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HomeMy WebLinkAbout11-08-17 Planning and Economic Development Committee Meeting Agenda1PEDC Meeting  Planning and Economic Development Committee  Ithaca Common Council        DATE: November 8, 2017   TIME: 6:00 pm    LOCATION: 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) Presentation on Playgrounds  b) Parks and Recreation Master Plan     3) Public Comment     4) Announcements, Updates, and Reports    5) Action Items (Voting to Send on to Council)  a) 2018 Annual Council Concurrence that the Planning Board  be Lead Agency   b) Restore NY Grant Funding Application  c) Electric Box Mural Proposal  d) Rotating Mural at Water and Sewer  e) Proposed Resolution to Authorize Cornell MOU for  Construction of Gate to “Ezra’s Tunnel” at Ithaca Falls Park    6) Action Items (Voting to Circulate)  a) Parks and Recreation Master Plan  b) Recommendations from Waterfront Working Group to:  (1) Allow for Planned Unit Development Citywide, and  (2) Expand Boundaries of the Community Investment  Incentive Tax Abatement Program (CIITAP)    7) Discussion  a) Design Guidelines for Collegetown and Downtown:  Collegetown:  http://www.cityofithaca.org/DocumentCenter/Home/View/6923 Downtown:   http://www.cityofithaca.org/DocumentCenter/Home/View/6924   8) Review and Approval of Minutes  a) September and October 2017    9) Adjournment  No      No  No    No    No      Yes    Yes  Yes  Yes  Yes        Yes    Yes  Yes        Yes              Yes    Yes    Seph Murtagh, Chair      Rusty Keeler  Pros Consulting              Lisa Nicholas, Senior Planner    Nels Bohn, Director, IURA  Megan Wilson, Senior Planner  Megan Wilson, Senior Planner  Dan Cogan, Chief of Staff        Megan Wilson, Senior Planner    Jennifer Kusznir, Senior Planner  Jennifer Kusznir, Senior Planner        Megan Wilson, Senior Planner    6:00      6:05  6:20    6:50    7:00      7:05    7:10  7:15  7:20  7:25        7:45    7:50  8:05        8:30              9:00    9:05    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, November 7th, 2017.   To: Common Council From: Lisa Nicholas, Senior Planner Date: November 1, 2017 Re: 2018 Annual Council Concurrence that the Planning Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Annually Common Council passes a resolution concurring that the Planning Board will be Lead Agency in environmental review for site plan review projects for which the Common Council is an involved agency. Examples of such projects include the Chainworks District Project, the Marriott Hotel, the Hilton Canopy and 210 Hancock Street. As per the previously adopted resolutions, this arrangement ends on December 31 of each year and must be renewed annually. Please find enclosed a proposed resolution which extends this arrangement to December 31, 2018. The purpose of this arrangement is to make the environmental review process more efficient while, at the same time, keeping Council informed of its potential role in the environmental review of site plan projects. Environmental forms and project information would continue to be forwarded directly to Council members without the need to coordinate with a monthly meeting schedule. This prevents the difficulty of the 30-day deadline to establish Lead Agency but preserves Council ability to not concur should that be the preferred course of action for any future project. As an involved agency, Council could, if desired, provide input to the Lead Agency. All comments from involved agencies are addressed during the environmental review. The Planning Board also has this arrangement with the Board of Zoning Appeals. If you have any questions, please contact me at 274-6557. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org 2018 Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Resolution WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, 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, State Law also specifies that when an agency proposes to directly undertake, fund or approve a Type I or Unlisted Action undergoing coordinated review with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review, and WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with project information and environmental forms for their review, as well as all environmental determinations, and WHEREAS, Common Council did consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency for the years of 2015, 2016 and 2017, and WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to continue the agreement in which the Planning Board will assume Lead Agency status for such projects; therefore be it RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2018; and, be it further RESOLVED, That for any future project Common Council may withhold or withdraw its consent should it so desire. 1 Proposed Resolution  Planning & Economic Development Committee  November 8, 2017    Authorize Restore NY5 Funding Application    Whereas, the 2016‐17 New York State budget appropriated new funding for the Restore New  York’s Communities Initiative (“Restore NY5”) to revitalize urban areas and stabilize  neighborhoods and authorized the Empire State Development Corporation (“ESDC”) to  implement the program, and      Whereas, the goals of the Restore NY program are to (1) revitalize urban centers, (2) induce  commercial investment, and (3) improve the local  housing stock, and    Whereas, Restore NY5 funding is available only for projects involving the demolition,  deconstruction, rehabilitation and/or reconstruction of vacant, abandoned, condemned or  surplus properties, and    Whereas, municipalities with populations under 40,000 are eligible to submit one project,  which may contain multiple related properties, not to exceed a request for $1,000,000 in  funding, and    Whereas, in response to a public call for proposals by the IURA, the following four projects  were submitted:   1. Ithaca Housing ‐ Redevelopment of the Green Street Garage, 120 E. Green Street;   2. Reach on State Street, 310 W. MLK Jr./State Street;   3. Home Dairy/Yellow Deli Building, E. MLK Jr./State Street;    4. 100s West, 121‐123 W. State Street and 108‐114 W. Green Street, and    Whereas, the IURA Economic Development Committee evaluated proposals to maximize  community benefit and competiveness for funding and recommended advancing the following  two projects for final consideration:   100s West    Reach on State Street (subject to securing site control), and    Whereas, the sponsor for the Reach on State Street project was unable to secure site control of  310 W. State Street;      Whereas, the 100s West project is an approximately $2.5 million project by Urban Core, LLC to  rehabilitate 3 adjacent buildings located at 121 W. MLK, Jr/State St., 123 W. MLK Jr./State  Street and 108‐114 W. Green Street, and      Whereas, Restore NY5 application must include a municipal resolution in support of the  application, proof that a public hearing was held on proposed application, and a site control  affidavit for projects located on non‐municipally owned property, and   2   Whereas, the property owner have agreed to provide the full 10% required local match  contribution, so no City match funds are required; now, therefore, be it     RESOLVED, that the City of Ithaca Common Council hereby endorses a Restore NY5 application  for the 100s West for up to $1,000,000 in grant funding, and be it further    RESOLVED, that the City of Ithaca Common Council hereby finds the proposed project is  consistent with the City comprehensive plan and Urban Renewal Plan; that the proposed  financing is appropriate  for the specific project; that the project facilitates effective and  efficient use of the existing and future public resources so as to promote both economic  development and preservation of community resources; and the project develops and  enhances infrastructure and/or facilities in a manner that will attract, create, and sustain  employment opportunities where applicable, and be it further    RESOLVED, that the Mayor, upon advice from the City Attorney, is hereby authorized to take all  actions necessary to submit a Restore NY5 application in accordance with this resolution,  including, but not limited to, certification of the application, and be it further    RESOLVED, that the Mayor is authorized to modify the proposal to address any unforeseen  feasibility issues that arise that would impact competitiveness of the application, and     RESOLVED, that, if awarded, the Mayor, upon advise from the City Attorney, is hereby  authorized to execute an agreement with ESDC, and any other documents necessary to receive  the Restore NY grant, as well as agreements with individual property owners to implement the  project, and be it further    RESOLVED, the IURA is hereby authorized to administer and implement the City’s Restore NY5  grant award.      j:\community development\restore ny\restore ny5\reso pedc restore ny5 11‐8‐17.doc  RESTORE5 NY PRELIMINARY PROJECT PROPOSAL FORM Name of Applicant: Urban Core, LLC Project/Building Name: 100s West Property Address (identify each separate property): 121 W. State Street, 123 W. State Street, 108-114 W. Green Street Briefly Describe Project: (must include rehabilitation and/or reconstruction) Rehabilitate the lower level of 121 W. State Street to make it ready for a new restaurant. Gut rehabilitation of the ground floor, ¾ of the second floor, and the lower level of 123 W. State Street to engage it with the street level and connect through to Press Bay Alley and Green street and to install flexible beautiful office spaces on the second floor. Re-working of the sidewalk and installation of attractive street furniture in front of both buildings on State Street to enhance accessibility and pedestrian experience, and to install additional cycling infrastructure. Install an elevator in 123 W. State Street to enhance accessibility. Replacement of the gate with an attractive egress gate and installation of flexible outdoor seating in Stage House Alley. Rehabilitate 108- 114 W. Green Street and create an engaging pedestrian courtyard similar in character to Press Bay Alley, install a series of storefronts on the building allowing for additional micro-retail uses. Rehabilitate the second floor of 108- 114 W. Green to create 4 new reasonably priced high-quality housing units. Replace the sidewalks from 108-118 W. Green street with new addressing poor grading, degradation, and adding attractive high-quality street furniture, bike racks, and other amenities, install curb extensions and parklets for traffic calming and enhanced pedestrian experience on Green street. Total Project Cost: $2.5MM Restore NY5 Funding Request: $1MM Estimated Equity Investment: $1MM Describe Site Control: All properties are presently in our possession Existing Building(s) Size (sq. ft. by property): 121 W. State Street 3600 123 W. State Street 15000 108-114 W. Green Street 10000 % of Existing Building(s) Vacant (by property): 121 W. State Street 67.6% 123 W. State Street 71.2% 108-114 W. Green Street 76.41 Intended Reuse (by property): Sq. Ft. Residential: 108-114 W. Green 2000SF Sq. Ft. Retail:121 W. State 3600SF, 123 W. State 5000SF, 108-114 W. Green Street 7000SF Sq. Ft. Other Commercial:123 W. State 10000SF Sq. Ft. Other (specify): Housing Units: (by property) # of housing units: 4 Tenure (rent or for sale): for rent # below market rental units: 4 Date of Anticipated Construction Start: (assume 3/18 award): 3/19/2018 Attach any additional optional information such as photos, site maps, floor plans and renderings David J. Kuckuk AIA Leed AP 213 North Tioga #273 Ithaca, NY 14850 URBAN CORE LLC 123 W. State/MLK St. Ithaca, NY 14850A.01 URBAN CORE ITHACA 100s WEST Project PRESS BAY ALLEY (below) TENANT SPACE 500 sf CAFE SERVICE AREA ACCESSIBLE TOILETS SERVICE & MAINTENANCE REOPEN HISTORICAL STAIRWELL NEW STAIRCASE REOPEN EXISTING MASONRY OPENINGS NEW OPERABLE WINDOWS OVERLOOKING STAGE DOOR ALLEY BREAKOUT ROOM #1 BREAKOUT ROOM #2 CONFERENCE ROOM 350 sf NEW ELEVATOR Access all floors & basement STAGE DOOR ALLEY (below) 123 W. State St. SECOND FLOOR PLAN SCALE: 1/16 ” = 1’-0” 1 A.01 123 West State St.Ithaca Journal BuildingSecond Floor Renovation2017 07 24COMMON BREAK AREA BRIGHTWORKS TENANT SPACE NEW ROOFTOP DECK ABOVE ENTRANCE OVERLOOKING PRESS BAY ALLEY 3D BIO TENANT SPACE 500 sf REMOVE EXISTING STAIR. INFILL FLOOR TO ALLOW ACTIVE USE AT STREET FACE GANNETT / ITHACA JOURNAL TENANT SPACE WEST STATE / MLK STREET David J. Kuckuk AIA Leed AP 213 North Tioga #273 Ithaca, NY 14850 URBAN CORE LLC 123 W. State/MLK St. Ithaca, NY 14850A.02 URBAN CORE ITHACA 100s WEST Project108-114 W. Green St. FIRST FLOOR PLAN SCALE: 1/16 ” = 1’-0” 1 A.02 108-114 West Green StIthaca Photo BuildingFirst Floor Renovation2017 07 24TENANT SPACE #3 2200 sf HIGH BAY EXIT/ACCESS CORRIDOR TENANT SPACE #2C 375 sf TENANT SPACE #2B 450 sf TENANT SPACE #2A 320 sf ACCESSIBLE TOILETS SERVICE & MAINTENANCE TENANT SPACE #1 1100 sf STAIR ACCESS TO SECOND FLOOR (both sides) FACADE RENOVATIONS TO REESTABLISH HISTORIC; INCLUDING CLEANING & POINTING OF MASONRY; REPLACEMENT FENESTRATION; RECONSTRUCTION & REFINISHING OF CORNICES AND BAYS; NEW LIGHTING & SIGNAGE DP DOUGH TENANT SPACE PRESS BAY COURT OUTDOOR FESTIVAL SPACE David J. Kuckuk AIA Leed AP 213 North Tioga #273 Ithaca, NY 14850 URBAN CORE LLC 123 W. State/MLK St. Ithaca, NY 14850A.03 URBAN CORE ITHACA 100s WEST Project108-114 W. Green St. SECOND FLOOR PLAN SCALE: 1/8 ” = 1’-0” 1 A.03 108-114 West Green StIthaca Photo BuildingSecond Floor Renovation2017 07 24APARTMENT #1 ONE BEDROOM 600 sf +PORCHES SCREENED PORCHSCREENED PORCH KITCHEN KITCHEN KITCHEN KITCHEN LIVING/DINING LIVING/DINING LIVING/DINING LIVING/DINING BEDROOM (QUEEN) BEDROOM (QUEEN) BEDROOM (QUEEN) BEDROOM (QUEEN) ENTRY PORCH ENTRY PORCH APARTMENT #4 ONE BEDROOM 580 sf APARTMENT #2 ONE BEDROOM 660 sf +PORCHES APARTMENT #3 ONE BEDROOM 510 sf David J. Kuckuk AIA Leed AP 213 North Tioga #273 Ithaca, NY 14850 URBAN CORE LLC 123 W. State/MLK St. Ithaca, NY 14850A.04 URBAN CORE ITHACA 100s WEST Project108-114 West Green StIthaca Photo BuildingExterior Views of Project2017 07 24108-114 W. Green St. GREEN ST. LOOKING EAST NTS 1 A.04 108-114 W. Green St. GREEN ST. LOOKING NORTH NTS 2 A.04 108-114 W. Green St. GREEN ST. LOOKING WEST NTS 3 A.04 PRESS BAY ALLEY MARKETPLACE (EXISTING) PRESS BAY COURT 108-114 WEST GREEN ST L David J. Kuckuk AIA Leed AP 213 North Tioga #273 Ithaca, NY 14850 URBAN CORE LLC 123 W. State/MLK St. Ithaca, NY 14850A.05 URBAN CORE ITHACA 100s WEST Project108-114 West Green StIthaca Photo BuildingExterior Views of Project2017 07 24108-114 W. Green St. PRESS BAY COURT NTS 1 A.05 PRESS BAY ALLEY EXISTING MARKETPLACE NEW CONNECTION THROUGH PRESS BAY TO PRESS BAY COURT AMPHITHEATRE/ PERFORMANCE STEPS AND STAGE FLEXIBLE HARDSCAPE FOR EVENTS, PERFORMANCES, FESTIVALS & DAILY USE STOREFRONTS OPEN TO COURT FOR EXPANDED TENANT USE (AS IN PRESS BAY ALLEY) NEW VEGETATION & STREETSCAPE NEW ACCESSIBLE ENTRY NEW STREETSCAPE IDENTITY PROGRAM UPUPC06 ‐SteamTableP04 ‐IceMachineP01 ‐ThreeBay SinkP02 ‐DishwasherRS09 ‐ReachinFreezerRS08 ‐SingleDoor FridgeRS01 ‐Ref.Chef BaseRS02 ‐RefrigeratedWorktopRS03 ‐SandwichStationC05 ‐SalamandarC03 ‐FryerC04 ‐SunfireRangeC02 ‐GasCharbroilerP03 ‐HandwashSinkC07 ‐ElectricGriddleC01 ‐GasGriddleC03 ‐FryerP08 ‐MopSinkRS06 ‐ChestFreezer5'‐0"DRY STORAGE30"30"30"30"30"30"30"30"30"COUNTER UNDER STAIRPICK UP WINDOW FOR FOLKS IN ALLEYOVERHEAD ROLL UP DOOR (SPACE CAN BE COMPLETELY OPEN WHEN BUSINESS IS OPEN)180 DEGREE DOOR ON HOLD OPEN SO SPACE CAN FEEL COMPLETELY CONNECTED TO STAIR WHILE OPENORDERING & POINT OF SALE SHELF STORAGE ABOVE10'‐0"HOOD ABOVE17'‐0"12 SEATS10 SEATS3 SEATS16 SEATS3 SEATSSERVICE ZONEPREP ZONEUNDER COUNTER STORAGEUNDER COUNTER STORAGEENTRYBAR SEATING IN FRONT OF FOOD SERVICE/COOK ZONE44 TOTAL SEATSABCDEFGHCLIENT NAME:ArchitectureConstructionFurniture1672 Slaterville RoadIthaca, New York14850tradedesignbuild.comPROJECT ADDRESS:ABCDEFGH123456123456PROJECT NO:PROJECT DETAILSPROJECT NAME:DRAWN BY:ISSUE DATE:DRAWING DETAILSDRAWING NAME:DRAWING NO:REVISION SCHEDULE© 2013 TRADE DESIGN BUILD© 2013 TRADE DESIGN BUILDThese drawings and specifications including the design and arrangements represented herein are the property of Trade Design Build. No part thereof shall be copied, disclosed to others, or used in conjunction with any work or project other than that for which they have been prepared without theexpress consent of Trade Design Build.  CONSULTANT DETAILS20170014COREY AND KEVINALDEMAN7/6/2017MICHAEL BARNOSKIA1.01121 WEST STATE STITHACA, NEW YORK14850"THE BICKERING TWINS" ‐RENOVATIONS TO 121 WESTSTATE STREETFLOOR PLAN3/8" = 1'‐0"A1LOWER FLOOR PLANNREVISION NO.ISSUE DATE CLIENT NAME:1672 Slaterville RoadIthaca, New York14850tradedesignbuild.comPROJECT ADDRESS:PROJECT NO:PROJECT NAME:DRAWN BY:ISSUE DATE:DRAWING NAME:DRAWING NO:AP2.0120170014COREY AND KEVINALDEMAN121 WEST STATE STITHACA, NEW YORK 14850BICKERING TWINS7/6/2017MICHAEL BARNOSKIVIEW FROM FRONT CLIENT NAME:1672 Slaterville RoadIthaca, New York14850tradedesignbuild.comPROJECT ADDRESS:PROJECT NO:PROJECT NAME:DRAWN BY:ISSUE DATE:DRAWING NAME:DRAWING NO:AP2.0220170014COREY AND KEVINALDEMAN121 WEST STATE STITHACA, NEW YORK 14850BICKERING TWINS7/6/2017MICHAEL BARNOSKIVIEW FROM STAIR TO: Planning & Economic Development Committee FROM: Megan Wilson, Senior Planner DATE: November 2, 2017 RE: Proposed Public Art Projects The City’s Public Art Commission (PAC) has recommended two projects for Common Council’s consideration. The first is a proposal for a new electrical box mural at the intersection of E. State/MLK Street and Stewart Avenue. Todd Ayoung has submitted a proposal, titled “Art After Freedom is a Constant Struggle,” that depicts drawings he made in response to a reading. The PAC identified the proposed location and circulated the proposal to surrounding property owners for comment. While a quorum was not present, the PAC members in attendance recommended the project for approval by the Common Council. Please note that while Todd Ayoung is a member of the PAC, he was not present for the PAC’s discussion or decision on this proposal. The second project is a proposal from Jay Potter for a rotating mural installation on the rear façade of a workshop at the Water & Sewer facilities on First Street. The mural will be visible from Franklin Street. The attached design represents the first mural proposal for this location. Mr. Potter will work with other artists to install subsequent murals on a regular basis, and he is seeking Common Council approval for a rotating mural exhibit. The arrangement would be similar to the existing agreement for the handball court in Wood Street Park. Mr. Potter curates and maintains the murals on the handball court wall. He works with local and visiting artists to paint new murals regularly and does not have each design approved by the Common Council, provided the design meets the agreed upon criteria. For the proposed location, an agreement with the City would require that:  Each new artwork is appropriate for all ages;  Animals and/or portraits will be integrated with colorful designs;  Artworks will be of high-quality;  Artworks will be maintained from weathering, paint deterioration, fading, vandalism, etc.; and  Artworks will not be religious or political in nature. The PAC reviewed this proposal at its October meeting as well. While a quorum was not present, the PAC members in attendance recommended that Common Council approve the rotating mural installation for a period of five years. At the end of the five years, the agreement could be renewed with subsequent Council approval. The PAC also encouraged Mr. Potter to work with a diverse group of artists in his future collaborations. Both proposals are attached for your review. Staff will attend the Planning and Economic Development Committee meeting on November 8th to answer any questions. Please feel free to contact me at mwilson@cityofithaca.org or 274-6560 if you have any questions prior to the meeting. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 JoAnn Cornish, Director DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org Planning & Economic Development Committee Proposed Resolution November 8, 2017 Resolution to Select Artwork for E. State/MLK Street and Stewart Avenue Electrical Box WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including municipal electrical boxes throughout the city, by resolution on May 19, 2010, and WHEREAS, in 2012 the PAC launched a project to beautify 21 municipal electrical boxes through the creation of mini-murals, and subsequent rounds of the project were completed in 2014 and 2017, and WHEREAS, local artist Todd Ayoung has submitted his proposal for an electrical box mural, titled “Art After Freedom is a Constant Struggle,” and WHEREAS, after reviewing available locations and speaking with the artist, the PAC selected the electrical box at the intersection of E. State/MLK Street and Stewart Avenue as the proposed location for this mural, and WHEREAS, the PAC held public comment on the proposal at its meeting on October 26, 2017 and, while a quorum was not present, those members in attendance supported the installation of Todd Ayoung’s proposal “Art After Freedom is a Constant Struggle” on the electrical box at the intersection of E. State/MLK Street and Stewart Avenue; now, therefore, be it RESOLVED, that the City of Ithaca Common Council selects the proposal “Art After Freedom is a Constant Struggle” by Todd Ayoung to be installed on the electrical box at the intersection of E. State/MLK Street and Stewart Avenue and to be added to the City’s public art collection; and be it further RESOLVED, that the selected artist may proceed with the installation of his mural upon the execution of an agreement with the City (as reviewed by the City Attorney). Proposal: “Art After Freedom is a Constant Struggle” by Todd Ayoung Location: Electrical box at the intersection of E. State/MLK Street and Stewart Avenue “As a visual artist and avid reader, I find myself drawing in the margins, blank pages and between text of books I read. I am what French writer Roland Barthes calls a "writerly reader". This "writerly" activity is usually done in various colors in ballpoint pen, but primarily in blue, and incorporates both abstract, surreal, and or observational imagery (see ballpoint samples submitted), that has sci fi/biomorphic/geometric visual art representations. For my electric box proposal, I will present my sketches from the book Freedom is a Constant Struggle by Angela Y. Davis. The box will visualize fragments of book’s text interspersed/interacting with abstract, surreal and representational drawings . The surface of the box will be painted white, like a page of a book, and will have stenciled text (red and black) along with my mostly blue line rendered sketches.” Planning & Economic Development Committee Proposed Resolution November 8, 2017 Resolution to Select Artwork for a Rotating Mural Installation on Water & Sewer Workshop WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces, and WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an important cultural resource that contributes to quality of life and economic vitality and calls for the City’s continued support of public art, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including the Department of Public Works facilities on First Street, by resolution on May 19, 2010, and WHEREAS, local artist Jay Potter has submitted a proposal for a rotating mural installation on the rear façade of a workshop at the Water & Sewer facilities on First Street, and WHEREAS, Mr. Potter has submitted a design for the first installation that features the Spanish word “junta” and the “Painted Lady” butterfly, and the installation will change occasionally after this original design is painted, and WHEREAS, Mr. Potter will collaborate with other artists on future designs and will provide ongoing maintenance for the installation, and WHEREAS, each mural design will be appropriate for all ages, colorful, and of high quality and will not be religious or political in nature, and WHEREAS, the artist will donate his time and materials, and the mural installation will be budget-neutral to the City, and WHEREAS, the PAC held public comment on the proposal at its meeting on October 26, 2017 and, while a quorum was not present, those members in attendance supported the approval of a rotating installation by Jay Potter for a period of 5 years, with the option to renew, and encouraged the involvement of a diverse group of artists in future designs; now, therefore, be it RESOLVED, that the City of Ithaca Common Council selects Jay Potter to install and maintain a rotating mural installation on the rear façade of a Water & Sewer Workshop on First Street for a period of 5 years, with the option to renew with approval by Common Council; and be it further RESOLVED, that the selected artist may proceed with the installation of his mural upon the execution of an agreement with the City (as reviewed by the City Attorney). 1 Proposal: Rotating Mural Installation by Jay Potter Location: Water & Sewer Building (visible from Franklin Street) 2 “I am seeking wall space approval to produce rotating artworks on the rear wall of 421 Franklin St, with conditions as outlined below. The site location is a large plain white cinder block wall, (please see attached screenshot).  I believe positive, colorful, artwork would greatly enhance the space and immediate area.  All supplies for the initial and proceeding artworks to be provided free of charge by myself.  I am seeking a similar arrangement as with the hand ball wall at the Ithaca skateboard park, which I maintain, and rotate art collaborations with guest artists that I know are capable of producing high quality work in a professional manner. As with the hand ball wall at the Ithaca skateboard park agreement -- it is clearly understood that:  Each new artwork is always appropriate for all ages  Animals and/or portraits will be integrated with colorful designs  Artworks will be executed to a high quality. (please see attached samples)  Artworks will be maintained from weathering, paint deterioration, fading, vandalism, etc.  Artworks will not be religious or political in nature My objective is always to bring fun, colorful, energetic murals to a location that is void of color or creativity. (attached images are examples of the quality of work I intend to paint at this location) For the first mural at this space I am proposing to paint the 'Painted Lady' butterfly (see last two images attached), along with the sketch, which will be full of vibrant colors. 'Junta' is a word I selected to frequently paint while visiting Nicaragua. Junta: The Spanish junta (“together”) comes from the Latin iunctus for “joined.” If you are together, then you are joined in one form or another. From the Latin root iunctus, we get the English joint. A joint, after all, is just the exact point where two different things come together!” 3 4 Previous Work Samples: 5 6 Proposed Resolution to Authorize Cornell MOU for Construction of Gate to “Ezra’s Tunnel” at  Ithaca Falls Park     Whereas, the Cornell University administration has expressed concern that the open  Western access to “Ezra’s Tunnel” at Ithaca Falls Park (hereafter “Western Access”) may pose a  potential hazard to public health and safety; and     Whereas, Cornell University (“Cornell”) has offered to construct a gate to the Western  Access (“Gate”) and grant it to the City of Ithaca;     Whereas, the City of Ithaca is willing to take ownership of the proposed   gate to the Western Access on certain terms and conditions; now therefore, be it    RESOLVED, that the Mayor, subject to the advice of the City Attorney and Director of Public  Works, is authorized to enter into a Memorandum of Understanding (“MOU”) concerning the  proposed Gate with Cornell containing, among others, terms approximating the following:    1. The plans and specifications for the Gate shall be prepared at the sole cost of  Cornell, for subsequent review by the City, including the Superintendent of Public  Works and Fire Chief.  2. The Gate shall have keyed access for emergency and maintenance personnel.  3. Cornell shall construct the Gate at its sole cost and expense.  4. Cornell and its contractors shall provide proof of insurance naming the City of Ithaca  as additional insured in form and amount reasonably approved by the City Attorney.  Cornell shall hold the City of Ithaca harmless from liability connected with the Gate  during construction and until the Gate site is turned over to the City of Ithaca.  Thereafter the City shall hold Cornell harmless from liability connected with the  Gate.  5. The City of Ithaca shall take sole ownership of the Gate after the Gate is accepted by  the City.       CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 JoAnn Cornish, Director DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org To: Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: October 26, 2017 Re: Recommendations from the Waterfront Working Group to: 1.) Allow for Planned Unit Developments Citywide, and 2.) Expand the Boundaries of the Community Investment Incentive Tax Abatement Program A Waterfront Working Group consisting of 17 members of the public and City staff have been meeting since September of 2016 and has had in depth discussions on how to guide and encourage growth along the waterfront. New zoning was drafted by the WWG and adopted by the Common Council in August of 2016. The intent of the zoning was to create an active waterfront mixed use district that includes commercial, housing, industrial, and water related uses. As a part of the recommended zoning, the WWG recognized that the adopted zoning may not always allow for projects that may be beneficial to the community. Therefore, the WWG is further recommending that the City consider adopting legislation to allow for PUDs city wide, including in the waterfront districts. A PUD allows for the Common Council to approve projects that may not comply with the underlying zoning, if they are determined to provide benefits to the community that outweigh any impacts resulting from the noncompliance. Currently, the City only permits PUD applications for properties zoned industrial. The WWG strongly recommends that the Common Council consider expanding the PUD citywide. Staff further recommends that the City add a minimum size requirement in order to prevent every project from applying for a PUD rather than complying with the underlying zoning. It is recommended that a project be required to be located on a minimum of 2 contiguous acres in order to be eligible for a PUD. Additional language could be added to allow for Common Council to make exceptions to this rule if a project is found to be of particular importance and benefit to the community but are unable to meet the minimum size requirement. In addition, the WWG recognizes that the high cost of foundations in the waterfront area has been a detriment to development as witnessed by the lack of new buildings in this area for many years. The WWG further recommends that the City provide incentives for development in this area by expanding the boundaries of the CIITAP density district to include the waterfront districts. The group recommends that the City consider amending the CIITAP as follows:  Modify the existing 3 story minimum requirement for CIITAP to allow for 1 story industrial and water related uses.  Add a requirement. For any project with more than 10 residential units, 20% must be affordable in order to be eligible for CIITAP. If the Committee is in agreement, staff will draft ordinances for these two proposals for circulation and comment for the Committee to review. If you have any concerns or questions regarding this information, feel free to contact me at 274-6410. MEMORANDUM    TO: Common Council   FROM: Planning & Development Board   DATE: October 25, 2017   RE:  Planning Board Recommendations on the Proposed Downtown and Collegetown Design Guidelines     At their October 24, 2017 meeting, the Planning Board considered the Downtown Design Guidelines dated  August 2017 and prepared for the City of Ithaca by Winter & Company.   The Board submits the following  recommendation:    The Planning Board recommends adoption of the Downtown Design Guidelines provided that the following  changes are made:   Guidelines SD.31, BD.9, BD.11, and BD.17are made priority guidelines; and   Numerous clarifications and non‐substantive revisions to the text are incorporated.     The full list of clarifications and non‐substantive revisions is available for review.  Please contact Megan  Wilson at mwilson@cityofithaca.org or 274‐6560 for more information.                         The Planning Board will consider the Collegetown Design Guidelines at its meeting on October 24, 2017 and  will provide its recommendation following that meeting.  The Board understands that zoning changes are  needed for the Collegetown Area Form Districts (CAFD) and feels that any zoning changes should be  considered concurrently with the Design Guidelines.     CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 JoAnn Cornish, Director DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org City of Ithaca Planning & Economic Development Committee Wednesday, September 13, 2017 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Cynthia Brock, Rob Gearhart, and Stephen Smith Committee Members Absent: None Other Elected Officials Attending: Mayor Svante Myrick (at 8:00 p.m.), Alderpersons George McGonigal, Graham Kerslick; and Nguyen Ducson Staff Attending: JoAnn Cornish, Director, Planning and Development Department; Jennifer Kusznir, Senior Planner; Gino Leonardi, Zoning Administrator; Nels Bohn, Director of Ithaca Urban Renewal Agency; Deborah Grunder, Executive Assistant Others Attending: None Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review Item 6a was moved up in the agenda. It followed the public hearing. 2) Special Order of Business a) Public Hearing – Report and Public Hearing – Development of the Assessment of Fair Housing (AFH) Prior to opening the public hearing, Nels Bohn provided an explanation and purpose of the public hearing. Alderperson Smith moved to open the public hearing; seconded by Alderperson Brock. Carried unanimously. Denise Katzman, 309 Center Street, tenant rights must be protected. There have been numerous complaints from off-campus housing. Hancock Street leases are signed without reading it completely and a copy is not supplied. Alderperson Gearhart moved to close the public hearing; seconded by Alderperson Brock. Carried unanimously. 3) Public Comment and Response from Committee Members Fay Gougakis, 171 East State Street, spoke on the lack of signage on the Commons and enforcement of the signage. She also stated her disapproval of the painting of the bicycle racks. There is too much development in the middle of the City in too short of a period. Sarah Hess, supports the Cayuga Lake resolution. Cargill has plans of expanding. They can expand either underground or under water. Digging under land is the much better option. Cargill should provide a risk assessment of the proposed expansion. She urges the City to pass this resolution and force the DEC to prepare the necessary environmental review. Tom Shelley, 118 East Court Street. He supports the resolution regarding the Cargill resolution. He also supports the historic designation for the Larkin Building. He further stated he encourages the City to pass a moratorium for the South Hill neighborhood. John Graves, 319 Pleasant, spoke regarding the current South Hill development. It is out of control. We need to change the zoning from R1 to R2 in this area. This will provide adequate, safe housing for our students. Verlaine Boy, 315 Pleasant Street. There has always been a few tenant homes. Over the many years she has lived at her current residence, the neighborhood has changed significantly. The noise ordinance is often broken. Trash is all over the yards. I have rats in my garden for the first time since residing there. Richard Guttridge, 216 S. Geneva Street. He is aware of the new proposed development for the Green Street Garage. He would like to ask that rather than go project by project that the City look at the whole ball of wax. Are there tax incentives to address affordable housing? We are going to lose a number of residents because they cannot afford to remain living in the City. Deborah Dawson, 51 Dart Drive, Village of Lansing. She supports the resolution of the Cargill Salt Mine. They submit an annual environmental report to a DEC expert. Cargill is a generous contributor to the Lansing community. She would like to see an objective review of the mining north of the current location. The environmental laws need to be enforced. Karl Pillemer, 135 Hudson Street. There should be no confusion as to what is happening on South Hill. In-fill leads to increase crime, more cars, more noise, and less green space. Theresa Alt, 206 Eddy Street, spoke on the proposed Green Street project. Stand fast when developers claim they cannot provide the lower income portion of the resolution in tonight’s packet. Dan Hoffman, 415 Elm Street, spoke on the Community Gardens. The loss of any community gardens would be a setback. If the community gardens property is lost to the Cayuga Medical Center, there won’t be an alternative for the gardens and Cayuga Medical will use that land as parking. John Dennis, 873 Grump Hill Place (???). He spoke in favor of the proposed resolution regarding the Cargill Mine Shaft project. There was no public comment prior to the go ahead of this project. There is no proof that there is any geologists on staff at the plant. John Schroeder, 618 Stewart Avenue, spoke on the balance of the City. He truly believes that the balance in the South Hill area has started to suffer. The Collegetown area should also be kept in tack. The historical buildings that remain in Collegetown should be kept as such. He encourages we keep the Larkin Building as is. David Lubin, 193 Dragt Hill Road, Elmira. He is the owner and developer of the Harold Square project. He spoke against the proposed Green Street Garage project. Todd Foxx, Ithaca. He is a local developer and has a lot of trepidation of the Green Street Garage project. There are a lot of local developers that can do such a project similar to the out of the area developers. He would like the City to go slow in their decision on this project. Karen Friedeborn, 877 Bostwick Road, spoke on affordable housing. She urges the City to require the project to include low and moderate income housing. We need to maintain the City as a place that is affordable to live in. Brian Eden, 147 N. Sunset Drive, Town of Ithaca. The mine signed an agreement to keep jurisdiction with Cargill. Why hasn’t DEC required an environmental review? Kenny Broadwell, 218 Columbia Street, spoke on the current South Hill development. He has lived there since 1993. It has always been a student housing neighborhood. He stated that the Planning Board should be more involved with new development. He is satisfied with the changes the owner of 210 Columbia Street has made. Sheryl Swink, 321 North Albany Street. Encourages more low-to-moderate income housing with open space in proximity of this housing. Jesse Hill, 107 Grandview, spoke on the re-zoning of South Hill. The problems on the hill are very real. A moratorium isn’t the solution. Development on South Hill is already restricted due to lot size, etc. It will not help the need for low income housing. He lived on Pleasant Street growing up. He moved back to Grandview. He loves it. There is a lot of diversity in the area. We all get alone. Developers and Common Council need to remember that housing is needed not just for students. Denise Katzman, 309 Center Street, spoke on the environmental review of the Cargill Salt Mine, and is in favor of the resolution. 4) Updates, Announcements, Reports JoAnn Cornish stated that we received the design guidelines which should be on the website in the near future. We will see them at next month’s meeting. 5) Action Items (Voting to send onto Council) a) Green Street Garage Re-development (with brief presentation from Ithaca Properties LLC and Peak Campus) Josh Trasher spoke on behalf of all. The project includes the reconstruction of the garage from 410 parking spaces to 500+. The eastern portion of the project will include a conference center. Residential living between the Commons and Green Street will also be included. Mayor Myrick joined the meeting at 8:00 p.m. Transfer of Property at 120 E. Green Street to the IURA to Structure a Proposed Urban Renewal Project Subject to Common Council Approval – Lead Agency Moved by Alderperson Smith; seconded by Alderperson Gearhart. Carried unanimously. Whereas, the Common Council of the City of Ithaca is considering a proposal to transfer ownership of property located at 120 E. Green Street to the Ithaca Urban Renewal Agency (IURA) to structure a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project to redevelop the Green Street parking garage, and Whereas, State Law and Section 176-6 of the City Code require that a lead agency be established for the purpose of 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 transfer of less than 2.5 acres of land is an “Unlisted” action pursuant to the City Environmental Quality Review Ordinance (“CEQR”), which requires environmental review under CEQR; and Whereas, the property to be transferred at 120 E. Green Street is 1.45 acres in size; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself Lead Agency for the environmental review of the transfer of property located at 120 E. Green Street (tax parcel #70.-4-5.2) to the IURA for the purpose of structuring a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project subject to approval by Common Council. Transfer of Property at 120 E. Green Street to the IURA to Structure a Proposed Urban Renewal Project Subject to Common Council Approval – Environmental Review Moved by Alderperson Smith; seconded by Alderperson Brock. Carried unanimously. WHEREAS, the Common Council of the City of Ithaca is considering a proposal to transfer ownership of property located at 120 E. Green Street to the Ithaca Urban Renewal Agency (IURA) to structure a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project subject to approval by Common Council, and WHEREAS, the proposed urban renewal project will undergo separate environmental review as part of the site plan review process, and WHEREAS, the proposed urban renewal project is not fully defined or designed at this time, nor possible without acquisition of City-owned land, therefore an analysis of potentially significant adverse impacts of a yet-to-be defined urban renewal project at the site of the Green Street parking garage is not feasible at this time, and WHEREAS, as part of the site plan review process, the Planning Board regularly conducts rigorous and thorough environmental review of all aspects of the proposed development project that comes before it, and WHEREAS, pursuant to §176-6(F)(1)(b) of the City Environmental Quality Review Ordinance, the reestablishment of a Lead Agency may occur “upon failure of the Lead Agency’s basis of jurisdiction,” so that the Planning Board may subsequently assume the role of Lead Agency for the environmental review for the site plan review of the proposed hotel project, and WHEREAS, the proposed action for transfer of city-owned property of less than 2.5 acres is an “Unlisted Action” under the City Environmental Quality Review Ordinance, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that circumstances warrant a segmented review of this property transfer from other stages of the proposed urban renewal project and that subsequent environmental review of the proposed project during the required site plan review process will be no less protective of the environment, and be it further RESOLVED, that the Common Council, as Lead Agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Short Environmental Assessment Form, and be it further RESOLVED, that this Common Council, as Lead Agency in this matter, hereby determines that the proposed action at issue will not have 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. Transfer of Property at 120 E. Green Street to the IURA to Structure a Proposed Urban Renewal Project Subject to Common Council Approval – Action WHEREAS, a developer has approached the City to acquire and redevelop the Green Street Parking Garage property (Garage) for a proposed mixed-use project including the following elements:  An approximately 25,000 square foot conference center;  Approximately 350 housing units;  Street level active uses along Green Street;  Retention of the Cinemapolis movie theater;  Approximately 450 parking spaces open to the public, and WHEREAS, the City of Ithaca owns tax parcel #70.-4-5.2 located at 120 E. Green Street, a 1.45 acre parcel of which approximately 1.25 acres contains the Garage that is located within a CBD-140 zoning district, and WHEREAS, the Green Street parking garage parcel provides approximately 415 parking spaces currently, and WHEREAS, the western and central sections of the Garage are located on the City- owned tax parcel #70.-4-5.2 and the eastern section is located on air rights over property owned by Ithaca Properties LLC, and WHEREAS, the prospective developer team who approached the City to redevelop the Garage includes Jeffrey Rimland, the managing member of Ithaca Properties LLC who owns the land under the eastern section of the Green Garage, and WHEREAS, the Garage was constructed in 1974 and a recent structural evaluation of the western and eastern sections of the garage found significant structural problems that are estimated to require a substantial investment to extend the useful life of the garage, and WHEREAS, §507 of General Municipal Law authorizes the IURA to negotiate sale of public land with a Qualified and Eligible Sponsor (“Preferred Developer”) to undertake an urban renewal project, which proposed sale and development agreement is subject to public hearing and approval by the Common Council, and WHEREAS, the primary objective of the Urban Renewal Plan is to improve the economic, social and physical characteristics of the project neighborhood, and WHEREAS, City policy requires the Board of Public Works to declare City-owned property surplus for public works purposes prior to any transfer of City-owned property, and WHEREAS, Plan Ithaca, the City of Ithaca comprehensive plan, supports compact, mixed-use development located near transit hubs and an increased supply of housing at different levels of affordability, and WHEREAS, environmental review has been completed on this proposed action; now, therefore, be it 1. RESOLVED, that the Common Council hereby authorizes transfer of the Green Street Parking Garage property located at 120 E. Green Street (tax parcel #70.-4- 5.2) to the IURA, via an option agreement, for the purpose of structuring a proposed property sale and development agreement with a preferred developer to undertake an urban renewal project subject to approval by Common Council, and be it further 2. RESOLVED, that such option agreement shall contain the following seller contingencies to be satisfied prior to closing: A. Determination by the Board of Public Works that the land and air rights to be conveyed for the redevelopment project is surplus for public works purposes; B. Discharge of mortgage, or consent of property transfer, by M&T Bank who holds a leasehold mortgage on the Green Garage as security for bonds issued to construct the public portions of the Cayuga Green project; C. Determination of exact boundaries of the parcel to be conveyed; D. Common Council approval of the proposed sale and development agreement with the developer following publication of a legal notice disclosing the essential terms of the proposed sale and development project and a public hearing on the proposed project, and be it further 3. RESOLVED, the Common Council directs the IURA to seek out the following programmatic elements to be included in the project: A. An approximately 25,000 square foot conference center; B. Approximately 350 housing units specially designed to appeal to a diverse demographic, including a substantial number of units to be affordable to low and/or middle income households; C. Street-level active uses along Green Street; D. Retention of the Cinemapolis movie theater & a public walkway between Green Street and the Commons; E. Approximately 450 parking spaces open to the public, of which at least 90 will be available for short-term parking; and be it further 4. RESOLVED, that the following issues are to be resolved through negotiation to the satisfaction of the IURA and City: A. Disposition of the parking agreement for Marriott hotel guests; B. Compliance with the Downtown Design Guidelines; C. Coordination and compatibility with adjacent properties/uses and the Downtown Ithaca Alliance’s 2020 Strategic Plan; D. Pricing and management of parking available to the public; E. Disposition of outstanding municipal bonds issued for the Green Street Parking Garage; F. Taxable status of the project; G. Customer access to Cinemapolis during all phases of the project; H. Relocation of municipal garbage, recycling and storage functions currently operating at the project site; I. Establishment of boundaries of the parcel to be conveyed; J. Sales price; and be it further 5. RESOLVED, that net proceeds from sale of City-owned land to a Preferred Developer shall be paid to the City, and be it further 6. RESOLVED, that the Mayor, upon review by the City Attorney, is hereby authorized to implement this resolution, including execution of any and all instruments necessary to execute an option agreement with the Ithaca Urban Renewal Agency, and be if further 7. RESOLVED, that the IURA shall be reimbursed for costs incurred to develop the proposed urban renewal project from lease or loan payments the IURA collects on behalf of the City. b) Designation of the Larkin Building at 403 College Avenue as a Historic Local Landmark Alderperson Brock asked the owner of the building what his thoughts are about it being designated historic. He is not in favor of it only because the materials used when built are not safe. There have been a number of fires to existing around the area. Bryan McCracken stated that the materials used at the time of constructing were fire resistant. Alderperson Brock stated she is not in favor to supporting the designation. Alderperson Smith stated he thinks that this building does bring character to the street. What is significantly significant? Bryan McCracken stated that this property meet three of the five criteria the ILPC reviews when deciding historic significance. c) Resolution Requesting Environmental Review of Proposed Cargill Mine Shaft Objecting to the DEC Permitting Cargill Mine Expansion Without Proper Environmental Review Moved by Alderperson Brock; seconded by Alderperson Gearhart. Passed unanimously. WHEREAS the first Cayuga Salt Mine shaft was drilled in 1915 and Cargill, Inc. (“Cargill”)’s permitted mining reserves extend into the Town of Lansing, Town of Ulysses, and south into the southern end of Cayuga Lake to within one mile of the City of Ithaca; and WHEREAS, the City of Ithaca recognizes the economic, social, recreational, and ecological importance of Cayuga Lake and its watershed to the State and to the local community; and WHEREAS New York has established the State Environmental Quality Review (SEQR) process to systematically consider environmental factors early in the planning stages of actions and projects that are directly undertaken, funded or approved by local, regional and state agencies;1 and WHEREAS environmental review early in the planning stages allows a project to be vetted, and modified as needed, to avoid adverse impacts on the environment;2 and WHEREAS Cargill’s proposed shaft construction, the mining of the one‐mile connecting tunnel, and expanded salt mining have potential adverse impacts that have not been properly reviewed and vetted under SEQR in contrast to the Hampton Corners Salt Mine in Livingston County which is carrying out its second Draft Environmental Impact Statement; and 1 6 NYCRR Part 617; SEQR Handbook, 3rd Edition, 2010, Introduction 2 Ibid. WHEREAS adverse impacts include impacts on local water resources, including groundwater and the waters of Cayuga Lake and various ways in which substantial quantities of salt would be incidentally brought into contact with such local water resources, not only during current mining operations but also during the post‐ operational period after the mine is closed and abandoned; and WHEREAS “the abandonment of dry salt mines raises a difficult problem, as post‐ abandonment mine flooding is, in most cases, highly probable, with possible severe consequences at ground level;”3 and WHEREAS “the majority of salt mines succumb to collapse and flooding”4 and “flooding, whether intentional or inadvertent, is …‘game over’ for successful containment or control of the salinity associated with the brine that will inevitably be squeezed out of the mine;”5 and WHEREAS since 1975, and despite several applications for mine expansion by Cargill, the NYSDEC has never requested a full environmental impact study of the mining risks; and WHEREAS the 1994 collapse and flooding of the Retsof salt mine in Livingston County and subsequent salinization of an adjacent fresh water aquifer provide an example of various adverse impacts and some of the factors implicated in salt‐mine collapse; and WHEREAS these and other potential adverse impacts on the environment should be subject to full and proper environmental review under SEQR; and WHEREAS the NYSDEC reviewed the Cargill Shaft 4 project and concluded that the action meets their standards, and on 16 August 2017 issued an applicable permit without full environmental review of the project in its entirety; now therefore, be it RESOLVED that the City of Ithaca joins with other Cayuga Lake stakeholders in a soon‐to‐be‐filed Article 78 proceeding to require environmental review under SEQR pertaining to Cargill’s Shaft 4 project and all proposed construction and expansion of the Cargill Mine; and be it further RESOLVED that a copy of this resolution be forwarded by the City Clerk to Governor Andrew Cuomo, NYSDEC Commissioner Basil Seggos, State Senators Patricia Helming and Thomas O’Mara, Senate Leader John Flanagan, Senate Minority Leader Andrea Stewart‐Cousins, Assemblywoman Barbara Lifton, Assembly Speaker Carl Heastie, Assembly Minority leader Brian Kolb, Chair of the Assembly’s Standing Committee on Environmental Conservation Steve Englebright, Village of Trumansburg Mayor Martin Petrovic, and Tompkins County Legislature Chair Michael Lane. 3 P. Bérest, B. Brouard, and B. Feuga, Dry Mine Abandonment, Abstract, Solution Mining Research Institute (SMRI) Technical Conference Paper, Wichita, KS, Spring 2004. (http://www.brouard- consulting.com/sites/default/files/smri-wichita.pdf) 4 A. Michalski, 1/31/17 comment letter to DEC. 5 R. Vaughan, 12/9/16 comment letter to DEC. 6) Action Items (Approval to Circulate) a) Proposal to Restrict South Hill In-fill Development Gino Leonardi stated that a moratorium will stop any type of development. A deadline would also need to be decided. There are three options to consider. They are: (1) Halt all development; (2) Rezone to R1-a; or (3) Create an overlay zoning district Alderperson Brock stated she was unaware that the committee would need to choose one of the options and circulate. If the area was rezoned to R-1a, that would create many issues and work for many people. Any option chosen may be a permanent solution. The study of the South Hill area would determine that. Alderperson Brock motioned to circulate Option 3; Alderperson Gearhart seconded it. Carried unanimously. 7) Review and Approval of Minutes a) August 2017 Moved by Alderperson Smith; seconded by Alderperson Gearhart. Passed unanimously. 8) Adjournment Moved by Alderperson Smith; seconded by Alderperson Gearhart. Passed unanimously. The meeting was adjourned at 9:10 p.m. City of Ithaca Planning & Economic Development Committee Wednesday, October 11, 2017 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Cynthia Brock, Rob Gearhart, Michael Decatur, and Stephen Smith Committee Members Absent: None Other Elected Officials Attending: None Staff Attending: JoAnn Cornish, Director, Planning and Development Department; Jennifer Kusznir, Senior Planner; Megan Wilson, Senior Planner; Bryan McCracken, Historic Preservation Planner; Nels Bohn, Director of Ithaca Urban Renewal Agency; Anisa Mendizabal, IURA Community Planner; Deborah Grunder, Executive Assistant Others Attending: None Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review The Collegetown and Downtown Design Guidelines presentation and the vote to circulate were moved to the front of the meeting agenda. Alderperson Brock asked before this goes to a vote, she would like to see the zoning changes. 2) Special Order of Business a) Design Guidelines for Collegetown and Downtown Megan Wilson presented the guidelines to the group. The presentation can be found at the following links: Collegetown:  http://www.cityofithaca.org/DocumentCenter/Home/View/6923  Downtown:   http://www.cityofithaca.org/DocumentCenter/Home/View/6924  b) Public Hearing – South Hill Overlay District Alderperson Brock moved to open the public hearing; seconded by Alderperson Smith. Carried Unanimously. Steve Rogers, 152 Coddington Road, spoke in favor of the implementation of the overlay district. Jes Seaver. 218 Coddington Road. She lives across from the controversial site at 217 Coddington Road that began this overlay district. She is happy that the developer has changed his plan to focus on single family homes rather than rental property. She would like to see Council focus more on the student behavior. Kenny Broadwell, 218 Coddington Road. He mirrors the comments of his spouse Jes Seaver. They are currently in the building permit and site plan review of their current project. He asks for some time before this goes into effect. Patrick Braga, 118 Prospect Street, supports the overlay district proposal as a temporary measure. In fills should attract families to keep the neighborhood a more family friendly neighborhood. Kurt Martin, 311 Turner Place, he and his partner value the student population to help enrich the neighborhood. He defined the term in-fill. He stated that this does not follow the Comprehensive Plan. Ken Young, 228 Columbia Street, is in favor the proposed overlay district. John Efroymson (sp?), 407 Columbia Street, is in favor of the overlay district proposal. He’s been a member of the neighborhood for years. We are on the brink of our neighborhoods going away from families. John Graves, 319 Pleasant Street. The majority of these properties are in the R1 and R2 zones. Permanent residents living with undergraduates is challenging but is worth working on. An interim overlay district is a must until the City can review this neighborhood using the guidelines of the Comprehensive Plan. Jessie Hill, changing the zoning in this area will not solve the current issues. When will the City accept that Ithaca is a Collegetown? Those who want to build then decide to rent to a student will run into problems because the City won’t let it happen. Alderperson Smith moved to close the public hearing; seconded by Alderperson Brock. Carried Unanimously. c) Public Hearing – Assessment of Fair Housing Alderperson Brock moved to open the public hearing; seconded by Alderperson Smith. Carried unanimously. Denise Katzman, 309 Center Street, spoke in favor of the fair housing assessment. We need to take care of the current and future tenants. Housing crisis occur in many cities. The United States spends $1.2 M a year in homelessness. We should focus on fair housing first. Alderperson Brock moved to close the public hearing; seconded by Alderperson Smith. Carried Unanimously. 3) Public Comment and Response from Committee Members Patrick Braga, 118 Prospect Street, spoke regarding the Collegetown and Downtown Guidelines. We need to review what the samples we are looking at to help determine these guidelines. They need to be consistent with our local landscape. Dan Hoffman, 915 Elm Street, has many years of Ithaca experience in many different arenas – student, council member, city attorney – spoke in support of the historic designation of the Chacona Block to be a blend of different styles and eras. Caroline O’Malley, 212 Center Street and Historic Ithaca. She fully supports the designation of the Chacona Block. It blends the old and the new of street scape Alphonse Pieper, 139 Ithaca Road, supports the designation of the Chacona Block. His written comments are included with these minutes. Nancy Break, 5214 Jacksonville Road, supports the designation of the Chacona Block. When we lose old buildings, we lose a bit of ourselves. Ithaca is a city who claims to support the green practices. This is one way to do so. Kyle Karnes, Student Agencies, 409 College Avenue, he fully respects and understands the meaning of landmark designation. In terms of these buildings, they need to be replaced. They were not build to remain standing. He asks the City to reject the designation of the Chacona Block. Wendy Wilcox, 220 Bryant Avenue. In the case of the Nines, 411 College Avenue, the profits made will be used to further the commitment of students. There has been a recent trend where parents buy homes in the Collegetown area for their children to live. She encourages the City to not designate the Chacona Block. Brad Edmundson, 106 Short Street, has worked at Cornell Sun for years. A lot of their workers are students. Student Agencies do a large amount of good. He urges Student Agencies be allowed to continue as they are without designation. Frost Travis, 204 White Park Road, is in favor of Student Agencies. If this building is designated, we add a huge of financial hardship to make any changes. He encourages the City not to designate this building. Nick Lambrou, 405 Eddy Street, stated that he has always had good experiences with the ILPC. I believe the historic designation is valuable. Zachary Shulman, 417 Hudson Street, supports the non-designation of the Chacona Block. It houses Students Agencies which has provided a lot to the City. Collegetown Bagels is housed in the Chacona Block. It’s the CTB business that make the building what it is. If you landmark the building, you will burden Student Agencies. Ravi Meel, 5076 Cold Springs Road, does not support the designation of the Chacona Block. Ken Rother, 954 Coddington Road, does not support the designation of the Chacona Block. It will seriously deflate any continuation of Students Agencies. G. Lincoln Morse, 720 Willow Avenue, spoke against the designation of the Chacona Block. He has many years of experience in remodeling, etc. He does not know how to fix the façade of this building. Steve Hugo, 111 Center Street, is not in favor of the designation. Not all old buildings are good. Surely new development could favor this area as a gateway to the City. Yamila Fournier, Village of Lansing, works for Whitham Consulting. This is not a great building. An engineering report from Tatum Engineering states that this building is beyond its reasonable life. Scott Whitham, City of Ithaca, he urges the City to not designate this property and allow Student Agencies to update and renovate this building. Costa Lambrou, 309 Eddy Street, is a huge supporter of Student Agencies and why it’s important to keep this building as is and not designate. Madeline Leiber, 409 College Avenue, she too is a huge supporter of Student Agencies and how much they helped her. Mary Tomlan, 200 Delaware Avenue, City historian and neighbor. She sees this building as a great example of teaching those students helped by Student Agencies. The façade of the very simple Chacona Block is very subtle. Very composition of architecture that should not be easily dismissed. John Schroeder, 618 Stewart Avenue, he sees this building as a prime example of a designated building. This building was built to allow the Chacona family to work at their confectionary business. Historic designation is key. Kenny Broadwell, is an electrician who has worked on this building. He does not find this building is worth working on or renovating it. Alderperson Smith stated that there was large packet of information supplied by Student Agencies that did not make its way into the agenda packet, however, Common Council was provided this information. 4) Updates, Announcements, Reports No updates or announcements were given. 5) Action Items (Voting to send onto Council) (a)  Assessment of Fair Housing – HUD Entitlement Program    Moved by Alderperson Smith; seconded by Alderperson Gearhart.  Passed  unanimously.  WHEREAS, the City of Ithaca (City) receives an annual grant funding from the U.S.  Department of Housing & Urban Development (HUD) Entitlement program, which  requires the City to adopt and submit an Assessment of Fair Housing (AFH) by November  4, 2017 as a condition for continued funding, and    WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to  administer, implement and monitor the City’s HUD Entitlement program in compliance  with all applicable regulations, and    WHEREAS, the IURA has conducted community engagement activities, analyzed fair  housing issues and completed a draft Assessment of Fair Housing (AFH), and     WHEREAS, Federal fair housing law prohibits discrimination based on race, color, religion,  national origin, sex, disability or familial status, and      WHEREAS, fair housing issues restrict housing choice and access to opportunity for  protected classes, and include:     Patterns of segregation   Racially or ethnically concentrated areas of poverty   Disparities in access to opportunity   Disproportionate housing need, and    WHEREAS, the AFH utilizes HUD‐provided data and local information to assess housing  issues; identifies contributing factors that create, contribute to, perpetuate or increase  the severity of one or more housing issues; and develops goals to address barriers to fair  housing, and     WHEREAS, a public hearing was held on September 13, 2017 during the development of  the AFH, and    WHEREAS, the draft AFH is available for a 30‐day comment period ending October 30,  2017, now, therefore, be it    RESOLVED, that the Common Council for the City of Ithaca hereby adopts the City of  Ithaca Assessment of Fair Housing, Ithaca, NY as amended to incorporate comments  received.         b) South Hill Overlay District An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” In Order to Create a South Hill Overlay District – Declaration of Lead Agency Moved by Alderperson Smith; seconded by Alderperson Gearhart. 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 “Type 1” 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 proposal to amending the Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” To Create a South Hill Overlay District. An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” In Order to Create a South Hill Overlay District – Declaration of Environmental Significance Moved by Alderperson Smith; seconded by Alderperson Brock. 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,” in order to create a South Hill Overlay District, and 2. WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form Parts 1, 2, and 3 (FEAF), dated September 15, 2007 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 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 Full Environmental Assessment Form, dated September 15, 2017 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. An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” in Order to Establish a South Hill Overlay District ORDINANCE NO. ____ Moved by Alderperson Brock; seconded by Alderperson Smith. Passed unanimously. 1. WHEREAS, residents of the South Hill neighborhood have expressed concerns that rapid in-fill development is taking place in the neighborhood and will have a drastic impact on both the aesthetic qualities and the character of the neighborhood, and WHEREAS, currently, this area is predominantly zoned R- 1b, R-2a and R-3b, and 2. WHEREAS, the R-1 and R-2 districts are intended to be lower density districts that are restricted to 1 and 2 family houses and larger lot sizes and these zones are usually located in areas where there are established owner occupied neighborhoods, and 3. WHEREAS, existing zoning regulations permit properties to construct multiple primary structures on a single tax parcel if they are able to meet the area requirements for each additional structure, and 4. WHEREAS, recent development projects in the South Hill neighborhood have been able to meet area requirements allowing development of multiple primary structures on one parcel, which has the potential to significantly change the character of this neighborhood, and 5. WHEREAS, in September of 2015, the Common Council adopted Plan Ithaca as Phase I of the City’s Comprehensive Plan and in 2016, the City began working on Phase II of the Comprehensive Plan, which is a series of neighborhood and area plans, and 6. WHEREAS, in order to allow residents to participate in creating a vision for this area and for the City to develop a plan for sensible growth and development, the City anticipates beginning work on an area plan for the South Hill neighborhood within the next year, and 7. WHEREAS, to ensure that any ongoing development while the plan is being developed supports the goals of the City’s Comprehensive Plan, the City is proposing the creation of an overlay zoning district that would restrict properties to constructing only one primary structure per tax parcel, and 8. WHEREAS, this overlay district will be used to establish the boundaries of the South Hill Study Area, and 9. WHEREAS, once the City completes the planning process for this area, it can determine whether there are locations where in-fill development is more appropriate and whether design guidelines are needed to ensure new development is in line with the neighborhood character, now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows: Section 1. Chapter 325 (“Zoning”), Section 325- 3(“Definitions and Word Usage”) of the Municipal Code of the City of Ithaca is hereby amended in order to add a definition of the term Primary Structure, to read as follows: Primary Structure A single structure (located on a parcel) containing a use permitted in the zoning district in which it is located. Section 2. Chapter 325 (“Zoning”), Section 325-4(“Zoning Districts”) of the Municipal Code of the City of Ithaca is hereby amended to add a South Hill Overlay District (SHOD). Section 3. Chapter 325, Section 325-5, Zoning Map of the Municipal Code of the City of Ithaca is hereby amended to create a South Hill Overlay District (SHOD) to include properties located within the boundaries displayed on the map entitled “Proposed Boundary for South Hill Overlay District-September 2017”, a copy of which is attached and shall be kept on file in the City Clerk’s office. Section 4. Chapter 325 (“Zoning”), Section 325-8(“District Regulations”) of the Municipal Code of the City of Ithaca is hereby amended to add a subsection 325-8E. Entitled “Additional Restrictions in the South Hill Area” to read as follows: E. Additional Restrictions in the South Hill Area (1) South Hill Overlay District Restrictions a. After the date of this ordinance, any property located within the South Hill Overlay District with a zoning designation of R-1 or R-2 is prohibited from constructing a primary structure on any parcel already containing one or more primary structures, and is prohibited from constructing more than one primary structure on a parcel containing no primary structures. The preceding sentence shall not impact future changes to primary structures existing prior to the effective date of this paragraph. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 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. Mayor Myrick joined the meeting at 8:45 p.m. c) Proposed Local Landmark Designation of the Chacona Block at 411-415 College Avenue A structural engineer was asked for his opinion on the building. The building is in good shape its age. The façade has deteriorated and no longer keeps water, etc. out of the building. In his opinion, he doesn’t think the façade can be saved. It would need to be replaced. Mayor Myrick stated he doesn’t think that this committee should designate this building. It’s not the building that makes it great, it’s the use of it. Moved by Alderperson Murtagh; seconded by no one. WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks Preservation Commission (ILPC) is responsible for recommending to Common Council the designation of identified structures or resources as individual landmarks and historic districts within the city, and WHEREAS, on August 8, 2017, the ILPC concluded a public hearing for the purpose of considering a proposal to designate the Chacona Block at 411-415 College Avenue as a local landmark, and WHEREAS, the designation of a local landmark is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review, and WHEREAS, the ILPC found that the proposal meets criteria 1, 2, 3, 4, and 5 defining a “Local Landmark” under Section 228-3B of the Municipal Code and on August 8, 2017, voted to recommend the designation of the Chacona Block at 411-415 College Avenue, and WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning Board shall file a report with Common Council with respect to the relation of such designation to the comprehensive plan, the zoning law, projected public improvements and any plans for the renewal of the site or area involved, and WHEREAS, a copy of the Planning Board's report and recommendation for approval of the designation, adopted by resolution at the meeting held on September 26, 2017, has been reviewed by the Common Council, and WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within ninety days of said recommendation of designation, approve, disapprove or refer back to the ILPC for modification of same; now, therefore, be it RESOLVED, that the Common Council finds that the designation [is/is not] compatible with and [will/will not] conflict with the comprehensive plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved, and be it further RESOLVED, that the Chacona Block at 411-415 College Avenue, meets criteria for local designation, as set forth in the Municipal Code, as follows: 1. it possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or 2. it is identified with historically significant person(s) or event(s); or 3. it embodies the distinguishing characteristics of an architectural style; or is the work of a designer whose work has significantly influenced an age; or 4. represents an established and familiar visual feature of the community by virtue of its unique location or singular physical characteristics. RESOLVED, that the Ithaca Common Council [approves/disapproves] the designation of the Chacona Block at 411-415 College Avenue and the adjacent areas that are identified as tax parcel #64.-2-1 as a local landmark. RECORD OF VOTE: Moved by: 0 Seconded: 0 In favor: 0 Against: 0 Abstain: 0 Absent: 0 Vacancies: Chair Murtagh made a motion to move this resolution that failed in committee to the full Council for a vote. 6) Review and Approval of Minutes a) September 2017 – The minutes were not available for a vote. 7) Adjournment Moved by Alderperson Gearhart; seconded by Alderperson Brock. Passed unanimously. The meeting was adjourned at 9:45 p.m.