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HomeMy WebLinkAboutMN-PLED-2018-01-10 Approved at the March 14, 2018 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, January 10, 2018 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Cynthia Brock, Donna Fleming, Stephen Smith, and Laura Lewis Committee Members Absent: None Other Elected Officials Attending: Staff Attending: JoAnn Cornish, Director, Planning and Development Department; Megan Wilson, Senior Planner; Nick Goldsmith, Sustainability Coordinator; and Deborah Grunder, Executive Assistant Others Attending: Alderperson McGonigal Chair Seph Murtagh called the meeting to order at 6:00 p.m. a) Call to Order/Agenda Review JoAnn Cornish stated she would have an announcement later in the meeting that is not listed on the agenda. b) Special Order of Business a) Public Hearing – Parks and Recreation Master Plan Alderperson Smith moved to open the public hearing; seconded by Alderperson Brock. Carried unanimously. Betsy Darlington, 204 Fairmount Avenue. The City needs more parks not fewer. They provide a multitude of benefits. Much research has shown that adding street trees and parks helps control crime. Elizabeth Martyn, 306 Ithaca Road, spoke on the proposed elimination of some of the current City parks. The City should take a closer look. Approved at the March 14, 2018 PEDC Meeting Michael Ryzewic, 306 Ithaca Road, the small pocket parks throughout the neighborhoods are still assets to the City. We really do care about these parks and really cherish them. If more work is needed to maintain them, our neighborhood could help. Alderperson Brock moved to close the public hearing; seconded by Alderperson Smith. Carried unanimously. b) Public Hearing – Planned Unit Development Overlay District Alderperson Brock moved to open the public hearing; seconded by Alderperson Smith. Carried unanimously. Theresa Alt, 206 Eddy Street, she realizes that this plan is in the planning stages, there is talk of 915 units of housing. Will the City make sure they are workforce housing? Affordable to people who earn maybe $30,000 or less like many, many of our residents do. Tessa Rudan, 62 Woodcrest Avenue. She doesn’t want to see the PUD in Collegetown. It took a particular long time to get the Collegetown zoning plan in place. She would hope that this PUD would not take the place of the current Collegetown plan. She suggested that a new committee be formed to look at this issue. She would like to see the Collegetown area remain as is. Sheryl Swick, 321 N. Albany Street, most PUD are established to concentrate the use of land for a specific reason. It’s important to make parts of these areas protected. Alderperson Brock moved to close the public hearing; seconded by Alderperson Smith. Carried unanimously. c) Presentation – Green Building Policy Nick Goldsmith, Sustainability Coordinator, explained policy to the group. The rationale for this policy is Ithaca has strong history of sustainability efforts and climate action is more important than ever. This project focuses on new development and is a grant-funded project for both the City and the Town. This will lead to a sustainability plan. The project started in 2016 with Stream Collaborative serving as the project consultant. The Green Building Advisory Committee was formed in May 2017. A building stock and development forecast survey was established in November 2017. The criteria for this project is affordability, impactful, flexible, and achievable. It is meant to not increase costs to a developer. A certain number of credits must be reached to be eligible to be considered a ‘green building.’ Five (5) points are Approved at the March 14, 2018 PEDC Meeting needed which can be given based on location, home size, heat pumps, the number of windows, etc. The anticipated results will be 40 -50% lower carbon emissions and 70% better than existing building stock. The draft of the policy guide will be done in February 2018. More information is available at their website ithacagreenbuilding.com. c) Public Comment and Response from Committee Members Theresa Alt, 206 Eddy Street, spoke regarding 323 Taugh. Blvd. after attending the IDA meeting on CIITAP. There is a problem with CIITAP – there needs to be housing. Common Council doesn’t get a vote for these applications. Chair Murtagh thanked all who came to express their feelings a nd desires to keep the neighborhood parks in tack. It is very important to the people of these neighborhoods. Alderperson Brock thanked all who came to speak. d) Announcements, Updates, and Reports JoAnn Cornish stated that the 2017 accomplishments and 2 018 goals have been created and sent out to Council for comment. It will be brought back in February for further discussion. She then asked what should be the sequence of the neighborhood plans. Waterfront has been done, and we are currently working on the Southside neighborhood. Alderperson Brock announced that the NYS DEC received funding to collect water and soil samples at Nates Floral Estates. e) Action Items (Voting to send onto Council) a) Planned Unit Development Overlay District An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” Article IV, Section 325-12, in Order to Expand the Area Permitted for Planned Unit Developments By Creating a Planned Unit Development Overlay District (PUDOD) – Declaration of Lead Agency Moved by Alderperson Brock; seconded by Alderperson Smith. Carried unanimously. WHEREAS, State Law and Section 176 -6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and Approved at the March 14, 2018 PEDC Meeting WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendments to Chapter 325, Entitled “Zoning,” in order to expand the area permitted for planned unit developments by creating a Planned Unit Development Overlay District (PUDOD). An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” Article IV, Section 325-12, in Order to Expand the Area Permitted for Planned Unit Developments By Creating a Planned Unit Development Overlay District (PUDOD) – Declaration of Environmental Significance Moved by Alderperson Brock; seconded by Alderperson Lewis. Carried unanimously. 1. WHEREAS, The Common Council is considering a proposal to expand the area permitted for planned unit developments by creating a Planned Unit Development Overlay District (PUDOD), and 2. WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated June 3, 2014 3. WHEREAS, the proposed action is an “unlisted” 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 May 6, 2014, and be it further 2. RESOLVED, That this Common Council, as lead agency in th is 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 Approved at the March 14, 2018 PEDC Meeting any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” Article IV, Section 325-12, in Order to Expand the Area Permitted for Planned Unit Developments By Creating a Planned Unit Development Overlay District (PUDOD) ORDINANCE NO. 2014-____ Moved by Alderperson Brock; seconded by Alderperson Smith. Carried unanimously with the change of the map. WHEREAS, on July 2, 2014, the Common Council adopted legislation allowing for the City to establish Planned Unit Development districts on any property in the City currently zoned for industrial uses, and WHEREAS, on August 2, 2017, the Common Council adopted new zoning for the waterfront districts, which included a statement recognizing that the adopted zoning may not allow for projects that could be beneficial to the commu nity and recommended that the City consider adopting legislation to allow for PUDs throughout the City, including in the waterfront districts, and WHEREAS, A PUD is a tool that allows the Common Council to have flexibility to approve projects that may not fit into the underlying zoning, but may have benefits for the community that outweigh any impacts resulting from not complying with the pre - established regulations for that district, and WHEREAS, in order to allow for potential development that could bring significant benefits to the community, staff has recommended the establishment of the Planned Unit Development Overlay District, which would allow for PUDs in areas of the City where additional development is anticipated, but would protect areas that have established 1 and 2 family residential neighborhoods; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Article IV, Section 325-12. of the Municipal Code of the City of Ithaca be amended as follows: Section 1. Chapter 325, Section 325-5, Zoning Map of the Municipal Code of the City of Ithaca is hereby amended to create a Planned Unit Development Overlay District (PUDOD) to include properties located Within the boundaries displayed on the map entitled “Proposed Boundary for the Planned Unit Development Overlay District (PUDOD)-December 2017”,” a copy of which shall be on file in the City Clerk’s office. Approved at the March 14, 2018 PEDC Meeting Section 2. Chapter 325, Section 325-12.B, entitled “Purpose and Intent”, is hereby amended in order to change the allowable location for a potential PUD, and should read as follows: §325-12. B. Purpose and intent. (1) This legislation is intended to institute procedures and requirements for the establishment and mapping of PUDs, which may be placed in any location approved by the Common Council, as long as it is located within the Planned Unit Development Overlay District (PUDOD), the boundaries of which can be seen on the attached map, “Proposed Boundary for the Planned Unit Development Overlay District (PUDOD) -December 2017”. The PUD is a tool intended to encourage mixed -use or unique single use projects that require more creative and imaginative design of land development than is possible under standard zoning district regulations. A PUD allows for flexibility in planning and design, while ensuring efficient investment in public improvements, environmental sensitivity, and protection of community character. A PUD should be used only when long - term community benefits will be achieved through high quality development, including, but not limited to, reduced traffic demands, greater quality and quantity of public and/or private open space, community recreational amenities, needed housing types and/or mix, innovative designs, and protection and/or preservation of natural resources. (2) Section 325-12 is intended to relate to both residential and nonresidential development, as well as mixed forms of development. There may be uses, now or in the future, which are not expressly permitted by the other terms of this chapter but which uses would not contravene the long-range Comprehensive Plan objectives if they adhere to certain predetermined performance and design conditions. The PUD is intended to be used to enable these developments to occur even though they may not be specifically authorized by the City zoning district regulations. (3) The PUD is intended to be used in any area located within the PUDOD. Should a proposed project offer community-wide benefits, the Common Council may establish a PUD in order to permit uses not explicitly allowed by the underlying zoning. (4) Areas may be zoned as a PUD by the Common Council. The enactment and establishment of such a zone shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such zone. Approved at the March 14, 2018 PEDC Meeting Section 3. Chapter 325, Section 325-12.C, entitled “Establishment and Location”, is hereby amended in order to remove the sentence that states that the PUD is intended to be used in industrial zones, and should read as follows: C. Establishment and location. (1) The intent of a PUD is to create self -contained, architecturally consistent, and compatible buildings, many times with diverse but related uses. The creation of a PUD must entail sufficient review to assure the uses within the zone will have negligible or no significant adverse effects upon properties surrounding the zone. In reaching its decision on whether to rezone to a PUD, the Common Council shall consider the general criteria set forth in this chapter, the most current Comprehensive Plan for the City, and this statement of purpose. (2) No PUD shall be established pursuant to Subsection G (13) of this section unless it is located within the boundaries of the PUDOD. . Section 4. 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 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson McGonigal asked whether this would have to be looked at again after a certain period of time. His concern is whether it’s the right tool. It was suggested that some of the boundaries should be changed—Collegetown area and the area near Beverly J. Martin (B.J.M.) School. Alderperson Smith asked whether the PUD would hinder the historic districts. It would not. Historic districts are pretty well protected. Chair Murtagh stated he is comfortable to move it on to Council with the change near BJM. Alderperson Brock concurred. Alderperson Fleming is very hesitant on this. She is concerned that with the Collegetown guidelines just being put in place that this PUD is just too much. Approved at the March 14, 2018 PEDC Meeting 6) Action Items (Voting to Circulate) a) Planning Board – Special Permits Re: Proposal to Authorize the Planning and Development Board to approve the granting of Special Permits. (Currently the Board of Zoning Appeals has this authority.) Currently, the Board of Zoning Appeals has the power to review and grant requests for special permits. The criteria used to evaluate whether or not to grant a special permit in the City Code, Chapter 325-3, Definitions and Word Usage is; “SPECIAL PERMIT, The written authorization by the Board of Appeals to permit, in a given district, a property use which, because of its nature, location or effect on the surrounding neighborhood, warrants special evaluation of each individual case.” The Planning Board, when reviewing site plans, uses much the same criteria as is used by the BZA to evaluate special permits. During site plan review, the PB looks at impacts a project will have on the immediate neighbors, the neighborhood, and the greater community. In accordance with the City Code Chapter 276, Site Plan Review, §276-7 Project review criteria. A. General criteria: the Planning Board is charged with weighing the impacts of a project by; (1) Avoidance or mitigation of any negative impacts. The following shall be emphasized in particular: (a) Erosion, sedimentation and siltation control in accordance with Chapter 282 of the City Code. (b) Protection of significant natural features and areas, including but not limited to trees, views, watercourses or bodies of water and land forms, on or near the site. The protection of existing mature vegetation, especially trees over eight inches DBH (diameter-breast-height) may be required unless a justification for their removal can be made by the applicant. (c) Protection of, and compatibility with, other nearby features and areas of importance to the community, including but not limited to parks, landmarks, neighborhoods, commercial areas, and historic districts. After numerous discussions with Gino Leonardi, the Zoning Administrator for the City, it was thought that the Planning Board was the more appropriate body to review applications for special permits since the review criteria was so similar to the site plan and environmental review criteria. We would like to move this idea forward by circulating it for comment. We will bring any concerns, comments, or suggestions back to the Planning Committee in February for a decision on whether or not to move this onto Council for a vote. I have attached the entire section of the Code, so that you can review the section on special permits as well as the proposed changes. Approved at the March 14, 2018 PEDC Meeting If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6566. Alderperson Lewis asked whether there is a sense of how many special permits we are talking about. JoAnn Cornish answered that there aren’t many – maybe 10 at the most. Alderperson Brock would like clarification that by making this change we aren’t forgetting something that might slip people up. Alderperson Smith moved to circulate; seconded by Alderperson Lewis. Carried Unanimously. 7) Discussion a) Parks and Recreation Master Plan No action will be taken tonight. Megan Wilson provided an update to the group. Some of them will address some of the comments made already. They are currently working on the actual writing of the plan to address some grammatical issues and hopefully that will make it easier to read. She appreciates all the comments, edits, etc. She was hoping to focus on the big picture and the content. Next month a revised version will be brought back for further review. Some of the suggested changes are: Under-Utilized Parks – this section of the under-utilized parks will be looked at again with the consultant. She totally agrees with the comment made tonight as to the amount of time went into the plan and there is only two sentences on the topic of the under-utilized parks. A justification as to how and why some were marked as such. It is a very lengthy process. There will be opportunity for more input. Adopt a Park Program – We would like to add volunteer involvement to help maintain the parks. The ‘adopt-a-park’ program that currently exists in the City since 2005 will be further investigated. Ecologic values of the parks. What park and open space does for the environment. We are working on the level of service mapping. There are some corrections that need to be done. They are in the process of updating this section. We are also working with the GIS department to where we have parks and where we don’t and how to get to them. Approved at the March 14, 2018 PEDC Meeting This will be brought back to the February 2018 meeting for further review and comment. Alderperson Brock stated she was very happy with this plan and also the ability to comment and incorporate changes. 8) Executive Session to Discuss Possible Acquisition of Real Property Moved by Alderperson Smith to enter into executive session; seconded by Alderperson Brock. Carried unanimously. The group entered into executive session. Moved by Alderperson Smith to move out of executive session; seconded by Alderperson Brock. Carried unanimously. 9) Review and Approval of Minutes a) December 2017 Moved by Alderperson Brock as amended; seconded by Alderperson Smith. Carried unanimously. 10) Adjournment Moved by Alderperson Fleming; seconded by Alderperson Brock. Carried unanimously. The meeting was adjourned at 7:35 p.m.