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HomeMy WebLinkAbout1995-11-27 TOWN OF LANSING Planning Board Monday, November 27, 1995; 7: 30 p . m. PLANNING BOARD MEMBERS (* Denotes present) * Jackie Baker Cheryl Nickel * Lin Davidson Larry Sharpsteen, Chair * Brad Griffin * Robert Todd * Viola Miller * Al White * Larry Tvaroha, Town Councilman - * George Totman, Zoning and Code Enforcement Officer PUBLIC PRESENT Tom Niederkorn The Planning Board began reviewing the 1 / 600 scale map, commissioned from Tom Niederkorn, with the existing zoned areas marked including the Business District (B1 ) which was discussed at the last meeting. (The Business District has been previously referred to as the Town Center District. ) This map will be presented to the Town Board along with the wording for the addition of the Business District to the existing zoning ordinance . Tom indicated that he is still working on the wording at this point. ® Tom stated that several of the board members had spoken to him individually about the interest in bringing Scott Chatfield, an attorney from Cortland, in to address the Planning Board about zoning issues . He thought it was a good idea because Mr. Chatfield would be able to bring his experience and expertise, and may also provide some influence in convincing the Town Board to move ahead with this zoning project. Tom didn't object to bringing Mr. Chatfield in, and indicated that he would be very willing to work together with him in whatever capacity necessary. Mr. Chatfield's expertise is dealing with site plan review . Lin Davidson had spoken with him, and shared his impressions . Larry Tvaroha stated that this issue was raised at the Town Board meeting also . Rich John, the current town attorney, didn't object to bringing Mr. Chatfield in, as he saw it as a learning experience for himself. Everyone agreed that it would be most beneficial to have Tom and Mr. Chatfield have an initial meeting in order to be brought up to date as to the current status of the Planning Board' s progress on this project. Tom acknowledged that this overhaul of the zoning ordinance has been a large and long process. He indicated that this overhaul was intended to make the ordinance easier to use, but through all the steps the board has taken to date it has done just the opposite, and has made it more complex . The whole idea of this Business District has in fact caused a complication in the ordinance . To create a Business District in an area where the town doesn' t have total control over all the property is difficult. Stringent restrictions need to be set forth on private land owners in order to accomplish the objectives of the Business District. Tom stated that what he should have done three months ago is look much more closely at the existing zoning ordinance, and discuss the current ordinance with the Planning Board more thoroughly. Currently there is no commercial district in the Town of Lansing, but the zoning ordinance is written to allow such a district. Tom read through the existing current zoning ordinance which addresses commercial districts, Article 11 (Regulations) . Tom also Town of Lansing Planning Board Page 2 Monday, November 27, 1995 reviewed the current zoning ordinance for Planned Development Areas. If the Town Board adopted the Schedule of Land Uses recently developed by the Planning Board and added the Business District to the current zoning ordinance, after conducting a public hearing, the district would be covered under the current zoning ordinance. Al White questioned how the State ruling will impact this continued partial zoning of the town. Viola indicated that the ruling hadn't been passed yet. Tom stated that even if/when the ruling is enacted, the town can just zone the remainder of the town as rural / agricultural for the time being. Larry Sharpsteen felt that it was part of Cheryl's concept for the Business District to have strict architectural controls, administered by an architectural review board. Larry Tvaroha didn't think that the town was ready to deal with that type of control yet. Another part of the existing zoning ordinance allows the Planning Board to make recommendations on a PDA, but the Town Board has final approval / rejection privileges . Tom suggested developing two business zones : a core area and an outer area. Lin Davidson commented that the use of buffers and hedges might work nicely in the outer area, but within the core area the businesses should work to fit together. Larry Tvaroha felt that the area directly south of the newly proposed district (from East Shore Drive to Waterwagon Road) is in great need of being included. Tom suggested defining the area all the way from Waterwagon Road to Route 34. Tom questioned whether the Town Board would look more favorably on this project if the Planning Board began a more thorough review of the existing zoning ordinance and the districts, rather than continue on the course it has been working on. Larry Sharpsteen felt that the public would feel the same with either option. Those people that are against zoning would still be against zoning. The Planning Board began to amend the existing zoning ordinance. They reviewed existing • and ;proposed districts and the densities and boundaries within each of them. Larry Sharpsteen suggested eliminating the Rural Highway District, and adding the wording that any proposed commercial development in the Rural Agricultural District would be subject to Site Plan Review. This wouldn't rule out any uses, but it would allow some controls . If uses are allowed, then the market will drive whether or not the use will be viable (e.g., McDonalds in the Rural Agricultural District) . If the market will make the use viable, then the town will have some controls through the use of Site Plan Review. Robert was concerned that this discussion was saying two separate things: permitted uses would be listed, and for those not indicated, Site Plan Review would be used; and Site Plan Review would be used to determine what uses would be allowed. Viola felt it was important to keep it simple since there is no way to know what would be needed for that area ten years from now. George commented that in surrounding towns, if a use is not indicated in their ordinance then it is not permitted . Viola felt that that was a better way to go instead of trying to identify each individual permitted use. Larry Sharpsteen disagreed stating that as a whole the board reviewed and decided on all those permitted uses that would work for the Town of Lansing. He thought that all the board members had agreed upon this direction. His impression of what is being said now is that all that will be allowed I in the Rural Agricultural District is agriculture and housing, and any other use would need to be brought before the Planning Board. Al White strongly disagreed that the decision for + i • Town of Lansing Planning Board Page 3 Monday, November 27, 1995 ® the direction the board was working in was unanimous throughout the board members . He felt that the decisions were being forced through by Larry Sharpsteen, but that he was reluctant to speak out many times throughout this long process because of the criticism he received. Robert stated that Al had opportunities and should have used them to speak out all throughout this review process . Larry apologized, indicating that he thought the decisions were mutually agreed upon . Al stated that he has not been in agreement with this strategy from day one. Viola stated that from day one she has felt that commercial uses needed to have approval by coming to the Board or having other standards . Robert stated that he understands Al's frustrations, but didn't feel that he could put all the blame on Larry. Robert stated that when he disagreed with something, he spoke out. Al stated that he is just one member of an eight-member board, and was willing to go along with the consensus of the other board members in their decisions . Lin didn't think everyone was that far apart in their thinking . Al thinks that the board has been trying to micro-manage something that should be simple. There should be an overall statement of intent. He feels that through this ordinance the board should be trying to protect the people in the town from things they want to be protected against and not control them. He felt that by putting every little thing on paper, it is creating a sense of control by the town. The more open the ordinance becomes, the easier it is to administer from the Code Enforcement Officer' s point of view . Then it will be easier to use by the Planning Board and by developers and people who want to live in this town. Robert disagreed with the idea of this ordinance protecting the people. People's private property is theirs; they should be able to do with it what they want. He felt that in his area of the town, people don' t want strict controls . Tom agreed that it would probably be better to keep the area open, and allow the ® people to indicate what they want allowed . Tom suggested creating this rural district and specifying that all uses are permitted, but state that any commercial use (meaning non- residential and non-agriculture) would have to be approved by the Town Board after a Site Plan Review by the Planning Board . The Planning Board continued to try to identify the boundaries of the Business District. They asked Tom to finalize what was agreed upon at this meeting, and come back with the maps . Viola and Jackie suggested getting the board together on December 16 for an entire day working on this project. Lin Davidson made a motion to adjourn this meeting; Robert Todd seconded . VOTE: ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY This meeting was closed at 10:00 p .m. Submitted by Michelle Eastman The next meeting is scheduled for Monday, December 11 , 1995, at 7:30 p. m.