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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.