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Home My WebLink About08-08-18 Planning and Economic Development Committee Meeting AgendaPEDCMeeting PlanningandEconomicDevelopmentCommittee IthacaCommonCouncil DATE:August8,2018 TIME:6:00pm LOCATION:3rdfloorCityHall CouncilChambers AGENDAITEMS ItemVoting Item? Presenter(s) Time Start 1) CalltoOrder/AgendaReview 2) SpecialOrderofBusiness a)PublicHearingͲͲProposedDispositionofPropertytoEmmy’s Organics–CherryStreetIndustrialPark 3) PublicComment 4) Announcements,Updates,andReports 5) ActionItems(VotingtoSendontoCouncil) a)NIIFApplication–IthacaHousingAssoc.NationalNightOut b)ProposedPropertySaletoEmmy’sOrganics,Inc. c)IntercityBussesPickup/Discharge–GreenSt/NYSRt.79E d)ChildͲFriendlyCity 6) ReviewandApprovalofMinutes a) July2018 7) Adjournment No Yes No No Yes Yes Yes Yes Yes Yes SephMurtagh,Chair MeganWilson,SeniorPlanner AnisaMendizabal,IURA JenniferKusznir,SeniorPlanner TomKnipe,Dep.Dir.,EconDev. 6:00 6:05 6:15 6:30 6:35 6.45 7:05 7:30 7:50 8:00 **Outofconsiderationforthehealthofotherindividuals,pleasetrytorefrainfromusingperfume/cologneandother scentedpersonalcareproductsatCityofIthacameetings.Thankyouforyourcooperationandunderstanding.** Ifyouhaveadisabilityandrequireaccommodationsinordertofullyparticipate,pleasecontacttheCity Clerkat274Ͳ6570by12:00noononTuesday,August7,2018. Page1of2 IthacaUrbanRenewalAgency Customer#330780 108EastGreenStreet Ithaca,NY14850 (607)Ͳ274Ͳ6565 ContactPerson:NelsBohn July26,2018 LegalAdvertisingDepartment TheIthacaJournal SentviaeͲmail:cnylegals@gannett.com LEGALNOTICE PleasepublishassoonaspossiblethefollowingpublichearingnoticeonceintheLegalssectionof theIthacaJournalinmultiplecolumnstofacilitatereadability. PublicHearing CityofIthaca ProposedDispositionofProperty CherryStreetIndustrialPark Apublichearingwillbeheldat6:00P.M.,Wednesday,August8,2018,beforethePlanning&Economic DevelopmentCommitteeoftheCityofIthacaCommonCouncilinCouncilChambersofCityHall,108E. GreenStreet,Ithaca,NYonaproposedsaleofrealpropertybytheIthacaUrbanRenewalAgency(IURA)as follows: TypeofDisposition:Salescontractforfeesimpleownership Seller: IURA Purchaser:Emmy’sOrganics,Inc.oralegalentitytobeformedthatisownedbytheprincipals ofEmmy’sOrganics,Inc. Property:Portionoftaxparcel#100.Ͳ2Ͳ1.21locatedatsoutherlyendofCherryStreet,Ithaca, NY. Size:2.601acres PurchasePrice:$242,000 FutureUse:Constructionofanapproximately10,000sq.ft.foodmanufacturingfacilityfor producingorganic/naturalcookiesandsnacks ConditionsforSale:1. JobCreationͲcreationofatleastfive(5)fullͲtimeequivalentjobswithin twoyearsofprojectcompletion.Atleast51%ofthejobscreatedmustbe filledbylowͲandmoderateͲincomepersonsearningnomorethan80%of theAreaMedianIncome. 2. LivingWagesͲAtleastthree(3)ofthenewjobpositionscreatedshallbe paidatleasta2018livingwageof$15.11/hour(or$13,90/hourwith $2,500/yearemployerpaidhealthcarecontribution)within12monthsof theirhiredate. 3. SitePlan–Purchasershallsubmitproofoffinalsiteplanapprovalwithin 180daysofthedateofthesalescontractagreement. Page2of2 4. ProjectFinancing–Purchasershallsubmitproofoffinancingandequity sufficienttoconstructtheprojectwithin270daysofthedateofthesales contract. 5. BuildingPermit–Purchasershallsubmitproofofissuanceofabuilding permitatleastauthorizingconstructionofthefullfoundationforthe projectwithin365daysofthedateofthesalescontract. CityofIthacaCommonCouncilapprovalisrequiredtoapprovetheabovereferencedsalescontract. WrittencommentsmaybesenttoCommonCouncil,c/oCityClerk,CityofIthaca,108E.GreenStreet, Ithaca,NY14850.FormoreinformationcontactNelsBohnatNBohn@cityofithaca.org. PleaseverifyreceiptofthisorderuponreceipttoNBohn@cityofithaca.org.Pleasedonotsendan affidavitofpublication.SendthebilltotheIthacaUrbanRenewalAgency. Respectfully, Nels Bohn NelsBohn Cc(email):CityClerk K.Cook,IURAAccountant TO: Planning & Economic Development Committee FROM: Megan Wilson, Senior Planner RE: Neighborhood Improvement Incentive Fund DATE: August 1, 2018 Attached are two applications for the Neighborhood Improvement Incentive Fund (NIIF) for this year’s National Night Out (NNO) events, to be held on Tuesday, August 7, 2018. The applicants, the Ithaca Housing Authority Tenant Council and the Family Sites Tenant Council, represent low- moderate income residents living in the South of the Creek and Northside neighborhoods who spend considerable hours of volunteer time organizing and conducting the NNO events. Both groups have sponsored the annual NNO event in their respective neighborhoods for more than 15 years. In past years, the Neighborhood Improvement Incentive Fund has supported celebrations in city neighborhoods for this national occasion that focuses attention on neighborhood safety and solidarity. Expenditures related to the event include food, beverages, sound equipment, DJs, t- shirts, and give-aways for kids, all of which meet criteria for reimbursement. Both of these groups have had success procuring donations from local businesses in past years. Through this endeavor they are furthering the aims of the fund to support resident initiatives to strengthen city neighborhoods. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 JoAnn Cornish, Director DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org Proposed Resolution Planning & Economic Development Committee August 8, 2018 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 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. Page1of2 ProposedResolution Planning&EconomicDevelopmentCommittee August8,2018 ApprovalofIURAͲProposedPropertySaletoEmmy’sOrganics,Inc. WHEREAS,onJune29,2018theIthacaUrbanRenewalAgencydesignatedEmmy’sOrganics,Inc.asa “qualifiedandeligiblesponsor”(Sponsor)toacquirelandlocatedattheendofCherryStreet,partofan undevelopedsixacreparceloflandownedbytheIURA(taxmap#100.Ͳ2Ͳ1.21),and Whereas,Emmy’sproposesa$1.4millionprojecttoconstructanapproximately10,000squarefootfood manufacturingfacilitytoproduceorganic/naturalcookiesandsnacksandaddanadditional5fullͲtime equivalentemployees,ofwhichatleast51%willbelowͲandmoderateͲincomeatthetimeofhire,and Whereas,Emmy’sstartedinIthacabysellingtheirproductattheIthacaFarmer’sMarketandhavegrownto employ19workersattheircurrentleasedoperationslocatedat629W.BuffaloStreet,Ithaca,and Whereas,pursuanttosection507ofGeneralMunicipalLaw,theIURAisauthorizedtodisposeofpropertyto aspecificbuyeratanegotiatedpriceifsuchbuyerisdesignatedasaneligibleandqualifiedsponsor (Sponsor),andthesaleisapprovedbyCommonCouncilfollowingapublichearing,and Whereas,apublichearingnoticewaspublishedintheJuly30,2018editionoftheIthacaJournaldisclosing essentialtermsoftheproposedsaleandapublichearingwasheldonAugust8,2018;now,therefore,beit, RESOLVED,ThattheCityofIthacaCommonCouncilherebyapprovestheIURAͲproposedDispositionand DevelopmentAgreementtosellpropertytoEmmy’sOrganics,Inc.toundertakeanurbanrenewalproject pursuanttothefollowingterms: Seller:IthacaUrbanRenewalAgency Purchaser:Emmy’sOrganics,Inc.(oralegalentitytobeformedthatis majorityownedbytheprincipalsoftheCompany) UrbanRenewalProject:Investmentofapproximately$1.4milliontoconstructand operateanapproximately10,000squarefootfood manufacturingfacilityforproducingorganic/naturalcookiesand snacks,resultinginjobcreation. ProjectSite:2.601acreportionoftaxparcel#100.Ͳ2Ͳ1.21locatedattheend ofCherryStreet,Ithaca,NY. PurchasePrice:$242,000,thefairmarketvalueasdeterminedbyappraisal. Page2of2 JobCreation:Creationofatleastfive(5)fullͲtimeequivalentjobswithintwo yearsofprojectcompletion.Atleast51%offivejobsmustbe filledbylowͲandmoderateͲincomepersonsearningnomorethan 80%oftheAreaMedianIncomeasdeterminedbytheU.S. DepartmentofHousing&UrbanDevelopment. LivingWages:Atleastthree(3)ofthenewjobpositionscreatedshallbepaida 2018livingwageof$15.11/hour(or$13.90/hourwith $2,500/yearemployerhealthcarecontribution)within12 monthsoftheirhiredate. Employment&Wage Reporting: x Quarterlyemploymentandwagereportingshallbe submittedtoSelleruntiljobcreationgoalissatisfiedfortwo consecutivequarters. ConditionsforSale:A. ApprovalofaCherryStreetExpansionsubdivisionoftax parcel#100.Ͳ2Ͳ1.21. B. SitePlanapproval–within180daysofthedateofthe purchaseagreement,purchasersubmissionofproofof finalsiteplanapproval. C. Projectfinancing–within270daysofthedateofthe purchaseagreement,purchasersubmissionofproofof financingandequitysufficienttoconstructtheproject. D. BuildingPermitissuance–within365daysofdateofthe purchaseagreement,purchasersubmissionofproofofa buildingpermitatleastauthorizingconstructionofthe fullfoundationfortheproject. TO: Members of the Planning & Economic Development Committee FROM: JoAnn Cornish, Director of Planning and Development DATE: August 2, 2018 RE: Council Approval for Intercity Busses to Pick up/Discharge Passengers on Green Street/NYS Route 79 East As you have probably heard, the West End Bus Station was slated to close at the end of July as the current operators, Brenda and David Wallace, are planning to retire. I have been told by the owners of the property, Tompkins Financial, that they are not interested in continuing with a bus station in that location. The City held a meeting on July 17th, 2018, to discuss the future of intercity bus service and options for a new bus station location. Represented at that meeting were Shortline/Coach USA, NY Trailways, Greyhound, TCAT, Tompkins Financial, Green Street Pharmacy, the DIA, ITCTC, and City of Ithaca Planning, Engineering, and Parking staff. The meeting was well attended and several solutions were offered; short term we are looking at keeping the buses at the west end station for a few months, until we have a permanent solution in place. The Wallaces have graciously agreed to continue operating until August 31st, 2018. The permanent solution we are exploring is to bring the buses downtown to Green Street. There are many details to work out, but we think it will be a good solution that will better serve passengers who are arriving and departing Ithaca by bus. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 JoAnn Cornish, Director DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org 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 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 can be successfully resolved. TO: Members of the Planning & Economic Development Committee FROM: JoAnn Cornish, Director of Planning and Development on Behalf of the Community Life Commission and the Just Play Project DATE: August 2, 2018 RE: COMMON COUNCIL SUPPORT AND PROMOTION OF CHILDREN’S FREE UNSTRUCTURED PLAY AND MOBILITY IN THE CITY OF ITHACA The Just Play Project, (JPP) 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, and informal play. The Community Life Commission and the JPP are asking that the Common Council and the City of Ithaca support working with community partners, including the JPP, to develop a play policy, play strategy, and conducting audits of existing play and recreation provision with public comment to support the creation of policies for the provision of play in neighborhoods. Additionally, the JPP is asking 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. At the June 18, 2018 Community Life Commission meeting a resolution was passed in support of this request. Resolution attached. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 JoAnn Cornish, Director DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org Child-Friendly Ithaca Resolution ñ Child-Friendly Ithaca Resolution Moved by Tierra Labrada, seconded by Carlie McClinsey 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, including: • “Recreation opportunities will be provided for youth throughout the city,” • “The built environment will be accessible for people of all ages and abilities,” • “Physical, economic, and social barriers to health and wellness will be eliminated,” • “All residents and visitors will have access to parks, trails, recreational facilities, and community activities that support social interaction and physical activity,” • “Public spaces will be welcoming to all residents and visitors,” 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 by 2000 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 Recommended by the City of Ithaca Community Life Commission on June 18, 2018 Page 1 of 3 Child-Friendly Ithaca Resolution 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 Fall 2016 on a number of initiatives to encourage free play opportunities, including: • A youth designed playground at 210 Hancock Street with INHS and Northside United Youth, •Piloting a Playworker-in-Parks “Just Play Days” program in Northside Neighborhood, •Hosting a public talk on Play Deficit by Lenore Skenazy and Peter Gray, •Piloting a Nature-Play-in-Parks program at Wood Street Park with City Forester Jeanne Grace, and •Piloting “Reimagining Recess” projects at four Ithaca elementary schools, which introduce loose parts and playwork training for adult supervisors, 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 Community Life Commission hereby recommends that the Common Council declare the City of Ithaca to be a “Free Range Kid City” and a “Child Friendly City”, and be it further RESOLVED, That the Community Life Commission hereby recommends to Common Council that the City of Ithaca supports 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 Community Life Commission hereby recommends to Common Council that 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 RESOLVED, That the Community Life Commission hereby recommends to Common Council that 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 Recommended by the City of Ithaca Community Life Commission on June 18, 2018 Page 2 of 3 Child-Friendly Ithaca Resolution and pedestrian infrastructure, parks, playgrounds, streetscape improvement projects, streets and other city facilities, and be it further RESOLVED, That the Community Life Commission hereby recommends to Common Council that the City of Ithaca strive to engage children and youth voices in city planning and design, and be it further RESOLVED, That the Community Life Commission hereby recommends to Common Council that 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. A vote on the Resolution resulted as follows: Ayes: (8) Labrada, McClinsey, Hagood, Byrne, Scriber, Swayze, Hall-Schwartz, Hillson Nays: (0) Absent: (0) Abstentions: (1) Keeler Recommended by the City of Ithaca Community Life Commission on June 18, 2018 Page 3 of 3 DRAFT RESOLUTION COMMON COUNCIL SUPPORT AND PROMOTION OF CHILDREN’S FREE UNSTRUCTURED PLAY AND MOBILITY IN THE CITY OF ITHACA 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 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. 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: 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 2) Special Order of Business a) Public Hearing – Property Sale of 402 S. Cayuga Street to INHS 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. b) 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 Worth 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. We 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. We 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 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. When 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 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 Backyard 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 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. Within 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. 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 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 Works. 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 ApprovalofSaleofPropertyat402S.CayugaStreettoIthacaNeighborhoodHousingServices AlderpersonSmithmovedtheresolution;secondedbyAlderpersonLewis.Carried Unanimously. Fourunits.Twoaffordable;twoa100%AMI.Allpartofthelandtrust. WHEREAS,theIthacaUrbanRenewalAgency(IURA)istheownerofvacantrealproperty locatedat402S.CayugaStreet(taxparcel#93.Ͳ6Ͳ7),and WHEREAS,IthacaNeighborhoodHousingServices,Inc.(INHS)seekstoacquire402S.Cayuga StreettodevelopnewownerͲoccupiedtownhomes,atleasttwoofwhichwillbeaffordableto lowͲincomehomebuyers,and WHEREAS,theIURAisauthorizedtodisposeofpropertytoaspecificbuyeratanegotiated priceifsuchbuyerisdesignatedasaneligibleandqualifiedsponsor(Sponsor)tocarryoutan urbanrenewalprojectpursuanttosection508ofGeneralMunicipalLawandthesaleis approvedbyCommonCouncilfollowingapublichearing,and WHEREAS,onJune29,2018,theIURAdesignatedINHSasa“qualifiedandeligiblesponsor”eligibletoacquire402 S.CayugaStreetforthepurposeofundertakinganurbanrenewalprojecttodevelopaffordableforͲsalehousing, and WHEREAS,theIURAapprovedenteringintoasalesagreementfor402S.CayugaStreetpropertysubjectCommon Councilapprovalandthefollowingtermsandconditions: Seller:IthacaUrbanRenewalAgency Purchaser:INHS,Inc. Salesprice:$30,000.00 Outcome:Developmentofatleast2newownerͲoccupiedresidencestobesoldto householdsearningnomorethan80%ofareamedianincomeConditionsfor Conveyance: 1. SitePlan–Submitproofofsiteplanapproval;and 2. BuildingPermit–Submitproofofissuanceofabuildingpermitauthorizingatleast twodwellingunits,and WHEREAS,apublichearingnoticewaspublishedintheJune30,2018editionoftheIthacaJournal disclosingtheessentialtermsoftheproposedsaleandapublichearingwasheldonJuly11,2018, and WHEREAS,environmentalreviewontheproposedactiontoconveythepropertyat402S.Cayuga StreetforhomeͲownershiphousingwascompletedonApril5,2017,now,thereforebeit RESOLVED,thattheCityofIthacaCommonCouncilherebyapprovestheIURAͲproposedsales agreementofpropertylocatedat402S.CayugaStreettoIthacaNeighborhoodHousingServices, Inc.forthepurposeofdevelopingatleasttwoaffordableforͲsalehousingunits. 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 ORDINANCENO.____ 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: x Section 325-16E x Section 325-28, x Section 325-20D(3)(a) 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. Section 4. Section 325-29.1D of the Municipal Code of the City of Ithaca, should be replaced with the following language: 325-29.1 D.Location. (1) Adult uses may only be located within the Adult Use Overlay Zone, as shown on the Official City Zoning Map. 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 Deleted: waterfront zoning district 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. 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.