HomeMy WebLinkAboutMN-PLED-2018-08-08Approved at the
September 5, 2018 PEDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, August 08, 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: Mayor Svante Myrick (7:00 p.m.) and
Alderperson Ducson Nguyen
Staff Attending: Jennifer Kusznir, Senior Planner;
Thomas Knipe, Deputy Director,
Economic Development; Nels Bohn,
Director, Ithaca Urban Renewal
Agency; and Deborah Grunder,
Executive Assistant
Others Attending: Tierra Labrada, Chair, Community
Life Committee; and Rusty Keller,
Natural Playground Designer and
Community Life Committee Member
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
2) Special Order of Business
a) Public Hearing – Proposed Disposition of Property to Emmy’s
Organics – Cherry Street Industrial Park
Alderperson Lewis moved to open the public hearing; Alderperson Smith
seconded. Carried unanimously.
No one from the public spoke on this topic.
Alderperson Smith Lewis moved to close the public hearing;
Alderperson seconded. Carried Unanimously.
3) Public Comment
Joel Fredell, 208 Lake Street, stated that two-story duplexes in Ithaca need to
be reviewed fully. It could become a crisis. He urges the City to keep the
neighborhoods informed and allowed to provide comments before the
neighborhood is changed.
Joel W ilson, 75 Hunt Hill Road, spoke on the green building policy and asked that
the City makes sure the staff our well informed when instituting this new policy.
Approved at the
September 5, 2018 PEDC Meeting
He also spoke on the North Campus dormitory project. He referred to the
application that was submitted noting the environmental concerns. His
comments are attached to these minutes.
Ken Jaffe, 218 Lake Avenue, stated that the SEQR forms currently being used
by the City are not in compliance with DEC standards. He pointed out the area
of the form on flooding.
Susan Nassar. 208 Lake Avenue, also stated that the SEQR forms being used
are not correct. She also spoke on the water quality of the City. Dredging must
be done, but it must be done correctly. Build for the future, not for the past.
Dan Hoffman, 415 Elm Street, spoke on the special hearing project. He’s
pleased with the some of the project but does not like the land proposed for this
project. The land being proposed road extension and development will remove
hundreds of trees with no replacement of such trees. If the Black Diamond Trail
runs through this area, move people will be using it. There needs to be a buffer
between this project and the natural areas. He insists the current environmental
review forms be used.
Chair Murtagh thanked all who spoke. He encouraged the Northside residents
to return to next month’s meeting for further discussion. Two council members
and the Planning Director are absent from the meeting tonight.
4) Announcements, Updates, and Reports
No announcements were made.
5) Action Items (Voting to Send onto Council)
a) NIIF Application – Ithaca Housing Association National Night Out
Moved by Alderperson Lewis; seconded by Alderperson Smith.
Carried unanimously.
RESOLUTION: Request for Neighborhood Improvement Incentive Funds from the Ithaca
Housing Authority Tenant Council and the Family Sites Tenant Council for National Night
Out, August 2018
WHEREAS, the City of Ithaca Common Council established the Neighborhood
Improvement Incentive Fund in 1995 to provide financial assistance to city residents
seeking to improve the quality of life in their neighborhoods, and
WHEREAS, the fund is intended to support residents' interest in community improvement
and to encourage, not replace volunteerism, and
WHEREAS, the funds are intended to be used for projects or events that provide a general
neighborhood benefit and not for the limited benefit of individuals or a select few residents,
and
WHEREAS, activities specified by the Council as eligible for the funding include but are
not limited to items such as neighborhood clean-ups, planting in public places, and
organizing neighborhood events like block parties or meetings, and
WHEREAS, neighborhood groups are required to submit a completed application
specifying other project donations, estimated volunteer hours, estimated costs to be
covered by the fund and signatures of residents in the immediate neighborhood, and
WHEREAS, to streamline the process the Council has delegated authority to approve
applications to the Planning & Economic Development Committee, and
WHEREAS, each neighborhood group is eligible to receive up to $300 per year as a
reimbursement award payable on the submission of original receipts or invoices for
approved activities, and
WHEREAS, the City cannot reimburse residents for sales tax expenses, and
Approved at the
September 5, 2018 PEDC Meeting
WHEREAS, the Ithaca Housing Authority Tenant Council and the Family Sites Tenant
Council have submitted completed applications for reimbursement funds to off-set
expenses that in past years have generally ranged from $500 – $1,000 for their annual
National Night Out events, held this year on Tuesday, August 7, 2018, and
WHEREAS, this annual event is sponsored by the Ithaca Housing Authority Tenant
Council at Titus Towers and by the Family Sites Tenant Council at Conway Park, and the
events provide opportunities for socializing with diverse groups of both South of the Creek
and Northside residents; now, therefore, be it
RESOLVED, that the Planning and Economic Development Committee approves the
requests from the Ithaca Housing Authority Tenant Council and the Family Sites Tenant
Council in an amount up to $600.00 ($300.00 per neighborhood group) for reimbursement
upon presentation of original invoices and/or receipts.
b) Proposed Property Sale to Emmy’s Organics, Inc.
Public Hearing City of Ithaca
Proposed Disposition of
Property Cherry Street
Industrial Park
A public hearing will be held at 6:00 P.M., Wednesday, August 8, 2018, before the Planning &
Economic Development Committee of the City of Ithaca Common Council in Council Chambers of City
Hall, 108 E. Green Street, Ithaca, NY on a proposed sale of real property by the Ithaca Urban Renewal
Agency (IURA) as follows:
Type of Disposition: Sales contract for fee simple
ownership Seller: IURA
Purchaser: Emmy’s Organics, Inc. or a legal entity to be formed that is owned by the
principals of Emmy’s Organics, Inc.
Property: Portion of tax parcel #100.‐2‐1.21 located at southerly end of Cherry Street,
Ithaca, NY.
Size: 2.601 acres
Purchase Price: $242,000
Future Use: Construction of an approximately 10,000 sq. ft. food manufacturing
facility for producing organic/natural cookies and snacks
Conditions for Sale: 1. Job Creation ‐ creation of at least five (5) full‐time equivalent jobs
within two years of project completion. At least 51% of the jobs
created must be filled by low‐ and moderate‐income persons earning
no more than 80% of the Area Median Income.
2. Living Wages ‐ At least three (3) of the new job positions created
shall be paid at least a 2018 living wage of $15.11/hour (or
$13,90/hour with
$2,500/year employer paid health care contribution) within 12
months of their hire date.
3. Site Plan – Purchaser shall submit proof of final site plan approval
within 180 days of the date of the sales contract agreement.
4. Project Financing –Purchaser shall submit proof of financing and
equity sufficient to construct the project within 270 days of the date
of the sales contract.
5. Building Permit – Purchaser shall submit proof of issuance of a
building permit at least authorizing construction of the full
foundation for the project within 365 days of the date of the
sales contract.
City of Ithaca Common Council approval is required to approve the above referenced sales contract.
Written comments may be sent to Common Council, c/o City Clerk, City of Ithaca, 108 E. Green
Street, Ithaca, NY 14850. For more information contact Nels Bohn at NBohn@cityofithaca.org.
Please verify receipt of this order upon receipt to NBohn@cityofithaca.org. Please do not send an
affidavit of publication. Send the bill to the Ithaca Urban Renewal Agency.
Approved at the
September 5, 2018 PEDC Meeting
Proposed Resolution
Approval of IURA-Proposed Property Sale to Emmy’s Organics, Inc.
Moved by Alderperson Smith; seconded by Alderperson Lewis Carried unanimously.
Nels Bohn provided the information on the project. This company is growing and
needs a larger space. It is true that this area is heavily forested, but the buffer area
will be met through the site-plan review process. We are not seeking approval of
the site-plan, but only the sale of the property. He has a map suggesting the
possible buffer that could be set in place. The extension of the road is not being
voted on in this resolution. That will be handled in the sit-plan review process and
would also need the Board of Public Works involved.
WHEREAS, on June 29, 2018 the Ithaca Urban Renewal Agency designated
Emmy’s Organics, Inc. as a “qualified and eligible sponsor” (Sponsor) to acquire
land located at the end of Cherry Street, part of an undeveloped six acre parcel of
land owned by the IURA (tax map #100.-2-1.21), and
Whereas, Emmy’s proposes a $1.4 million project to construct an approximately
10,000 square foot food manufacturing facility to produce organic/natural cookies
and snacks and add an additional 5 full-time equivalent employees, of which at
least 51% will be low- and moderate-income at the time of hire, and
Whereas, Emmy’s started in Ithaca by selling their product at the Ithaca Farmer’s
Market and have grown to employ 19 workers at their current leased operations
located at 629 W . Buffalo Street, Ithaca, and
Whereas, pursuant to section 507 of General Municipal Law, the IURA is authorized
to dispose of property to a specific buyer at a negotiated price if such buyer is
designated as an eligible and qualified sponsor (Sponsor), and the sale is approved
by Common Council following a public hearing, and
Whereas, a public hearing notice was published in the July 30, 2018 edition of the
Ithaca Journal disclosing essential terms of the proposed sale and a public hearing
was held on August 8, 2018; now, therefore, be it,
RESOLVED, That the City of Ithaca Common Council hereby approves the IURA-
proposed Disposition and Development Agreement to sell property to Emmy’s
Organics, Inc. to undertake an urban renewal project pursuant to the following terms:
Seller: Ithaca Urban Renewal Agency
Purchaser: Emmy’s Organics, Inc. (or a legal entity to be formed
that is majority owned by the principals of the
Company)
Urban Renewal Project: Investment of approximately $1.4 million to construct
and operate an approximately 10,000 square foot food
manufacturing facility for producing organic/natural
cookies and snacks, resulting in job creation.
Project Site: 2.601 acre portion of tax parcel #100.-2-1.21 located
at the end of Cherry Street, Ithaca, NY.
Purchase Price: $242,000, the fair market value as determined by
appraisal.
Job Creation: Creation of at least five (5) full-time equivalent jobs
within two years of project completion. At least 51% of
five jobs must be filled by low- and moderate-
income persons earning no more than 80% of the
Area Median Income as determined by the U.S.
Approved at the
September 5, 2018 PEDC Meeting
Department of Housing & Urban Development.
Living Wages: At least three (3) of the new job positions created
shall be paid a 2018 living wage of $15.11/hour (or
$13.90/hour with $2,500/year employer health care
contribution) within 12 months of their hire date.
Employment & W age
Reporting:
Quarterly employment and wage reporting shall
be submitted to Seller until job creation goal is
satisfied for two consecutive quarter
Approved at the
September 5, 2018 PEDC Meeting
Conditions for Sale: A. Approval of a Cherry Street Expansion
subdivision of tax parcel #100.-2-1.21.
B. Site Plan approval – within 180 days of the date of the
purchase agreement, purchaser submission of proof
of final site plan approval.
C. Project financing – within 270 days of the date of the
purchase agreement, purchaser submission of proof of
financing and equity sufficient to construct the project.
D. Building Permit issuance – within 365 days of date of
the purchase agreement, purchaser submission of
proof of a building permit at least authorizing
construction of the full foundation for the project.
c) Intercity Busses Pickup/Discharge – Green St. / NYS Rt. 79 E
Chair Murtagh informed the group that there was a meeting held with many stakeholders
to bring us to where we are tonight. The current tenants of the bus station are retiring and
the current owners do not want to keep the bus terminal there. The resolution provided is
an attempt to determine if the bus station can be moved to the Green Street terminal.
Alderperson Lewis stated her opinion and pointed out other ongoing projects or
development in the downtown that might be problematic.
Senior Planner Jennifer Kusznir stated that staff are currently reviewing all the
options and the schedules involved before any decision is made.
Tom Knipe stated that staff are working hard with what the bus companies are thinking and
their concerns. TCAT staff will be attending the next ED meeting on Tuesday, August 14,
2018 in the Planning Department. It’s our hope that the bus station can remain in the
downtown.
The TCAT rep stated as it stands right now, they are pretty tight on space. There are
many busses that come in the Green Street terminal which causes extreme traffic
backup and congestion. He pointed out that TCAT is not reviewing the bus schedules of
the other bus companies, but does have documented evidence of the actual use of this
area. He further stated that TCAT has made extensive growth over the years. TCAT
cannot take less space now or in the future.
Chair Murtagh asked if there is any room in the area that could be used that is not
currently being used.
TCAT further stated that the use of the Big Red Bullet Bus is not space specifically for
that bus service.
Chair Murtagh stated this is a complex decision due to the number of bus
companies involved.
Alderperson Lewis stated her safety concerns with pedestrian traffic, etc.
TCAT stated that they are clear as to their needs.
Chair Murtagh stated that passing this resolution from this meeting doesn’t necessarily
mean that it is a given.
Alderperson Lewis stated that she’s concerned with voting on the resolution because it
doesn’t solve the problem.
Chair Murtagh understands her concerns, but in his eyes he views it as a place holder
for the September Council meeting.
Alderperson Lewis stated that there are far more issues than just the TCAT issue.
Kusznir recommended adding a further RESOLVED to the resolution.
Approved at the
September 5, 2018 PEDC Meeting
DRAFT RESOLUTION
COMMON COUNCIL APPROVAL FOR INTERCITY BUSSES TO OPERATE
TRANSIT SERVICES ON GREEN STREET/NYS ROUTE 79
August 8, 2018 Planning and Economic Development Committee Meeting
Moved by Alderperson Lewis, amending it with a second RESOLVED; seconded by Alderperson
Smith. Carried Unanimously.
WHEREAS, Section 346-31 of the City Code states that no bus shall operate, stop on or stand on
any City street, nor shall such bus pick up or discharge passengers on any such City street or
curb, or any other public property, or within 200 feet of any City bus stop in the corporate limits
of the City of Ithaca, unless a permit is obtained from the Common Council or its designee, and
WHEREAS, the existing West End Bus Station is closing and the City wishes to make
accommodations on the south side of the 100 block of East Green Street/NYS Route 79 for the
intercity bus companies to include Shortline/Coach USA, NY Trailways, and Greyhound to
operate transit services, and
WHEREAS, currently TCAT uses the majority of space on the south side of the 100 block of
East Green Street/NYS Route 79 as one of two main points for passenger pick up and drop off,
and
WHEREAS, Common Council has previously approved Cornell’s Big Red Bullet’s use of the
south curb line of East Green Street, immediately east of the pedestrian signal for its passenger
drop off and pick up, and
WHEREAS, the intercity bus companies are working with TCAT and the City to analyze the
feasibility of a shared and coordinated use of the space, and
WHEREAS, due to the limited time that the city and the bus carriers have to find a solution to
this issue, it is important that Common Council act, expeditiously in approving the carries use of
Green Street, now therefor be it
RESOLVED, that the Common Council approve the use of East Green Street/NYS Route 79 for
intercity bus companies to include Shortline/Coach USA, NY Trailways, and Greyhound to
operate transit services provided issues of coordination with TCAT, Tompkins County Public
Library, and a ticket vendor can be successfully resolved, and be it further
RESOLVED, that this agreement will be reviewed following a six-month period for any necessary
revisions, and be it
RESOLVED, the Council directs City staff to explore alternative options in the event that Green
Street/Route 79E logistics cannot be satisfactorily resolved.
Alderperson Nguyen is concerned that the bus companies have not come forward yet with their
thoughts.
d) Child-Friendly City
DRAFT RESOLUTION
COMMON COUNCIL SUPPORT AND PROMOTION OF CHILDREN’S FREE UNSTRUCTURED
PLAY AND MOBILITY IN THE CITY OF ITHACTA
Tiara Labrota, Chair, Community Life Committee and Rusty Keller, Natural
Playground Designer, and Community Life Committee member were present at
the meeting.
After the Community Life Commission Meeting, it was decided that this project take a
step back. The Youth Bureau and GIAC have concerns with how this will affect children
of color.
Tiara stated she was fine to slow down the pace of instituting this
Approved at the
September 5, 2018 PEDC Meeting
Alderperson Lewis stated that there was another area to consider. She mentioned
perhaps a proclamation from the Mayor maybe the way to go further with this.
August 8, 2018 Planning and Economic Development Committee Meeting
WHEREAS, play encompasses children’s behavior which is freely chosen, personally directed
and intrinsically motivated; and is a fundamental and integral part of healthy development, not
only for individual children, but also for the society in which they live, and
WHEREAS, the time children spend playing outdoors and their connection to nature are strong
indicators of a city’s economic performance according to the 2018 report Cities Alive: Designing
for Urban Childhoods by international built environment specialists ARUP, and
WHEREAS, increased access to unstructured outdoor free play is supportive of a number of
Health, Wellness and Support related goals from Ithaca’s Comprehensive Plan, Plan Ithaca, and
WHEREAS, children’s freedom and mobility have decreased over recent decades as a result of a
number of social trends, as evidenced by research cited by Peter Gray in Psychology Today,
Spring 2011: The Decline of Play and the Rise of Psychopathology in Children and Adolescents,
and
WHEREAS, access to unstructured outdoor free play has been shown to improve children’s
creativity, social skills, communication skills, conflict resolution skills, socio-emotional learning,
behavior self-regulation skills, ability to assess and manage risk, grit, resilience, and overall
physical and mental health as documented in the 2012 article in International Journal of
Environmental Research and Public Health: Risky Play and Children’s Safety: Balancing
Priorities for Optimal Child Development by Mariana Brussoni et al, and
WHEREAS, children with these skills and abilities grow into adults who are better at making
healthy decisions, have healthier and more well-balanced lives, show higher academic
achievement, and in general are better equipped to contribute positively to society as evidenced
in research by Caprara GV et al: Prosocial foundations of children's academic achievement and
30 years of play-related brain research by Sergio Pellis at the University of Lethbridge in
Alberta, Canada, and
WHEREAS, the Just Play Project, a local non-profit organization committed to social justice by
creating time and space for all children’s right to play, is bringing together a range of key
organizations to help Ithaca’s children thrive and strengthen our community vitality through
creative, collaborative, informal play, and
WHEREAS the Just Play Project has been working since the Fall of 2016 on a number of
initiatives to encourage free play opportunities, and
WHEREAS, the Just Play Project and the Community Life Commission desire to articulate a
shared vision that the City will be a place where our community and children thrive through
increased access to creative, collaborative, informal play including unstructured outdoor free
play, and
WHEREAS, a “Free Range Kid City” is a city that declares that children have the right to some
unsupervised time and parents and caregivers should be protected in their right to grant their
children unsupervised time to engage in unstructured, outdoor free play, and
WHEREAS, a “Child Friendly City” is a city where the voices, needs, priorities and rights of
children are an integral part of public policies, programs and decisions, now therefore be it
RESOLVED, that the Common Council hereby declare the City of Ithaca to be a “Free Range
Kid City” and a “Child Friendly City”, and be it further
RESOLVED, that the Common Council and the City of Ithaca support working with community
partners including the Just Play Project to develop a play policy and play strategy that will set
out the way in which the principles in this statement can be implemented, and be it further
RESOLVED, that the Common Council and the City of Ithaca support community partners
including the Just Play Project in conducting audits of existing play and recreation provision with
public comment to support the creation of policies for the provision of play in neighborhoods,
and be it further
Approved at the
September 5, 2018 PEDC Meeting
RESOLVED, that the Common Council and the City of Ithaca consider the needs of children
and opportunities to enhance independent safe mobility for children and opportunities for free
play when reviewing proposals for private development and when investing in capital
infrastructure projects including sidewalks, bicycle and pedestrian infrastructure, parks,
playgrounds, streetscape improvement projects, streets and other city facilities, and be it further
RESOLVED, that the Common Council and the City of Ithaca strive to engage children and
youth voices in city planning and design, and be it further
RESOLVED, that the Common Council and the City of Ithaca encourage the Just Play Project
to continue developing resources and programming to support and promote children’s free
unstructured play and mobility in the City of Ithaca.
6) Review and Approval of Minutes
a) July 2018
Moved by Alderperson Smith seconded by Alderperson Lewis. Carried
unanimously as amended.
7) Adjournment
Moved by Alderperson Smith; seconded by Alderperson Lewis. Carried
unanimously. The meeting was adjourned at 7:17 p.m.
City of Ithaca
Planning & Economic Development Committee
Wednesday, July 11, 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: None
Staff Attending: JoAnn Cornish, Director, Planning and
Development Department; Jennifer Kusznir,
Senior Planner; Anisa Mendizabal, Ithaca
Urban Renewal Agency; and Deborah
Grunder, Executive Assistant
Others Attending: Julie Holcomb, City of Ithaca Clerk
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
There were no changes to the agenda.
2) Special Order of Business
b) Public Hearing – Property Sale of 402 S. Ca yuga Street to INHS
Approved at the
September 5, 2018 PEDC Meeting
Alderperson Lewis moved to open the public hearing; Alderperson Smith
seconded. Carried unanimously.
No one from the public spoke on this topic.
Alderperson Lewis moved to close the public hearing; Alderperson Smith
seconded. Carried Unanimously.
c) Public Hearing – Amendments to the Waterfront Zoning Districts
Alderperson Lewis moved to open the public hearing; Alderperson Smith
seconded. Carried Unanimously
John Fuchs, 220 Cherry Street, spoke on the Cherry Street portion of the
Waterfront Zoning District. He is the prior owner of the widget Factory. He still
owns the property and would like to use it as his residence. He provided a map
of the area and suggested a change in the border language.
Alderperson Lewis moved to close the public hearing; Alderperson Smith
seconded. Carried Unanimously.
3) Public Comment
Fay Gougakis, 171 East State Street, responded to a comment made by
Cynthia Brock at the last Council meeting. Her (Gougakis’) concern was the
noise on the Commons, and did not appreciate the comment made by
Alderperson Brock. She found it very disrespectful. When the noise
professional came, we were able to make changes to the City with the reduction
of the noise. This was paid by tax payers’ money. We also paid for the fountain
and it’s not currently working.
Monika Roth, 111 W orth Street, works for Co-op Extension, she stated they
provide training for anyone wanting to raise chickens in the City. This process is
working well. There haven’t been an overabundance of questions or concerns
about the chickens. She did call the thirteen families who signed up, but only
eight families have started. It seems to be working well and doesn’t think it’s a
huge issue and would like the program to continue.
Amanda Zerilli, 117 Pearsall Place, would like to see the chicken program
continue. She was the first application to the program. Chickens are not
difficult to raise. Education is the key.
Theresa Alt, 206 Eddy Street. She stated her enjoyment to find that the CIITAP is
at 20% affordable housing. She would like to see this continue in the Green
Street project. She then spoke on the need for a municipal bank.
Sheryl Swink, 321 North Albany, does not like what she’s hearing about a
Northside moratorium. W e need to be careful of infill development. We need
to focus on Stage! II of the comprehensive plan.
David Barham, 314 Cascadilla Street, spoke on infill housing. He owns property
in the City and works in the housing industry. He sees a real need for infill
housing.
Chair Murtagh responded on the Northside moratorium. This idea is very different
than the moratorium on South Hill. He agrees with Sheryl Swink about looking at
the Comprehensive Plan.
Alderperson Brock thanked all who spoke. W e are a City that is overflowing.
She spoke to Fuchs who wants a residential use in an industrial zone; to Fay
Gougakis who wants less noise and changing the hours for food trucks on the
Commons, and the fact that single-family, owner occupied homes are being
sold and turned into duplexes, etc. The loss of owner-occupied property is
dwindling. How are we going to balance these things?
Alderperson Lewis also thanked all who spoke. She agrees with the loss of the
Approved at the
September 5, 2018 PEDC Meeting
owner-occupied properties, but also sees the need for tenant housing. Some
cannot afford to own, but are responsible members of the society.
4) Announcements, Updates, and Reports
Chair Murtagh stated that a few council members will be out for the August
Council meeting. There is talk that the meeting might not happen.
5) Discussion
a) Chicken Ordinance
Julie Holcomb reported on how the current pilot program is going. Thirteen
applications were approved; eight actually followed through. There has been
only one compliant of odor which could be brought on by the hot weather.
Monika Roth responded to the property. W hen she visited, there was no odor.
The amount of square feet needed to raise chickens may be the reason why
people haven’t come forward, but raise chickens anyway.
Alderperson Smith suggested that maybe we should change the square footage
and base it solely on the setbacks of the property.
Julie Holcomb stated with one compliant, the legislation wasn’t very clear as to
what to do. The Police Department didn’t know if they were to go to the offender,
etc.
Julie Holcomb further stated the City doesn’t have the means to really enforce
the policy as it should.
Chair Murtagh stated he would be comfortable extending the program.
Holcomb stated it’s not an urgent matter to decide on since the program already
ended in May 2018.
JoAnn Cornish would like to have an opportunity to review it as to the setbacks,
etc.
It was decided to pass this on to Community Life Commission.
PLEASE TAKE NOTICE that the Common Council of the City of Ithaca, New York, at a
Regular Meeting on June 1, 2016 adopted the following ordinance:
ORDINANCE NO. 2016-13
Approved at the
September 5, 2018 PEDC Meeting
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that backyard chickens, if
properly maintained, can prove a positive initiative for the City, promoting food
sustainability, increasing animal welfare and providing fresh eggs free from pesticides
and chemicals, without presenting a nuisance to neighboring residents or properties.
Section 2. Amendments to Section 164-2(B).
Section 164-2(B) shall be amended to read as follows:
Exception. This section shall not apply to the keeping of chickens to the extent
authorized by Article III of this Chapter, nor to any educational, scientific or research
institution maintaining, with adequate safeguards as to public health, safety, comfort
and convenience, any animals or other creatures for scientific, medical or other
research purposes.
Section 3. Amendments to Section 164-4
Section 164-4 shall be amended to read as follows:
Except as provided in the Agriculture and Markets Law, a violation of this article
constitutes a civil offense punishable in accordance with § 1-1 of the City of Ithaca
Municipal Code except that the unlawful keeping of chickens in the City shall be
punishable as follows:
(a) $250 for the first violation:
(b) $500 for the second violation: and
(c) $750 for the third or subsequent violation.
These penalties shall be in addition to any other penalties provided by law.
Section 4. Creation of Article IV to Chapter 164
An Article IV of Chapter 164 is hereby created as follows:
Article IV: Backyard Chickens 164-
21: Definitions
Lot: As defined in section C-73(C)(1) of the City Charter.
Lot Square Footage: As defined in section C-73(C)(1) of the City Charter.
Property Class Code: As defined in section C-73(C)(1) of the City Charter.
Rear Yard: As defined in section 325-3 of the City Code.
164-22 Back yard Chickens
The prohibition against keeping chickens in this Chapter shall, during a two-year pilot
program that shall expire on May 1, 2018, not apply to up to twenty pilot applicants
Approved at the
September 5, 2018 PEDC Meeting
approved for the keeping of up to four female chickens (hens) per 3,000 Square Foot
Lot while the animals are kept in such a manner that all requirements of this Article are
satisfied.
164-23 : Requirements for Keeping Chickens
A. Chickens may only be kept on those Lots with a Property Class Code of 210,
215, 220, 240, 250, or substantially identical successor designations.
B. Chickens may only be kept on those Lots possessing a Lot Square Footage of
not less than 3,000 square feet.
C. No chicken facility or any structure that houses chickens or any fenced pen area,
either temporarily or permanently, shall be located within any of the following
prohibited areas:
1. W ithin the setback requirements of the zone in which it is located;
2. Within twenty feet of any adjacent Lot’s residential principal structure or
accessory structure that contains a residential unit, or within five feet of
any principal structure on the Lot housing the chickens; and
3. Within five feet from any abutting residential property line, unless the
adjacent owner agrees in writing to a lesser setback.
D. Chickens may only be kept by a domiciliary of a dwelling unit located on the Lot
on which the chickens are kept.
E. Chickens must be kept in and confined in a properly designed and constructed
coop or chicken house, or a fenced and covered enclosure that is at least 4
square feet per chicken in size, which additionally includes a run. Each covered
coop and run combined shall be located in, and shall not cover more than 50%
of, the Rear Yard of the Lot.
F. It shall be unlawful for any person to allow hens to run at large upon the streets,
alleys or other public places of the City, or upon the property of any other person.
G. During daylight hours the adult chickens shall have access to the chicken coop
and, weather permitting, shall have access to an outdoor enclosure on the
subject property, adequately fenced to contain the chickens and to prevent
access to the chickens by dogs and other predators.
H. Chicken feed must be in rodent resistant and weather proof containers.
I. A chicken coop, and the premises where the chicken coop is located, shall be
maintained in a condition such that the facility or chickens do not produce noise
or odor that creates a nuisance for adjoining Lots and the responsible domiciliary
and the owner shall remove any odorous or unsanitary condition. The Lot owner
shall be responsible for the repair on any adjoining Lot of any damage caused by
the chickens, including but not limited to damage to dwellings, structures and
yards, and shall be responsible for any unsafe condition.
J. The person keeping the chickens shall abide by all Solid Waste Storage and
Collection standards of the City's Exterior Property Maintenance Code, §331-7.
K. Roosters and Guinea Fowl are expressly prohibited, regardless of the age or
maturity of the bird.
L. Pilot registration pursuant to Section 164-24 is required for the keeping of
chickens.
Approved at the
September 5, 2018 PEDC Meeting
M. Approved pilot registrants must complete a seminar regarding the care of
chickens in an urban environment from the Cornell Cooperative Extension Office,
or similarly qualified organization acceptable to the Clerk’s Office.
164-24 : Pilot Registration Process and Parameters.
A. No more than twenty pilot registrations for the keeping of chickens shall be
approved under this Article IV.
B. Registration shall take place at the City of Ithaca Clerk’s Office upon
submission of a $35 registration fee, and verification of a completed
chicken-keeping seminar.
C. The City Clerk and Police Department shall, at least three months prior to
the expiration of the pilot program, report to a Committee of the Common
Council on the status of the pilot program.
D. Should the pilot program not be extended after the two-year period,
Cornell Cooperative Extension Office may help rehome the hens in the
program.
E. The City Clerk may revoke registration for a specific site via written notice
to the property owner when the City Clerk or designee finds, at his or her
sole discretion, that any requirements of this Article are not met, a
rebuttable presumption of which shall be created by (a) a record of three
or more complaints to the Ithaca Police Department about a specific site’s
chickens, (b) on the recommendation of Cornell Cooperative Extension, or
(c) on the recommendation of the Ithaca Police Department. Upon
revocation, the City Clerk shall notify the owner in writing of the same, in
compliance with sub-section 164-25, and if the revocation stands, the
owner must remove the hens from the property in coordination with such
assistance as may be available from the Cornell Cooperative Extension
Office, who may assist with rehoming them.
164-25 : Remedies Not Exclusive.
The remedies provided by this Article are cumulative and not mutually exclusive and are
in addition to any other rights, remedies, and penalties available to the City under any
other provision of law.
A. Any chickens that are not kept as required in this Article shall be deemed a public
nuisance and the owner or custodian shall be given thirty days to rectify the
conditions creating the public nuisance. In any case in which the City intends to
correct a violation of this chapter, including removing and confiscating any chickens
present, and then bill the property owner for the correction of the violation, the City
Clerk or his/her designee shall notify the registrant and the owner of the property
and, where relevant, the registered agent who has assumed responsibility as
outlined in § 178-5 of this Code, in writing, of any violation of this chapter.
B. Any notice required by this section shall be served in person or by mail to the
address on the registration form and the address appearing on the City tax roll,
requiring such person, within a time specified in such notice but in no event less
than thirty days from the service or mailing thereof, to comply with this chapter and
Approved at the
September 5, 2018 PEDC Meeting
to abate the nuisance and, as appropriate, to remove the chickens. Such notice
shall also state that the property owner may contest the finding of the City Clerk by
making a written request to have a hearing on the matter held at the next regularly
scheduled meeting of the Board of Public Works.
C. Any request for such a hearing must be mailed and postmarked or personally
delivered to the City Clerk within fourteen days of the service or mailing of notice,
and any such written request for a hearing shall automatically stay further
enforcement concerning the alleged violation pending such hearing. The decision of
the Board of Public Works, by majority vote, shall be binding, subject to any further
judicial review available to either the City or the property owner.
D. Upon the failure of a registrant or property owner to comply with the notice of
violation of this chapter (or, alternatively, to request a hearing as aforesaid within the
time limit stated in such notice, or upon a Board of Public Works’ determination,
after such a hearing, that a violation exists), the City Clerk shall refer the matter, by
memorandum, to the Superintendent of Public Works, who shall cause such
premises to be put in such condition as will comply and shall charge the cost thereof
to the owner of said premises, including a charge of 50% for supervision and
administration. The minimum charge to the property owner for such work shall be
$50.
E. The City Chamberlain shall promptly present to the owner of any parcel so corrected
a bill rendered for such services, as certified by the Superintendent of Public Works.
If not paid within 30 days, the cost thereof shall be assessed against the property,
added to its tax and become a lien thereon, collectible in the same manner as
delinquent City taxes. Appeals from this section shall only be permitted if written
notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing
of the bill from the Chamberlain, and such appeals shall be taken to the Board of
Public W orks.
Section 5. Severability. Severability is intended throughout and within the provisions of
this Ordinance. 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 6. Effective Date. This ordinance shall take effect immediately upon
publication as provided for in the City Charter.
Publish Date June 8, 2016
6) Action Items (Voting to send onto Council)
a) Property Sale of 402 S. Cayuga Street to INHS
Approval of Sale of Property at 402 S. Cayuga Street to Ithaca Neighborhood Housing Services
Approved at the
September 5, 2018 PEDC Meeting
Alderperson Smith moved the resolution; seconded by Alderperson Lewis. Carried
Unanimously.
Four units. Two affordable; two a 100% AMI. All part of the land trust.
WHEREAS, the Ithaca Urban Renewal Agency (IURA) is the owner of vacant real property
located at 402 S. Cayuga Street (tax parcel # 93.‐6‐7), and
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) seeks to acquire 402 S. Cayuga
Street to develop new owner‐occupied town homes , at least two of which will be affordable to
low‐income homebuyers, and
WHEREAS, the IURA is authorized to dispose of property to a specific buyer at a negotiated
price if such buyer is designated as an eligible and qualified sponsor (Sponsor) to carry out an
urban renewal project pursuant to section 508 of General Municipal Law and the sale is
approved by Common Council following a public hearing, and
WHEREAS, on June 29, 2018, the IURA designated INHS as a “qualified and eligible sponsor” eligible to acquire 402
S. Cayuga Street for the purpose of undertaking an urban renewal project to develop affordable for‐sale housing,
and
WHEREAS, the IURA approved entering into a sales agreement for 402 S. Cayuga Street property subject Common
Council approval and the following terms and conditions:
Seller: Ithaca Urban Renewal Agency
Purchaser: INHS, Inc.
Sales price: $30,000.00
Outcome: Development of at least 2 new owner‐occupied residences to be sold to
households earning no more than 80% of area median income Conditions for
Conveyance:
1. Site Plan – Submit proof of site plan approval; and
2. Building Permit – Submit proof of issuance of a building permit authorizing at least
two dwelling units, and
WHEREAS, a public hearing notice was published in the June 30, 2018 edition of the Ithaca Journal
disclosing the essential terms of the proposed sale and a public hearing was held on July 11, 2018,
and
WHEREAS, environmental review on the proposed action to convey the property at 402 S. Cayuga
Street for home‐ownership housing was completed on April 5, 2017, now, therefore be it
RESOLVED, that the City of Ithaca Common Council hereby approves the IURA‐proposed sales
agreement of property located at 402 S. Cayuga Street to Ithaca Neighborhood Housing Services,
Inc. for the purpose of developing at least two affordable for‐sale housing units.
Approved at the
September 5, 2018 PEDC Meeting
b) Amendments to the Waterfront Zoning Districts
Moved by Alderperson Smith; seconded by Alderperson. Carried unanimously.
JoAnn Cornish explained why the boundary decision was made. It was decided that
this particular area would remain solely industrial.
If we made the exception for Fuchs property, it would be looked at as “spot” zoning.
PLANNING COMMITTEE:
An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325,
Entitled “Zoning” To Make Minor Corrections to the Waterfront Zoning
Districts
ORDINANCE NO.
1. WHEREAS, on August 2, 2017, the Common Council established four new zoning districts for the
Waterfront Study Area, the Newman, the Market, The West End/Waterfront, and the Cherry Street
Districts, , the boundaries of which are shown on the map entitled Waterfront Study Area-7/11/2018, and
2. WHEREAS, several items have been identified as minor changes to the waterfront districts that could
improve the implementation of the zoning and allow for the type of development that was anticipated
when the zoning was adopted, and several minor corrections to the existing code that reference zones that
no longer exist have also been identified, and now therefore tt
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 of the City Code be amended as follows:
Section 1. Chapter 325-3B of the Municipal Code of the City of Ithaca,
entitled “Definitions and Word Usage”, is hereby amended to add the following
new definitions:
BUSINESS OR PROFESSIONAL OFFICE - Offices where services are
provided that require specialized training or professional
certification including but not limited to accountant, appraiser,
attorney, architect, engineer, surveyor, stockbroker, physician,
dentist, chiropractor, massage therapist, psychologist, and
optometrist.
Section 2. The following sections of the City Code are no longer relevant
and hereby deleted in entirety:
Section 325-16E
Section 325-28,
Section 325-20D(3)(a)
Approved at the
September 5, 2018 PEDC Meeting
325-29.1D of the Mun
th the following lan
ocation.
ay only be located within the
p.
Section 3. Section 325-26 of the Municipal Code of the City of Ithaca,
entitled “New structures along streams or inlets”, is hereby amended
to read as follows:
No new structure shall be located nearer than 20 feet to an inlet wall or to the bank of an inlet
channel or stream, measured at an average water level, except for those structures directly
connected with marine or public or commercial recreation activities. (See illustration below.)
Properties located within the Waterfront Study Area are exempt from this requirement.
Deleted: waterfront zoning district
Section 4. Section icipal Code of the City of Ithaca,
should be replaced wi guage:
325-29.1 D. L
(1) Adult uses m Adult Use Overlay Zone, as shown on the Official
City Zoning Ma
Section 5. Section 325-8 of the Municipal Code of the City of Ithaca,
entitled District Regulations, is hereby amended in order to change the
minimum building height in the Newman, Market, Cherry Street, and West
End/Waterfront Districts to read as follows:
MINIMUM BUILDING HEIGHT
For Water Dependent Uses there is no minimum building height. For any non-water
dependent uses, buildings must be a minimum of 2 stories in height. The first story of
any new structure must be 12-15 feet in height, measured floor to floor. Each
additional story must be 10-12 feet in height, measured from floor to floor. In
buildings with a pitched roof, a top story contained within the pitched roof shall
be exempt from this requirement. Accessory structures of less than 250 SF may be 1
story. As an exception, any increase in first floor elevation, as required to comply
with flood plain regulations, can be included in the first story minimum height
requirement, however the first floor should not be less than 10 feet in height measured
floor to floor.
Section 7. Section 325-8 of the Municipal Code of the City of Ithaca,
entitled District Regulations, is hereby amended in order to add “Garage,
Public Repair” as an allowable primary use in the Cherry Street Zoning
District.
Section 8. 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.
Approved at the
September 5, 2018 PEDC Meeting
Section 9. 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 10. Effective date. This ordinance shall take effect immediately and
in accordance with law upon publication of notices as provided in the Ithaca
City Charter.
7) Review and Approval of Minutes
a) June 2018
Moved by Alderperson Smith; seconded by Alderperson Brock. Carried
unanimously as amended.
8) Adjournment
Moved by Alderperson Lewis; seconded by Alderperson Brock. Carried
unanimously. The meeting was adjourned at 7:12 p.m.
Approved at the
September 5, 2018 PEDC Meeting
North Ca,mpus Residential Expansion--Comments for 8/8 Meeting https://mail.cityofithaca.org/owa/?ae=ltem&t=IPM.Note&id=RgA. ..
North Campus Residential Expansion--Comments for 8/8 Meeting
Joseph Wilson [wilson.joe79@gmail.com]
Sent:Thursday, August 09, 2018 2:33PM
To: Cynthia Brock; Donna Fleming; Joseph Murtagh; Laura Lewis; Stephen Smith; Deborah Grunder; Lisa Nicholas
To Members of the City Planning and Economic Development Committee,
Regarding Cornell's application for approval of its North Campus
Residential Expansion. am a member of a group formed to review the
application and offer suggestions for improvement. Below are a initial
concerns.
• It appears that the application short-changes the amount of methane
emissions that the project will generate.
• The application seems to ignore how much more methane (CH4), with
its dramatic heat-trapping quality over a 10-20 year span, negatively
impacts the environment when compared to C02. This is critical
because we only have that time to blunt the progress of global
warming.
• The application offers comparisons which seem to ignore that the
buildings will be operating for 50+ years into the future. As an
example, the fact that grid electricity will become less methane
intensive over time while Cornell's 11 Co-gen 11 will continue to operate on
fracked gas/methane is not used in calculations.
• The projected increases in gas use and emissions violate Community
Plans which call for reductions NOT increases in both.
• There are reasonable and do-able alternatives and mitigation measures
to offset the negative environmental impact of gas and emissions which
the Applicant has chosen NOT to implement. Among the more obvious
seems to be using grid-electricity driven ground-source heat pumps
NOW rather waiting 15 or more years to learn if the Applicant's 11 Deep
Earth.. initiative will succeed.
Approved at the
September 5, 2018 PEDC Meeting
Joseph M. Wilson
1of2 8/13/2018, 4:01 PM