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HomeMy WebLinkAboutPB Resolution 2023-019, 25.-6-7 TOWN OF U LYSSES PLANNING BOARD Planning Board Resolution No. 2023-019 A Resolution for Site Plan and Special Permit for the Jacksonville Community Park Located at 3037 Swamp College Road, Town of Ulysses, Tax Parcel 25-.6-7 WHEREAS, the Planning Board finds the following: 1. The proposed action is in consideration of a site plan and special permit approval for the Jacksonville Community Park located at 3037 Swamp College Road, Town of Ulysses, Tax Parcel 25-.6-7, zoned P/R: Park/Recreation Zone; and 2. The project proposal is to construct improvements to the park including a new off-street parking area and path in order to improve accessibility and use of the park as shown on the site plan dated September 19, 2023; and 3. The P/R zone permits public and private community parks subject to a special permit and site plan review per the Code of the Town of Ulysses 212-112.F and 212-18.C.1; and 4. This is an Unlisted Action for which the Town of Ulysses Planning Board, as lead agency in the environmental review with respect to the project, has on October 3, 2023, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form; and 5. The action required 239 review, and Tompkins County determined in their comment letter dated March 23, 2023, that the proposal will have a significant county-wide or inter- community impact, and recommended modifications and comments for the Board to consider; and 6. The Planning Board did conduct a public meeting on July 18, 2023 and September 19, 2023 and discussed the proposed development; and 7. Notice of the public hearing was published in the Ithaca Journal on September 26, 2023, was posted on the Town's Public Legal Notice Board, was posted on the Town's webpage, was posted on the subject site, and was mailed to property owners within a 500-foot radius of the subject property; and 8. The Board of Zoning Appeals did conduct a public hearing on August 16, 2023 to consider an area variance to reduce the 100' minimum required stream buffer to 25' for the proposed Planning Board Resolution No. 2023-019 Page 1 of 4 ADA off-street parking area, and an area variance to reduce the 100' minimum required stream and wetland buffers to 70' for an existing ADA compliant restroom; and 9. The Board of Zoning Appeals granted both requested area variances; and 10. The Planning Board did conduct a public hearing on October 3, 2023, has reviewed and accepted as adequate a site plan map entitled "Site Plan, Drawing No. Z1.01", prepared by CDN, dated September 6, 2023, and other application materials; and 11. The Planning Board considered the review criteria listed in The Code of the Town of Ulysses, 212.19.E.2 against the proposed site plan as applicable; and 12. The Planning Board has determined that the applicant is in compliance with all other applicable provisions of the Zoning Code and other ordinances as applicable; and 13. The project is sited and designed so as to be harmonious with the surrounding area and should not interfere with the development, use, and enjoyment of adjacent properties and should not have a significant adverse impact upon the agricultural use of neighboring properties; and 14. The project proposal should not result in a significant adverse change to natural resources as the existing parking area next to the wetland will be removed, the proposed parking area will be limited to two to three off-street parking spaces which will be ADA compliant, and both the parking area and the pathway will be constructed with permeable pavement which should minimize potential impacts to both surface and ground water. The Board believes the benefit to the community, to permit the construction of an ADA compliant parking area and pathway in the park, will outweigh the potential detriment to the buffer of the intermittent stream, and will ensure all community members have equal access to utilize the park; and 15. The project will ensure safe and efficient access for all site users, including pedestrians, cyclists, transit passengers, the mobility impaired, and motor vehicles, as applicable; and 16. The project will provide for the adequate protection of significant natural, cultural, heritage, and scenic assets on or near the site; and 17. The project will contribute to existing pedestrian-oriented rights-of-way in relation to the public realm and streetscape; and 18. The project will make for the most efficient use of land and municipal services, utilities, and infrastructure and 19. The Planning Board considered the review criteria listed in The Code of the Town of Ulysses, 212.18.E for the proposed special permit; and Planning Board Resolution No. 2023-019 Page 2 of 4 20. The health, safety, morals and general welfare of the community in harmony with the general purpose of the zoning code will be promoted; and 21. The premises are reasonably adapted to the existing park use which fills a neighborhood and community need; and. 22. The existing park use and the location and design of the proposal is consistent with the character of the P/R zone; and 23. The existing park use is not detrimental to the general amenity or neighborhood character in amounts sufficient to devalue neighboring property or seriously inconvenience neighboring inhabitants; and 24. Operations in connection with the existing park use will not be more unreasonably objectionable to nearby properties by reason of noise, fumes, vibrations, illumination, or other potential nuisance, than the operation of any permitted use in the P/R zone; and 25. Community infrastructure and services, including, but not limited to, protective services, roadways, garbage collection, schools, and water and sewer facilities are currently, or will be, of adequate capacity to accommodate the existing park use; and 26. The existing park use and site layout comply with all the provisions of the zoning code and, to the extent considered by the Planning Board, with other regulations and ordinances of the Town, with the Building Code and all other state and federal laws, rules and regulations, and with the Town's Comprehensive Plan; and 27. The proposed access and egress for all structures and uses are safely designed and the site layout provides adequate access for emergency vehicles; and 28. The general effect of the existing park use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewerage systems, is not detrimental to the health, safety and general welfare of the community; and 29. The lot area, access, parking, and loading facilities are sufficient for the exiting park use and access, parking and loading facilities are adequately buffered to minimize their visual impact; and 30. Natural surface water drainage is adequately managed in accordance with good engineering practices and in accordance with any applicable Town local law or ordinance, including Chapter 156, Stormwater Management and Erosion and Sediment Control, and existing drainageways will not be altered in a manner that adversely affects other properties; and 31. To the extent reasonably deemed relevant by the Planning Board, the existing park use and building complies with all the criteria applicable to site plan review. Planning Board Resolution No. 2023-019 Page 3 of 4 NOW, THEREFORE, THE PLANNING BOARD RESOLVES THE FOLLOWING: The Planning Board hereby grants Special Permit and Site Plan Approval for the proposed development as described above, and as shown on the site plan noted above, subject to the following condition: Condition of Approval 1. The proposal shall utilize lower-level LED lighting, and all outdoor LED lighting shall not be high han 2700 CCT. ib - o - a-3 Pla ning o ce Zhair Date Ayes: Klankowski, Klein, Liddle, Schneider Nays: Absent: Abstain:Angie Information for Applicant 1. This approval shall expire within 18 months from the date of this decision unless a building permit has been obtained by the applicant, or if the applicant fails to comply with the conditions of this approval. 2. This special permit approval may be revoked by the Planning Board if the conditions of the special permit are violated. 3. This special permit shall run with the land and can be transferred to successive property owners, unless the permit has expired or has been revoked for failure to meet the permit conditions. Planning Board Resolution No. 2023-019 Page 4 of 4