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HomeMy WebLinkAboutArticle IX Section 24, III, 1.pdfArticle IX Section 24, III, 1 The following factors shall be considered by the Board: a. The location and site of the use. The site is located at 520 Wyckoff Rd in the Village’s Multihousing Zoning District approximately one-half mile from the main Cornell University campus on the south side of Fall Creek. The site is also located within the Cornell Heights historic district. The Village of Cayuga Heights has no regulations pertaining to this historic district. Per Tompkins County, current property class is residential and current land use is one-family residential. b. The nature and intensity of the operation involved. The proposed operation is a chapter house for the Phi Mu sorority. The sorority currently has between 110 and 120 members. Based on building code and room measurements, the house can accommodate 16 residents. National Phi Mu sorority executives envision 12 – 15 students living in the house along with one full time resident house director. Any sorority member is entitled to visit the chapter house regardless of whether she lives there. Phi Mu Sorority executives envision that sorority-wide chapter functions will periodically take place at the house. Therefore, the proposed operation will entail more intensive use of the site than would ordinarily be expected for one-family residential use. c. The size and topography of the site in relation to it. Site acreage is approximately 0.43 acres (18,910 square feet). This acreage places it within the 25th quartile of all one-, two-, and three-family parcels by size in the Village, meaning it is of comparatively small size in relation to other Cayuga Heights family residential parcels. The lot is approximately 114 feet wide at its widest point and 219 feet long at its longest point. Per Tompkins County, the floor area of the house is slightly more than 2,000 square feet. The slope in the site’s northern half where the house is located is approximately 8 percent. There is a steep slope in the site’s southern half in excess of 30 percent which limits the use of that portion of the parcel. d. The location of the site in respect to the roads giving access to it. The site is located on a slightly curving section of Wyckoff Rd with 95 feet of road frontage. At its nearest point, the house is approximately 30 feet from Wyckoff Rd whose right-of-way is 50 feet. The slope on Wyckoff Rd adjacent to the site is approximately 8 percent. The slope on Wyckoff Rd increases as the street proceeds westward around a curve made “blind” by street curvature and narrowness, and dense vegetation along the sides of the road. The nearest cross streets are Kline Rd to the northwest and Overlook Rd to the east. e. The provisions for parking. There is a driveway on the western side of the site leading to a one car garage. The driveway is approximately 60 feet long and varies in width. At its narrowest point, close to Wyckoff Rd, the driveway is approximately 14 feet wide abutting a masonry wall. There is no legal street parking on either side of Wyckoff Rd adjacent to the site nor elsewhere on Wyckoff Rd between Kline and Overlook Rds. The sorority has secured a commitment from 126 Westbourne Lane Apartments for 14 parking spaces in its lower parking lot. Terms of the commitment are $550.00 annually per parking space for the period 7/1/2016 to 6/30/2017. This is not a permanent arrangement and could be terminated in the future by Westbourne Lane Apartments. It is an approximate 1/8th mile walk from the 520 Wyckoff Rd house to the Westbourne Lane Apartments lower lot. While the apartments are mostly located in the City of Ithaca, the lower lot is located in the Village of Cayuga Heights. Possible overflow parking from the site onto Overlook Rd would likely impact the ability of current Overlook and Wyckoff Rd residents and their visitors to park their cars there. f. The relation of the size of the building and lot to the parking area. Article 14 of the Village’s zoning code states that “Every building used for living purposes shall provide sufficient off-street garage space or parking space for the occupants and employees thereof.” Current use of the site is a one-family residence. There is a one bay garage at the end of a driveway. Cars can be parked in the driveway as well as the garage. The above arrangement may be sufficient for a one-family residence, but is very unlikely to be sufficient for the greater number of occupants and employees associated with the proposed sorority. The parking arrangement with Westbourne Lane Apartments seeks to address this deficiency, but the degree to which it can successfully do so is unclear. Additionally, the overall width of the driveway would appear to preclude cars turning around there and any car heading front end in to park would be required to back up onto the street to exit the driveway. Given that there is a “blind” curve west of the site on Wyckoff Rd, a possible increase in the number of cars backing out of the driveway onto Wyckoff Rd, coupled with an increased possibility of illegally parked cars on Wyckoff Rd associated with more intensive site use, poses a safety concern for site occupants and employees as well as other Village residents. g. Traffic and noise generated by the proposed use. The proposed sorority will increase the number of residents on site and also likely increase the number of visitors to the site since the sorority currently has between 110 and 120 members and any sorority member is able to visit the chapter house regardless of whether she lives there. Additionally, Phi Mu sorority executives envision that chapter functions will periodically take place at the house. Although sorority house rules stipulate “quiet hours” between 10 pm and 10 am and forbid the use of alcohol and a full time house director will reside on site, Phi Mu sorority executives have acknowledged to the Planning Board that change in use to a sorority would increase neighborhood noise and traffic (car, bicycle, pedestrian). They further acknowledged to the Planning Board that, while a House Director will reside on site and sorority rules are strict, no guarantee can be made concerning student behavior. Potential traffic and parking issues associated with the proposed use have been discussed above. With respect to noise, the Village passed a noise ordinance in 2012 the stated purpose of which is “to preserve the public health peace, comfort, repose, welfare, safety and good order.” It is possible and even likely that the proposed use will create at least some additional noise disturbance for neighbors and result in an increase in the number of violations of the Village’s noise ordinance. h. Landscaping. Trees, shrubs, and lawn comprise landscaping in front of the house. Trees and shrubs comprise landscaping in the side yards abutting the neighboring parcels. There is multilevel decking in the rear of the house which overlooks a wooded ravine. Sorority executives do not envision any significant changes being made to the existing landscaping. It is possible that if the sidewalk which terminates at 516 Wyckoff Rd was extended to 520 Wyckoff Rd to accommodate greater pedestrian traffic, mailboxes, electrical utility poles, shrubs, and at least one mature Norway spruce would need to be moved or removed at 516 and 518 Wyckoff Rd. i. Architectural features. The house is Tudor in style with a slate roof. Sorority executives do not envision any change to its architectural features. j. Location and dimension of buildings. The house is located in the northern portion of the lot where the slope is less steep than in its southern portion. The house is irregularly shaped, approximately 56 feet at its widest point and 70 feet at its longest point. Tompkins County lists the perimeter of the house as 225 feet. At its nearest points, it is approximately 37 feet to the neighboring house to the east (518 Wyckoff Rd) and 35 feet to the neighboring house to the west (522 Wyckoff Rd). Due to building location and lot configuration, many of the residences located on this block of Wyckoff Rd do not conform to current side yard setbacks in the Multihousing Zoning District (i.e. the maximum height of the building on the side facing the respective side yard). The non-conforming proximity of buildings on this block would not seem amenable to a significantly more intensive use of the site, particularly from the standpoint of noise and privacy. Windows at 518 Wyckoff look directly into possible bedrooms of the 520 Wyckoff Rd house. k. Impact of the proposed use on adjacent land uses. Per Tompkins County, current property class is residential and current land use is one-family residential. On Wyckoff Rd between Overlook Rd and Kline Rd, most property is one-family residential. There is a sorority east of Overlook at 509 Wyckoff Rd. It is possible, although not certain, that the proposed use may raise real estate values and alter neighborhood character to a sufficient extent that long-term pressure will be put on (1) the desire of current residents to live there and (2) the continuation of one-family residential land use on this block of Wyckoff Rd. l. Effect on the environment. The Planning Board categorized the proposed use as an Unlisted Action under SEQR and conducted a SEQR review. It its determination of significance, the Board found moderate to large impacts potentially related to (1) character and quality of the existing community (2) the existing level of traffic or existing infrastructure for mass transit, biking, or walkway, and (3) environmental resources or human health. The Board acknowledged possible mitigation of the above through the parking commitment from Westbourne Lane Apartments, sorority house rules stipulating quiet hours and forbidding alcohol use, and full time residence of a house director. The Board also acknowledged uncertainty as to the long-term effect on neighborhood property values and character and neighboring one-family residences. Accordingly, the Board resolved that the proposed use could not be judged with certainty to result in significant adverse environmental effects and did not require submission of an Environmental Impact Statement (EIS). However, the Board continues to recognize meaningful areas of concern with respect to the proposed use’s effect on the environment described above and below primarily related to the character of the existing community, traffic safety, and the impact of noise on human health. m. Effect on infrastructure and existing Village services, including sewer, water, drainage and solid waste. The proposed change in use to a sorority would increase the number of residents in the house which would in turn increase the use of Village services such as sewer, water, and solid waste removal. However, such an increase in the context of all such services provided by the Village would be relatively negligible. It is possible that an increase in noise might lead to complaints by neighbors to Village police and result in a small overall increase in the number of calls for police service. There is currently a Village sidewalk on the south side of Wyckoff Rd that terminates near its intersection with Overlook Rd at 516 Wyckoff Rd. The driveway at 520 Wyckoff Rd is approximately 300 feet from the sidewalk’s end. Extending the sidewalk westward 300 feet is probably feasible, but would result in meaningful construction costs to the Village. n. Any other reasonable factors that will promote the safety of the proposed use and the orderly development of the Multiple Housing or Commercial District. The Board has considered the widening of Wyckoff Rd to promote greater safety. However, the curvilinear nature of the road coupled with its slope effectively limits the ability to perform any such widening. o. Effect on population density, if any. The proposed change in use would increase population density for the site and for the block on Wyckoff Rd between Kline and Overlook Rds. The effect on population density for the entire Village would be negligible. It is possible, however, that the proposed use’s effect on adjacent land uses could result over time in still greater population density for the block on Wyckoff Rd and increase population density on Overlook Rd as well. p. Any other factors reasonably related to the health, safety and general welfare of the community. The overarching goal stated by the Planning Board in drafting the Village's Comprehensive Plan adopted January 13, 2014 by the Board of Trustees was "to strike a proper balance between sustaining those factors that make today’s Village a desirable place to live and addressing proactively the short and long term changes that will inevitably arise." Goal QL1 of the plan, stated in part, "Ensure retention of the Village's residential character" and included recommendations to "review and update as needed Village zoning regulations to balance future development with the existing scale, density, and character of historic residential neighborhoods," and to "continue the [Village's] historic role as [a] residential neighborhood." The plan also recommended at least in the Community Corners area that "any future multi- family and commercial development ... [should] have minimal adverse impact on the quality of life in residential neighborhoods" and that the existing zoning ordinance should be replaced "with a comprehensive new ordinance that better protects family residential neighborhoods." A zoning task force was subsequently created to rewrite the Village's zoning ordinance, but has not yet finished doing so and current zoning remains in effect. Nevertheless, Village Trustee Stephen Hamilton advised in his forward to the plan that decisions of the Trustees and Planning Board should conform to the long-range vision stated in the Plan and that the Trustees should try to maintain those qualities that lead people to choose to live in the Village while recognizing that the Village has changed and will continue to change irrespective of residents’ wishes. Based on all of the above, although the proposed use is permitted in the Multihousing Zoning District under the Village’s current zoning ordinance, such a change of use is not consistent with the goals, objectives, and recommendations contained in the Village’s Comprehensive Plan.