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HomeMy WebLinkAboutPB Resolution 2023-020, 14.-1-11, 14.-3-18.1, and 14.-3-18.2 TOWN OF U LYSSES PLANNING BOARD Planning Board Resolution No. 2023-020 A Resolution Recommending Denial of the Proposed Amendment to the Zoning Map at 2030, 2031, & 2051 Gorge Road, Town of Ulysses,Tax Parcels 14.4-11, 14.-3-18.1, and 14.-3-18.2 WHEREAS, the Planning Board finds the following: 1. The Town of Ulysses adopted its first Comprehensive Plan in 1999 and conducted a comprehensive review and periodic update of the Plan in 2009; and 2. The Town of Ulysses adopted its first Zoning Map in 1960 and conducted a Town-wide rezone in 2019; 3. An application was filed to modify the zoning from B1, Business to Development District 11 located at 2030, 2031, & 2051 Gorge Road, tax parcels 14.-1-11, 14.-3-18.1, and 14.-3-18.2; and 4. The Planning Board held a public hearing on the matter on September 5, 2023; and 5. Notice of the public hearing was published in the Ithaca Journal on August 31, 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 6. The Planning Board heard the applicant's presentation, public comments, and determined the following for the proposed rezone: a. Hotel uses are a listed permitted use in the 131 zone subject to site plan approval by the Planning Board. The applicant has proposed amendments to the existing development standards of the 131 zone that would facilitate a taller and larger building. However, the applicant has documented how the expansion of the hotel use could be accomplished in compliance with the existing development standards. While the Planning Board acknowledges the need within the community for hotel uses, the existing zoning for the subject site permits the use, and the existing development standards would facilitate needed expansion; therefore, a rezone is not required for the use or a proposed expansion to the use. b. The subject site is surrounded by Taughannock Falls State Park, is adjacent to Tompkins County's Taughannock Gorge Unique Natural Area, and is in close proximity to both Taughannock Creak and Cayuga Lake. While the Planning Board acknowledges the Planning Board Resolution No. 2023-020 Page 1 of 5 desirability of the location, as stated previously, the existing zoning permits hotel uses and the existing development standards would facilitate needed expansion. As a rezone is not required in order to facilitate the needs of the applicant, the Planning Board is concerned with establishing a precedent that could result in further rezone requests in this area, and along Route 89 Scenic Byway, for additional hotel uses should this rezone request be approved. c. The applicant has not proposed any new land use that is not permitted under the existing zoning for the subject site. The existing character of the neighborhood is comprised of a state park, low density residential uses, and the existing hotel use on the subject site. As a rezone is not required in order to facilitate the needs of the applicant, expansion to the existing use would be reviewed by the Planning Board for potential impacts on the future quality of the neighborhood during site plan review. d. The applicant has proposed potential safeguards to mitigate possible detrimental effects expansion of the existing use could have on the entire area and on adjacent property. However, proposed mitigation efforts pertaining to water usage, stormwater, and wastewater have been highly conceptual and lacking in sufficient detail for the Planning Board to make a determination that the proposed expansion will not have a detrimental effect on the entire area or on adjacent property. e. Proposed potential safeguards to preserve existing trees and outstanding topographic or geologic features, and to reduce potential soil erosion and sedimentation have been highly conceptual and lacking in sufficient detail for the Planning Board to make a determination that the proposed expansion will not have detrimental effect on the natural environment. f. The Planning Board has determined there is sufficient evidence that the application is not compatible with the goals of the Comprehensive Plan. The 2009 Comprehensive Plan Future Land Use Map designates the subject area as 'Conservation Area'. The intent of the Conservation Area Land Use is to promote the protection of the significant natural resources including steep terrain, streams and gorges, and highly-erodible soils through appropriate regulation that could include overlay zoning, density limitations or other development guidelines. Appropriate land uses include single-family residential, small-scale agricultural enterprises, small-scale eco-tourism based business, and other low impact uses. The environmental sensitivity of this area demands establishing strong zoning regulations to guide appropriate scale development and protect the significant natural resources in this area. The Planning Board has determined that the applicant has not provided sufficient details to prove the proposed rezone would support the intent of the Conservation Area. Policy Area 1 states the Town will strive to employ sound development practices, proper zoning guidelines, and community stewardship to reduce or eliminate the degradation of the Town's natural features and open spaces including woodlands, wetlands, waterfalls, gorges, and lakeshore. The Planning Board has determined that the applicant has not provided sufficient details to prove the proposed rezone would provide greater reduction or elimination to the degradation of the Town's natural features and open Planning Board Resolution No. 2023-020 Page 2 of 5 spaces over existing zoning regulations. Policy Area 1, Objective 1.1, Action B states mechanisms to protect and preserve environmentally sensitive areas such as steep slopes, wetlands, Unique Natural Areas, mature forests and important wildlife habitats should be implemented to preserve and protect the Town's natural and environmental resources. The Planning Board has determined that the applicant has not provided sufficient details to prove the proposed rezone would provide better protective measurements over existing zoning regulations. Policy Area 1, Objective 1.1, Action E states zoning regulations should protect the Cayuga Lake waterfront and ensure development is consistent with the lakefront's existing character and compatible with the natural environmental features. The Planning Board has determined a taller and larger building on the subject site is not consistent with the existing character of the neighborhood or the natural environmental features. The Planning Board has also determined the applicant has not provided sufficient details to prove the proposed rezone would provide better protection of the waterfront, or ensure the development would be more consistent or more compatible with the existing character of the natural environmental features over existing zoning regulations. Policy Area 1, Objective 1.1, Action H states the Town will preserve the Unique Natural Areas defined in the Tompkins County Environmental Management Council's Unique Natural Areas Inventory. The subject site is adjacent to the Taughannock Gorge Unique Natural Area. The Planning Board has determined that the applicant has not provided sufficient details to prove the proposed rezone would provide better preservation of the Taughannock Gorge Unique Natural Area over existing zoning regulations. Policy Area 1, Objective 1.2, Action B states the Town will ensure stormwater management, erosion, and sediment control of new development will be no greater than pre-development rates and that impact to streams and roadside ditches will be prevented. The Planning Board has determined that the applicant has not provided sufficient details to prove the proposed rezone would provide better protection of stormwater management, erosion, and sediment control over existing zoning regulations. Policy Area 1, Objective 1.2, Action C states the Town will protect wetlands. The Planning Board has determined that the applicant has not provided sufficient details to prove the proposed rezone would provide better protection of wetlands over existing zoning regulations. Policy Area 1, Objective 1.2, Action G states the Town will protect the quantity and quality of groundwater for Town residents, including the preservation of open space and prohibiting over withdrawal of groundwater resources, and limiting potential negative impacts associated with septic systems, agricultural practices and commercial contaminants. The Planning Board has determined that the applicant has not provided sufficient details to prove the proposed rezone would provide protection of the quantity and quality of groundwater, or that negative impacts associated with septic systems and commercial contaminants would not occur. Planning Board Resolution No. 2023-020 Page 3 of 5 Policy Area 2 states sustainable growth and development shall be encouraged through the implementation of sound land use planning principles, and that the Town will support development patterns that conserve its unique natural resources, reduce energy consumption, and strive to enhance land values within the Town.The Planning Board has determined that the applicant has not provided sufficient details to prove the rezone will ensure greater conservation of unique natural resources, greater reduction of energy consumption, or how land values would be enhanced over existing zoning regulations. Policy Area 2, Objective 2.2 states future commercial development will be limited to designated areas as defined on the Future Land Use Plan including Transitional Commercial and Office and Technology Mixed Use. The subject site is designated as Conservation Area, not Transitional Commercial or Office and Technology Mixed Use. While the Planning Board acknowledges the subject site is currently zoned B1 and the existing use is commercial development, the Board does not recommend rezone of Conservation Area designated lands to commercial development. A rezone of the subject site should comply with the intent of the Conservation Area: single-family residential, small-scale agricultural enterprises, small-scale eco-tourism based business, and other low impact uses. The Planning Board has determined that the scale of the proposed building is greater than what is currently allowed under the zoning code, and should not be considered a small-scale eco-tourism based business. Policy Area 2, Objective 2.6 states the Town will preserve and protect the Town's rural characteristics. The Planning Board has determined that the applicant has not provided sufficient details to prove the proposed rezone would provide better preservation of the rural characteristics of the neighborhood over existing zoning regulations. Policy Area 3, Objective 3.2 Action A states the Town will encourage small tourism- based businesses in designated mixed-use and commercial areas. Appropriate neighborhood-scale uses that will benefit the local tourism industry may include bed and breakfasts, restaurants, and specialty boutique stores. The subject site is a commercial zoned area, and existing zoning regulations permit hotel use and needed expansion. The Planning Board has determined that the scale of the proposed building is greater than what is currently allowed under the zoning code, and should not be considered a small-scale tourism-based business. Policy Area 3, Objective 3.3 states the Town will balance between limiting new development in the Town and creating a business-friendly environment. The zoning of the subject site permits hotel uses and the existing development regulations support needed expansion. The Planning Board has determined that the applicant has not provided sufficient details to prove that existing development regulations do not create a business-friendly environment of sufficient magnitude to warrant a rezone. g. The applicant has stated that common open space should be relevant only to residential development and that there was no proposal to provide open space for the public. The Planning Board disagrees with this assessment and notes many jurisdictions require common, public open space as part of non-residential development. Planning Board Resolution No. 2023-020 Page 4 of 5 h. The applicant has noted that there could be a phased approach to the overall site development, but has focused primarily on proposed development regulations for one new building. The applicant noted in the future there could be an additional new building. The Planning Board has determined that the applicant has not provided sufficient information on the overall site development and impact of all potential phased development. i. The applicant has provided conceptual evidence on their capacity to carry out the development plan, both the physical impacts and financial. However,the Planning Board has determined that the applicant has not provided sufficient information to indicate the capacity to provide for and protect the long-term physical impacts of the proposal including water usage, stormwater impacts, and wastewater impacts, and has not provided sufficient information to document the cumulative financial impacts of the proposal or the capacity to obtain the needed assets to fully execute the proposal. 7. The Planning Board has determined that the applicant has not provided sufficient information to prove that the proposed rezone will ensure greater public health, safety, and welfare, or promote a greater long-term interest for the Ulysses community, over what is currently provided for in the existing zoning regulations. NOW, THEREFORE, THE PLANNING BOARD RESOLVES THE FOLLOWING: The Planning Board recommends the Town Board deny the proposed Zoning Map amendment for the property located at 2030, 2031, & 2051 Gorge Road from Business to Development District 11. Planning Board Chair Date Ayes: Angie, Klein, Liddle, Schneider Nays: Absent: Abstain: Klankowski Planning Board Resolution No. 2023-020 Page 5 of 5