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HomeMy WebLinkAboutMN-PLED-2017-01-11 Approved at the February 8, 2017 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, January 11, 2017 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Josephine Martell, Cynthia Brock, Rob Gearhart, and Steve Smith Committee Members Absent: None Other Elected Officials Attending: Mayor Svante Myrick (joined the meeting at 6:20 p.m.) Staff Attending: Lisa Nicholas, Senior Planner; Jennifer Kusznir, Senior Planner; Megan Wilson, Senior Planner; Nels Bohn, Director, IURA; 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 No changes were made to the agenda. 2) Public Comment and Response from Committee Members Rick Manning, 1335 Mecklenburg Road, is in favor of allowing dogs in Stewart Park and also encourages the City to follow the recommendations from the Cayuga Bird Club. Enforcement is key to the success of this new ordinance. James Tielers spoke on the changes to the Brewpub ordinance. He questioned some of the changes and will wait for the discussion later in the evening. 3) Updates, Announcements, Reports a) HUD Funding Announcement ( Nels Bohn ) Approved at the February 8, 2017 PEDC Meeting Chair Murtagh read into the record the funding announcement that was published in the Ithaca Journal. A copy of that announcement is attached to these minutes. b) Waterfront Plan ( Jennifer Kusznir ) Jennifer Kusznir explained to the group that the Waterfront working group has been meeting every two weeks. The public information sessions were well attended. It is the goal to complete the review in order to amend the TMPUD ordinance currently in the works. c) Southside Plan ( Megan Wilson ) A draft neighborhood plan was put together but was never acted on. The first task of this committee is a survey to find out about households, transportation, etc. Many of the residents in this area have lived there for many years, but the survey also shows there is a fairly large group of new residents. Of those residents, the majority own a vehicle as there sole method of transportation. Alderperson Brock asked if the Spencer Road area were included in this neighborhood plan. Wilson stated the Spencer Road area will not be included in the overall neighborhood plan. d) Parks Master Plan ( Megan Wilson ) An event was held over the weekend at Cass Park that was very well attended. A survey will be distributed by the consultants and will be a statistically sound survey. This project is also working with the County and the Town of Ithaca. The Town’s involvement is mostly the survey. 4) Action Items (Voting to send onto Council) a) Annual Common Council Concurrence for Lead Agency 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 Moved by Alderperson Brock; seconded by Alderperson Martell. Passed unanimously. Alderperson Brock stated that this includes the right to not to be lead agency if they so choose. WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 Approved at the February 8, 2017 PEDC Meeting 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 Action or an 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 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 , 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; now, and WHEREAS, on April 7, 2015 the 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 through December 31, 2015, and WHEREAS, That 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 through December 31, 2016; and, be it further, 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, 2017; and, be it further RESOLVED, That for any future project Common Council may withhold or withdraw its consent should it so desire. Approved at the February 8, 2017 PEDC Meeting Mayor Myrick joined the meeting at 6:20 p.m. b) Zoning Amendment to Allow Brewpubs, Urban Breweries, and Taverns Re: Proposal to Amend Chapter 325, Entitled “Zoning,” to Include Definitions for Brew Pub, Urban Brewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD Districts The purpose of this memo is to provide information regarding a proposal to establish definitions for Brew Pub, Urban Brewer y, and Tavern, and to establish them as permitted uses in specific zones. This proposal was previously discussed at the December Planning and Economic Development Committee meeting. At that meeting concerns were raised regarding the proposed definitions of Urban Brewery and Brew Pub. Enclosed for your consideration is a draft ordinance which has been edited in order to remove the requirement for food service in brew pubs, and to remove the language regarding various NYS permit requirements in the Urban Brewery. All changes have been tracked. These changes are minor and do not require re-circulation. The draft Full Environmental Assessment Form of this action is enclosed. The proposed ordinance and environmental assessment were previously circulated to the City Planning Board, the Conservation Advisory Council, the Tompkins County Planning Department and various other City staff and departments. No comments have been received regarding this proposal. At the last meeting the Planning Committee voted on the resolution for the declaration of lead agency and the resolution of environmental significance. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. Approved at the February 8, 2017 PEDC Meeting ORDINANCE NO. ____ Moved by Alderperson Smith; seconded by Alderperson Brock. Alderperson Smith asked removing the requirement of not having to serve food. Does that not allow them to serve food and if so does that need to be spelled out? Alderperson Brock asked if we don’t require food to be served, there may be a total different type of clientele than one would find in a restaurant type of atmosphere. Alderperson Gearhart stated there is a distinction of type of brewpub, etc. why are we not holding the same distinction with serving food or not? Alderperson Martell stated that the goal of the ordinance was to limit the amount of gallons being brewed and restrict that the storage tanks be placed inside. The intention was not to look at whether to allow food or not. It was decided by the committee to bring this back next month to vote whether to circulate the proposed changes to this ordinance. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows: Section 1. Section 325-3B, entitled, “Definitions and Word Usage,” is hereby amended to add the following definitions: rew Pub — An establishment that produces ales, beers, meads, hard ciders, and/or similar beverages to serve on‐site. Sale of beverages for off‐site consumption is also permitted in keeping with the regulations of the New York State Liquor Authority. Brew pubs may not produce more than 5,000 barrels of beverage annually. A brew bub, may NOT contain external tanks for storage of raw materials or beverages. Urban Brewery — A limited production brewery that may produce no more than 15,000 barrels annually. An Urban Brewery may have a restaurant in or adjacent to it. Tavern — An establishment for the sale of beer and other drinks to be consumed on the premises, sometimes also serving food. Section 2. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is hereby amended in order to add Brew Pub as an allowable primary use in the B-2a Approved at the February 8, 2017 PEDC Meeting district and Urban Breweries as an allowable use in the B-5 district. Section 3. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is further amended to add the following allowable accessory use in the B-2 zones: Incidental parking for any uses allowed in any of the B2 zones. Section 4. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the District Regulations Chart in accordance with the amendments made herewith. Section 5. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. 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. Approved at the February 8, 2017 PEDC Meeting c) Authorization of Funds from Community Housing Development Fund Community Housing Development Fund, Funding Round #13 — Authorize Disbursement of $50,000 Pursuant to Executed MOU Moved by Alderperson Martell; seconded by Alderperson Smith. Passed Unanimously. WHEREAS, the Community Housing Development Fund (CHDF) was established in 2009, and renewed in 2015, by Memorandum of Understanding (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of permanently affordable housing in the County, and WHEREAS, on an annual basis Cornell University contributes $200,000 to the CHDF and the City of Ithaca and Tompkins County each contribute $100,000, and WHEREAS, the CHDF Program Oversight Committee (POC) recommends round #13 funding of $356,250 for the following affordable housing projects: and, WHEREAS, the Common Council determined that City contributions to the CHDF should be used solely to assist projects located within the City of Ithaca, and WHEREAS, pursuant to the 2015 MOU, Tompkins County administers the CHDF, including collection of contributions to the CHDF and distribution of funds to project sponsors, and WHEREAS, rehabilitation of a facility in kind on the same site is a type II action under SEQR/CEQRO, therefore no environmental review is required for the INHS Scattered Site Rental Housing Preservation project, now; therefore, be it WHEREAS, prior City contributions to the CHDF were derived from Gateway Loan proceeds administered by the Ithaca Urban Renewal Agency that originated from sale of City-owned land for the Eddygate project located at 110 Dryden Road, but such funds have been depleted, and Community Housing Development Fund Round #13 Recommended Funding Awards Applicant Project # Units Location Funding ($1,000s) Cornell County City Total Second Wind Cottages, Inc. Second Wind Cottages (units #15-#18) 4 rental (T) Newfield -1435 Elmira Rd. 37.5 18.75 0 56.25 INHS, Inc INHS Scattered Site Rental Housing Preservation 98 rental (C) Ithaca -14 various properties 200 50 50 300 Totals 237.5 68.75 50 356.25 Approved at the February 8, 2017 PEDC Meeting WHEREAS, as part of the 2016 Budget, funds were placed in Restricted Contingency to fund the City’s contribution to the CHDF, now; therefore, be it RESOLVED, that the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $50,000 to Tompkins County for the following affordable housing projects to implement the round #13 recommended funding awards through the Community Housing Development Fund: Project Name: INHS Scattered Site Rental Housing Preservation Project Amount: $50,000 Applicant: Ithaca Neighborhood Housing Services, Inc. Project Summary: Renovation of 98 rental housing units in 44 buildings located throughout the City of Ithaca and RESOLVED, that Common Council hereby transfers $50,000 from Account A1990 Restricted Contingency to the following accounts: A8020-5700 Planning Contracts $50,000 to fund City/County/Cornell Housing Trust (City portion), and be it further, RESOLVED, that the Mayor, subject to advice of the City Attorney, is hereby authorized to execute a fiscal agency agreement with Tompkins County to implement this resolution. 5) Action Items (Voting to Circulate) Allowing Dogs in Stewart Park At its May 26th meeting, the Parks Commission discussed the current prohibition of dogs in Stewart Park. Per City code, dogs are only allowed in Stewart Park by special permit issued by the Superintendent of Public Works (except for service animals). Stewart Park is the only City park where dogs are prohibited, and this prohibition is often not adhered to and rarely enforced. The completion of the Cayuga Waterfront Trail has brought an increase in the number of dogs as more people travel through and visit the park with their pets. The Parks Commission has not received any complaints about dogs in the park and believes lifting the prohibition would be appreciated by many in the community. While a quorum was not present, all Parks Commissioners in attendance voted unanimously to recommend that the existing legislation (Chapter 336, Stewart Park, of the City Municipal Code) be changed to allow on-leash dogs in all City parks. Dog care stations should be provided to address concerns about waste, and the Cayuga Waterfront Trail Initiative has offered to provide the stations. If you have any questions or comments, please contact Megan Wilson, Senior Planner, at 274-6560 or mwilson@cityofithaca.org. Approved at the February 8, 2017 PEDC Meeting Board of Public Works July 11, 2016 Recommendation to Allow Dogs in Stewart Park – Resolution By Commissioner Goldsmith: Seconded by Commissioner Jenkins WHEREAS, the Parks Commission recently discussed and recommended that the prohibition on Dogs in Stewart Park be changed at their May 26, 2016 meeting, and WHEREAS, Stewart Park is the only City park where dogs are proh ibited, and this prohibition is often not adhered to and rarely enforced, and WHEREAS, the completion of the Waterfront Trail has brought an increase in the number of dogs as more people travel through and visit the park with their pets, and WHEREAS, neither the Parks Commission nor the Board of Public Works have received complaints about dogs in Stewart Park, WHEREAS, the BPW acknowledges there will be an additional maintenance costs, therefore be it RESOLVED, That the Board of Public Works recommends that Section 336-11 of the City Code be changed to allow dogs in Stewart Park under the following conditions: 1. Dogs are to remain on leashes no longer than 6 feet and under the owner’s control, and 2. Dog care stations for dog waste are provided and maintained Carried Unanimously Megan Wilson stated based on tonight’s comments, she will draft an ordinance indicating that dogs will be allowed in Stewart Park. Stewart Park is the only park in the City that does not allow dogs. Enforcement can be put int o place to limit the dogs in the bird sanctuaries. Rick Manning stated that many of the bird lovers will be vocal as to the enforcement. Alderperson Smith moved to circulate; seconded by Alderperson Brock. Passed unanimously. 6) Review and Approval of Minutes a) November 2016 and December 2016 Moved by Alderperson Smith; seconded by Alderperson Brock as amended with Brock’s requested changes. Passed unanimously. Approved at the February 8, 2017 PEDC Meeting 7) Adjournment Moved by Alderperson Martell; seconded by Alderperson Smith. Passed unanimously. The meeting was adjourned at 7 :00 p.m.