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HomeMy WebLinkAboutMN-PLED-2016-12-14 Approved at the January 11, 2017 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, December 14, 2016 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ducson Nguyen, Josephine Martell, and Cynthia Brock Committee Members Absent: None Other Elected Officials Attending: Alderperson George McGonigal Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Jennifer Kusznir, Senior Planner; Megan Wilson, Senior Planner; Nels Bohn, Director, IURA; Deborah Grunder, Executive Assistant Others Attending: Joseph Bowes, INHS Director of Real Estate Development 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) Special Order of Business a) Public Hearing: Revisions to Collegetown Area Form Districts Alderperson Kerslick moved to open the public hearing; Alderperson Brock seconded it. Passed unanimously. There was no one from the public to speak on this topic. Alderperson Brock moved to close the public hearing; Alderperson Martell seconded it. Passed unanimously. Approved at the January 11, 2017 PEDC Meeting b) Public Hearing: Zoning Amendment to Allow Brewpubs, Urban Breweries, and Taverns Alderperson Brock moved to open the public hearing; Alderperson Kerslick seconded it. Passed unanimously. Ben Brotman and James Tielers spoke together on the brewpub ordinance. They questioned some of the definitions in the brewpub ordinance. The definition of Urban Brewery needs to be changed to reflect that microbreweries may sell to the general public. Alderperson Kerslick moved to close the public hearing; Alderperson Nguyen seconded it Hayden Brainard, Trumansburg, stated that definitions are set by the State. It’s not a good idea to change what the State liquor authority has on their books. He recommends not to try to come up with a restriction of these definitions. If the goal is to limit the amount of their production, don’t limit the definitions. Alderperson Martell moved to close the public hearing; Alderperson Kerslick seconded it. Passed unanimously. Pat Shea, 707 Hancock Street, spoke on the Waterfront changes. She encourages the City to consider a mixed income availability. She’s a gardener so she would like to see the gardens to stay. A science area would also be good. 3) Public Comment and Response from Committee Members Alderperson Martell stated she agrees that it would be great to have a mixed income housing project, but due to the expense to do such a project there, it is unlikely or difficult to make this an affordable housing project. Alderperson Brock announced the public information sessions for the Waterfront Ordinance Changes scheduled for Thursday, December 14th, from 3-5 and again 7-9 p.m. 4) Updates, Announcements, Reports a) Design Guidelines ( Megan Wilson ) There were two public information sessions that were well attended. A wide variety of comments were provided. The most frequent concerns were the design guidelines process. We do not have binding review design guidelines yet but do have the design guidelines in the site-plan review process. Approved at the January 11, 2017 PEDC Meeting Alderperson Kerslick stated that a joint meeting with the Planning Board and this committee would be a very good idea. b) Housing Summit Debrief ( JoAnn Cornish ) The most important part of the summit was it got the conversation going. To hear the stories to find housing and their struggles hit home for her. It was a real good opportunity to discuss this important topic. Kudos to Martha Robertson and Schelley Michell Nunn for organizing and moderating the event. Alderperson Brock stated she was very intrigued by Cornell’s project to keep sophomore students on campus. We have areas in our community that are very unique. Small non-chain businesses need to be provided incentives to help them stay alive. She would like to see the City help keep the small businesses intact and remain here. She would also like to see the City help to keep owner-occupied properties rather than become tenant housing. 5) Action Items (Voting to send onto Council) a) Revisions to Collegetown Area Form Districts An Ordinance to Amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” To Revise Entry and Building Length Requirements for the Collegetown Area Form Districts – Declaration of Lead Agency for Environmental Review Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed unanimously. WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that 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 §325-45.2, “District Standards,” of the Collegetown Area Form Districts. Approved at the January 11, 2017 PEDC Meeting An Ordinance to Amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” To Revise Entry and Building Length Requirements for the Collegetown Area Form Districts – Determination of Environmental Significance Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed unanimously. WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to revise the recessed entry and building length requirements for the Collegetown Area Form Districts, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), dated November 15, 2016, and WHEREAS, these zoning amendments have been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State general Municipal Law, which requires that all actions within 500 feet of a county or state facility, including count y and state highwa ys, be reviewed b y the Count y Planning Department, and have also been distributed for review b y the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared b y 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 November 15, 2016, 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 unnecessar y, 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 b y law. Approved at the January 11, 2017 PEDC Meeting b) Zoning Amendment to Allow Brewpubs, Urban Breweries, and Taverns An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” to Include Definitions for Brew Pub, Urban Brewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD Districts– Declaration of Lead Agency Moved by Alderperson Kerslick; Seconded by Alderperson Martel. Passed unanimously. WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is a “Type I" Action pursuant to the City of Ithaca Environmental Quality Review Ordinance, (CEQR), §176-4 which requires review under CEQR; now, therefore, be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review for the adoption of amendments to The Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” to Include Definitions for Brew Pub, Urban Brewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD Districts An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” to Include Definitions for Brew Pub, Urban Brewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD Districts– Declaration of Environmental Significance Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed unanimously. 1. WHEREAS, The Common Council is considering a proposal to amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” To include definitions for Brew Pub, Urban Brewery, and Tavern, and also to amend the allowable uses in the B-2, B-5, and CBD zones, and 2. WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated October 26, 2015, and 3. WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental Quality Review Ordinance, and 4. WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore, be it Approved at the January 11, 2017 PEDC Meeting 1. RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated November 2, 2016, and be it further 2. 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 3. 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 Nguyen asked for clarification on the comments made by Hayden Brainard. Jennifer Kusznir stated that the City wanted to put some restriction on each type of brewery. Hayden Brainard further commented that some of the things that the City will allow in the breweries are already allowed in the state zones. Alderperson Brock asked how the 5,000 barrels was selected and is it appropriate for these areas. Jennifer Kusznir stated that 5,000 was a number from the Building Department’s definition of tavern. Ben Brotmon was asked to join the conversation. Malt shipments coming in on pallets would be about three pallets every few weeks. There is no way that anyone could produce 5,000 because there isn’t enough room to do so. Chair Murtagh recommends that we reach out to the brewery on Main Street in Cortland. Taverns with seating are not permitted in the B2D zone since it is zoned residential. Alderperson Kerslick moved to table the ordinance; seconded by Alderperson Brock. Passed unanimously. Approved at the January 11, 2017 PEDC Meeting c) Payment in Lieu of Taxes (PILOT) Agreement with INHS Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed unanimously. Authorize Exemption from Real Property Taxes and Provision for In-Lieu Payments, with Regard to the Ithaca Neighborhood Housing Services, Inc. (“INHS”) Affordable Housing Scattered Site Preservation Project – Resolution WHEREAS, there is a demonstrable and critical shortage of affordable housing within the City of Ithaca and Tompkins County; an d WHEREAS, Pursuant to Section 577 of the New York State Private Housing Finance Law (PHFL), the Council hereby exempts from real property taxes, for a period of thirty (30) years, the following properties, to be owned by a housing development fund company formed under Article XI of PHFL and sponsored by the Ithaca Neighborhood Housing Services, Inc. (“INHS”) and beneficially owned by a to-be-formed partnership affiliate of INHS formed for the purpose of developing the Project (hereinafter the “Owner”), and to be used for the provision of affordable rental housing to qualified persons or families of low income as a part of the Scattered Site Rental Preservation Project (the “Project”); and WHEREAS, the Project includes renovation of 98 residential units in 44 buildings as follows: Address: Tax Parcel #: 105 Fourth Street 44.-6-15 107A Fourth Street 44.-6-16 107 Fourth Street 44.-6-16 108 N. Corn Street 72.-3-14 110 Esty Street 50.-1-21 112 Esty Street 50.-1-21 113 Fourth Street 44.-6-1 216 Cascadilla Street 45.-5-11 316-18 S. Corn Street 79.-5-15 356 Floral Ave. 97.-1-6.2 380-90 Floral Ave. 97.-1-7.2 402 Center Street 79.-6-10 402 W. Seneca Street 60.-6-12 417 Cascadilla Street 51.-3-2 418-20 Cascadilla Street 44.-6-14 602 W. Green Street 72.-4-12 Cascadilla Green I 25.-3-1.1 308 Adams Street 310 Adams Street 509 First Street Approved at the January 11, 2017 PEDC Meeting 511 First Street 507 First Street 505 First Street 513 First Street 515 First Street 517 First Street 519 First Street 521 First Street 523 First Street 307 Franklin Street 309 Franklin Street Cascadilla Green II 25.-3-1.21 301 Franklin Street 522 Alice Miller Way 303 Franklin Street 305 Franklin Street 512 Alice Miller Way 514 Alice Miller Way 516 Alice Miller Way 504 Alice Miller Way 506 Alice Miller Way 508 Alice Miller Way 510 Alice Miller Way 518 Alice Miller Way 304 Adams Street 306 Adams Street WHEREAS, the City of Ithaca has determined that the continued provision of affordable rental housing to qualified persons or families of low income by INHS is beneficial to and in the long term best interests of the public, and in connection with the City of Ithaca Common Council’s endorsement of the INHS Affordable Housing Scattered Site Preservation project at its regular meeting held on the 2nd day of November, 2016, now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca pursuant to §577 of the Private Housing Finance Law of the State of New York hereby grants to the properties listed herein a tax exemption from real property taxes levied by the City of Ithaca and other local taxing authorities for a period of thirty (30) years, and Owner shall make annual in-lieu-of-tax payments (hereinafter referred to as “PILOT”) to the City of Ithaca equal to 12% of its annual "net operating income", but in no event to be less than $58,837, plus additional negotiated annual amounts after fifteen (15) years when Project payment obligations are projected to decline. "Net operating income" shall equal gross rents received by the Owner less operating costs, as determined by an annual audit, paid by the Owner for the duration of the exemption period. The PILOT shall be shared by the City of Ithaca with Tompkins County and the Ithaca City School District in the same ratio as total school, city and county taxes would have been paid with respect to Approved at the January 11, 2017 PEDC Meeting the Project without taking into account the exemption provided for herein; and it is further RESOLVED, that the PILOT agreement shall include provisions requiring the construction contract for the Project to include specific provisions that require (1) outreach to local subcontractors in construction trades requesting bids, to the greatest extent feasible, and (2) outreach to local vendors requesting quotes for construction materials to the greatest extent feasible, and RESOLVED, that the Mayor upon the advice of the City Attorney and the City Controller and on behalf of the City of Ithaca is hereby authorized and requested to execute and deliver to any pertinent party an agreement between the City of Ithaca and Owner, setting forth as necessary the details of the PILOT, and to take any and all action necessary and/or required to effectuate or verify such payments or tax exemption, the PILOT agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate; and it is further RESOLVED, that this ordinance shall take effect immediately. 6) Special Order of Business a) 2017 Work Plan and Process JoAnn Cornish stated that the items on the list are not in order of importance. Cornish also distributed to the group what is involved when a change to a zoning ordinance is proposed. There is a lot more to it that people realize. Alderperson Brock stated it must be very difficult to juggle the number of items on the work plan. One particular zoning ordinance change was done by the Shade Tree Advisory Committee. Chair Murtagh has asked that Jane Grace, the City Forester, attend the January meeting. JoAnn Cornish will distribute the proposed ordinance that is being recommended by the Shade Tree Advisory Committee. 7) Review and Approval of Minutes a) November 2016 – Minutes were not Available 8) Adjournment Moved by Alderperson Kerslick; seconded by Alderperson Martel. Passed unanimously. The meeting was adjourned at 7:55 p.m.