alderperson Brock asked what happens when the developer applies for certain year abatement, but the project grows further than the application. Nels Bohn responded it would be the base plus the 1% of the project value. A meeting has been scheduled with a development group on March 18, 2016 as to how they feel this program will work. b) Backyard Chickens This was brought back to the Committee from last month removing the Building Division as the enforcement of the ordinance. It’s too much to ask of the building inspectors. It was decided that rather than a registration, it should be a permit. ORDINANCE __-2015 An Ordinance Amending Chapter 164 of the City of Ithaca Municipal Code WHEREAS, Chapter 164 of the City of Ithaca Municipal Code prohibits the keeping of chickens in the City, and; WHEREAS, the City has received requests from citizens to allow chickens in backyard coops and there is an active backyard chicken movement within the City, and; WHEREAS, chicken keeping is part of a larger sustainability trend to allow citizens to grow their own foods – including fruits, vegetables and honey production – by reducing barriers, which restrict local food production. These sustainability trends are congruent with the City’s Comprehensive Plan goals, such as support for our community gardens and active living initiatives, and; WHEREAS, the Common Council desires to enable the keeping of backyard chickens in the City; now therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Approved at the April 13, 2016 PEDC Meeting Section 1. Findings of Fact. The Common Council finds that backyard chickens, if properly maintained, can prove a positive initiative for the City, promoting food sustainability, increasing animal welfare and providing fresh eggs free from pesticides and chemicals, without presenting a nuisance to neighboring residents or properties. Section 2. Amendments to Section 164-2(B). Section 164-2(B) shall be amended to read as follows: Exception. This section shall not apply to the keeping of chickens to the extent authorized by Article III of this Chapter, nor to any educational, scientific or research institution maintaining, with adequate safeguards as to public health, safety, comfort and convenience, any animals or other creatures for scientific, medical or other research purposes. Section 3. Amendments to Section 164-4 Section 164-4 shall be amended to read as follows: Except as provided in the Agriculture and Markets Law, a violation of this article constitutes a civil offense punishable in accordance with § 1-1 of the City of Ithaca Municipal Code except that the unlawful keeping of chickens in the City shall be punishable as follows: (a) $250 for the first violation: (b) $500 for the second violation: and (c) $750 for the third or subsequent violation. These penalties shall be in addition to any other penalties provided by law. Section 4. Creation of Article III to Chapter 164 An Article III of Chapter 164 is hereby created as follows: Article III: Backyard Chickens 164-21: Definitions Lot: As defined in section C-73(C)(1) of the City Charter. Lot Square Footage: As defined in section C-73(C)(1) of the City Charter. Property Class Code: As defined in section C-73(C)(1) of the City Charter. Rear Yard: As defined in section 325-3 of the City Code. 164-22 Backyard Chickens The prohibition against keeping chickens in this Chapter shall, during a two-year pilot program that shall expire on May 1, 2018, not apply to up to twenty pilot applicants approved for the keeping of up to four female chickens (hens) per 3,000 Square Foot Lot while the animals are kept in such a manner that all requirements of this Article are satisfied. Commented [AL1]: Using PCC's here will be very exact--which is good--but recognize that various PCC-classified single- and two- family homes do house 3+ families (and perfectly legally so). Approved at the April 13, 2016 PEDC Meeting 164-23: Requirements for Keeping Chickens A. Chickens may only be kept on those Lots with a Property Class Code of 210, 215, 220, 240, 250, or substantially identical successor designations. B. Chickens may only be kept on those Lots possessing a Lot Square Footage of not less than 3,000 square feet. C. No chicken facility or any structure that houses chickens or any fenced pen area, either temporarily or permanently, shall be located within any of the following prohibited areas: 1. Within the setback requirements of the zone in which it is located; 2. Within twenty feet of any adjacent Lot’s residential principal structure or accessory structure that contains a residential unit, or within five feet of any principal structure on the Lot housing the chickens; and 3. Within five feet from any abutting residential property line, unless the adjacent owner agrees in writing to a lesser setback. D. Chickens may only be kept by a domiciliary of a dwelling unit located on the Lot on which the chickens are kept. E. Chickens must be kept in and confined in a properly designed and constructed coop or chicken house, or a fenced and covered enclosure that is at least 4 square feet per chicken in size, which additionally includes a run. Each covered coop and run combined shall be located in, and shall not cover more than 50% of, the Rear Yard of the Lot. F. It shall be unlawful for any person to allow hens to run at large upon the streets, alleys or other public places of the City, or upon the property of any other person. G. During daylight hours the adult chickens shall have access to the chicken coop and, weather permitting, shall have access to an outdoor enclosure on the subject property, adequately fenced to contain the chickens and to prevent access to the chickens by dogs and other predators. H. Chicken feed must be in rodent resistant and weather proof containers. I. A chicken coop, and the premises where the chicken coop is located, shall be maintained in a condition such that the facility or chickens do not produce noise or odor that creates a nuisance for adjoining Lots and the responsible domiciliary and the owner shall remove any odorous or unsanitary condition. The Lot owner shall be responsible for the repair on any adjoining Lot of any damage caused by the chickens, including but not limited to damage to dwellings, structures and yards, and shall be responsible for any unsafe condition. J. The person keeping the chickens shall abide by all Solid Waste Storage and Collection standards of the City's Exterior Property Maintenance Code, §331-7. K. Roosters and Guinea Fowl are expressly prohibited, regardless of the age or maturity of the bird. L. Pilot registration pursuant to Section 164-24 is required for the keeping of chickens. M. Approved pilot registrants must complete a seminar regarding the care of chickens in an urban environment from the Cornell Cooperative Extension Office, or similarly qualified organization acceptable to the Clerk’s Office. Commented [AL2]: Using PCC's here will be very exact--which is good--but recognize that note that various PCC-classified single- and two-family homes do house 3+multiple families (and perfectly legally so). Commented [AL3]: For definitions, see http://www.tax.ny.gov/research/property/assess/manuals/prclas.htm# residential. Commented [AL4]: This means it must be their primary residence… Approved at the April 13, 2016 PEDC Meeting 164-24: Pilot Registration Process and Parameters. A. No more than twenty pilot registrations for the keeping of chickens shall be approved under this Article III. B. Registration shall take place at the City of Ithaca Clerk’s Office upon submission of a $35 registration fee, and verification of a completed chicken-keeping seminar. C. The City Clerk may revoke registration for a specific site via written notice to the property owner when the City Clerk or designee finds, at his or her sole discretion, that any requirements of this Article are not met, a rebuttable presumption of which shall be created by (a) a record of three or more complaints to the Ithaca Police Department about a specific site’s chickens, (b) on the recommendation of Cornell Cooperative Extension, or (c) on the recommendation of the Ithaca Police Department. Upon revocation, the City Clerk shall notify the owner in writing of the same, in compliance with sub-section 164-25, and if the revocation stands, the owner must remove the hens from the property in coordination with such assistance as may be available from the Cornell Cooperative Extension Office, who may assist with rehoming them. D. The City Clerk and Police Department shall, at least three months prior to the expiration of the pilot program, report to a Committee of the Common Council on the status of the pilot program. E. Should the pilot program not be extended after the two -year period, Cornell Cooperative Extension Office may help rehome the hens in the program. 164-25: Remedies Not Exclusive. The remedies provided by this Article are cumulative and not mutually exclusive and are in addition to any other rights, remedies, and penalties available to the City under any other provision of law. A. Any chickens that are not kept as required in this Article shall be deemed a public nuisance and the owner or custodian shall be given thirty days to rectify the conditions creating the public nuisance. In any case in which the City intends to correct a violation of this chapter, including removing and confiscating any chickens present, and then bill the property owner for the correction of the violation, the City Clerk or his/her designee shall notify the owner of the property and, where relevant, the registered agent who has assumed responsibility as outlined in § 178-5 of this Code, in writing, of any violation of this chapter. B. Any notice required by this section shall be served in person or by mail to the address appearing on the City tax roll, requiring such person, within a time specified in such notice but in no event less than thirty days from the service or mailing thereof, to comply with this chapter and to abate the nuisance and, as appropriate, to remove the chickens. Such notice shall also state that the property owner may contest the finding of the City Clerk by making a written request to have a hearing on the matter held at the next regularly scheduled meeting of the Board of Public Works. C. Any request for such a hearing must be mailed and postmarked or personally delivered to the City Clerk within fourteen days of the service or mailing of notice, Approved at the April 13, 2016 PEDC Meeting and any such written request for a hearing shall automatically stay further enforcement concerning the alleged violation pending such hearing. The decision of the Board of Public Works, by majority vote, shall be binding, subject to any further judicial review available to either the City or the property owner. D. Upon the failure of a property owner to comply with the notice of violation of this chapter (or, alternatively, to request a hearing as aforesaid within the time limit stated in such notice, or upon a Board of Public Works’ determination, after such a hearing, that a violation exists), the City Clerk shall refer the matter, by memorandum, to the Superintendent of Public Works, who shall cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises, including a charge of 50% for supervision and administration. The minimum charge to the property owner for such work shall be $50. E. The City Chamberlain shall promptly present to the owner of any parcel so corrected a bill rendered for such services, as certified by the Superintendent of Public Works. If not paid within 30 days, the cost thereof shall be assessed against the property, added to its tax and become a lien thereon, collectible in the same manner as delinquent City taxes. Appeals from this section shall only be permitted if written notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing of the bill from the Chamberlain, and such appeals shall be taken to the Board of Public Works. Section 5. 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 portions of this Ordinance. Section 6. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. 8) Review and Approval of Minutes a) February 2016 – Moved by Alderperson Nguyen with suggested minor revisions; seconded by Alderperson Kerslick. Unanimously approved. 9) Adjournment Moved by Alderperson Kerslick; seconded by Alderperson Nguyen. Carried unanimously. The meeting was adjourned at 9:05 p.m.