HomeMy WebLinkAboutMN-PLED-2017-09-13
Approved at the
December 13, 2017 PEDC Meeting
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.
Approved at the
December 13, 2017 PEDC Meeting
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.
Approved at the
December 13, 2017 PEDC Meeting
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.
Approved at the
December 13, 2017 PEDC Meeting
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
Approved at the
December 13, 2017 PEDC Meeting
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
Approved at the
December 13, 2017 PEDC Meeting
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
Moved by Alderperson Brock; seconded by Alderperson. Carried unanimously.
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
Approved at the
December 13, 2017 PEDC Meeting
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;
Approved at the
December 13, 2017 PEDC Meeting
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.
Formatted: Indent: Left: 0", Hanging: 0.25", Hyphenate,
Tab stops: 0.25", Centered
Deleted: ¶
Approved at the
December 13, 2017 PEDC Meeting
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
1 6 NYCRR Part 617; SEQR Handbook, 3rd Edition, 2010, Introduction
Approved at the
December 13, 2017 PEDC Meeting
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
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
2 Ibid.
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.
Approved at the
December 13, 2017 PEDC Meeting
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.
Approved at the
December 13, 2017 PEDC Meeting
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.