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HomeMy WebLinkAbout03-08-17 Planning and Economic Development Committee Meeting AgendaPEDC Meeting  Planning and Economic Development Committee  Ithaca Common Council        DATE: March 8, 2017  TIME: 6:00 p.m.  3rd floor City Hall  Council Chambers         AGENDA ITEMS  Item Voting  Item?  Presenter(s) Time  Start  1) Call to Order/Agenda Review    2) Special Order of Business  a) Public Hearing – Habitat For Humanity,  For‐Sale Housing Construction, 402 South  Cayuga Street   b) Public Hearing – Temporary Mandatory  Planned Unit Development,  323  Taughannock Blvd    3) Public Comment and Response from  Committee Members    4) Updates, Announcements, Reports  a) Housing Strategy   b) Brewpub Legislation     5) Action Items (Voting to Send on to Council)  a) Habitat For Humanity For‐Sale Housing  Construction, 402 South Cayuga Street  b) Temporary Mandatory Planned Unit  Development – 323 Taughannock Blvd    6) Action items (Voting to Circulate)  a) Site‐Plan Review Ordinance Changes –  Tree Preservation and Maintenance      7) Review and Approval of Minutes  a) February 2017    8) Adjournment  No      Yes      Yes                No  No      Yes    Yes        Yes        Yes    Yes  Seph Murtagh, Chair                             Nels Bohn, IURA Director  Jennifer Kusznir, Senior Planner      Nels Bohn, IURA Director     Jennifer Kusznir, Senior Planner        JoAnn Cornish, Planning Director  Jeanne Grace, City Forester         6:00      6:05      6:10        6:15        6:20        6:30    6:45        7:10        7:30    8:00          If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274‐6570 by  12:00 noon on Tuesday, March 7, 2017.     Public Hearing Notice  City of Ithaca  2017 Action Plan Development  CDBG & HOME Programs  ― Public Hearings ―    The Ithaca Urban Renewal Agency (IURA) will hold the following two  Public Hearings:    8:30 A.M.‐12:00 P.M., THURSDAY, MARCH 16, 2017  Common Council Chambers, City Hall, 108 E. Green St., Ithaca, NY    8:30 A.M.‐12:00 P.M., THURSDAY, MARCH 23, 2017  Common Council Chambers, City Hall, 108 E. Green St., Ithaca, NY    These Public Hearings have been scheduled to review the City of  Ithaca’s 2017 Community Development Block Grant (CDBG) and Home  Investment Partnership Programs (HOME) Annual Action Plan. Both  hearings are intended to obtain views of citizens on the most critical  housing and non‐housing community needs and the activities to  address these needs. Eligible funding activities may include housing,  public facilities, public services, and economic development projects,  and must benefit the City of Ithaca’s low‐ and moderate‐income  population.    Written comments may also be submitted to the IURA, 108 E. Green  St., Ithaca, NY 14850.  Please submit all comments by 8:30 a.m., March  16, 2017.         The meeting location is fully accessible. If you have a disability and  require accommodation to fully participate, please contact the IURA  at 274‐6565 at least 48 business hours prior to the meeting.  Funding Proposals Received2017 HUD Entitlement Program, City of Ithaca, NYLast updated 3/3/17Funding Total# Sponsor Request Project CDBG HOME CDBG PI Total Summary DescriptionCost $661,371 $328,050 $160,000 $1,149,421Housing 1 Lakeview IthacaLakeview Health Services, Inc. $ 250,000 $ 20,081,186 -$ Construct 50 new affordable rental housing units, incuding 25 for Lakeview clients, at Court St./N. Meadow St.2 Chartwell HouseTompkins Community Action $ 208,270 $ 208,270 -$ Interior Rehabilitation of a 12-unit permanent supportive housing facility for homeless men at 322 N. Meadow St.3 2017 Homeowner RehabIthaca Neighborhood Housing Services, Inc. (INHS) $ 150,000 $ 210,202 -$ Rehabilitate 6 homes owned by LMI households4 402 S. Cayuga StreetHabitat for Humanity of Tompkins/Cortland Counties, Inc. $ 80,000 $ 270,000 -$ Construction of 2 owner-occupied homes for households at 60% AMI5 Housing Scholarship ProgramThe Learning Web, Inc. $ 65,592 $ 138,292 -$ Tenant-based rental assistance for 8 homeless youths receiving supportive services6 Security Deposit Assistance 2017-18Catholic Charities of Tompkins/Tioga $ 42,750 $ 50,603 -$ Security deposit for 77 low-income tenants, including 5 Housing for School Success participants (#23)7 Mini-Repair ProgramINHS $ 35,000 $ 93,736 -$ Small emergency repairs for 50 low-income seniors and people with disabilities $ 831,612 $ 21,052,289 Economic Development8 Hospitality Employment Training ProgramGreater Ithaca Activities Center, Inc. (GIAC) $ 115,036 $ 188,786 -$ Job readiness & training for 20 LMI persons, including job placement of 14 persons9 Ithaca ReUse Center ExpansionFinger Lakes ReUse, Inc. $ 100,000 $ 10,034,412 -$ Expansion of Ithaca ReUse Center creating 3 FTE jobs at 214 Elmira Rd.10 Harriet Gianellis Child Care CenterTompkins Community Action $ 84,200 $ 8,250,000 -$ Site acquisition/new construction of Early Head Start facility, creating 21 new FTE jobs at 661-665 Spencer Rd.11 Work Preserve Job Training: Job PlacementsHistoric Ihaca, Inc. $ 67,500 $ 159,856 -$ Job training resulting in job placement for 6 LMI persons12 Food Entrepreneurship ProgramCCE of Tompkins Co. $ 37,037 $ 80,533 -$ Develop 8 new food micro-enterprise businesses owned by LMI persons $ 403,773 $ 18,713,587 Public Facilities13 Urban Bus Stop Signage & Amenities UpgradeTCAT $ 112,772 $ 211,689 -$ Install 121 bus stop signs (citywide), 8 new bus shelters & 4 arrival predictor displays (LMI neighborhoods)14 DICC Heating & Roofing ReplacementDowntown Ithaca Children's Center (DICC) $ 64,800 $ 64,800 -$ Heating and roof repairs/replacement at daycare facility serving LMI children at 506 First St.15 Conley Park PavilionDaniel Krall $ 22,500 $ 35,000 -$ Erect a 24'x30' pavilion in Conley Park near new INHS playground in Adams St. $ 200,072 $ 311,489 Public Services16 Immigrant ServicesCatholic Charities $ 30,000 $ 78,795 -$ Case management for 100 immigrants to access employment, services, legal aid, etc17 Easy Access Low-Income CarsharingIthaca Carshare $ 29,043 $ 55,443 -$ Provide 50 LMI persons with subsidized carsharing memberships18 ReSET Job Training Program ApprenticeshipsFinger Lakes ReUse, Inc. $ 22,410 $ 74,700 In-depth on-the-job training for 12 LMI adults who have completed the entry-level job readiness/training program19 Work Preserve Job Training: Job ReadinessHistoric Ithaca, Inc. $ 20,000 see #11 above Job readiness training for 20 LMI youth and adults20 2-1-1/ I&R ServiceHuman Services Coalition (HSC) $ 20,000 $ 236,589 -$ Support for 2-1-1 Call Center referrals to 2,400 LMI persons21 A Place to Stay: Supportive ServicesCatholic Charities $ 20,000 $ 52,000 -$ Case management for 16 homeless women at transitional housing facility22 A+ Tuition AssistanceBJM Enrichment Program $ 17,410 $ 173,889 -$ Scholarships for 10 academically vulnerable BJM students to attend Academic Plus23 BB BS Northside Community OutreachIthaca Youth Bureau (IYB) $ 11,478 $ 19,170 -$ Education, recreation, and mentoring to 75 LMI youth, with focus on immigrant and refugee populations24 Housing for School Success: Year #2ICSD $ 13,280 $ 13,280 -$ Supportive services for 3-5 homeless families receiving Housing Choice Voucher assistance from IHA25 Security Deposit Assistance DeliveryCatholic Charities $ 6,930 $ 50,603 -$ Partial coverage of staff time to administer Security Deposit Assistance program (#6) $ 190,551 $ 754,469 Note: Total Funding for Public Services is capped at $99,205 (15% of CDBG award)Administration25 CDBG AdministrationIURA $ 132,274 $ 132,274 -$ Planning, administration and monitoring for the CDBG program26 HOME AdministrationIURA $ 32,805 $ 32,805 -$ Planning, administration and monitoring for the HOME program $ 165,079 $ 165,079 Totals: $ 1,981,638 $ 41,751,382 $ - $ - $ - $ - Minimum Required Set-Aside of HOME Funds for CHDO Activities (15%): $49,208Acronyms2017 Projects That Qualify As CHDO Set-Aside Eligible Projects: NoneLMI = Low & Moderate Income, which is 80% or less of AMI3-Year Rolling Average of CHDO Set-Aside Funded Activities: $245,641AMI = Area Median Income (Tompkins County)CHDO Set-Aside Compliance: YesFTE = Full Time Equivalent Prepared by Ithaca Urban Renewal AgencyPUBLIC FACILITIES SUBTOTAL:PUBLIC SERVICES SUBTOTAL:ADMINISTRATION SUBTOTAL:ASSUMED FUNDING AVAILABLEProjectECONOMIC DEVELOPMENT SUBTOTAL:HOUSING SUBTOTAL: Proposed Resolution  Planning & Economic Development Committee  March 8, 2017    Conveyance of 402 S. Cayuga Street to Habitat for Humanity – Declaration of Lead Agency      WHEREAS, the City of Ithaca Common Council is considering the proposed sale by the Ithaca  Urban Renewal Agency of vacant property located at 402 S. Cayuga Street, Ithaca, NY (tax map  #93.‐6‐7) to Habitat for Humanity of Tompkins and Cortland Counties, Inc., and    WHEREAS, the proposed sale of an approximately 8,000 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, Common Council approval is required for sale of IURA‐owned land; 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 402 S. Cayuga  Street, Ithaca, NY.         Proposed Resolution  Planning & Economic Development Committee  March 8, 2017    Conveyance of 402 S. Cayuga Street to Habitat for Humanity – Declaration of Lead  Agency      WHEREAS, the City of Ithaca Common Council is considering the proposed sale by the  Ithaca Urban Renewal Agency of vacant property located at 402 S. Cayuga Street, Ithaca,  NY (tax map #93.‐6‐7) to Habitat for Humanity of Tompkins and Cortland Counties, Inc.,  and    WHEREAS, 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 IURA‐owned property located at 402 S. Cayuga Street, Ithaca,  NY to Habitat for Humanity of Tompkins and Cortland Counties, Inc.  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.         j:\community development\dispositions\402 south cayuga street\resolutions\reso p&ed 707 e seneca st ‐ neg dec.doc  Proposed Resolution   Planning & Economic Development Committee  March 8, 2017    Conveyance of 402 S. Cayuga Street to Habitat for Humanity ‐ Action    Whereas, the Ithaca Urban Renewal Agency (IURA) is the owner of vacant real property located  at 402 South Cayuga Street (tax parcel # 93.‐6‐7), and    Whereas, Habitat for Humanity of Tompkins and Cortland Counties, Inc. (Habitat) seeks to  acquire 402 South Cayuga to develop new owner‐occupied housing to be sold to low‐income  homebuyers, and    Whereas, the IURA is authorized to dispose of property to a specific buyer at a negotiated price  if such buyer is designated as an eligible and qualified sponsor (Sponsor) to carry out an urban  renewal project pursuant to section 508 of General Municipal Law and the sale is approved by  Common Council following a public hearing, and    Whereas, on January 26, 2017, the IURA designated Habitat as a “qualified and eligible  sponsor” eligible to acquire 402 S. Cayuga Street for the purpose of undertaking an urban  renewal project to develop affordable for‐sale housing, and     Whereas, the IURA approved entering into a sales agreement for 402 S. Cayuga Street property  subject to Common Council approval and the following terms and conditions:    Seller:  Ithaca Urban Renewal Agency   Purchaser:  Habitat for Humanity of Tompkins and Cortland Counties, Inc.    Sales price:  $32,000.00   Outcome:  Development of at least 2 new owner‐occupied residences to be sold to  households earning no more than 80% of area median income   Contingencies:   1. Design – Approval of final floor plans and exterior design plans to reasonably  maximize accessible design and ensure compatibility with the neighborhood;  2. Project Financing – Submit proof of financing  and equity sufficient to construct  the project;  3. Site Plan – Submit proof of site plan approval; and  4. Building Permit – Submit proof of issuance of a building permit authorizing at  least two dwelling units, and     Whereas, a public hearing notice was published in the February 18, 2017 edition of the Ithaca  Journal disclosing the essential terms of the proposed sale and a public hearing was held on March  8, 2017, and    Whereas, environmental review on the proposed action has been completed, now, therefore be it   RESOLVED, that the City of Ithaca Common Council hereby approves the IURA‐proposed sales  agreement of property located at 402 S. Cayuga Street to Habitat For Humanity of Tompkins and  Cortland Counties, Inc. for the purpose of developing affordable for‐sale housing.          j:\community development\dispositions\402 south cayuga street\resolutions\reso pedc authorize sale of 402 s cayuga to habitat 3‐8‐17.doc  1 Ithaca Urban Renewal Agency SPONSOR APPLICATION FORM 402 S. Cayuga Street Property PART 1. APPLICANT INFORMATION Name of Applicant Habitat for Humanity of Tompkins and Cortland Counties X Corporation Year _1987_ State _NY_ Address PO Box 4683  Partnership Year __ State __ Ithaca, NY 14852  Sole Proprietorship Year __ State __ Contract Person Shannon MacCarrick  Limited Liability Company Year __ State __ Telephone: (607) 844-3529 FAX: ( ) none E-mail address: Shannon@tchabitat.com Tax ID #: 90-0238478 Nature of Business Non-profit; Developer and builder of affordable housing for qualified, income eligible, first-time homebuyers. Company Attorney TBD Accountant Jay Engels____ Firm Name Firm Name Engels Accounting Address Address 45 Atwater Road, Lansing, NY 14882 Telephone Telephone 607-533-1013 Company Officers Name Position Please see attached list of Board Members Company Principles (Shareholder/Members) Name % Interest Shannon MacCarrick, Executive Director 0% (attach additional listing as necessary) 2 Is the company current in all of its tax obligations? Yes _X_ No ___ Explain: Is the company delinquent in the payment of any loan? Yes __ No _X__ Explain: Has the company been declared in default on any of its loans? Yes ___ No __X_ Explain: Has the company ever filed for bankruptcy? Yes ___ No _X__ Explain: Have any of the company’s principles ever personally filed for bankruptcy or in any way sought protection from creditors? Yes ___ No __X_ Explain: Are there currently any unsatisfied judgements against the company? Yes ___ No _X__ Explain: Are there currently any unsatisfied judgements against any of the company’s principles? Yes ___ No _X__ Explain: Are any of the company’s principles or the company involved in any pending lawsuits? Yes ___ No __X_ Explain: PART 2. PROJECT INFORMATION Summary Project Description (program and physical description): We are proposing to purchase the vacant lot at 402 S Cayuga Street as a future build site for Habitat for Humanity homes. The lot would be divided into four smaller parcels, allowing each Habitat homeowner to purchase their own land and house. Each home would be sold to a family identified by Habitat, meeting our criteria of ability to pay, willingness to partner, and need for affordable housing. Please see attached for additional information. (attach additional information as necessary) Project Costs Sources of Funds Property Acquisition $32,000 Bank Construction $720,000 Equity/Cash $145,000 Machinery/Equipment $0 CHD Grant $160,000 Professional Fees $2,500 AHC Grant $140,000 Working Capital $45,000 HUD funding $120,000 _________________ Other grants, corporate sponsors, & individual donor contributions $234,500 TOTAL $799,500 TOTAL $799.500 4 PART 4. REQUIRED EXHIBITS Exhibit A – Company Background • A brief narrative describing the company’s history & current operations • A description of the company’s current operating facilities – both owned and leased • If a development project, identify members of development team including architect (if applicable) • A summary of the company’s current full and part-time employment Exhibit B – Project Information • Physical description of the proposed project, including any business or residential relocation which may result from the undertaking of the project (plans, elevations and conceptual renderings strongly encouraged) • Projected new full-time equivalent (FTE) permanent employment to be created by the project by job title and approximate annual salary/hourly rate • Projected changes in property tax revenues resulting from the project • Projected change in other municipal revenues resulting from the project • Other public benefits • Documentation of all project costs shown in Part 2 of this application (vendor quotes, negotiated sales prices, engineer’s or contractor’s estimates, etc.) • Summary of proposed project financing, including status of other loan applications and source of equity capital. Exhibit C – Financial Information • Financial statements of the company for the last three completed fiscal years or other information to verify financial capacity to complete the project • Documentation of other required financing including bank and other public lending agency commitment letters, bond inducements, and evidence of availability and commitment of cash equity requirements Exhibit D – Additional Information (as applicable) • For projects involving realty acquisition beyond the IURA parcel, evidence of site control or current ownership in the form of a binding option, sale agreement, deed, etc. PART 2. PROJECT INFORMATION Summary Project Description: (continued) We are proposing to purchase the vacant lot located at 402 S Cayuga Street, from the City of Ithaca, as a future build site for Habitat for Humanity homes. The lot would be divided into four smaller parcels, allowing each Habitat homeowner to purchase their own lot and house. Each home would be sold to a family identified by Habitat, meeting our criteria of ability to pay, willingness to partner, and need for affordable housing. What is unique about our proposal is not necessarily the construction homes but, the ability to construct four, owner-occupied units which will be sold to low-income (30%-60% AMI) families from our community. Further, Habitat utilizes volunteers to engage the community in our work, minimize construction labor expenses, and to serve as advocates for quality, affordable housing and the families who need it. We also partner with local and national gift-in-kind partners to keep our cash costs as low as possible – the combination of volunteer labor along with donated professional services and construction materials helps us focus our cash where we need it most. Lastly, Habitat has a unique house pricing model. We “back into“ the sales price of each of our homes based on the homeowner-to-be’s ability to pay. We guarantee our homeowners a 0% interest or 0% interest-equivalent, affordable mortgage (payments of 29% or less of monthly household income). Once we determine that first mortgage amount, we cover the gap between that value and the true value of the home with silent second mortgages (which are forgiven over time), or grant funding. Our commitment to affordability and ability to subsidize allow us to help deserving low-income families become homeowners when traditional banks and other lenders simply can’t make the numbers work. Although our mission isn’t easy, we truly believe that we build strength, stability and self-reliance through shelter, and that everyone, everywhere, should have a healthy, affordable place to call home. In addition to the rarity of buildable land in the City of Ithaca, the cost of land has long been prohibitive for us. We’ve learned that it’s more affordable to build in rural areas of Tompkins county and, for many years, we’ve quietly but diligently worked to house families in Groton, Lansing, Trumansburg, Dryden, etc. This said, we cannot ignore the increasing demand for affordable housing in Ithaca. Challenging as it may be, we realize that it’s time to rally our troops, rally our donors, and build where Tompkins County families need us most – right where they work and attend school – right in Ithaca. In addition to affordability, we promise safety, durability and quality to our homeowners. We exceed EnergySTAR standards, meet all local, state and Habitat codes and regulations, and seek out neighborhoods where our families will have safe and easy access to transportation, schools, work, and shopping. Our homes are simple but functional. Our proposed designs would mesh well with the existing housing in the area while maintaining their unique feature of affordability. Our tentative schedule for this project would be to purchase the property around June 2017, proceed throughout the remainder of the year to finalize architectural plans, and meet with the Planning and Zoning Boards to obtain the required variances. We would break ground around June of 2018 (after our Morris Ave/Third Street builds are complete). Construction would likely take us somewhat longer than usual, since we are accustom to building 1 or 2 units at a time, but not 4. This said, with ample volunteer support and solid construction management, we would likely complete the builds in 18-24 months. 1 Part 4 – Required Exhibits Exhibit A – Company Background  A brief narrative describing the company’s history & current operations  Habitat for Humanity of Tompkins and Cortland Counties has been building simple, decent, affordable homes in partnership with qualified local families since 1987. We have constructed 24 homes throughout Tompkins and Cortland to date, in addition to completing a number of small repair projects. Beginning as a grassroots, all-volunteer organization, we have transitioned to a staffed affiliate over the past 8 years. Our primary focus is constructing new housing, with the support of volunteer labor and donated goods and services, but we also do minor exterior repairs for low-income homeowners and are exploring the possibilities of rehabilitating existing housing stock. Habitat’s client base is families with household incomes of 30-60% of County AMI. W e offer 0% interest or 0% interest-equivalent mortgages and set our mortgage amounts based on the homebuyer’s income and ability to pay. Through the use of subsidizes and grant funding, we are able to sell our homes to families well below market rate and to guarantee long-term affordability.  Our current operations include a small staff (one FT Executive Director and two PT support staff) and construction of 1-3 homes each year. We build throughout both Tompkins and Cortland Counties and select qualified homebuyers from anywhere within that service area. In addition to building new homes, we also offer construction training opportunities for women and partner with area universities and schools to engage youth in our work.  A description of the company’s current operating facilities – both owned and leased  Habitat for Humanity of Tompkins and Cortland Counties rents a small office at 14 W Main St in Dryden, NY (our rent is donated, in exchange for the tax write-off). We also share a storage barn with the Varna Community Center, in Varna (again, no charge for rent).  Habitat does not currently own or lease any other operating facilities. We own one small parcel of land in Cortland that is up for sale (27 Kent Road), we are in the process of selling a 32 acre parcel of land near Salo Drive in Trumansburg to the Town of Ulysses (gifted to Habitat but not buildable), and we will soon own property at the corner of Morris Avenue and Third Street, in the City of Ithaca.  If a development project, identify members of development team including architect (if applicable)  Roberta Militello, M. Arch, LEED AP (BD+C)  Kathryn Connelly, Architect  George Frantz, AICP 2  Gary Bush, PE  A summary of the company’s current full and part-time employment  Shannon MacCarrick, Executive Director, Full-time  Elizabeth Warner, Family Services Coordinator, Part-time  Staci Rogers, Development Associate, Part-time  Construction Manager, Full-time, to be hired in February 2017 Exhibit B – Project Information  Physical description of the proposed project, including any business or residential relocation which may result from the undertaking of the project (plans, elevations and conceptual renderings strongly encouraged)  Our proposed project will include four, one-family dwellings (attached to one another by a party wall or walls), to be sold to qualified, low-income, first-time homebuyers. The dwellings will each be two stories tall and include front porches, as well as a side or back entry and off-street parking for one vehicle. No business or residential relocation will result from the project. Please also see attached plans.  Projected new full-time equivalent (FTE) permanent employment to be created by the project by job title and approximate annual salary/hourly rate  We do not anticipate creating any new FTE positions with this project but we are hiring a FT Construction Manager early this year, primarily to manage our Morris Avenue/Third Street builds. We plan to keep that staff position for these Cayuga Street builds and may hire an AmeriCorps or PT Volunteer Coordinator/Construction Assistant for this project. Approximate annual salary for Construction Manager is $40,000; salary for Volunteer Coordinator/Construction Assistant would be in the range of $9,000 - $18,000 (dependent upon whether we hire through the AmeriCorps program or not).  Projected changes in property tax revenues resulting from the project  Property tax revenues will increase as we transform what is currently a vacant lot into four new units of owner-occupied housing in the City of Ithaca. Despite the all too common belief that Habitat gives away houses, we do, in fact, sell our homes and each Habitat family is a contributing member of the tax base, just like their neighbors. We anticipate that each unit we build will be valued at approximately $180,000. Based on current tax rates, each unit would contribute approximately $2,100 to the annual tax base (City of Ithaca taxes only).  Projected change in other municipal revenues resulting from the project  Similar to tax revenues, Habitat homeowners would also add to municipal revenues (such as water and sewer), adding four new contributors to the existing base. 3  Other public benefits  The creation of four units of affordable housing in the City of Ithaca will help, even if only on a small scale, alleviate some of the existing and desperate need for more affordable, owner-occupied housing within the city limits.  Habitat utilizes volunteers to help build our homes; the construction of these units will expose dozens, if not hundreds, of community members to Habitat’s work and our mission to provide decent, affordable housing for low-income families that need it. By way of volunteering on a Habitat site, individuals become advocates for our cause and have an increased awareness of the need for affordable housing in our community. Our volunteers represent all ages and all walks of life but the experience that each of them has, working together and helping a fellow member of their community, is transformative. We’d like to think that Habitat is effective not only at engaging volunteers in construction, but in advocating for affordable housing and in caring for their community.  Some of our Habitat homebuyers are living in subsidized rental units or Section 8 housing before they purchase their Habitat home. Once our families move in, they “free up” a unit of rental housing for another family – a family which could be living in a sub-standard situation now, or may even be homeless. The process of building a Habitat home(s) not only creates a house for one family, but makes available their former rental unit for another.  The creation of four new units of housing means that four more families will be living, shopping, attending school, utilizing public transportation, and doing business in the City of Ithaca – all helping to keep our downtown vibrant.  Documentation of all project costs shown in Part 2 of this application (vendor quotes, negotiated sales prices, engineer’s or contractor’s estimates, etc.)  We do not yet have vendor quotes, negotiated sales prices or formal estimates for this project. The costs in Part 2 are based off of prior experience and previous builds. We will obtain estimates and quotes if and when this project becomes definite, and once our Morris Avenue/Third Street homes are underway. Requesting reduced pricing or gift-in-kind from vendors this far in advance, for example, is difficult to do. We typically need to secure those contributions, discounts and other commitments within the fiscal year that we’ll use them.  Summary of proposed project financing, including status of other loan applications and source of equity capital.  Please note, Habitat has never used a loan to cover construction expenses and we’ve utilized a line of credit on only a few occasions, to purchase land when we were waiting to receive checks from grant funders. Although we have not officially applied for any funding for this project, we anticipate that our project funding will include: 4  Equity/Cash, $100,000: From the sale of two homes at Morris Avenue/Third Street, in early 2018  CHD (Community Housing Development) Grant, $160,000: We have successfully secured CHD funds in the past and anticipate that by applying again (possibly over the course of two funding cycles), we could receive approximately $40,000 per unit to support this project.  AHC (NYS Affordable Housing Corporation) Grant, $140,000: Through a partnership with Habitat NYS, we have successfully applied for and received funds in the amount of $35,000 per build, for each unit that we construct, annually over the past 7 years. This funding commitment is stable and we anticipate that it will continue to be available to us through our proposed Cayuga St builds.  HUD Entitlement Grant Program, $100,000: We intend to apply for HUD funds to support this project, likely spread out over the course of two funding cycles. Our estimate is that we could request $25,000 (possibly more) per unit.  Other grants, corporate sponsors and individual donors, $189,500: Habitat has long sustained itself through the generosity of local donors, small grants, and business sponsorships. We regularly request financial support from a growing list of local individuals, who generously write checks or make monthly contributions to help fund our work. Each year, we approach a growing list of local businesses and corporations for event and house sponsorships; these contributions range from $500 - $10,000 each. Lastly, we have a long list of foundations and grantors whom we would approach to support our Cayuga Street builds. They include, but are not limited to: The Community Foundation, M&T Bank, Citizens Bank, JM MacDonald Foundation, The Park Foundation, The Legacy Foundation, Tompkins Charitable Gift Fund, the Federal Home Loan Bank, and others. Exhibit C – Financial Information  Financial statements of the company for the last three completed fiscal years or other information to verify financial capacity to complete the project  Financial statements attached  Please see “Supplemental Information” attachment for more detail on our financial stability and capacity  Documentation of other required financing including bank and other public lending agency commitment letters, bond inducements, and evidence of availability and commitment of cash equity requirements 5  At this time, we do not have any other public agency commitment letters for this project. Once applications become available and decisions are made, we anticipate funding from the Community Housing Development Fund, NYS Affordable Housing Corporation and the HUD Entitlement program. We will also apply for smaller grants, as listed above. The sale of two homes on Morris Avenue and Third Street (in 2018) will generate funds which will be put towards the construction of this project and we are currently in the process of selling a parcel of land in Trumansburg to the Town of Ulysses. That sale will produce $50,000 in un-designated funds, which we intend to set aside for the purchase of 402 S Cayuga St and initial development and design expenses. Exhibit D – Additional Information (as applicable)  For projects involving realty acquisition beyond the IURA parcel, evidence of site control or current ownership in the form of a binding option, sale agreement, deed, etc.  Not applicable North Elevation - Titus AvenueScale: 1 " = 12'South ElevationHabitat of Tompkins & Cortland CountiesDecember 8, 2016 TO: Planning and Economic Development Committee FROM: Jennifer Kusznir, Economic Development Planner DATE: March 6, 2017 RE: Temporary Mandatory Planned Unit Development for Rampart Real, LLC - 323 Taughannock Boulevard - Corrected Resolution The purpose of this memo is to provide information regarding the attached corrected resolution for approval in concept of the application for a Temporary Mandatory Planned Unit Development (TMPUD) from Rampart Real, LLC for a development project to be located at 323 Taughannock Boulevard. This application was previously discussed at the February Planning Committee Meeting. At that meeting the Planning Committee directed staff to circulate the proposal and hold a public information session. A public information session was held on February 27, 2017 and minutes from the meeting were included in your agenda packet. Unfortunately, after the public information session was held, it was discovered that while the meeting had been advertised in the paper and to other local media with the correct information, the post cards that were sent to property owners within 500 feet had an incorrect date listed. In order to ensure that there is adequate opportunity for the public to understand the proposed project, staff is working with the applicant to schedule and advertise a second public information session. In order to prevent a delay in the project schedule, staff recommends that the Planning Committee consider the project on the condition that the second public information session be held prior to the Common Council meeting to consider approval in concept of this project. Enclosed is an amended resolution to reflect this suggested course of action. Changes to the resolution are highlighted in yellow. If you have questions or require additional information, please feel free to contact me at jkusznir@cityofithaca.org. CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, & ECONOMIC DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 Draft Resolution Planning & Economic Development Committee March 2, 2017 Consideration of Common Council Conditional Approval for 323 Taughannock Boulevard Application for Temporary Mandatory Planned Unit Development (TMPUD) - Resolution 1. WHEREAS, on March 2, 2016, the Common Council adopted legislation establishing a Temporary Mandatory Planned Unit Development (TMPUD) for a period of 18 months in the Waterfront Study Area, and 2. WHEREAS, on January 16, 2017, Rampart Real, LLC submitted a completed TMPUD application, and 3. WHEREAS, the proposed project involves the subdivision of the parcel and the construction of 8 attached townhomes and 8 parking spaces, on a .242 acre lot on Inlet Island, and 4. WHEREAS, in accordance with the adopted City process for consideration of a planned unit development, the application was circulated to City boards and committees, as well as to the County Planning Department, and 5. WHEREAS, a public information session, hosted by the applicant, was held on February 27, 2017, and 6. WHEREAS, in accordance with the TMPUD adopted process, the meeting was advertised in the Ithaca Journal, signs were posted on the property, and property owners within 500 feet were notified by mail of the meeting, and 7. WHEREAS, a notice was posted in the Ithaca Journal on February 22, 2017, in order to advertise a legal public hearing to be held on March 8, 2017, and 8. WHEREAS, after the public information session was held, it was discovered that while the meeting had been advertised in the paper and to other local media with the correct information, the post cards that were sent to property owners within 500 feet had an incorrect date listed, and 9. WHEREAS, Planning Department staff is working with the applicant to schedule and publicize a second public information session to ensure that there is adequate opportunity for the public to understand the proposed project, and 10. WHEREAS, the second public information session will be held prior to the Common Council meeting to consider this project, and 11. WHEREAS, the process for consideration of an application for a Planned Unit Development requires that the applicant obtain an approval in concept from the Common Council prior to beginning the site plan review process, 12. WHEREAS, the Common Council has reviewed all of the comments that were received and discussed the proposal, and 13. WHEREAS, according to the City Comprehensive Plan future development in the waterfront area should include mixed uses , including commercial and housing, and should maintain access to the water, and 14. WHEREAS, the proposed project contains 16 residential housing units, 8 of which can be used as either studio apartments or rental office space, and maintains public access to the water, now therefore be it 1. RESOLVED, that the Common Council has reviewed the application for the Rampart Real, LLC Inlet Island project and has determined that it does comply with the goals of the City Comprehensive Plan, and therefore the Common Council does hereby grant an approval in concept to Rampart Real, LLC, and be it further 2. RESOLVED, that by granting an approval in concept, the Common Council acknowledges that the applicant is able to begin the site plan review process, despite any zoning-based deficiencies in the application, and, be it further 3. RESOLVED, that this approval in concept is being granted on the condition that a second public information session be held prior to the Common Council meeting to consider this project and property owners within 500 feet of the project be notified prior to the meeting, and, be it further 4. RESOLVED, that the Common Council does hereby request that the City Planning Board update the Common Council after each Planning Board meeting where this project is considered and to request ongoing written comments from the Common Council, and be it further 5. RESOLVED, that if this project receives a negative declaration of environmental significance and contingent site plan approval, the applicant will return to the Common Council for final consideration of the adoption of the Planned Unit Development district. 323 Taughannock Boulevard Project ― PUBLIC INFORMATION SESSION ― Meeting Minutes Monday, February 27, 2017 – 5:00 p.m. 2nd Floor Conference Room, City Hall, 108 E. Green St. This meeting was advertised in the Ithaca Journal on 02/18/17 and again on 02/27/17. It was also posted online on the Ithaca Journal website. Below is a copy of the media release that was distributed. ― MEDIA RELEASE ― City of Ithaca Temporary Mandatory Planned Unit Development (TMPUD) Public Information Session: Proposed Inlet Island Development Project Day: February 27, 2017 Time: 5:00 PM Place: 2nd Floor Conference Room, City Hall 108 E. Green St., Ithaca, New York On February 27, 2017, the City of Ithaca will hold a Public Information Session for a proposed project on Inlet Island. The Public Information Session will begin at 5:00 PM, in the 2nd Floor Conference Room in City Hall, 108 E. Green Street, Ithaca. In accordance with the requirements of the City of Ithaca Temporary Mandatory Planned Unit Development (TMPUD), the developer and project team will present information about the project and answer questions from the public. The proposed project involves the construction of 8 attached townhomes on Inlet Island, on a .242 acre lot. The townhomes will contain up to 2 dwelling units each for a maximum total of 16 units and 8 parking spaces. The applicant is proposing zoning for the site that is identical to the WF-2 Zoning District. For questions regarding this project, or to see the completed TMPUD application, please contact Jennifer Kusznir at jkusznir@cityofithaca.org, or 274-6550. Department of Planning, Building, Zoning, & Economic Development 108 E. Green St., Third Floor, City of Ithaca (City Hall) Ithaca, New York 14850 Office Hours: 8:30 a.m. - 4:30 p.m., M-F City of Ithaca Community Temporary Mandatory Planned Unit Development Zone (TMPUD) The City of Ithaca is committed to creating a work environment and community that values and supports diversity and inclusion  and to developing laws, policies and procedures that are mindful and inclusive of our diverse community.                         Attended by(Names taken from Sign in Sheet): JoAnn Cornish Jennifer Kusznir Steve Flash Noah Demerest Peter Dugo Ducson Nguyen Questions & Answers Applicable questions from attendees and developer responses are summarized below, but are not recorded verbatim. Nguyen Question: Project Team Response: Nguyen Question: Can you explain the barriers to making this project into owner occupied units? This project is being designed to have separate parcels for each unit, so that if there is demand in the future the units could be condo-ized. However, the price for developing the units is so high that it would require very high sale values. Will you be using green building practices and/or local labor? Project Team Response: Nguyen Question: Project Team Response: The applicant will be working with Benson Wood Panelizaton Company to have the panels assembled off- site. However, the structures will be assembled on-site with a local Tompkins County General Contractor. While the applicant does not intend to seek LEED ratings, they will employ many of the practices and would likely be eligible for LEED status. They do plan to seek Energy Star rating. How long is the construction period The construction period is expected to be between 8-12 months 9 I. Objective A Planned Unit Development (PUD) is a floating overlay zone, which may be placed within any industrial zoned property located within the City boundaries, if deemed appropriate by the Common Council. The purpose of the PUD is to encourage and allow more creative development of land than is possible under standard zoning district regulations. A PUD allows for flexibility in planning and design, while through the process of review and discussion, ensures efficient investment in public improvements, a more suitable environment, and protection of community interest. A PUD should be used only when long-term community benefits will be achieved through high quality development, including, but not limited to, reduced regional traffic demands, greater quality and quantity of public and/or private open space, community recreational amenities, needed housing types and/or mix, innovative designs; and for the protection and/or preservation of natural resources. It is intended to relate to both residential and nonresidential development, as well as mixed forms of development. There may be uses, now or in the future, which are not expressly permitted by the other terms of this chapter but which uses would not contravene the long range Comprehensive Plan objectives if they adhere to certain predetermined performance and design conditions. The PUD is intended to be used to enable these developments to occur even though they may not be specifically authorized by the City Zoning District Regulations. II. Requirements With the approval of the City Common Council, a PUD may be established in any industrially zoned parcel within the City boundary. The establishment of any such zone shall lie in the sole discretion of the City Common Council, as a legislative body. It shall be established by amending the Zoning Ordinance to permit such establishment. The enactment and establishment of such a zone shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such zone. In a PUD, buildings and land may be used for any lawful purpose permitted in the zone where it is located, plus any other uses which the Common Council may authorize upon findings that such additional uses:  Further the health and welfare of the community; and  Are in accordance with the City Comprehensive Plan The Planned Unit Development Zone is a floating zone, which is intended to allow flexibility in zoning regulations for projects that are found to be beneficial to the community and that are expected to further the goals of the City Comprehensive Plan. 2  Does the project create at least one long term community benefit All development restrictions, including, but not limited to, yard size, height restriction, building coverage, and lot size, shall be as set forth in the legislation rezoning the area to a PUD established by the City Common Council. In addition, the City Common Council may impose any conditions or limitations that are determined to be necessary or desirable to ensure that the development is in conformance with the City’s Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. No structure shall be erected or placed within a PUD, no building permit shall be issued for a building or structure within a PUD, and no existing building, structure or use in a PUD shall be changed, unless the proposed building and/or use is in accordance with a site plan approval. III. Application Process A developer proposing a project that does not conform to the existing zoning requirements may apply for a PUD to be placed on property under their control. The application process is as follows: 1. Staff/Developer Pre-Application Meeting. A developer seeking alternate zoning for their property must first contact the Department of Planning, Building, Zoning, and Economic Development for a pre-application meeting. Staff will explain the requirements, the application process, the timeline, and the fees associated with a PUD request. 2. Application Submission. The developer must submit a completed PUD application along with the required fee. The application must include a conceptual development plan and an explanation of the request for alternate zoning. The conceptual plan must include the proposed sizes of yards, maximum heights and stories of all proposed buildings, maximum lot coverage, adjacent uses and adjacent zoning. 3. Planning and Economic Development Committee. The Planning and Economic Development Committee of the Common Council will consider the application for completion and will schedule a public information session. The developer will be expected to be present at this meeting. The Planning and Economic Development Committee will authorize circulation of the proposal for review and comment from City Boards/Committees, the Tompkins County Planning Department, and any neighboring property owners within 500 feet of the proposed project Comments and concerns will be forwarded to the developer and to the Common Council for their consideration. 4. Public Information Session. Within 30 days of receiving a completed application the City will schedule a Public Information Session, at which the developer will be 3 responsible for presenting information about the project and answering questions from the public. The City will advertise the public information session with a press release to the local media. The developer is responsible for posting the property at least 5 days prior to the Public Information Session, with the date, time, and location of the meeting. 5. Committee Recommendation. Once the comments have been received the Planning and Economic Development Committee will consider the proposal along with the comments and will make a recommendation to the Common Council. The recommendation may include additional requirements or limitations to either mitigate undesirable impacts or to ensure that the development conforms to the goals of the City’s Comprehensive Plan. 6. Conditional Approval. The Common Council will consider the request and may pass a resolution granting a conditional approval subject to further site plan review approval and instructing staff to take the project through the environmental review process. 7. Site Plan Review Application—Applicant submits a site plan review application and begins the environmental review process 8. Declaration of Intent to Act as Lead Agency—Planning Board declares its intent to be the lead agency for the environmental review of the project and the PUD and notifies all other involved agencies, including the Common Council. 9. Common Council Involvement—As a part of the environmental review process for the project and the PUD, the Planning Board will update the Common Council after each Planning Board meeting where the project is considered and will request ongoing written comments from the Common Council. 10. Environmental Review/Site Plan Review—The Planning Board will be the lead agency for the environmental review and site plan review of the project. The project will undergo the normal site plan review process 11. Planning Committee Review and Circulation—Once the PUD legislation is in a draft form, the project will be presented to the Planning Committee and they will circulate the document for comments, hold a public hearing and then make a recommendation to the Common Council. 12. Common Council Consideration of the PUD—When the project has completed the environmental review process and received site plan approval, it 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. IV. Expiration A developer who receives PUD approval will have 24 months to begin construction of their project. If construction on the property has not been developed in accordance with the approved plan after 24 months, the PUD will automatically be revoked, unless otherwise stated by the Common Council, and the property will return to the previously approved zoning restrictions. In the case of extenuating circumstances the developer may apply to the Common Council for an extension of PUD approval. 4 If the site plan changes significantly, as determined by the Director of Planning and Development, it may require re-consideration by the Common Council. The Director of Planning and Development may determine that the changes are minor and do not require re-approval. V. Application and Processing Fees A developer wishing to apply for a PUD will pay a flat fee of $1,200.00 (twelve hundred dollars). This fee will cover all advertising costs, as well as staff processing time. The application fee is due at the time that the full application is submitted. 5 Part 1. – Applicant Information Application Date:____/____/_____ 1. Applicant Information Applicant Name(All principal owners of 15% or more must be listed): _______ ____________________________________________________________________ _____________________________________________________________________ Address:_______________________City:__________State:______Zip:________ Phone:___________________________Email:____________________________ Property Owner (If different from applicant):_______________________________________ Address:_________________________City:__________State:______Zip:______ Phone:___________________________Email:____________________________ 2. Property Information (Applicant must provide either proof of ownership or an owner’s authorization) Property Street Address: _____________________________________________ Tax Parcel Number: ________________________________________________ Legal description of Property: ________________________________________ Zoning District :______Area: ________Frontage: _____________ Current Uses: _____________________________________________________ 6 3. Project Information Project Name: _______________________________________________________ ________________________________________________________________________ Project Narrative and Summary of Community Benefits (attach additional sheets as needed): ________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Project Location:________________________________________________________ Property Size (acres) – both existing & proposed:_____________________________ Building Size (square feet) – both existing & proposed:_________________________ Proposed Project Start & Completion Dates:_________________________________ Approx. # of rental housing units:__________________________________________ Approx. # of for-sale housing units:_________________________________________ Approx. SF of office:_____________________________________________________ Approx. SF of retail/commercial:___________________________________________ Approx. SF of community/non-profit use:____________________________________ Approx. SF of light industrial/high-tech:_____________________________________ Approx. SF of industrial/manufacturing:_____________________________________ Approx. SF of other uses specify: ___________________________________________ Part 4. – Project Costs 7 Cost of New Construction:___________________ Value of Improvements:_____________________ Value of Equipment to Be Acquired:___________ Other:____________________________________ Total:____________________ Part 5. – Criteria and Potential Project Benefits Minimum Qualification Criteria A PUD can only be established if the following criteria are all determined to have been met:  Does the project further the health and welfare of the community; and  Is the project in accordance with the City Comprehensive Plan  Does the project create at least one long term community benefit  Is the property located in an area of the City currently zoned industrial PUD Approval Considerations In addition to meeting the minimum criteria, the following will also be considered when evaluating whether to grant a PUD for a proposed project: (1) Please demonstrate why this project can’t move forward under existing zoning. Why should a PUD be a desirable way to regulate development on this site? (2) Will the project provide for public access pedestrian linkages (active recreation)? (3) What are the heights of buildings in this project? How do building masses and locations compare to each other and to other structures in the vicinity? (4) Are there available and adequate transportation systems within the PUD for pedestrians, bicycles, and motor vehicles, including transit? What is the impact on the external transportation network? (5) What is the character of the neighborhood in which the PUD is being proposed? Are there safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general? 8 (6) How do the proposed open space and recreational systems function within the PUD and in relation to the City’s overall open space and recreational systems? (7) What is the general ability of the land to support the development, including such factors as slope, depth to bedrock, depth to water table and soil type? (8) What potential impacts are there on environmental, historical, and architectural resources? Does the proposed PUD serve to protect these resources? (9) What potential impacts are there on local government services? (10) Is there available and adequate water service? (11) Is there available and adequate sewer service? (12) Will the PUD provide several of the community benefits listed below that contribute to making the project a long-term asset for the community? Potential Community Benefits Resulting from the PUD Project (1) What will be the increase to the tax roll value of new real property? (2) How many FTE jobs will be created as a result of the project? Will the project result in job creation of positions that pay at least a living wage? (3) Will the project result in job creation of which at least 51% will be held by persons earning 80% or less of Area Median Income? (4) Will the applicant provide affordable housing at rents that do not exceed Fair Market Rents occupied by households earning no more than 80% of Area Median Income, adjusted for family size (must determine duration)? (5) Will the project fill vacant store fronts? (6) Will the project involve environmental remediation? (7) Is the project a historic preservation project (in accordance with the Secretary of Interior's standards)? (8) Will the project be assisting/contracting/renting to MWBEs? (9) Will the project provide free (reduced cost) community space in the project (for example to a 501c3 non-profit)? (10) Will the project produce large-scale alternative energy, local energy or combined heat/power that results in a significant reduction in greenhouse gas emission? (11) Will the project result in high tech job creation? (12) Does the project contain the redevelopment of a Brownfield site? (13) Will this project provide any other community wide benefits?   323 Taughannock Boulevard  City of Ithaca, New York   Revised Date: 01.18.2017    Project Description  The project involves the subdivision of the parcel and construction of 8 attached townhomes on Inlet Island, on a 0.242 acre  (10,542sf) lot. The townhomes will contain up to 2 dwelling units each for a maximum total of 16 units with up to 24 bedrooms  total.    Site Improvements  The site is currently occupied by a dilapidated vacant building. This building will be deconstructed (materials have already  been salvaged by Finger Lakes ReUse). The site will be fully redeveloped with the new building in conformance with the pre‐ existing WF‐2 requirements and the NYS building code.  The site improvements will also enhance the public’s waterfront  access.    Zoning Compliance  The site falls within the temporary Planned Unit Development (PUD) area and requires a PUD application. The project has  been designed to meet the previous WF‐2 district which has a 3000sf lot size minimum and 30’ lot width minimum for multi‐ family, and allows buildings to cover 100% of their lot. There was a no greenspace requirement. The height allowance was 63’  above grade plane. There were no setback requirements.    Under the WF‐2 zone the minimum floor to floor height was 12 feet from finished grade for the first floor, and upper floors  were required to be 10 feet floor to floor minimum. The proposed building is set approximately 2 feet above the existing grade  to be above the 100 year flood elevation but the floor to floor heights for all 3 floors is 10 feet due to the residential nature  of the building. The raising of the building by 2 feet with an elevated walkway and stoop provides the effective appearance of  a 12 foot tall ground floor.    8 parking spaces will be provided even though there was no off‐street parking requirement in the WF‐2 zone.     The proposed building will occupy a 10,542sf lot with 148.36’ frontage on Taughannock Blvd. It will cover 53.62% of the lot  (5,653sf). The proposed building will be 3 stories in height with a pitched roof and a building height of approximately 40’  above grade.     More details for the proposed PUD will need to be developed in coordination with the City planning department.    Program  The project proposes a total of 8 townhomes each of which have 2 units on the property. There are (8) 2‐bedroom, 2 bath  units occupying the 2nd and 3rd floors.  There are also 8 ground floor units, each with a separate entrance designed as a 1 bath  studio but can also be utilized as an office/live work area.    Stormwater  Because of the nature of the site as urban land, and its small size, there are no on‐site stormwater facilities proposed, pending  approval by the City’s Stormwater Officer. Although not required, we will consider best practices for stormwater management  prior to its entry into the storm sewer system.     Landscape  A planting plan will be developed to address the street edge, side and rear yards, such that these spaces are a lush experience  with interest throughout the seasons. All plantings will be selected to be naturally drought tolerant with no irrigation installed,  and manual watering only required during the period of initial plant establishment. Strong consideration will be given for  native or naturalized plants.   323 Taughannock Blvd ‐ 2 of 5      Site Lighting  Building mounted lighting will be installed at building entries to allow for safe access to the building and contribute to a  friendly night‐time streetscape. All light fixtures will be sharp cut‐off and dark‐sky compliant.     Utilities and Energy  The water, sewer and electricity usage will be typical of residential development in the City of Ithaca and the current systems  are more than capable of serving the new demand. Heating and cooling systems have not yet been designed but the goal is  to minimize the use of fossil fuel burning systems.     The project is pursuing net‐zero energy incentives through NYSERDA. Combined with the possibility of off‐site solar energy  there is an opportunity for a truly net‐zero project.    Site Photos      Figure 1: Existing building as seen from Taughannock Blvd. Figure 2: Google Earth view of site. 323 Taughannock Blvd ‐ 3 of 5      PUD Approval Considerations  The following are answers to the questions on the PUD application.    (1) Please demonstrate why this project can’t move forward under existing zoning. Why should a PUD be a desirable way to  regulate development on this site?  Answer: The Project meets all pre‐existing waterfront zoning requirements.    (2) Will the project provide for public access pedestrian linkages (active recreation)?  Answer: Yes. Access between buildings to waterfront promenade will be provided to the public with improve‐ ments.    (3) What are the heights of buildings in this project? How do building masses and locations compare to each other and to  other structures in the vicinity?  Answer: Less than 40’+/‐. Within pre‐existing zoning requirements and less than the Lehigh Valley House, The Sign  Works building, and Island Health and Fitness.    (4) Are there available and adequate transportation systems within the PUD for pedestrians, bicycles, and motor vehicles,  including transit? What is the impact on the external transportation network?  Answer: Yes. Providing housing within the walkable portions of the city has an overall net positive impact on trans‐ portation systems when compared to projects located in auto‐dependent areas.     (5) What is the character of the neighborhood in which the PUD is being proposed? Are there safeguards provided to minimize  possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general?  Answer: The existing character is waterfront commercial with no existing housing north of Taughannock Boule‐ vard. The project meets the stated goals of the Comprehensive Plan to increase opportunities for housing within  mixed‐use neighborhoods.      (6) How do the proposed open space and recreational systems function within the PUD and in relation to the City’s overall  open space and recreational systems?  323 Taughannock Blvd ‐ 4 of 5    Answer: The project enhances access to the Waterfront for both residents and the public.     (7) What is the general ability of the land to support the development, including such factors as slope, depth to bedrock,  depth to water table and soil type?  Answer: Despite poor soils and proximity to the water table the project is being engineered to support the pro‐ posed 3 stories on a wood pile system.    (8) What potential impacts are there on environmental, historical, and architectural resources? Does the proposed PUD serve  to protect these resources?  Answer: No negative impacts.  The project will enhance the architectural character of the island by drawing on cer‐ tain existing commercial, architectural and historical elements.     (9) What potential impacts are there on local government services?  Answer: No negative impacts on government services. The project will significantly increase the city tax base to  support existing government services.     (10) Is there available and adequate water service?  Answer: Yes    (11) Is there available and adequate sewer service?  Answer: Yes    (12) Will the PUD provide several of the community benefits listed below that contribute to making the project a long‐term  asset for the community?  Answer: Yes    Potential Community Benefits Resulting from the PUD Project    (1) What will be the increase to the tax roll value of new real property?   Answer: $2‐3 Million +/‐  (2) How many FTE jobs will be created as a result of the project? Will the project result in job creation of positions that pay at  least a living wage?  Answer: Zero anticipated but the live/work units may provide opportunities for jobs.    (3) Will the project result in job creation of which at least 51% will be held by persons earning 80% or less of Area Median  Income?  Answer: No    (4) Will the applicant provide affordable housing at rents that do not exceed Fair Market Rents occupied by households earning  no more than 80% of Area Median Income, adjusted for family size (must determine duration)?  Answer: No    (5) Will the project fill vacant store fronts?  Answer: Yes, in that the project replaces a long time vacant building with opportunities for live/work units.    (6) Will the project involve environmental remediation?  Answer: No    (7) Is the project a historic preservation project (in accordance with the Secretary of Interior's standards)?  Answer: No    (8) Will the project be assisting/contracting/renting to MWBEs?  Answer: Possibly    323 Taughannock Blvd ‐ 5 of 5    (9) Will the project provide free (reduced cost) community space in the project (for example to a 501c3 non‐profit)?  Answer: No    (10) Will the project produce large‐scale alternative energy, local energy or combined heat/power that results in a significant  reduction in greenhouse gas emission?  Answer: No    (11) Will the project result in high tech job creation?  Answer: No    (12) Does the project contain the redevelopment of a Brownfield site?  Answer: No    (13) Will this project provide any other community wide benefits?  Answer: The project creates housing to help meet the current demand and significantly increases the tax base.  It  also removes an eyesore vacant building and enhances the public’s waterfront experience.       PRELIMINARYNOT FOR CONSTRUCTION p: 607.216.8802 | WWW.STREAMCOLAB.COM©STREAM Collaborative Architecture + Landscape Architecture DPC  1" = 20'‐0"U:\2013032 ‐ 323 Taughannock Blvd ‐ Flash\8.0 DRAWINGS\8.3 REVIT\2013032 ‐ 323 Taughannock Blvd ‐ TOWNHOUSE.rvtA1.0SCHEMATIC SITE PLANDEC 7, 20162013032323 TAUGHANNOCK BLVDCITY OF ITHACA, NYRAMPART REAL, LLC NOTE:IMPROVEMENTS TO PUBLIC SPACES OUTSIDE THE PROPERTY BOUNDARIES NOT SHOWN.AREASUNIT A: 1608 SF + 645 SF STUDIO = 2253 SFUNIT B: 1384 SF + 514 SF STUDIO = 1898 SFPRELIMINARYNOT FOR CONSTRUCTION p: 607.216.8802 | WWW.STREAMCOLAB.COM©STREAM Collaborative Architecture + Landscape Architecture DPC  1" = 10'‐0"U:\2013032 ‐ 323 Taughannock Blvd ‐ Flash\8.0 DRAWINGS\8.3 REVIT\2013032 ‐ 323 Taughannock Blvd ‐ TOWNHOUSE.rvtA1.1SITE PLAN/FLOOR PLANSDEC 7, 20162013032323 TAUGHANNOCK BLVDCITY OF ITHACA, NYRAMPART REAL, LLC TO: Planning and Economic Development Committee FROM: JoAnn Cornish, Director of Planning and Development DATE: March 1, 2017 RE: Proposed Revisions to the City of Ithaca Site Plan Review Ordinance Pertaining to §276-7 B. Criteria for Tree Preservation, Plant Selection and Planting, Site Construction, Plant Materials and Maintenance Attached please find proposed revisions to the City of Ithaca Site Plan Review Ordinance pertaining to §276-7 B. Criteria for Tree Preservation, Plant Selection and Planting, Site Construction, Plant Materials and Maintenance as originally recommended by the City of Ithaca Shade Tree Advisory Commission. The reasons for the proposed changes is to mandate that private developers use best practices when adding landscape (trees and shrubs) to new developments. Current site plan review landscape guidelines are minimal, and lack the specifics necessary to ensure the health and survival of trees planted in the city right of way and on private property. Plantings are part of all approved site plans and are expected to be maintained throughout the life of the project. The aesthetics as well as the benefits of newly installed plant materials (screening, storm water management, energy conservation, air pollution reduction, shade, and cooling of the urban heat island) are critical to mitigating the negative impacts of development. These changes will benefit developers by informing them, at the beginning of the project, what is expected and will need to be a part of the contract documents and specifications for the project. Ultimately, it will save developers time and money as doing the planting correctly from the start will ensure that the landscaping for their project will remain in healthy and in compliance with their approved site plans. CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, & ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 Page 1 | 7 Prepared by J. Cornish, March 2, 2017 Existing Site Plan Review Ordinance with language highlighted in yellow that is to be removed and replaced with language highlighted in red font Chapter 276 SITE PLAN REVIEW GENERAL REFERENCES Design review — See Ch. 160. Environmental quality review — See Ch. 176. Fill, excavation and stockpiling — See Ch. 179. Flood damage prevention — See Ch. 186. Landmarks preservation — See Ch. 228. Stormwater management and erosion control — See Ch. 282. Subdivision of land — See Ch. 290. and sediment Zoning — See Ch. 325. § 276-1. Intent. No change § 276-2. Definitions. No change § 276-3. Applicability; exceptions. No change § 276-4. Other permits and approvals. No change § 276-5. Authorization to review site plans. No change § 276-6. Site plan review (SPR) procedures. No change § 276-7. Project review criteria. A. No change Yellow highlighted text below to be deleted. B. Criteria for plant materials and maintenance. All projects shall provide for adequate types and arrangements of landscaping, both to enhance the site and to complement the architectural components of the development and to screen or buffer adjacent uses in public ways. Use of invasive species should be avoided. Where possible and reasonable, trees shall be planted in an eight-foot tree lawn adjacent to the road. The City Forester shall, when appropriate, be consulted regarding specifications governing tree species, size, spacing and method and location of planting. Appropriate guaranties for tree health may be required. Where possible and reasonable, any trees greater than eight inches in diameter at breast height of desirable species and in good health and sound structure, as determined by the City Forester, should be retained on the site and protected during development per the requirements of § 306-7B of Chapter 306, Trees and Shrubs. (1) Deciduous trees shall have a caliper of at least 2 1/2 inches at breast height (dbh) at the time of planting. Size of evergreen trees and shrubs may vary depending on location and species. (2) All plant materials shall be installed to the following standards: (a) All planting beds to be excavated to a minimum depth of two feet.   Page 2 | 7 (b) Tree pits in lawn to be excavated to depth of root ball plus six inches and shall be three times the width of the root ball. (c) All trees in lawn areas to receive five-inch-diameter mulch rings. (d) Only nursery-grown plant materials shall be acceptable. All trees, shrubs and ground cover shall comply with applicable requirements of ANSI Z60.1, "American Standard for Nursery Stock." (e) No plants or trees shall be located beneath building overhangs. (f) Depending on site design and soil conditions, structural soil may be required under sidewalks and in planting beds contiguous to paved areas. The City Forester and/or the Director shall work with the applicant to determine the need for structural soil and the extent of its use. (3) Dead, dying and/or seriously damaged plant materials of the approved site plan shall be replaced, by the owner, within a reasonable time period during the current (or immediate next) planting season. Any other damaged or missing elements, including but not limited to fences, bollards, signs, shrubs, street furniture, etc., of the approved plan must be similarly replaced by the owner. This will ensure that landscaping remains in compliance with the final site plan as approved by the Planning and Development Board. (4) For projects on City property, the City Forester and the Shade Tree Advisory Committee shall be consulted in plant species selection and planting soil specification. (5) Notwithstanding any provision in this chapter or any other City ordinance or regulation to the contrary, an approved site plan may not be modified without express written approval of the Planning and Development Board except as approved by the Director of Planning and Development or designee as specified herein above. [Amended by Ord. No. 2013-15, effective 1-1-2014] C. Criteria for automobile parking areas. All parking areas shall be designed in conformance with § 325-20 of the City Ordinance. The Board may make such additional reasonable stipulations as it deems appropriate to carry out the intention of this chapter. (1) Parking areas in residential zoning districts. In order to protect the character of residential areas, plans for parking areas with the capacity of three or more cars within residential zoning districts must conform to either the setback compliance method or, at the discretion of the Planning Board, the landscaping compliance method described respectively in § 325-20E(5)(a) and (b). Such plans must also comply with all other general and specific standards of § 325-20. Where turnarounds, or other maneuvering spaces not required for access to parking spaces, are provided that meet minimum size for a parking space, they shall be counted as a parking space for the purposes of this subsection. (2) There shall be screening with a minimum five-foot-wide planting area or fences between a motor vehicle parking area and adjacent properties and public ways, except where there is motor vehicle parking that is shared by more than one property or where commercial properties abut. In such cases the Board may require landscaping as it deems appropriate. (3) In motor vehicle parking areas, a minimum of 12% of the interior ground area (i.e., excluding any peripheral planting area) shall be planting areas that include trees with a Page 3 of 7 potential mature height of at least 50 feet and a caliper of at least 2 1/2 inches at the time of planting. (4) Interior planting areas shall be a minimum of 80 square feet with no dimensions being less than eight feet. The planter shall be curbed and have a minimum three-foot-deep excavation. (5) Applicants are encouraged to design parking areas with pervious paving when feasible. Red text below to replace yellow highlighted text above. B. Criteria for plant materials and maintenance. All projects shall provide for adequate types and arrangements of landscaping, both to enhance the site and to complement the architectural components of the development and to screen or buffer adjacent uses in public ways. Additional information and guidelines are available in the City’s forestry master plan, Ithaca's Trees: Master Plan, Inventory & Arboriculture Guidelines for the Public Trees in the City of Ithaca New York (available at: http://www.cityofithaca.org/documentcenter/view/379. Appendix II of Ithaca’s Trees provides standard construction details relating to best practices for tree planting in the City. 1. Preservation of existing trees. Tree protection during construction shall be done in accordance with ANSI A300, Trees and Shrubs of Construction Management Standard Part 5 and the Best Management Practices Managing Trees During Construction, published by the International Society of Arboriculture. See also Ithaca’s Trees “Tree Protection during Construction” (pg. 7). a. Where possible and reasonable, any trees greater than eight inches in diameter at breast height of desirable species and in good health and sound structure, should be retained on the site and protected during development. b. A vegetation survey is required. The City Forester may review a pre-construction tree inventory if requested. The survey shall note the location of the trees, their species, diameter at 4.5’ above grade, and the critical root zone area (CRZ). The critical root zone shall be noted as a radius of 1’ for each diameter inch. All trees over 8” in diameter shall be inventoried. c. A tree preservation plan is required including a tree protection detail, during construction care (mulching, watering), and post construction monitoring and care. The tree preservation plan must show the location of utility work and the construction work zone where it may conflict with CRZ of preserved trees. Tree protection fences shall be made of either chain link or wood fence barriers. No plastic fencing will be allowed. d. The City Forester may review the plan and make comments on the proposed protection plan, and submit those comments for Site Plan Review. The City Forester shall approve the tree protection measures prior to the beginning of construction   Page 4 | 7 work for all city-owned trees. The City Forester may also visit the site during construction to ascertain that the tree protection plan is being implemented. 2. Planting site selection: a. For the planting of trees in the city right of way, the city forester shall be consulted regarding specifications governing tree species selection, size, spacing and method and location of planting. A Tree Work Permit is required for this work. b. Where it is practical to have a tree lawn, tree lawns must be no less than 6 feet wide, but preferably are 8 to 12 feet wide. c. Where practical, tree pits surrounded by pavement shall have a porous opening of at least 50 square feet (e.g. 6 feet by 8 feet, or 8 feet by 8 feet). d. Whenever possible street trees should not be planted:  within 20 feet from the corner of intersecting streets  within 35 feet in front of a stop sign  within 15 feet from hydrants  within 15 feet from a utility or street light pole  within 15 feet of a driveway or curb cut e. No tree or shrub is to be planted directly under or in competition with an existing large tree, or beneath building overhangs. f. Depending on site design and soil conditions, structural soil may be required under sidewalks and in planting areas contiguous to paved areas. The City Forester and/or the Director shall work with the applicant to determine the need for structural soil, its depth and extent of its use. See also Ithaca’s Trees Appendix II: “Structural Soil Break-out Zone from Narrow Tree Lawn to Adjacent Property”, “Typical Tree Planting Pit with Structural Soil along Sidewalk”, and “Typical Tree Planting Island in a Parking Lot with Structural Soil” g. All plants shall be planted in the appropriate season, generally spring or fall, in accordance with best practices. 3. Tree and shrub selection a. See also Ithaca’s Trees “Tree Selection” http://www.egovlink.com/public_documents300/ithaca/published_documents /Agendas/Board_of_Public_Works/2014/Forestry_Master_Plan.pdf Page 5 of 7 b. The City Forester and the Shade Tree Advisory Committee will be given the opportunity to comment on the tree species selection and planting soil specifications in accordance with §86-9, Relationship to other city boards and commissioners A and B. d. On main thoroughfares, large trees maturing at a height greater than 30 feet should be planted in all sites unless there are primary electric lines overhead. Where primary wires are present, trees maturing at a height of 30 feet or less should be planted. e. Medium-large trees (those taller than 30 feet at maturity) should be spaced no less than 30 feet apart, unless part of a dense screening planting, with a minimum of 720 cubic feet of soil (e.g. 60 feet by 6 feet by 2 feet =720 cubic feet) per tree, unless there is opportunity for the tree roots to grow into adjacent green space. f. Trees that mature at 30 feet tall or less should be spaced no less than 25 feet apart, unless part of a dense screening planting, with a minimum of 240 cubic feet of soil (e.g. 8 feet by 10 feet by 3 feet =240 cubic feet) per tree, unless there is opportunity for tree roots to grow into adjacent green space. g. When possible, small trees should have a mature shape and stature so that pedestrians may eventually walk under them. The following trees are suggested: Acer campestre, Acer miyabei, Acer truncatum, Carpinus caroliniana, Cotinus obovatus, Crataegus phaenopyrum, Gleditsia triacanthos ‘Imperial’, Koelreuteria paniculata, Prunus ‘Accolade’, Prunus sargentii Columnaris, Prunus ‘Snow Goose’, Robinia pseudoacacia “Bessoniana’ ,Sorbus alnifolia, Tilia cordatata ‘Halka’, Zelkova serrata ‘Wireless’ or ‘City Sprite’. h. Entrances and main thoroughfares should be planted in such a way as to create diversity with visual compatibility among trees. 4. Planting a. See also Ithaca’s Trees “Tree Planting”http://www.egovlink.com/public_documents300/ithaca/published_do cuments/Agendas/Board_of_Public_Works/2014/Forestry_Master_Plan.pdf b. In planting locations in the City right of way or on city owned land, where soil is determined to be unsuitable by the City Forester, suitable soil must be brought to the site. This imported soil must adhere to Ithaca’s Trees Appendix I: “Planting Soils Specification” (This may require replacing continuous lengths of tree lawn, where areas have had utility installations and compaction from construction vehicles or material storage. c. Specifications shall adhere to the American Nursery and Landscape Association ANSI Z60.1 nursery standards. See also Ithaca’s Trees Appendix I: “Nursery Stock Quality Guideline Specifications for Deciduous Street Trees” (.   Page 6 | 7 d. Deciduous trees shall have a caliper of at least 1 1/2 inches at breast height (dbh) at the time of planting. Size of evergreen trees and shrubs may vary depending on location and species. e. All plant materials shall be installed to the following standards:  All planting beds shall to be excavated to a minimum depth of two feet.  Tree pits in lawn to be excavated to depth of the root ball and shall be three times the width of the root ball in all directions.  All trees in lawn areas to receive a 3-inch deep covering of mulch, covering at least the extent of the root ball. Mulch must remain clear of the tree trunk.  All trees, shrubs and ground covers shall comply with applicable requirements of ANSI Z60.1, "American Standard for Nursery Stock." f. All newly planted trees should have irrigation bags, which are to be filled weekly during their first growing season. g. Dead, dying and/or seriously damaged plant materials of the approved site plan, shall be replaced by the owner, within a reasonable time period during the current (or immediate next) planting season. Any other damaged or missing elements, including but not limited to fences, bollards, signs, shrubs, street furniture, etc., of the approved plan must be similarly replaced by the owner. This will ensure that landscaping remains in compliance with the final site plan as approved by the Planning and Development Board. h. For areas in which a new tree lawn, tree pits or new planting areas are constructed, where previously none existed or there is removal of pavement the planting area will be excavated to a depth of 2 feet and replaced with suitable soil (Ithaca’s Trees Appendix I: “Planting Soils Specification” pg. 21). The width and length of the soil remediation must be adequate to reach the recommended soil volumes (Ithaca’s Trees “Appendix I: Soil Volume for Trees Surrounded by Pavement” pg. 29). This may require complete replacement of tree lawn soil. i. Appendix II of Ithaca’s Trees provides standard construction details relating to the best practices for tree planting in the City. Where feasible and applicable, these details should be incorporated into site designs: See the following URL for all graphic details. http://www.egovlink.com/public_documents300/ithaca/published_documents/Ag endas/Board_of_Public_Works/2014/Forestry_Master_Plan.pdf 5. Criteria for automobile parking areas. All parking areas shall be designed in conformance with §325-20 of the City Ordinance. The Board may make such additional reasonable stipulations as it deems appropriate to carry out the intention of this chapter. a. Parking areas in residential zoning districts. In order to protect the character of residential areas, plans for parking areas with the capacity of three or more cars Page 7 of 7 within residential zoning districts must conform to either the setback compliance method or, at the discretion of the Planning Board, the landscaping compliance method described respectively in § 325-20E(5)(a) and (b). Such plans must also comply with all other general and specific standards of § 325-20. Where turnarounds, or other maneuvering spaces not required for access to parking spaces, are provided that meet minimum size for a parking space, they shall be counted as a parking space for the purposes of this subsection. b. Screening of parking areas. Where possible, there should be screening with a minimum eight-foot-wide planting area or fence between a motor vehicle parking area and adjacent properties and public ways, except where there is motor vehicle parking that is shared by more than one property or where commercial properties abut. In such cases the Board may require landscaping as it deems appropriate. c. Internal plantings. In motor vehicle parking areas, a minimum of 25% of the interior ground area (i.e., excluding any peripheral planting area) shall be planting areas that include trees with a potential mature height of at least 50 feet and a caliper of at least 1 ½ inches at the time of planting. d. Interior planting areas must have a minimum 80 square feet of porous opening with no dimension being less than 8 feet. The planter must be curbed and have a minimum three-foot-deep excavation. e. Division of long rows of parking spaces. Where possible the parking lot design must incorporate planting areas so that there are no more than 10 continuous parking spaces between planting areas. f. Pervious paving. Applicants are encouraged to design parking areas with pervious paving when feasible. § 276-8. Fees. No change § 276-10. Expiration of approval; extension of approval. No change § 276-11. Enforcement; inspections; penalties for offenses. No change § 276-12. Appeals. No change § 276-13. Severability. No change City of Ithaca Planning & Economic Development Committee Wednesday, February 8, 2017 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Josephine Martell, Cynthia Brock, Rob Gearhart, and Steve Smith Committee Members Absent: None Other Elected Officials Attending: Mayor Svante Myrick (joined the meeting at 6:17 p.m.); Alderpersons Kerslick, McGonigal, and Nguyen. Staff Attending: Lisa Nicholas, Senior Planner; Jennifer Kusznir, Senior Planner; Megan Wilson, Senior Planner; Nels Bohn, Director, IURA; Deborah Grunder, Executive Assistant Others Attending: Steve Flash, Noah Demarest, Jean Grace, Phil Maguire, and Tom Schickel Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review No changes were made to the agenda. 2) Public Comment and Response from Committee Members Ben Brotman, 1 Johnson Street, commented on the importance of grain storage for a brewpub. Encourages the committee to allow outside storage, i.e. silo use. A silo will also reduce waste. Jamie Tielers, 4845 East Seneca Street, Trumansburg, also spoke on the importance of silo storage for brewpubs. Nina Bassuk, 1345 Mecklenburg Road, Chair, Shade Tree Advisory Committee. This committee would like to make their recommended changes to the site-plan review ordinance. Laurene Gilbert, Shade Tree Advisory Committee member and helped with the proposed changes in the site-plan ordinance. It is very important that trees are planted the correct way and in the correct place. These recommendations were written over two years ago, and it is not yet in the City code. Pamela Markham, 520 Chestnut Street, has lived in the same place for many years. She has seen a lot of development over the years – green space and trees have been removed. She would like to see the plants and/or trees that are chosen are the best for the area and would survive without complicating the developer’s plans. Debra Stanton, 105 Cascadilla Street, long time member of Ithaca and a long-time member of the Shade Tree Advisory Committee. She is concerned that we run the risk of becoming a concrete city. We need to handle trees already planted and development of new projects. The Committee is not trying to complicate the development process, but developers need the information necessary to plant which trees to survive. These are helpful specifics not yet in the Code. Beverly Hillman, 159 Ellis Hollows Road, has a shared relationship with the Shade Tree Advisory Committee and the Ithaca Garden Club. Things need to move along with best practices that have been talked about. Please let these best practices that have been sitting on one’s desk for two years be put into place. Mayor Myrick joined the meeting at 6:17 p.m. 3) Updates, Announcements, Reports a) Electric Cars Nick Goldsmith explained a new project underway of added new charging stations for electric car use within the City. Alderperson Kerslick asked whether Cornell is on board with this project. Goldsmith stated Cornell is already doing this and is on board. Alderperson Brock asked whether all the City garages will be included in this project. Goldsmith stated there hasn’t been a decision made as to where the charging stations will be, but he did think that at least one of the City downtown garages will house one of the charging stations. Alderperson Brock stated that many people she has talked to would like to see Wegmans be home of the one of the charging stations. 4) Action Items (Voting to send onto Council) a) Allowing Dogs in Stewart Park An Ordinance to Amend Chapter 336, Article II, “Stewart Park,” of the City Municipal Code to Allow Dogs in Portions of Stewart Park – Declaration of Lead Agency for Environmental Review Moved by Martell, seconded by Brock. Carried 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 ordinance 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 the 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 Chapter 336, Article II, “Stewart Park,” of the City Municipal Code. An Ordinance to Amend Chapter 336, Article II, “Stewart Park,” of the City Municipal Code to Allow Dogs in Portions of Stewart Park – Determination of Environmental Significance Moved by Alderperson Martell; seconded by Alderperson Brock. Carried unanimously. WHEREAS, the City of Ithaca is considering an amendment to Chapter 336, Article II of the Municipal Code to allow on-leash dogs in most areas of Stewart Park, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), dated February 2, 2017, and WHEREAS, the proposed ordinance has been distributed for public comment and has also been distributed for review by the City of Ithaca Conservation Advisory Council, the City of Ithaca Planning and Development Board, and City staff, 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 in the Short Environmental Assessment Form, dated February 2, 2017, 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. Alderperson Brock voiced her concern that dogs not be allowed in the Fuertes Bird Sanctuary or near the swan pond. She wants to make sure we will still allow a continuous trail throughout the area. A friendly amendment was made to limit dogs in the boathouse area in addition to the bird sanctuary and swan pond. Alderperson Kerslick stated that if the Cayuga Waterfront Trail has signage, the Stewart Park signage should be consistent. Rather than make changes to the ordinance, suggested changes can be enforced via signage. An Ordinance Amending Chapter 336, Article II, “Stewart Park,” of The Municipal Code Of The City Of Ithaca to Allow Dogs in Portions of Stewart Park Moved by Alderperson Martell; seconded by Alderperson Brock. Carried unanimously with recommended amendments. WHEREAS, Stewart Park is the only City park where dogs are not permitted, and this prohibition is often not adhered to and rarely enforced, and WHEREAS, the completion of the Cayuga Waterfront Trail has brought an increase in the number of dogs as more people travel through and visit the park with their pets, and WHEREAS, neither the City’s Parks Commission nor the Board of Public Works have received complaints about dogs in the park and both have recommended that the City amend the Municipal Code to allow dogs in the park, and WHEREAS, due to concerns about possible disruptions to Stewart Park’s bird population, dogs will not be allowed in the Fuertes Bird Sanctuary or around the Swan Pond; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: ORDINANCE NO. Section 1. Section 11, Dogs, of Chapter 336, Article II, Stewart Park is hereby amended to read as follows: Dogs shall be permitted in the park but shall not be permitted in the Fuertes Bird Sanctuary or within 100’ of the Swan Pond. This provision shall not apply to Seeing Eye dogs, service animals providing assistance to people with disabling conditions, and police working dogs. All dogs shall be restrained by an adequate collar and leash while in the park. Exception to these requirements are by permit only, which may be granted by the Superintendent of Public Works or his/her authorized agent. No dogs s hall be permitted in the park. This provision shall not apply to Seeing Eye dogs, service animals providing assistance to people with disabling conditions, and police working dogs. Exception to this prohibition is by permit only, which may be granted by the Superintendent of Public Works or his/her authorized agent. Section 2. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. b) Temporary Altar in Dewitt Park Resolution to Approve a Temporary Community Altar in DeWitt Park Moved by Alderperson Gearhart; seconded by Alderperson Martell. Carried unanimously. WHEREAS, the City has received a proposal from Christina Coleman and Charity Burger, on behalf of Your Art Club, to install a temporary community altar in DeWitt Park, and WHEREAS, as part of the project, individuals would be invited to place a meaningful object on the altar as a way for the community to gather, reflect, and remember, and WHEREAS, the Public Art Commission (PAC) reviewed the proposal in December 2016, and while the PAC did not provide a formal recommendation, they offered several questions for the project organizers to consider including the size and design of the altar, monitoring/curating of the installation, and removal of the altar at the conclusion of the event, and WHEREAS, at its meeting in early January, the Board of Public Works (BPW) was supportive of the installation, pending a recommendation from the Parks Commission, and will vote on the proposal at its meeting on February 13, 2017, and WHEREAS, in response to discussions at the PAC and BPW meetings, the project organizers made some changes to the original proposal, including daily monitoring of the installation and a tentative design, and WHEREAS, members of the Parks Commission were supportive of the proposed temporary community altar provided that the installation be limited to one month and that Your Art Club monitors the contributions to the altar as well as its condition daily, and WHEREAS, pursuant to City Code Chapter 170 “Use of City Real Property”, any nontransitory use of City parkland requires a license, and specifies that the use fee be waived for any minor encroachment; and WHEREAS, Section 170-5(G) vests in the Common Council sole authority to grant approval of any license to make nontransitory use of City parkland; and; now, therefore, be it RESOLVED, That Common Council finds that the proposed art installation constitutes a public recreation-related use of DeWitt Park and is not expected to significantly compromise the public’s ability to enjoy the park as intended; and be it further RESOLVED, That Common Council approves the installation of Your Art Club’s proposed community altar in DeWitt Park for a period not to exceed 30 days, and be it further RESOLVED, That Your Art Club may proceed with the installation upon the execution of an agreement with the City as reviewed by the City Attorney, with such agreement requiring the artists, on a daily basis, to clean-up and maintain the area surrounding the installation, and upon termination of the license period, to remove the altar and deliver the premises in as good order and condition as at commencement of the installation. Megan Gilbert stated the Public Art Commission has not made their recommendation yet. Parks Commission reviewed this is January, and they were fine with it since it is temporary and will be monitored. City Attorney Lavine stated that since this is park land the decision must be made by Common Council. c) Memorandum of Understanding (MOU) with the Downtown Ithaca Alliance Memorandum of Understanding for Base Level Services between the City of Ithaca and the Ithaca Downtown Business Improvement District – Resolution Moved by Alderperson Gearhart; seconded by Alderperson Smith. Carried unanimously. 1. WHEREAS, Business improvement districts (BIDs) exist to provide supplemental services over and above those normally and customarily provided to city residents and business districts- typically known as base services, and 2. WHEREAS, the Downtown Ithaca Alliance (formerly known as the Downtown Ithaca Business Improvement District) was created in 1997 to provide supplemental services for the Ithaca Commons and the 22 blocks of downtown bounded by Clinton Street, Albany Street, a line between Buffalo and Court Streets, and Schuyler Place/Gateway/South Aurora Street, and 3. WHEREAS, State law requires that BIDs and municipalities clearly delineate base services as those provided by the municipality, and 4. WHEREAS, the City and the Ithaca Downtown Business Improvement District, Inc., entered into a Base Level Services Memorandum of Understanding on April 21, 1998, and 5. WHEREAS, the agreement was last updated in September of 2006, and 6. WHEREAS, for several months City staff has been working with staff from the DIA in order to update the memorandum of understanding to reflect current programming and funding conditions, and 7. WHEREAS, Staff has reorganized this memorandum of understanding into two documents, in order to distinguish between base level services and the overall work plan for the total operations and maintenance for the BID, and 8. WHEREAS, the memorandum of understanding outlines the legal agreement between the City and the DIA which describes all of the base level services that are agreed upon, and 9. WHEREAS, the memorandum of understanding is intended to be a longer term agreement that is signed by the City and the DIA, and 10. WHEREAS, the work plan that outlines all of the tasks required for the total maintenance and operations, is intended to be re-visited and updated annually based on staffing responsibilities, programming, general maintenance needs, and funding availability, and NOW THEREFORE, be it 1. RESOLVED, that the City and the DIA agree that the Memorandum of Understanding shall be modified, be it further 2. RESOLVED, that the Common Council authorizes the Mayor to sign and execute the memorandum of understanding between the City and the DIA, and be it further 3. RESOLVED, that the Common Council directs staff to work with the DIA to annually update the work plan for the operations and maintenance of the Downtown Business Improvement District. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ITHACA AND THE DOWNTOWN ITHACA ALLIANCE THIS MEMORANDUM OF UNDERSTANDING (MOU) is made by and between THE CITY OF ITHACA (the “City”), and the DOWNTOWN ITHACA ALLIANCE (“DIA”). PRELIMINARY STATEMENT This MOU is intended to define base level services for the ongoing maintenance and operations of the Ithaca Commons, subject to the remainder of this Preliminary Statement and subject to the terms set out at the end of this MOU under “MOU Term and Limitations”. The Downtown Ithaca Alliance (formerly known as the Downtown Ithaca Business Improvement District) was created in 1997 to provide supplemental services to 22 blocks of downtown bounded by Clinton Street, Albany Street, a line between Buffalo and Court Streets, and Schuyler Place/Gateway/South Aurora Street. (See attached BID map). This area includes the three block Commons pedestrian mall. Business improvement districts (BIDs) exist to provide supplemental services over and above those normally and customarily provided to city residents and business districts- typically known as base services. State law requires that BIDs and municipalities clearly delineate base services as “those provided by the municipality prior to the establishment of the district.” N.Y. Gen. Mun. Law § 980-j(a). The services/activities performed by the City listed below greatly exceed the base services provided by the City prior to the DIA’s formation in 1997, and indeed greatly exceed the level of services/activities provided by the City in most other areas of the City today. However, due to the City’s unwavering commitment to a vibrant and thriving downtown, the City has expanded the services/activities provided by the City to the Commons, and agrees, on a non-binding basis, to categorize these updated services/activities as base services for purposes of this non-binding MOU. ONGOING MAINTENANCE AND OPERATIONS The City and the DIA agree to attend joint meetings each year starting no later than March 1st, in order to begin planning for maintenance and operations of the Ithaca Commons for the upcoming season. The DIA and the City further agree to develop an agreed upon work plan that will outline general needs and tasks and outline responsible parties for the ongoing maintenance and operations of the Commons. The work plan is expected to be updated on an annual basis in advance of the City budget and capital improvement schedule in order to provide details for any additional municipal funding requests. BASE SERVICES The following services are acknowledged by the City and the DIA as being base services, as that term is defined in the Preliminary Statement to this MOU. 1. Safety, Security, and Public Behavior The City shall be responsible for providing the following: ‐ Downtown beat 24/7 coverage, including garages, with a goal of having dedicated officers for the 1st and 2nd shifts, and a goal of avoiding pulling the downtown beat officer off of the Commons to go to other areas The DIA will be responsible for providing the following: ‐ Provide regular input to assigned police officers and to Department leadership on downtown issues and concerns ‐ Provide regular feedback on police visibility ‐ If non-professional security is needed for events,, such as overnight watch security or extra crossing guard assistance, the DIA shall be responsible for providing such assistance 2. Communication The City shall be responsible for the following: ‐ IPD staff to meet quarterly with DIA representatives to discuss issues and concerns. ‐ maintaining a goal of providing immediate access for DIA staff to downtown beat officers The DIA will be responsible for the following: ‐ Meet quarterly with City Police representatives to discuss issues and concerns. ‐ Provide timely access for Police staff to DIA personnel 3. Cleaning and General Maintenance The City shall be responsible for the following: - The City will provide for weekly mechanized sweeping during spring, summer, and fall months (typically Apr – Oct) for the following: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks (north side), the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks (south side). ‐ Provide mechanized sweeping of the Commons surface and Home Dairy Alley/Butterfly Alley on a daily basis between April and October subject to appropriate weather ‐ When undertaking mechanized sweeping during 1st or 2nd shifts, to conduct any needed hand litter clean up during or following mechanized tours. This shall occur on a daily basis during appropriate weather and seasons (typically Apr- Oct) during morning hours. ‐ To provide hand litter pick up on the following blocks during the spring, summer and fall months (typically Apr-Oct) at least twice weekly: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek Walk pedestrian way, and the 100 and 200 East Seneca Street blocks. ‐ To provide hand litter pick up on the Commons (including Home Dairy Alley and Butterfly alley) on a daily basis following City mechanized sweeping for the period April – October. ‐ To provide hand litter pick up for the balance of the Downtown district (excluding the Commons) at least once a week for the period April – October. ‐ To conduct periodic street sweeping in downtown. ‐ To conduct mechanized and/or hand-held sidewalk power washing as needed on the following blocks: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks. ‐ To assist in training DIA ambassador staff to use power washing equipment, when alternate agreements permit the usage of City equipment. ‐ To provide power washing/cleaning of the Commons (including home Dairy Alley and Butterfly Alley) on an as needed basis, between April and October. ‐ To monitor and repair any loss of paver joint sand due to power washing on a periodic basis as necessary and appropriate, but not less than once each year. The DIA shall be responsible for the following: ‐ To identify to City Commons crew problem areas requiring more frequent cleaning as needed and appropriate. ‐ Supplemental litter pickup on the ground and in the planters 4. Trash/Recycling The City shall be responsible for the following: ‐ To deploy and empty trash cans along the following blocks as needed: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks. ‐ To monitor illegal use of trash cans for the dumping of household and/or business garbage and to implement steps to fine abusing parties. ‐ To provide a location for the temporary storing of trash bags from cans and to dispose of trash bags on a timely basis so as to avoid odor and unsightly piles. ‐ To inspect Commons area trash receptacles on a daily basis. ‐ To commit to strive to reduce the number of stand-alone dumpsters and recycling containers in the downtown superblock and contiguous block areas. ‐ To provide a facility for downtown business to utilize a shared trash compactor and shared recycling compactor for as long as the City is able to offer this service. ‐ Should the City opt out of such a service, to first negotiate an arrangement with another private entity to provide shared trash and recycling service. ‐ To provide public right of way space at no cost for shared compactor programs in an effort to minimize cluster and improve the aesthetics of downtown. ‐ Upon the construction of the Harold’s Square (or equivalent) project or upon the rebuilding or reconstruction of the Green Garage, the City and DIA shall collaborate on a plan to relocate the existing shared compactors. 5. Snow Removal The City shall be responsible for the following: ‐ To provide timely snow plowing on key downtown sidewalks (off the Commons) including the following: 100 West State Street, 300 East State Street, 100 North and 100 South Cayuga Street, 100 North and 100 South Cayuga Streets, Northside of Green Street in the 100 West and 100 - 200 East blocks, Southside of Aurora in the 100 North block, the Southside of Seneca in the 100 and 200 North blocks, and along the frontage of the Seneca Garage on East Seneca, North Tioga and North Aurora Streets. ‐ The City Commons crew, supported by other City staff as necessary, shall be responsible for the timely plowing of snow on the Commons, including Home Dairy Alley and Butterfly Alley. ‐ To maintain safe walkways on the Commons. ‐ The piling of snow should be done in a manner that recognizes the Commons as both a pedestrian travel zone and a place of ongoing commerce. The DIA shall be responsible for the following: ‐ To provide supplemental assistance to City crews in hand snow shoveling on the Commons as needed when city crews are deployed elsewhere in downtown or are not available on a timely basis. 6. Graffiti Removal The City will be responsible for the following: ‐ Remove graffiti on a timely basis from public buildings and public property in downtown. ‐ Collaborate with the DIA on the selection and acquisition graffiti remover products. ‐ The City shall be solely responsible for the removal of large tags- exceeding six (6) SF on public property. ‐ Work to identify and apprehend persons responsible for graffiti tags. ‐ Notify property owners of their responsibility to remove tags from their property (Bldg. Dept.). Role of the DIA: ‐ Identify and report graffiti tags to the City on a timely basis. ‐ Provide supplemental assistance in the removal of small tags (under six (6) SF) from public property. ‐ The DIA shall take the lead role in removing small graffiti tags from private property, but only with the consent of property owners. ‐ Collaborate with City crews on the selection and procurement of appropriate graffiti remover. 7. Lighting The City shall be responsible for the following: ‐ The City shall maintain City owned downtown district lights in good working condition, ensuring that burnt/dead light bulbs are replaced on a timely basis, and repairing or replacing broken or downed poles in a timely manner (City Electrician). The DIA shall be responsible for the following: ‐ Identify and report problems with street lights in the downtown district to the City on a timely basis. 8. Repair The City shall be responsible for the following: ‐ The responsibility for ongoing repair and replacement of Commons infrastructure. ‐ Each fall prior to freezing weather, the City shall repair joint paver sand removed by routine power washing and cleaning. ‐ Replace and/or repair broken or stolen Commons amenities on a timely basis, whenever replacement items are available. ‐ Maintain and repair broken sidewalks Role of the DIA ‐ The DIA is responsible for daily monitoring of Commons amenities and shall report problems pertaining to damaged, worn, or missing items to the City in a timely fashion. ‐ Monitor sidewalks in the BID and report any issues or problems to the DPW in a timely fashion. 9. Plantings and Landscaping Maintenance The City shall be responsible for the following: ‐ The City shall be responsible for the maintenance, watering, and pruning/replacement of Commons trees and shrubs. ‐ Dead or diseased trees or shrubs should be removed and replaced in a timely fashion. ‐ Each year, the City and DIA shall prepare a watering plan that designates and assigns responsibilities for watering of the various Commons planting beds. ‐ The City shall maintain and make available to the DIA water spigots for the maintenance of Commons planting beds and for other maintenance and DIA special events purposes. ‐ Provide necessary soil and mulch for Commons planters, both movable and permanent. ‐ The City DPW (Forester) shall be responsible for the periodic tree and bush trimming and replacement as necessary. ‐ A plan for Commons tree management shall be prepared and followed on an annual basis to ensure the urban street trees planted on the Commons are both healthy and sized appropriately for the pedestrian mall. ‐ The City is responsible for the maintenance, repair, and replacement of tree grates and/or tree pits in downtown. ‐ Broken tree grates and/or tree pits that pose dangers to pedestrian safety should be repaired in a timely manner. ‐ The City Commons crews shall work with DIA ambassadors and CCE workers to haul away weeds and bedding debris. ‐ City crews shall be responsible for weed control and removal in public plazas and sidewalks on the Commons and the surrounding adjacent Commons blocks. Role of the DIA ‐ The DIA, working with the Tompkins County Room Tax Program and its contractor- Cornell Cooperative Extension (CCE), will be responsible for annual flower plantings in the movable and the small permanent annual gardens. ‐ The DIA will undertake Common planting bed and planter watering in conjunction with the annual watering plan prepared by the Director of the City Commons crew and the DIA Operations Director. ‐ It is important to note that the current planting program is made possible from grants received from the Tompkins County Room Tax Program. Should funding from the Room Tax program be reduced or eliminated, the City and the DIA will need to jointly meet to collaborate on a new strategy for Commons planting. ‐ DIA shall be responsible for supplemental weed control and removal in public plazas and sidewalks on the Commons and the surrounding adjacent Commons blocks. ‐ The DIA shall take the lead in weeding of Commons planter beds, with assistance from Commons Crews. ‐ The DIA shall report to the City Commons crew on a daily basis the need to haul/remove any weed or planting bed debris piles. ‐ The DIA shall work with CCE to spread soil and mulch as necessary. ‐ The DIA shall monitor tree grates and tree pits and reports any issues or problems to the City DPW on a timely basis. ‐ The DIA shall monitor trees in the district and report issues or problems to the DPW for remedy. 10. Capital Maintenance Plan The City shall be responsible for the following: ‐ To create a long term, multi-year plan for capital maintenance and replacement for the Commons and its various elements, features, and amenities. ‐ The City shall work with the DIA to develop both capital replacement and annual maintenance plans for the downtown district. Role of the DIA ‐ To assist the City in the creation of a long term, multi-year capital maintenance and replacement plan for the Commons and the Downtown District. 11. Water Usage The City shall be responsible for the following: ‐ Maintain and keep in good working order the water spigots for the Commons. ‐ In the event of a drought, the City will work with the DIA to attempt find alternate sources of water. 12. Parking The City shall be responsible for the following: ‐ The City (DPW parking staff and/or the City’s designee in the case of Cayuga Garage) shall be responsible for the daily monitoring, cleaning, maintenance, and repair of downtown City garages) inspections of stairwells and elevators for cleanliness and operability. ‐ Daily cleaning shall consist of litter patrol and pick up, light bulb replacement, as well as sweeping (during appropriate seasons) of the garages. ‐ The City crews shall remove graffiti tags from the garages on a timely basis. ‐ The City shall maintain an ongoing elevator maintenance program in order to repair broken elevators on a timely basis. ‐ The City (BPW) is responsible for the annual setting of parking rates. ‐ The City shall consult with the DIA prior to setting rates to better understand and receive input on rate structure from the downtown stakeholder/user community and will explore alternative parking options, such as merchant validation and merchant discount programs. Role of the DIA ‐ The DIA shall conduct regular monitoring of the garages and report any issues or problems to the City Parking Director on a timely basis. ‐ The DIA shall communicate with merchants and the business community to determine their parking needs and relay that information to the City. 13. Home Dairy Alley, Butterfly Alley, and Baby Bank Alley The City shall be responsible for the following: ‐ The City shall maintain a public right of way easement in Home Dairy Alley. ‐ The City shall be responsible for the maintenance and repair of Home Dairy Alley and the area known as Butterfly Alley underneath the Green Garage. ‐ The City shall negotiate with the abutting buildings to ensure that there is adequate and sufficient sidewalk street light for Home Dairy Alley and Butterfly Alley. ‐ The City is the owner of the alley located perpendicular to Bank Alley, adjacent to the Tompkins Trust Company and behind the Commons storefronts on the northside of the pedestrian mall. ‐ The City shall work with abutters to maintain a clean, litter and debris free alley. ‐ The City shall maintain and repair the large poster cabinets located in Home Dairy Alley. Role of the DIA ‐ The DIA shall include Home Dairy Alley and Butterfly Alley in its supplemental cleaning program. ‐ The DIA shall be able to use the city-owned poster cabinets in Home Dairy Alley for the display and posting of downtown information as well community events and activities. ‐ The DIA shall be able to use temporary signage in the Butterfly Alley area to promote DIA sanctioned downtown programs, events, and promotions. ‐ The DIA shall monitor the condition of Baby Bank Alley and report any issues or problems to the DPW on a timely basis. 14. Special Events The City shall be responsible for the following: ‐ The City DPW crews shall review DIA post major event conditions and report them to the DIA for immediate remedy. If the DIA is unable or unwilling to correct conditions on a timely basis, the City DPW shall correct these conditions and bill the DIA for the cost of such remedies. ‐ The City shall provide a staging/collection area for the DIA to stockpile trash during major DIA events. ‐ The City shall provide the DIA with additional trash receptacles at no additional cost for trash management during major permitted events. The City shall exempt the DIA from special event permit fees for major events that are mutually identified for such exemption by both the City and the DIA. Role of the DIA ‐ The DIA is responsible for cleaning up immediately after every DIA organized downtown event, returning the venue to a normal, every-day condition. This should be done in a timely fashion, no more than 24 hours after the end of any event. ‐ The DIA will be responsible for the collection of extra-ordinary trash generated by permitted DIA major special events. 15. Electrical Usage The City shall be responsible for the following: ‐ Allowing the DIA use of electricity for its Downtown maintenance efforts, events and promotions at no charge. Use of electricity for events will require a normal permit from the City. 16. Public Art and Murals The City shall be responsible for the following: ‐ The City will continue to allow the DIA to maintain existing art pieces in the downtown. ‐ The City will continue to encourage the use of murals on both public and private spaces to enhance the aesthetics of the downtown district. ‐ Murals on city-owned spaces should receive the recommendation of the Public Arts Commission and approval from the Common Council. ‐ The City shall continue to provide insurance coverage for the temporary art pieces. ‐ The City shall assist in the installation, relocation and removal of art pieces, subject to advance notice and scheduling constraints. Role of the DIA ‐ The DIA shall be permitted to organize and implement a downtown outdoor temporary sculpture/art program, as funding allows. ‐ The DIA will involve appropriate City staff in the selection and placement of the art pieces. ‐ With the exception of insurance and installation, the DIA shall be responsible for the costs associated with any temporary art program the DIA organizes. ‐ The DIA owns and exhibits arts pieces in downtown and shall be permitted to allow such pieces to remain in place subject to City need of the occupied space for construction or some other issue that would require removal or relocation of the piece. The DIA shall be responsible for the maintenance and repair of these pieces. ‐ The DIA will work with the Public Arts Commission on locations for new permanent art pieces in the downtown on City owned property. ‐ The DIA will continue to pursue the use of murals as a tool for streetscape enhancement.  MOU TERM AND LIMITATIONS Amendments to this MOU can be made at any time with the approval of both the City Common Council and the DIA Board of Directors. This MOU is intended to serve for seven (7) years from the signing of this document. However, both during the seven year term and thereafter, this MOU shall remain in force until it is modified, replaced, or terminated by either party at their sole discretion on not less than six (6) months’ written notice to the other party. Notwithstanding any other provision herein, this MOU shall under no circumstance legally bind the City or DIA to—or support the imposition of liability or equitable or injunctive relief for any failure to—provide or refrain from providing any service, or to act or refrain from acting in any manner whatsoever. Neither is it the intention of either party to this MOU that there be any third-party beneficiaries to this MOU, or that this MOU shall alter, expand or diminish any legal right or obligation of either party existing independent of this MOU. It is also recognized by the parties to this MOU that all services provided and commitments made by the City are subject to the budgetary discretion of the City or DIA and may vary above or below described or customary levels, those levels and descriptions in this MOU being aspirational only. 2016 Primary and Secondary Commons Annual Maintenance and Work Plan Daily Tasks Responsible Party Police Coverage-Goal of Visible Presence on the Commons IPD Security Camera Maintenance –Inspect and Make any Necessary Repairs or Adjustments DPW Act as a Liaison between merchants, police, and Commons Users Outreach Worker Ensure a high level of visibility to the general public on the primary and secondary Commons, providing a sense of security and reassurance CSO Provide mechanized sweeping of the Commons, Home Dairy Alley, Butterfly Alley between the months of April and October, and subject to appropriate weather conditions DPW During 1st or 2nd shifts, conduct any needed hand litter clean up during or following mechanized tours. DPW/DIA Ambassadors Unlock/unchain designated movable tables and chairs each morning and to secure the same tables and chairs each evening. DPW Provide the locks and cable needed to secure street furnishings. DPW To market the availability of shared compactor programs to downtown businesses. DIA Empty trash cans along the following blocks as needed: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks. DPW Monitor illegal use of trash cans for the dumping of household and/or business garbage and to implement steps to fine abusing parties. DPW Provide a location for the temporary storing of trash bags from cans and dispose of trash bags on a timely basis so as to avoid odor and unsightly piles. DPW Inspect Commons area trash receptacles at least once each morning and afternoon.-This was daily trash removal DPW Identify and report full or over flowing cans to City crews DIA Provide supplemental assistance to City crews in emptying cans when City crews are unavailable or deployed on other assignments. DIA Identify cans in need of cleaning and report these cans to the City Commons crews. DIA Provide a facility for downtown businesses and residents to utilize a shared trash compactor and shared recycling compactor DPW Manage content of electronic kiosks, INCLUDING REGULAR CHECKS, NOT LESS OFTEN THAN DAILY, THAT THE CONTENT IS CORRECTLY DISPLAYINING ON THE KIOSKS. DIA Monitor Commons amenities and report problems pertaining to damaged, worn, or missing items to the City in a timely fashion. DIA Report to the City Commons crew on a daily basis the need to haul/remove any weed or planting bed debris piles. DIA Monitor the reading room program on a daily basis, including closing it up in inclement weather. DIA Provide supplemental cleaning services on the Creek Walk. Litter patrol shall be undertaken during Apr – Oct at least once daily. DIA Monitoring, cleaning, maintenance, and repair of downtown City garages. DPW Garage litter patrol and pick up and light bulb replacement, as well as sweeping DPW Monitor the garages and report any issues or problems to the City Parking Director on a timely basis. DIA Morning and Afternoon inspections of stairwells and elevators for cleanliness and operability. DPW Cleaning of parking garage stairs and elevator DPW Conduct regular monitoring of the garage stairwells and elevators and report any issues or problems to the City parking Director on a timely basis. DIA Report to the City the need to haul/remove weed or planting bed debris piles DIA Plant, Care, and maintain annual flower plantings in the movable and the small permanent annual gardens, including watering. DIA (CCE Staffed, TC Room tax Funded) Maintain perennial planter beds on the Commons. CITY Monitor the outdoor reading room program and close it in the event of inclement weather DIA Monitor Commons table umbrellas, including opening them in the morning, and closing and removing them in the evenings and in inclement weather. DIA-lead, CITY- assist Monitor the outdoor dining facilities for compliance with the designated boundaries and other program rules CITY/DIA Ensure that Pavilion lights are functioning properly DPW Daily Winter Tasks Responsible Party Provide timely snow plowing on key downtown sidewalks (off the Commons) including the following: 100 West State Street, 300 East State, 100 N. and 100 S. Cayuga Street, 100 N and 100 S. Cayuga Streets, Northside of Green Street in the 100W and 100 and 200 E blocks, Southside of Aurora in the 100 North block, the Southside of Seneca in the 100 and 200 North blocks, and along the frontage of the Seneca Garage. DPW Provide timely plowing of snow on the Commons, including Home Dairy Alley and Butterfly Alley. DPW Provide supplemental assistance to City crews in hand snow shoveling on the Commons as needed when city crews are deployed elsewhere in downtown or are not available on a timely basis. DIA Weekly Tasks Responsible Party Provide at least weekly mechanized sweeping during spring, summer, and fall months (typically Apr – Oct) for the following: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks (north side), the Creek walk pedestrian way, and the 100 and 200 East Seneca Street blocks (south side). DPW Provide hand litter pick up on the following blocks during the spring, summer and fall months (typically Apr-Oct) at least twice weekly: the perimeter sidewalks of the superblock, the 100 West State Street block, the 100 North and 100 South Cayuga Street blocks, the 300 East State Street block, the 100 North Aurora Street block, the 100 and 200 East Green Street blocks, the Creek DPW walk pedestrian way, and the 100 and 200 East Seneca Street blocks. Inspect downtown lighting and replace any non-functioning bulbs DPW Monthly Tasks Responsible Party Create and distribute monthly downtown conditions reports for the City. DIA Quarterly Tasks Responsible Party Meet jointly to discuss issues and concerns. City/DIA Meet quarterly with City Police representatives to discuss issues and concerns. IPD/DIA Seasonal Tasks Responsible Party Provide convenient and appropriate storage space available near to the Commons for City and DIA maintenance equipment and supplies, as well as DIA seasonal decorations and special event equipment and supplies. City Provide the City with an inventory/roster of items appropriate for joint storage that relate to Commons maintenance and management, including special events and seasonal DIA Assist in the installation of holiday/seasonal decorations, particularly with locations that require installation in lanes of active traffic and at heights beyond normal extension ladders. DPW Allow storage of seasonal decorations in the Commons maintenance storage area(s). DPW Cover the costs of electricity used by the decorations. City Plan, procure, and fund the acquisition of holiday decorations for the Commons and surrounding areas. DIA To monitor the seasonal/holiday light program and provide feedback as appropriate. City To maintain, repair, and/or replace seasonal/holiday lights as necessary. DIA Purchase and install LED lights on Commons trees to provide year round lighting and ambience. DIA Annual Tasks Responsible Party Maintain Security Cameras in good working order DPW Set a policy for retention of security camera footage and appoint staff for review of footage CITY Report any incidence of vandalism or any broken cameras DIA Provide financial support to outreach worker program CITY/DIA Evaluate Outreach Worker Program CITY/DIA Provide necessary and appropriate police liaison with the outreach worker program CITY Promote the outreach worker program to the downtown business community DIA Assist the DIA ambassador program in training pertaining to methods of observation, recording and reporting incidents, and dealing with difficult situations. Wherever possible, seek to integrate both ambassadors and IPD personnel in available and appropriate diversity and accessibility training modules. CIY/IPD Training of ambassador on how to engage with the public, with difficult people and how to report criminal activities DIA/CITY Work with DIA to change Commons banners once a year at no charge to the DIA. DPW Be permitted to organize and implement a street light pole banner program on appropriate selection light poles along Green Street , Seneca Street, Aurora Street, Cayuga Street, and the 100 West State and 300 East State blocks. DIA Commons Crew should participate in hospitality and diversity training provided annually by the DIA and the City. City/DIA Provide to the City (DPW) a list of DIA events for each year no later than the end of February and submit requests for usage of the Bernie Milton Pavilion at least a month prior to the event. Submit all necessary paperwork as early as possible DIA Manage Pavilion Reservations and ensure that the pavilion is reserved for major DIA and other recurring special events that have been identified ahead of time in January/February of each year. CITY Ensure all required event paperwork is submitted in a timely manner to the City. DIA As Needed Tasks Responsible Party Repair any broken security cameras DPW/City Make adjustments to security cameras  DPW/City Determine on an annual basis if cameras are properly sited or need to be adjusted or moved to improve their utilization (IPD, DPW, DIA) Conduct periodic street sweeping in downtown at least once each quarter, except during winter. DPW Provide assistance in installing banner hardware and banners on light poles in downtown along Green Street , Seneca Street, Aurora Street, Cayuga Street, and the 100 West State and 300 East State blocks (City Electrician). Provide emergency repairs to banners and/or hardware as necessary. DPW Create, install, and remove DIA specific temporary event and promotion banners. DIA/CITY Provide at no additional costs to the DIA police coverage of core community events organized by the DIA on behalf of the City and the people of Ithaca. Core community events are defined as the major community events of the DIA- the Summer Concert series, the Apple Harvest Festival, the Holiday Festival, the Chili Cook-Off, and any other one-time or added events that are undertaken for the benefit of broader Ithaca community. IPD Assess and plan for security needs at DIA downtown events DIA/IPD Cover any extra-ordinary security costs, AND TO COVER ALL SECURITY COSTS of DIA organized events not DEEMED BY THE CITY TO BE core community events. DIA The City DPW crews shall review DIA post major event conditions and report them to the DIA for immediate remedy. If the DIA is unable or unwilling to correct conditions on a timely basis, the City DPW shall correct these conditions and bill the DIA for the cost of such remedies. DPW The DIA is responsible for cleaning up immediately after every DIA organized downtown event, returning the venue to a normal, every-day condition. This should be done in a timely fashion, no more than 24 hours after the end of any event. DIA The DIA shall work with the CVB and with individual tour bus operators to organize bus trips to downtown. The DIA to work DIA/CITY with the City to locate places for tour bus operators to pick-up and discharge patrons and to store their buses while patrons are visiting downtown. Provide necessary soil and mulch for Commons planters, both movable and permanent and for Creek Walk planting beds. CITY Work with CCE to spread soil and mulch as necessary. DIA Repair and replace the four (4) newspaper corral boxes on the Commons and remove any unauthorized private newspaper boxes from the Commons on a timely basis. DPW Manage the programming for the newspaper boxes with approval of the Commons Advisory Board DIA Power wash trash cans and clean underneath and around as needed DPW Control and remove weeds from public plazas and sidewalks on the Commons DPW Weed the Commons Planter Beds DIA-Ambassadors Repair/Replace broken tree grates and/or tree pits in a timely manner DPW Periodically trim bushes and trees and replace, if necessary DPW Monitor and remove graffiti on public spaces DPW Prepare a plan for Commons tree management to ensure the urban street trees planted on the Commons are both healthy and sized appropriately for the pedestrian mall. CITY/DIA Prepare annual watering plan that designates and assigns responsibilities for watering of the various Commons planting beds. CITY/DIA Create a Reserved Space for an Outdoor Reading Room CITY/DIA Create and Organize and Outdoor Reading Room and provide recognition to the program donor DIA Maintain and repair skateboard guards on Commons DPW Watch for and enforce infringements to the “no skateboarding on the Commons” ordinance. IPD Purchase, Maintain, and Replace umbrellas for Commons table equipped with umbrella holes DIA Clean glass Bernie Milton Pavilion Roof CITY **Add tasks associated with water feature maintenance 5) Action Items (Voting to Circulate)    a) Amendment to Zoning to Allow Brewpubs and Other Uses ORDINANCE NO. ____    BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning,  be amended as follows:    Section 1. Section 325‐3B, entitled, “Definitions and Word Usage,” is hereby amended to add the  following definitions:    Urban Beverage Producer — An establishment licensed by the State of New York to sell alcohol  (whether beer, cider, wine and/or liquor) at retail with limited manufacturing and wholesale  privileges. An urban beverage manufacture may not produce more than 5,000 barrels or 75,000  gallons of alcoholic beverages annually at any location.  An urban beverage producer must offer  on‐site consumption, but may also produce beverages for off‐site sale. An urban beverage  producer may also have a restaurant in or adjacent to it, as permitted by law. An urban  beverage producer may NOT contain external tanks for storage of raw materials or beverages.    Large Beverage Producer — An establishment licensed by the State of New York to manufacture  alcohol (whether beer, cider, wine and/or liquor) with wholesale and retail privileges. A Large  Producer may not produce more than 15,000 barrels or 250,000 gallons of alcoholic beverages  annually at any location.   A Large Producer may have a restaurant in or adjacent to it, as  permitted by law.    Tavern — An establishment for the sale of beer and other drinks to be consumed on the  premises, sometimes also serving food.    Section 2. Section 325‐8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is  hereby amended in order to add Urban Beverage producer as an allowable primary use in the B‐2a  district and a Large Beverage Producer as an allowable use in the B‐5 district.    Section 3. Section 325‐8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is  further amended to add the following allowable accessory use in the B‐2 zones: Incidental parking for  any uses allowed in any of the B2 zones.    Section 4. The City Planning and Development Board, the City Clerk and the Planning Department shall  amend the District Regulations Chart in accordance with the amendments made herewith.    Section 5. Severability. Severability is intended throughout and within the provisions of this local law. If  any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or  unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of  the remaining portion.    Section 6. Effective date. This ordinance shall take effect immediately and in accordance with law upon  publication of notices as provided in the Ithaca City Charter.    Alderperson McGonigal stated he sees no reason to not let this happen. Alderperson Brock stated that she attempted to have a conversation with Fire Chief Parsons about the liability of using such a silo, but that conversation didn’t occur. Alderperson Smith stated he would like the ordinance to stay as it is. No outside silos. Alderperson Brock stated she would also like the ordinance to remain as is. Alderperson Nguyen stated he would allow it. Alderperson Martell stated she doesn’t want to change the zoning for one particular business plan. Alderperson Gearhart stated for this particular project it makes sense, but to allow it for all would not be a good thing. It was decided that staff would further review the environmental review of the usage of the grain silos as an accessory use.   b)  Temporary Mandatory Planned Unit Development (TMPUD) Application – 323 Taughannock Boulevard.     Steven Flash, the developer sated that this would be part of a housing association which could be purchased or rented. Each unit will be a separate tax parcel. TO: Planning and Economic Development Committee FROM: Jennifer Kusznir, Economic Development Planner DATE: February 1, 2017 RE: Temporary Mandatory Planned Unit Development Application for Rampart Real, LLC On January 18, 2017, the City of Ithaca received an application from Rampart Real, LLC, for a Temporary Mandatory Planned Unit Development (TMPUD) for a townhome project to be located at 323 Taughannock Boulevard. In accordance with §325-13 of the City Code, applications for any development within the boundary of the TMPUD will be evaluated using the following criteria, among others: (1) Is the project in accordance with the City Comprehensive Plan, which specifically lists the following: (a) Promoting mixed-use development, including commercial and housing. (b) Emphasizing waterfront activities. (c) Reducing impacts of parking. (d) Providing for additional employment opportunities. (e) Promoting public access to the waterfront. (f) Enhancing and preserving any environmentally sensitive areas. The project involves the subdivision of the parcel and construction of 8 attached townhomes on Inlet Island, on a 0.242 acre lot. The townhomes will contain up to 2 dwelling units each for a maximum total of 16 units with up to 24 bedrooms total. The applicant is proposing zoning for the site that is identical to the City’s adopted WF-2 zoning ordinance. The Project Sponsor states many project benefits in the application such as:  This project is expected to the increase to the tax roll value of new real property by $2‐3 Million  The project creates housing to help meet the current demand and significantly increases the tax base.  The project removes a longtime vacant dilapidated building and improves the public’s waterfront experience. The building will be deconstructed and many materials will be salvaged by Finger Lakes ReUse.   The project creates live/work units which may provide opportunities for jobs. The application has been reviewed by staff for completeness and has been found to be satisfactorily complete for distribution and review. Should the committee be in agreement, this application will be circulated for comments and a public information session will be held, in accordance with the Temporary Mandatory Planned Unit Development (TMPUD) requirements. The tentative date for the Public Information Session is Monday February 27, 2017 at 5pm in Common Council Chambers. If the Committee is in agreement, staff will begin this process and return in September with any comments that are received. Please see the attached resolution for your consideration. If you have questions or require additional information, please feel free to contact me. Approval to circulate moved by Alderperson Brock; seconded by Alderperson Smith. Passed unanimously. 6) Discussion a) Changes to Project Review Criteria – Plan Material and Maintenance JoAnn Cornish will go through the document changes from the Shade Tree Advisory committee and the Planning Board site-plan review ordinance and send her findings to the Shade Tree Advisory Committee and ask the committee to come back next month. b) Maguire Interest in Southwest Park The Maguire Group would like to purchase the entire parcel from the City. Due to the wetlands there will be many state and federal regulations. If they purchase of this property, they would sell the Carpenter Business Park property. The consensus of the group is to look further into this proposal. Alderperson McGonigal is relunctant to sell all the property. Currently the facilities master committee is looking at this property for DPW and TCAT. Chair Murtagh and JoAnn Cornish stated the next steps would be to create a timeline and the number of acres needed for the move of DPW and TCAT. 7) Review and Approval of Minutes a) January 2017 Moved by Alderperson Brock ; seconded by Alderperson as amended with Alderperson Brock’s requested changes. Passed unanimously. 8) Adjournment Moved by Alderperson Gearhart; seconded by Alderperson Martell. Passed unanimously. The meeting was adjourned at 9:12 p.m.