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.