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HomeMy WebLinkAboutPB Minutes 1994-06-07TOWN OF ITHACA PLANNING BOARD June 7, 1994 FILED TOWN OF ITHACA Date � � L�► The Town of Ithaca Planning Board met in regular session on Tuesday, June 7, 1994, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7 :30 p.m. PRESENT: Chairperson Robert Kenerson, Hoffmann, James Ainslie, Herber Stephen Smith, Gregory Bell, Planner), Daniel Walker (Town (Assistant Town Planner), Loui John Barney (Town Attorney). Virginia Langhans, Eva t Finch, Candace Cornell, Jonathan Kanter (Town Engineer), George Frantz se Raimondo (Planner I), ALSO PRESENT: Attorney Shirley Egan, Lewis Roscoe, Bruce Brittain, Nancy Brcak, Brent Stephans, John Gutenberger, James Skaley, Larry Fabbroni, Steve Lucente, Jon Lucente, Jerrold Davis, Peter Rothbart, Arno Selco, Rocco Lucente, David Allen. Chairperson Kenerson declared the meeting duly opened at 7 :32 p.m. and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in the Town Hall and the Ithaca Journal on May 23, 1994, and May 31, 1994, respectively, together with the Secretary's Affidavit of Service By Mail on said Notice upon the various neighbors of each of the properties under discussion, as appropriate, upon the Clerks of the Town of Dryden, City of Ithaca and the Town of Ithaca, upon the Tompkins County Commissioner of Public Works, upon the Tompkins County Commissioner of Planning, and upon the applicants and /or agents, as appropriate, on May 31, 1994. Chairperson Kenerson read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. Town Attorney John Barney addressed the Board and welcomed the new Town Planner, Jonathan Kanter, and stated that he looked forward to working with Mr. Kanter. PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO THE PROPOSED REZONING OF 271 + /- ACRES, COMPRISING THOSE PORTIONS OF TOWN OF ITHACA TAX PARCEL NOS. 63 -1- 10, 63 -1 -111 64 -1 -1, AND 64 -1 -2, BOUNDED BY NYS ROUTE 366 ON THE NORTH, GAME FARM ROAD ON THE EAST, CASCADILLA CREEK ON THE SOUTH, AND JUDD FALLS ROAD ON THE WEST, FROM RESIDENCE DISTRICT R -30 TO SPECIAL LAND USED DISTRICT (SLUD). CORNELL UNIVERSITY, OWNER; LEWIS ROSCOE, AGENT. " f Planning Board 2 June 7, 1994 Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened at 7:36 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Chairperson Kenerson stated that this was a Public Hearing and asked if anyone from the Public wished to speak. Chairperson Kenerson stated that the Planning Board was considering the actual Special Land Use District (SLUD) agreement that the Town Board would consider and put into Town Law to govern this particular piece of property. (Special Land Use District (SLUD) is attached hereto as Exhibit #1) Brent Stephans, President of the Forest Home Improvement Association, addressed the Board and read the following: "Forest Home Improvement Association has no quarrel with Cornell University developing Precinct 7 per say. Our concern has been and continues to be over the impact vehicular traffic will have on our community and other neighboring residential neighborhoods as a direct result of increased traffic flowing to and from the developed Precinct 7. The GEIS addresses the traffic increases and then cavalierly dismisses the problem with a solution of adding traffic lights. We urge the Planning Board to remember that our neighborhood is densely populated with narrow streets and no sidewalks. Children, elderly pedestrians, child walkers, and other pedestrians are frequently encountered during the Cornell rush.hours. Adding more traffic to the already congested flow puts pedestrians in more jeopardy during peak traffic hours and at other times. Please remember that it is not the impact of traffic in the neighborhood, it is the impact of traffic on the neighborhood that you should be most concerned about. Thank you." Chairperson Kenerson closed the Public Hearing and brought the matter back to the Board for discussion. Board Member Candace Cornell asked Mr. Stephans if there was a specific item in the Special Land Use District (SLUD) that was particularly bothersome to him. Mr. Stephans responded that he felt that the traffic issue should be included in the Performance Standards portion of the SLUD. Board Member Eva Hoffmann addressed the public and stated that she understood that the traffic was important, but that she felt that the Planning Board could manage the traffic issues with what is in the documents and through the changes that were done to the Findings Statement to address the traffic impacts. Board Member Candace Cornell addressed the public and stated y � Planning Board 3 June 7, 1994 that the Planning Board felt that they had worked on behalf of the public concerns regarding the traffic issues. There appearing to be no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by Candace Cornell: RESOLVED, that the Town of Ithaca Planning Board hereby recommends to the Town of Ithaca Town Board the adoption of the proposed rezoning of 271 + /- acres, comprising those portions of Town of Ithaca Tax Parcel Nos. 63 -1 -10, 63 -1 -111 64 -1 -1, and 64 -1 -2, bounded by NYS Route 366 on the north, Game Farm Road on the east, Cascadilla Creek on the south, and Judd Falls Road on the west, owned by Cornell University, from Residence District R -30 to Special Land Use District (SLUD). There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Ainslie, Hoffmann, Finch, Cornell, Smith, Bell. Nay - None. The MOTION was declared to be Carried Unanimously, Chairperson Kenerson declared the matter of the Recommendation to the Town Board the adoption of the Cornell University Special Land Use District to be duly closed at 7:44 p.m. AGENDA ITEM. APPROVAL OF MINUTES - May 17, 19940 Motion by James Ainslie, seconded by,Candace Cornell: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of May 17, 1994, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Ainslie, Hoffmann, Finch, Cornell, Smith, Bell. Nay - None. The MOTION was declared to be carried unanimously. APPROVAL OF MINUTES - March 5, 1992. Motion by Herbert Finch, seconded by Virginia Langhans: Planning Board 0 June 7, 1994 RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of March 5, 1992, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Finch, Cornell, Smith. Nay - None. Abstain - Hoffmann, Ainslie, Bell. The MOTION was declared to be carried. APPROVAL OF MINUTES April 7, 1992. MOTION by Candace Cornell, seconded by Stephen Smith. RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of April 7, 1992, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Finch, Cornell, Smith, Nay - None. Abstain - Hoffmann, Ainslie, Bell. The MOTION was declared to be carried. APPROVAL OF MINUTES - May 5, 1992. Motion by Virginia Langhans, seconded by Herbert Finch. RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of May 5, 1992, be and hereby are approved as written. Aye - Kenerson, Langhans, Finch, Cornell, Smith. Nay - None. Abstain - Hoffmann, Ainslie, Bell. The MOTION was declared to be carried. APPROVAL OF MINUTES - July 7, 1992. Motion by Candace Cornell, seconded by Virginia Langhans. RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of July 7, 1992, be and hereby are approved with one Planning Board 5 correction: June 7, 1994 On Page 1, under PRESENT, the name of Candace Cornell need to be added. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Finch, Cornell, Smith. Nay - None. Abstain - Hoffmann, Ainslie, Bell. The MOTION was declared to be carried. The Recording Secretary, Starr Hays, addressed the Board and stated that the minutes to be approved at the Planning Board Meeting of June 21, 1994, were all of the remaining minutes regarding the Cornell University Precinct 7, Generic Environmental Impact Statement. Ms. Hays stated that the Minutes for approval at the July 5, 1994 Planning Board Meeting were the remaining minutes regarding the Ithacare Project. Ms. Hays asked if there were any objections from the Board Members. There were no objections. Chairperson Kenerson stated that there was some time prior to the next scheduled Public Hearing and asked if the Board had anything they wished to discuss. Board Member Candace Cornell stated that she had been considering the dilemma over the obstruction of the views at the proposed Ithacare site and asked if it would be feasible to move the overlook north, toward the City of Ithaca, to protect the views without having to change the proposed Ithacare building site. Board Member James Ainslie stated that the view of the lake was not obstructed which should be the real concern. Board Member Eva Hoffmann stated that if the Planning Board moves the overlook north to the end of Ithacare's property, and an additional building was proposed to be built on the adjoining property, how would the Board protect the view. Board Member Candace Cornell stated that if Ithacare is built in that spot, the Board could request the overlook be moved and still retain the view. Ms. Cornell wanted to know if it was possible to move the overlook to protect the view, and if so, the Board should consider that as a mitigation measure. Planner I, Louise Raimondo stated that there was enough room to move the overlook north without interfering with the site distance from the access road. Ms. Raimondo stated that moving the overlook was an option. Planning Board 6 June 7, 1994 AGENDA ITEM: CONSIDER RECOMMENDATION TO THE TOWN OF ITHACA TOWN BOARD CONCERNING TROY ROAD AND CODDINGTON ROAD WATER EXTENSION PROPOSAL AND WEST HAVEN ROAD SEWER PROPOSAL. Chairperson Kenerson declared the above -noted matter duly opened at 8 :04 p.m. Troy Road Town Engineer Daniel Walker addressed the Board and stated that the Town Board had requested that the Planning Board make a recommendation on extending the water on Troy Road. Mr. Walker gave a brief outline showing where the water extension was proposed and answered any questions the Board Members had. Mr. Walker stated that Mr. & Mrs. Jack Little would be participating 10 to 15 percent in the actual construction cost of the extension, or about $2,000 per unit had been offered by the Little's as part of the approval of their subdivision. Assistant Town Planner George Frantz stated that the extension on Troy Road would be serving what is essentially a developed area, given the size and configuration of the lots. Mr. Frantz stated that the extension would not result in any significant adverse impacts with regard to the neighborhood character. There appearing to be no further discussion, the Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Candace Cornell, seconded by Virginia Langhans: RESOLVED, that the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board approve the water extension project on Troy Road. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Hoffmann, Ainslie, Finch, Cornell, Smith, Bell. Nay - None. The MOTION was declared to be Carried Unanimously. Coddington Road Town Engineer Daniel Walker addressed the Board and asked them to refer to the evaluation memo dated May 6, 1994, prepared by Assistant Town Planner George Frantz. (Attached hereto as Exhibit #2) Mr. Walker pointed out the location of the proposed extension on the map included with Mr. Frantz' report, and reviewed the proposal and answered the questions of the Planning Board Members. Planning Board 7 June 7, 1994 Mr. Walker stated that the water would serve Coddington Road and South Woods Subdivision. Mr. Walker stated that the Coddington Road Community Center initiated the request for water extension in the area. Mr. Walker also stated that sewer could be added in this area along the Six Mile Creek trailway. Chairperson Kenerson stated that the Planning Board had the following options that could be recommended to the Town Board. (i)Leave alone, no water or sewer; (ii)extend water to the Community Center; (iii)make sewer connection; (iv)do not make a sewer connection; and (v)make water and sewer connections in one shot. Chairperson Kenerson stated that the Board Members needed to determine which they felt was appropriate for the area and make that recommendation. Board Member Candace Cornell stated that she would recommend to the Town Board that the extension of both utilities be granted but only with a method of limiting density, such as Conservation Zoning, as had been recommended in the Six Mile Creek Valley report. Town Attorney John Barney stated that the Town Board is exploring options available for controlling the density within the Town of Ithaca. Board Member Gregory Bell asked if the Planning Board needed to do an Environmental Impact Statement on the sewer extension. Attorney Barney responded that as the Lead Agency, the Town Board had the responsibility to prepare the Environmental Assessment. Chairperson Kenerson stated that the matter would be further discussed after the 8:30 p.m. Public Hearing. AGENDA ITEM. SANCTUARY WOODS SUBDIVISION. CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR A TWELVE LOT SUBDIVISION ON TOWN OF ITHACA TAX PARCEL NOS. 73 -1 -6, 73- 1 -7.21 AND 73- 1 -8.2, 5.33 + /- ACRES WITH WATER AND SEWER CONNECTIONS AND APPROXIMATELY 760 LINEAR FEET OF ROADWAY. A TEMPORARY TRAIL RIGHT OF WAY IS PROPOSED TO FULFILL THEIR PARK AND RECREATION LAND DEDICATION. STEPHEN LUCENTE, APPLICANT. Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened at 8:30 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Larry Fabbroni addressed the Board and stated that the proposal was for a twelve lot subdivision which would buffer the Allen Property. The portion of the land currently owned by Rocco Planning Board 8 June 7, 1994 Lucente would be deeded over to Stephen Lucente. The cul -de -sac and walkways are temporary to fulfill the park and open space dedication requirement. Mr. Fabbroni stated that more formal maps would be provided to the Town of Ithaca before coming before the Planning Board for final subdivision approval. A permanent portion of land would be provided for open space requirement when Rocco Lucente attempts to develop his portion of the land at some time in the future. Rocco Lucente would provide the .53 acre requirement for this subdivision in addition to the normal 10 percent requirement for his parcel at the time of development. Mr. Fabbroni stated that the surface on the trail could be gravel. There was some Fabbroni regarding discussion among the the Environmental Assessment Planning Board and Mr. Form that was submitted for this project. There was concern over the total number of family or acres in the project, two family dwellings, whether it was intended and off - street parking for single needs. Town Attorney John Barney stated that there were no parking requirements for two family homes or less. Mr. Fabbroni stated that there would be access to bus service, via Northeast Transit, Cornell, and public transit. Chairperson Kenerson noted that this was a Public Hearing and asked if anyone from the public wished to speak. Arno Selco, 311 Salem Drive, addressed the Board and asked if the intentions were for the lots to be sold off as vacant lots or if homes would be constructed and then sold. Mr. Fabbroni stated that Mr. Lucente was hoping to have four units constructed this year. Stephen Lucente responded that the homes would be built and then sold, but that he was not going to be selling lots. Mr. Selco stated that there is a vacant lot at the end of the proposed Town of Ithaca future road between his property and Mr. Amato's property at 401 Salem Drive, and the neighborhood children have been playing there. Mr. Selco asked about the safety of the children playing there if there would be heavy equipment going through that area unannounced. Town Attorney John Barney stated that the proposed Sanctuary Woods Road project development poses no threat to the childrens play area or Mr. Selco's home on Salem Drive. Board Member Virginia Langhans asked if the Town owned the Right of Way that exits into Sapsucker Woods Road. Planning Board 9 June 7, 1994 Town Attorney John Barney responded that the Town did not own the right of way, the Town owns the easement over the sewer and water lines. Ms. Langhans stated that the land with the easement belonged to Rocco Lucente and asked if he could sell that land to Stephen Lucente. Town Engineer Daniel Walker stated that Rocco Lucente could sell the land to Stephen Lucente but the easement stays with the property regardless of who owns the property. Mr. Walker stated that the Town of Ithaca has intentions of mowing the right of ways once a year to control the brush growth. Peter Rothbart of 310 Salem Drive, addressed the Board and asked if the road would carry through to Salem Drive. Larry Fabbroni responded and stated that as of now the road does not carry through to Salem Drive, but could be considered in the future. Mr. Rothbart stated that he felt that the cul -de -sac should remain permanently due to the number of children that play and live in the area. Mr. Rothbart stated that if the road goes through, there could be serious safety problems. Mr. Rothbart also stated that when construction started, he wanted the Planning Board to limit the work hours to later in the morning and no construction on weekends, because a lot of people in the neighborhood work nights. Board Member Candace Cornell asked if the Planning Board could limit construction work to work days only. Town Attorney John Barney responded that the Planning Board could limit the hours, but that he did not feel that it was a good idea. Attorney Barney stated that the question is whether it is fair to impose on this developer a different standard than anyone else would have in the Town in the course of construction. Assistant Town Planner George Frantz stated that the problem would be that it would have to apply to everyone including the homeowner who would be replacing his garage roof on the weekend. Board Member Candace Cornell asked if that meant that if the Board asked contractors not to build on weekends then homeowners could not build on weekends either. Mr. Frantz responded, exactly. David Allen, 254 Sapsucker Woods Road, addressed the Board and stated that the traffic problem was bad enough on Sapsucker Woods Road currently, and if the Planning Board allows the road to be Planning Board 10 June 7, 1994 opened, there would be more someone would be killed if speed up that road now. major problems. Mr. Allen stated that the road went through because people Jerrold Davis of 309 Salem Drive, addressed the Board and stated that the Planning Board needs to pay close attention to the wet areas when considering future development in that area. Chairperson Kenerson stated that there has been a wetland survey done for the property in question. Chairperson Kenerson stated that this was a Public Hearing and asked if anyone else from the public wished to speak. No one spoke. Chairperson Kenerson closed the Public Hearing and brought the matter back to the Board for discussion. Board Member Candace Cornell stated that there would be more traffic on Sapsucker Woods Road, and that the road has problems already. Ms Cornell stated that in the future the Planning Board needs to be careful not to compound the problem. There being no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Candace Cornell, WHEREAS: seconded by Herbert Finch: 10 This action is the Consideration of Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 73- 1 -8.2, 24.6 +/- acres total, into 2 parcels, 1.22 +/- acres and 23.38 +/- acres, respectively, for the purpose of completing the proposed Sanctuary Woods Subdivision, located on the west side of Sapsucker Woods Road, Residence District R -15, Stephen Lucente, Applicant; Rocco Lucente, Owner, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and 3. The Planning Board, at has reviewed and accep t Assessment Form Part I prepared by the Town entitled "Preliminary prepared by Lawrence P. 21, 1994, and revised materials, and a Public Hearing held on June 7, 1994, ed as adequate the Short Environmental prepared by the applicant, a Part II Planning staff, a subdivision plat Subdivision Plat, Sanctuary Woods," Fabbroni, Surveyor, and dated January April 12, 1994, and other application Planning Board 11 June 7, 1994 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed action; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Hoffmann, Ainslie, Finch, Cornell, Smith, Bell. Nay - None. MOTION by Virginia Langhans, seconded by James Ainslie. WHEREAS. 19 This action is the consideration of Preliminary Subdivision Approval for the proposed subc Parcel No. 73- 1 -8.2, 24.6 +/- 1.22 +/- acres and 23.38 +/- purpose of completing the Subdivision, located on the Road, Residence District R -15. Rocco Lucente, Owner, and livision of Town of Ithaca Tax acres total, into 2 parcels, acres, respectively, for the proposed Sanctuary Woods west side of Sapsucker Woods Stephen Lucente, Applicant; 2. The Planning Board, at a Public Hearing held on June 7, 1994, has reviewed and accepted as adequate the Long Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town Planning staff, a subdivision plat entitled "Preliminary Subdivision Plat, Sanctuary Woods," prepared by Lawrence P. Fabbroni, Surveyor, and dated January 21, 1994, and revised April 12, 1994, and other application materials, and 3. This is an Unlisted Action Planning Board, acting as Lead has, on June 7, 1994, made significance, and NOW, THEREFORE, BE IT RESOLVED. for which the Town of Ithaca Agency in environmental review, a negative determination of 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Subdivision Approval, as shown on the Preliminary Plat Checklist, having determined from the materials presented that such waiver will result in neither a Planning Board 12 June 7, 1994 significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board. 2. That the Planning Board hereby grants Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 73- 1 -8.2, 24.6 +/- acres total, into 2 parcels, 1.22 +/- acres and 23.38 +/- acres, respectively, for the purpose of completing the proposed Sanctuary Woods Subdivision, as shown on the subdivision plat entitled "Preliminary Subdivision Plat, Sanctuary Woods," prepared by Lawrence P. Fabbroni, Surveyor, and dated January 21, 1994, and revised April 12, 1994, conditioned upon the following: a. The 1.22 +/- acre parcel to be conveyed to Stephen Lucente must be consolidated with Town of Ithaca Tax Parcel No. 73 -1 -7.2 for the purpose of completing the proposed Sanctuary Woods Subdivision. b. The final subdivision plat shall show all the tax parcels in their entirety and with each tax parcel properly labelled. c. A metes and bounds description of the temporary walkway easement and temporary cul -de -sac easement shall be shown on the final plat, and that such easements be in a form acceptable to the Town Attorney, and approved by the Town Attorney prior to final subdivision approval. d. A permanent park and recreation dedication of ten percent (2.46 acres) shall be established when the remainder of the parcel owned by Rocco Lucente (Tax Parcel No. 73 -1- 8.2) is subdivided, as determined by the Planning Board, which 2.46 acres shall be in addition to the .53 acre park and recreation dedication to be placed on the remainder of the parcel (Tax Parcel No. 73- 1 -8.2) by reason of the Sanctuary Woods Subdivision of Stephen Lucente being considered simultaneously with this subdivision. e. The temporary easement referred to above shall remain in effect until such time as there is a future subdivision of said Tax Parcel No. 73 -1 -8.2 and an alternative park and recreation dedication is made acceptable to the Town of Ithaca Planning Board and Town Board. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Hoffmann, Ainslie, Finch, Cornell, Smith, Bell. Planning Board 13 June 7, 1994 Nay - None. The MOTION was declared to be Carried Unanimously. MOTION by Herbert Finch, seconded by Candace Cornell. WHEREAS. 1. This action is the Consideration of Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 73- 1 -7.21 5.33 +/- acres total, into 14 lots, located on the west side of Sapsucker Woods Road, Residence District R -15. Stephen Lucente, Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and 3. The Planning Board, at a Public Hearing held on June 7, 1994, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town Planning staff, a subdivision plat entitled "Preliminary Subdivision Plat, Sanctuary Woods," prepared by Lawrence P. Fabbroni, Surveyor, and dated January 21, 1994, and revised April 12, 1994, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed action; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Hoffmann, Ainslie, Finch, Cornell, Smith, Bell. Nay - None. The MOTION was declared to be Carried Unanimously. MOTION by Stephen Smith, seconded by Herbert Finch. Planning Board 14 WHEREAS. June 7, 1994 1. This action is the consideration of Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 73- 1 -7.2, 5.33 +/- acres, into 14 parcels, for the Sanctuary Woods Subdivision, located on the west side of Sapsucker Woods Road, Residence District R -15. Stephen Lucente, Applicant, and 2. The Planning Board, at a Public Hearing held on June 7, 1994, has reviewed and accepted as adequate the Long Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town Planning staff, a subdivision plat entitled "Preliminary Subdivision Plat, Sanctuary Woods," prepared by Lawrence P. Fabbroni, Surveyor, and dated January 21, 1994, and revised April 12, 1994, and other application materials, and 39 This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on June 7, 1994, made a negative determination of significance, and 4. The applicant has proposed to provide a temporary walkway easement and to construct a walkway as an interim park and recreation dedication, pending a more comprehensive park development in conjunction with other lands of Rocco Lucente, NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Subdivision Approval, as shown on the Preliminary Plat Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, 2. That the Planning Board hereby grants Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 73- 1 -7.2, 5933 +/- acres, into 14 parcels, as shown on the subdivision plat entitled "Preliminary Subdivision Plat, Sanctuary Woods," prepared by Lawrence P. Fabbroni, Surveyor, and dated January 21, 1994, and revised April 12, 1994, conditioned upon the following: a. The final subdivision plat shall show all the tax parcels in their entirety and with each tax parcel properly labelled. Planning Board 15 June 7, 1994 b. The Town Board approves the location of the proposed road, temporary easements, and utilities for this subdivision. c. A metes and bounds description of the temporary walkway easement and temporary cul -de -sac easement shall be shown on the final plat, and that such easements be in a form acceptable to the Town Attorney and shall be approved by the Town Attorney prior to consideration of final subdivision approval. d. A permanent park and recreation dedication of ten percent (0.53 acre) for this parcel shall be included in the park dedication when the remainder of lands owned by Rocco Lucente (Tax Parcel No. 73- 1 -8.2) are subdivided, as determined by the Planning Board. e. Execution of a consent by Rocco Lucente in recordable form implementing paragraph do above by which he agrees that a portion (0.53 acre) of his remaining land, Tax Parcel No. 73- 1 -8.2, will be added to the usual park set aside when said land is subdivided. f. The portion of the parcel labelled "to be added to Patricia Lucente lot" shall be numbered and shown as a separate lot on the final plat, and said lot shall be consolidated with Town of Ithaca Tax Parcel No. 73 -1 -6. g. The road right of way to be dedicated to the Town of Ithaca shall be shown as a separate, numbered lot in the final plat. h. Delivery of deeds from (i) Rocco Lucente, for the portion of the subdivision that lies on lands currently owned by Rocco Lucente, and (ii) Mrs. Margaret Hughes, for the remaining property in the subdivision, and approval of these deeds by the Town Attorney prior to Final Subdivision Approval. i. The temporary easements referred to above shall remain in effect until such time as there is a future subdivision of Tax Parcel No. 73 -1 -8.2 and an alternative park and recreation dedication is made acceptable to the Town of Ithaca Planning Board and Town Board. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Ainslie, Hoffmann, Finch, Cornell, Smith, Bell. Nay - None. Planning Board 16 June 7, 1994 The MOTION was declared to be Carried Unanimously. Chairperson Kenerson declared the matter of the Sanctuary Woods Preliminary Subdivision duly adjourned at 9:57 p.m. AGENDA ITEM: CONSIDER RECOMMENDATION TO TOWN OF ITHACA TOWN BOARD CONCERNING TROY ROAD AND CODDINGTON ROAD WATER EXTENSION PROPOSAL AND WEST HAVEN ROAD SEWER PROPOSAL. (CONTINUED.....) Chairperson Kenerson requested the Board to continue discussion on the above -noted matter at 10:07 p.m. Coddington Road Board Member Virginia Langhans asked if the Town of Ithaca puts sewer on Coddington Road whether the Planning Board would have the option of requesting cluster to keep the units away from the watershed, and could regulate density at the same time. Board Member Stephen Smith asked how many residents requested water on Coddington Road. Town Engineer Daniel Walker responded that approximately 10 people signed petitions stating that they wanted water on Coddington Road and approximately 750 of the residents on Troy Road requested water. The Planning Board Members discussed environmental protection possibilities for the area with water and sewer installed with staff. Town Planner Jonathan Kanter stated that he felt that clustering and Conservation Development District would be appropriate and that the Planning Board should include that as a recommendation to the Town Board. Board Member Candace Cornell asked how much money the Town of Ithaca could save to do both the Troy Road and Coddington Road water extensions at the same time. Town Engineer Daniel Walker stated that the Town could save about -10% of mobility costs. Ms. Cornell stated that she would recommend that the Town Board approve extension to the Community Center only if provisions were made to control density. There appearing to be no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. Planning Board 17 June 7, 1994 MOTION by Candace Cornell, seconded by Stephen Smith: RESOLVED, that the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board consider extending water up Coddington Road, approximately 2,000 feet, to provide service as far as the Coddington Road Community Center. The Planning Board also recommends that the Town Board consider extending sewer in this same area in order to protect the Ithaca City Watershed, The Planning Board requests that measures be taken to control density in the area through such means as implementing a Conservation District. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Langhans, Hoffmann, Ainslie, Cornell, Smith. Nay - Bell. Abstain - Finch. The MOTION was declared to be carried. Board Member Gregory Bell stated that the Planning Board would be sending mixed signals to the Town Board if the Planning Board asked to extend water and sewer on Coddington Road only if protection of watershed can be provided. Town Attorney John Barney stated that Mr. Bell was correct, and that Conservation Zoning Districts would need to be considered. Attorney Barney stated that the Planning Board could not ignore the need of the Coddington Road Community Center while trying to establish such a district. The Board Members discussed would were prepared to offer a motion. be need to Finch, be applied in order West Haven Road the density restrictions that to protect the city watershed. Assistant Town Planner George Frantz addressed the Board and stated that he gave the proposal his complete endorsement from a land use planning perspective. Mr. Frantz stated encouragement of development in that the area because it is close to the City of Ithaca, adjacent to a bus route, and is exactly where the Town of Ithaca wants development to occur. There appearing to be no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by Virginia Langhans: RESOLVED, that the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board approve the sewer extension Planning Board project on West Haven Road and Mecklenberg Road. vote. June 7, 1994 There being no further discussion, the Chair called for a Aye - Kenerson, Langhans, Hoffmann, Ainslie, Finch, Cornell, Smith, Bell. Nay - None. The MOTION was declared to be Carried Unanimously. Chairperson Kenerson declared the matter of sewer extension on West Haven Road duly closed at 10:43 p.m. AGENDA ITEM: REPORT OF THE TOWN PLANNER. Town Planner Jonathan Kanter addressed the Board and stated that he was pleased to be part of the Town of Ithaca staff. Mr. Kanter stated that he looked forward to working with the Planning Board in the future. Chairperson Kenerson stated that the Board was glad to have Mr. Kanter with the Town of Ithaca. ADJOURNMENT Upon MOTION, Chairperson Kenerson declared the June 7, 1994 meeting of the Town of Ithaca Planning Board duly adjourned at 10:51 p.m. 6/14/94. Respectfully submitted, StarrRae Hays, Recording Secretary Town of Ithaca Planning Board. FINAL W2 6M SPECIAL LAND USE DISTRICT Local Law No. - 1994 . �.; � 1 �1h�! r OF iri.lhl.ri ANNING. Zt'„N'iNG. FNC A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) FOR THE CORNELL UNIVERSITY PRECINCT 7 The Zoning Ordinance of the Town of Ithaca as readopted, amended, effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Ordinance Amended. Article 2, Section 1 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. _" , which Special Land Use District is shown on a map entitled " " dated , a copy of which map was filed with the Town of Ithaca Planning Department (which map is hereinafter referred to as the "Special Land Use District Map ") and which District consists of all of the lands bounded as follows: North of the centerline of Cascadilla Creek; South of the centerline of Route 366; East of the intersection of the above; and West of Town of Dryden Line, 2. Uses Permitted. The uses permitted in this Special Land Use District are set forth below, all of which uses shall be conducted by an educational institution or an agency or third party affiliated with an educational institution. The permitted uses are: (a) Classroom, seminar and studio buildings. (b) Offices for or associated with educational purposes. (c) Libraries. (d) Greenhouses for or associated with educational purposes. (e) Gardens, natural areas, agricultural plots and fields, and orchards for or associated with educational purposes. (f) Laboratories for or associated with educational purposes. 3. Educational Uses Permitted with a Special Approval. In addition the following uses, as part of, associated with, or in support of educational purposes conducted by an specland.Ur, wpS]ithUocallaw May 26, 1994 2:17pm educational institution or an agency or third party affiliated with an educational institution and not intended for the general public, are permitted but only upon receipt of a special approval for same by the Planning Board in accordance with the procedures described below: (a) Conference centers. (b) Restaurants, cafeterias or other food service uses. (c) The following convenience, service, or business facilities provided the same are in buildings owned by an educational institution and provide services principally to the students, staff and employees of the same educational institution and are not provided for the general public's use and are contained in areas of 2,000 square feet of floor area or less: (i) Bookstore; (ii) Travel agency; (iii) Bank; (iv) Parcel pick -up & delivery; (v) Printing or copying facilities; (vi) Barber shop or beauty shop. (vii) Convenience food markets. (viii) Drug stores. (d) Athletic, health, recreational or cultural facilities. (e) Child day care or elder day care center, medical center. (f) Maintenance, repair, servicing, utility, supply and storage facilities provided the same are owned by, and are provided solely to service, an educational institution and are not provided for the general public's use. (g) Barns and other animal handling facilities used in the furtherance of the teaching and/or research functions of an educational institution. 2 specland. Ur, wpSl iLh UocaUaw May 26, 1994 2:17pm (h) Antennae, ray domes, satellite dishes, and similar technical or scientific structures provided the same are used solely by an educational institution in furtherance of its teaching or research programs and are not permitted accessory uses set forth below. (i) Offices, laboratories, or greenhouses owned by third parties but sponsored by, affiliated with or cooperating with, an educational institution for mutual benefit. . (j) Off street parking lots or garages which are not permitted accessory uses set forth below. 4. Other Uses Permitted with a Special Approval. In addition, the following public and quasi- public offices and facilities are permitted but only upon receipt of a special approval for same from the Planning Board in accordance with the procedures described below: (a) Post Office; (b) Fire station; (c) Local, state or federal governmental offices. 5. Accessory Uses. Permitted accessory uses shall include the following: (a) Off - street garage or parking spaces for employees, occupants, users or visitors in connection with a use permitted above, but subject to the provisions of Section 45 and Section 69 of this Ordinance and (i) Providing parking for no more than twenty cars; or (ii) Providing parking accessory to a building for which site plan approval has been obtained and the parking arrangements were shown on the site plan as so approved. (b) Parking garages primarily for employees, occupants, users or visitors to a use specified in paragraph 2 above, and located wholly within or underneath such structure or use specified in paragraph 2 above, and not occupying more than 25% of the structure's total floor area nor involving spaces for more than 20 cars. (c) Outdoor recreational areas including walkways, parks, trails, picnic tables, and other similar recreational facilities. 1 specland. Ur, wp51 ith IlocaUaw May 26, 1994 2:17pm (d) The following accessory buildings no larger than 2,000 square feet of floor area: (i) Storage sheds; (ii) Pavilions; (iii) Gazebos; (iv) Bus shelters; or (v) Tanks. (e) Accessory uses within a use permitted above, such as employee or student cafeteria, and lunch room but not larger than 2,000 square feet in size unless included in the original plans of a structure (i) For which site plan or a special approval is being sought; or (ii) For which such approvals were previously obtained; in which event the size may be as approved by the Planning Board, even if larger than 2,000 square feet. (f) Any municipal, public, or privately owned utility facility, 2,000 square feet or less in size, necessary to the development or maintenance of utility services for a principal use permitted above. (g) Signs, associated with the above uses but only in accordance with the Town of Ithaca. Sign Ordinance or similar law as then in effect. (h) Antennae, ray domes, satellite dishes, and similar technical or scientific structures provided the same are used solely by an educational institution in furtherance of its teaching or research programs and are not more than 12 feet in height nor more than 12 feet in diameter. (i) Upon receipt of special approval from the Planning Board, any municipal, public, or privately owned utility facility, larger than 2,000 square feet in size, necessary to the development or maintenance of utility services for a principal use permitted above. 6. Overall Density Limitation. No more than 4,000,000 square feet of enclosed space specland.Ur, wpSlithUocallaw May 26. 1994 2:17pm (including space below, at, and above grade level) shall be permitted within the boundaries of this Special Land Use District. 7. Performance Standards. Notwithstanding the foregoing, any use permitted in this Special Land Use District shall be in conformity with the following additional standards: (a) Density: Total maximum Floor Area Ratio (FAR) of 0.9. FAR is building floor area above grade divided by the total ground area of the site as hereinafter defined. Ground area is any given piece of land of any size so long as all buildings on it are counted and a given piece, or any part of a piece of land is not counted more than once. For example a building one story above grade, having a ground area defined as the size of its footprint, has a FAR of 1.0. The same amount of floor space is two stories above grade, that is covering half of the ground area of the original lot, would also be FAR 1.0. The same amount of floor space in 8 stories, covering 1 /8th of the original lot, is also FAR 1.0. However, a building with half the square feet of floor space placed on the same lot would have a FAR of 0.5 regardless of the number of stories into which the floor area is divided. (b) Height: Maximum height of 50 feet measured from the lowest point of grade at the exterior building wall to the highest point of the roof of the building, but excluding rooftop appurtenances such as mechanical equipment, exhaust pipes, radio antenna provided such appurtenances do not themselves exceed an additional 12 feet in height. Upon special approval of the Planning Board, the height limitation of 50 feet may be increased to a maximum of 70 feet. (c) Ground Coverage: Total coverage of ground by structures, road pavement, parking lots and pedestrian area pavements shall not exceed 45% of the site. Total maximum ground coverage by buildings alone shall not exceed 25% of the site. (d) Road Setback: From a public road a front setback of at least 100 feet from the road right -of -way line. In addition, if a building exceeds 30 feet in height above grade, the set back shall be increased 3 feet for each one foot of height in excess of 30 feet. (e) Noise: No use shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the land use category stated below when measured at the boundary of the site nearest the receiving land use. Receiving 5 Sound specland.lir, wpSlithllocallaw May 26, 1994 2:17pm Land Use Category Residential Use Natural Areas All Other Time Level Limit 7 a.m. - 7 p.m. 65 dBa 7 p.m. - 7 a.m. 55 dBa 7 a.m. - 7 p.m. 60 dBa 7 p.m. - 7 a.m. 50 dBa 7 a.m. - 7 p.m. 68 dBa 7 p.m. - 7 a.m. 58 dBa For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the maximum sound limits set forth above shall be reduced by 5 dBa. (f) Vibration: No activity shall cause or create a discernible steady state or impact vibration at or beyond the boundary of the site. (g) Atmospheric Emissions: There shall be no emission of dust, dirt, smoke, fly ash, or noxious gases or other noxious substances which could cause damage to the health of persons, animals, or plant life. (h) Odor: There shall be no emission of any offensive odor discernible at the boundary of the site. This standard is not intended to restrict customary agricultural practices. (i) Glare and Heat: No glare or heat shall be produced that is perceptible beyond the boundaries of the site. Exterior illumination shall be shaded and directed to prevent glare or traffic hazard on surrounding properties and streets. 0) Radioactivity and Electromagnetic Interference: No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted which produce any electromagnetic disturbance adversely affecting the operation of any equipment outside the boundary of the site. (k) Fire and Explosion Hazards: All activities involving, and all storage of inflammable and explosive materials, shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate tire - lighting and fire suppression equipment and devices standard in the industry and as may be required by any applicable codes, laws, or regulations. All burning of such waste materials in open fires is prohibited. (1) Vermin: There shall be no storage of material, either indoors or out, in such a 2 specland.Ur, wpSlithltocallaw May 26, 1994 2 :17pm manner that it facilitates the breeding of vermin or endangers public health or the environment in any way. (m) Natural Areas Protection: No structure shall be built within a Natural Area (Cascadilla Creek Stream Corridor, McGowan Woods) as shown on the Special Land Use District Map, or within 75 feet of a Natural Area, without first obtaining the Special Approval of the Planning Board. In addition to the other criteria governing granting of Special Approvals, the Planning Board shall not grant Special Approval for such a structure unless the Board finds the proposed structure and its proposed location (i) is related to, can be made an integral part of, and enhances the recreational or educational use and enjoyment of, the Natural Area (such as a trail, bench, or observation platform), or (ii) is a necessary addition to a structure that had already been constructed within the Natural Area or the 75 foot buffer at the effective date of the creation of this Special Land Use District; and in either event (iii) accomplishes its purpose in the least intrusive manner to the environment of the Natural Area, 8. Site Plan Approval. A site plan for a proposed use must be submitted and approved by the Planning Board before a building permit may be issued, in conformance with site plan requirements set forth at Sections 46 -a et. seq. of the Zoning Ordinance. Unless specifically requested by the Planning Board, property lines and adjacent public streets need not be shown on the site plan submitted if in excess of 300 feet distant from the proposed site, but shall be shown on a location map. Further, subparagraph 4 of Section 46 -b shall be modified as to site plan approvals previously granted to structures in the special land use district, or to structures not required to have had a site plan approval at the time of original construction, to provide that no approval of the modified site plan by the Planning Board shall be required if the modification: (a) Involves (i) Construction of a new building or structure with a footprint of 2,000 square feet or less; or (ii) Alteration of an existing structure involving the addition or modification of less than (A) 10,000 square feet or 7 specland. Ur, wp5l ith Uocallaw May 26, 1994 2:17pm (B) 10% of the enclosed space of any structure of greater than 20,000 square feet of enclosed space, whether on one or more stories, whichever is less; or (iii) Construction or relocation of fewer than 20 parking spaces provided there is no net reduction in parking spaces; or (iv) Any maintenance or repairs not materially affecting the appearance of the site, or construction, repairs, alterations, or renovations materially affecting the exterior of a building or the site where exterior work is anticipated to cost less than $100,000 (1993 price, subject to Cost of Living Index adjustment); and in any event (b) does not alter proposed traffic flows and access; and (c) does not directly violate any express conditions imposed by the Planning Board in granting any prior site plan approval. 9. Procedures Related to Site Plans. In considering whether or not to grant site plan approval, the Planning Board may (a) Utilize the considerations set forth in Section 46 -d and other provisions of the Zoning Ordinance, or any successor statute, and, in addition, consider whether the proposed project and such designated area meet the requirements of this Special Land Use District such as density, ground coverage, noise, etc. set forth above: (e.g. sufficient land area should be included and designated for this site so that the proposed building(s) on the site do not exceed 25% of the site); and (b) Impose upon the applicant such reasonable conditions as it deems necessary to protect the general welfare of the community, to assure adequate compliance with all applicable provisions of this Local Law or the Zoning Ordinance, or to minimize or eliminate any significant adverse environmental effects that may occur as a result of the approval of the site plan. 10. Completion or Updating of Special Land Use District Map. Without limiting the foregoing, the Planning Board may require, as a condition of approval of any site plan, that the Special Land Use District Map be completed and updated to show the approved site plan, together with all other sites that are related to buildings in the Special Land Use District in specland.11r, wp51 ith Ilocallaw May 26, 1994 2:17pnm existence on the effective date of this Local Law. 11. Special Approval. In granting Special Approval in any instance specified above, and in addition to the criteria for site plan approval, the Planning Board shall determine that: (a) the health, safety, morals and general welfare of the community in harmony with the general purpose of this ordinance shall be promoted. (b) The premises are reasonably adapted to the proposed use. (c) The proposed use and the location and design of any structure shall be consistent with the character of the district in which it is located. (d) The proposed use shall not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants. (e) The proposed access and egress for all structures and uses shall be safely designed. (f) The general effect of the proposed 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. The Planning Board may impose upon the applicant such reasonable conditions as it deems necessary to protect the general welfare of the community. 12. Definitions. For the purposes of this Special Land Use District, the following terms shall have the following meanings and shall be subject to the following procedures: (a) Site. A "site" shall be initially the area of land designated by the applicant to be allocated to a proposed project (or, in the case of existing structures, to the existing project or structure). If the applicant desires (i) After having previously obtained site plan and/or special approval to (A) Decrease or reconfigure such site; or (B) Add one or more structures to such site; or (ii) To add one or more structures to an area presently in existence for which no 9 specland.11r, wpSlitkllocallaw May 26, 1994 2:17pm site plan or special approval has been heretofore obtained, the applicant may apply for a modification to the previous site plan and/or special approval and may, at the applicant's discretion, request that the site previously approved be reconfigured, enlarged, or reduced in size so that the proposed modified site with any proposed additional structures would be in compliance with the performance standards and other requirements set forth above or elsewhere in this Ordinance. The criteria applicable to the review of initial site plan and or special approval applications shall be equally applicable to the application for a modification of a site plan or site. However, in reconfiguring, enlarging or reducing the area of a site, no piece of land shall be designated as part of more than one site (i.e. no piece of land may be counted for compliance purposes for two sites). Notwithstanding the foregoing, no site shall exceed 30 acres in size, nor shall any site include any land within a Natural Area. (b) Owned. Property is "owned" by the person(s) or entity(ies) holding the fee title to at least a 51 % interest in the property, except that if the property is leased under a written, bona fide, recorded lease for a term of more than 35 years, the property shall be deemed "owned" by the person(s) or entity(ies) holding at least a 51% interest as tenant in such lease. If a requirement for a permitted use in this Special Land Use District is ownership by an educational institution, at least 51% of the interest in the property must be held by such institution to qualify (i.e. the educational institution must "own" the property). (c) Educational Institution. An "educational institution" is a corporation, foundation, or other generally recognized entity organized and operated principally for the purpose of educating persons with essentially three components: (1) a 'curriculum; (2) a plant consisting of adequate physical facilities; and (3) a properly qualified and accredited staff to carry out its educational objectives. The following are included as educational institutions: (i) A college or university chartered by the State of New York. (ii) A college or university or post - graduate institution providing a recognized course of study and accredited by a recognized accrediting organization. (iii) A public school operated by a state - recognized Board of Education. (iv) A private school having received appropriate approval from the Board of 10 specland, Ur, wp51 ith Uocallaw May 26, 1994 2:17pm Regents or Department of Education of the State of New York to operate as a school. 13. Amendment of Zoning Map. The official zoning map of the Town of Ithaca is hereby amended by adding this Special Land Use District in the area described above. 14. Invalidity of Portion of Local Law. In the event that any portion of this local law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity, 15. Effective Date. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State, whichever is later. 11 r WN CLERK 273 -1721 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGHWAY 273 -1656 PARKS 273035 ENGINEERING 273 -1747 FAX (607) 273 -1704 PLANNING DEPARTMENT MEMORANDUM TO: Planning Board members FROM: George Frantz Q DATE: May 10, 1994 RE: Water Main Extensions: Troy and Coddington Road areas. PLANNING 273 -1747 ZONING 273 -1783 Last night the Town Board heard public comment on extensions of public water from Ridgecrest Road to the 200 block of Troy Road (portion south of East King Rd.), and the area of Coddington Road from Burns Road to the Coddington Road Community Center. Residents in both areas have problems with water quality and quantity. The Community Center itself has been experiencing increased problems with low flow and water quality, which have affected the operation of the daycare center, and have restricted its ability to serve as a community center for the Coddington Road neighborhood. The Town Board directed me to forward copies of the attached memo to the Planning Board for your review and information. Please contact me at 2734747 if you have any questions or comments: TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 21 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 FAX (607) 273 -1704 PLANNING DEPARTMENT MEMORANDUM TO: Dan Walker FROM: George Fran DATE* May 6, 1994 PLANNING 273 -1747 ZONING 273 -1783 RE: Planning Implications of Extending Public Water in along Coddington Road and the 200 block of Troy Road. The Town Board has before it proposals to extend public water service to two areas of South Hill which currently are not served. The first involves the construction of a water line across the Little property from Ridgecrest Road to Troy Road, and along up to 2,500 feet of frontage along Troy Road. The second involves extending the Coddington Road water main approximately 2,000 feet to the Coddington Road Community Center. This memo assesses the land use implications of the above proposed water service extensions. It evaluates the extensions in light of the Town's Comprehensive Plan and their potential impacts with regard to neighborhood character, changes in use or intensity of land use, and potential for stimulating growth in the areas to be served. Troy Road The extension of water service to the 200 block of Troy Road should not result in any significant changes in existing neighborhood character, which can be described as rural residential. The frontage along Troy Road consists of 16 residential lots ranging in size from less than one acre to 17 acres, and the Eldridge Wilderness owned by the Nature Conservancy. Homes are already occupying 10 of the 16 lots. The area is designated "rural residential" and "conservation open space" on the Anticipated Land Use Patterns map in the Comprehensive Plan. Although several of the existing lots could potentially be subdivided in the future, the current R -30 zoning density and the lack of public sewer is expected to limit the number of potential Although several of the existing lots could potentially be subdivided in the future, the current R -30 zoning density and the lack of public sewer is expected to limit the number of potential new lots created as a result of extending public water to the area. (liven this, the extension of public water to the Troy Road area is not expected to result in arty significant adverse impacts with regard to the existing neighborhood character, changes in the use or intensity of land use, or the potential for stimulating growth in the area. Coddington Road Under the current R -30 zoning, extending public water service southeasterly along Coddington Road to the Coddington Road Community Center has the potential for generating significant changes in the existing neighborhood character, in the use or intensity of land use, and the potential for growth in that portion of the Town. The Comprehensive Plan Anticipated Land Use map designates the portions of the area on the south side of Coddington Road "rural residential" and the area on the north side "conservation open space." Currently the development in the area can be characterized. as "rural residential ", with most homes located on lots in the range of two acres in size or larger. Up to 14 parcels could be directly served by the proposed water main extension. Of those parcels, 11 have existing homes constructed on them, one is the South Hill Cemetery, and one has the Coddington Road Community Center.(map attached) One of the 14 parcels which would be directly served by the proposed water main has significant development potential. Tax Parcel No. 47 -2 -3, located on the north side of the road, consists of approximately 44 acres of open field and old field forest extending from Coddington Road down to Six Mile Creek. The long and narrow configuration of this parcel does limit its development potential somewhat due to the 1,000 ft. maximum cul -de -sac limit in the Town of Ithaca Subdivision Regulations. However, its owners, also own the adjacent Tax parcel No. 47- 2- 14.62, which has frontage on Bums Road. A residential development that takes advantage of frontage on two roads could extend almost to Six Mile Creek. The proposed water main extension may also stimulate development of Tax Parcel No. 47 -2- 6.2, which consists of over 110 acres of recently abandoned agricultural land, and on a smaller scale the 15 acre Tax Parcel No. 47 -1-4, Tax Parcel No. 47 -2 -6.2 extends from Coddington Road all the way to Six Mile Creek. Unlike Tax Parcel No. 47 -2 -3 discussed above, it has adequate width to allow construction of two public roads off Coddington Road into the site, and thus is not encumbered by the 1,000 ft. maximum cul -de -sac limitation. There is also opportunity for additional access from coddington Road via additional road frontage in the Town of Danby. The northwestern corner of this parcel will be approximately 500 ft from the end of the proposed extension. From the standpoint of development potential it should thus be 2 considered served by public water. Tax Parcel No. 47 -1 -4 would have some development potential with the extension of public water and sewer. Development on the parcel is constrained by its relatively narrow width. Because the area is not served by public sewer, the ability of the Town to invoke cluster subdivision as a mechanism for preserving the rural character and major open spaces, vistas, and to protect to the extent possible the integrity of the Six Mile Creek watershed area is limited. Given current Tompkins County Health Department policies regarding minimum lot sizes for private septic systems, the type of subdivisions the Town can expect to see in the area will be ones with lots in the range of one- to two acres in size. These subdivisions are the least desirable in terms of efficient development of public infrastructure such as roads and water lines, and preserving neighborhood character and open space resources. Nor would such development be in conformance with the Comprehensive Plan as adopted. My assessment is that, without some sort of changes in land use regulations or other measures by the Town, extending the water main along Coddington Road is likely to result in significant changes in the existing neighborhood character, changes in the use or intensity of land use, and an increase in the potential for stimulating growth in the area. The changes, in my opinion, would not be in character with the intensity of development envisioned for the area in the Comprehensive Plan. There are however steps that the Town Board could take to mitigate the potential development related impacts of extending the water main. Among the options is a reduction in allowed residential densities through zoning measures such as the conservation district proposed in the 1991 "Six -Mile Creek: a Heritage to Preserve" report by the Conservation Advisory Council. The resultant reduction in development densities would make the cluster subdivision concept a more effective mechanism for preserving open space by reducing the overall number of lots allowed per parcel, and greatly increasing the amount of permanent open space preserved through the cluster concept. The Six Mile Creek corridor and City Watershed lands could be protected through the buffer area and attendant mandatory cluster subdivision measures also recommended in the report. These measures could allow extension of the water line into the area, while at the same time preserving its rural character and the environmentally sensitive areas close to Six Mile Creek. Another option, recommended by the CAC Agriculture Committee in its report "Planning for Agriculture in the Town of Ithaca ", is for the Town to reevaluate the concept of the townwide water and sewer district concept, and to possibly redraw the boundaries of the water and sewer districts to exclude parcels such as Tax Parcel No. 47 -2 -6.2 from the district. It is not known whether or not this option is feasible from a legal or fiscal standpoint, however it is worthy of investigation. k L r� ► f G -2 Water and Waste Water Collection and Treatment Systems GOAL: To provide high - quality public water and sewage utilities at reasonable cost and to protect public health and safety in regard to private water and septic systems. The objectives are to have 10 Public water and sewer utilities located, constructed,, and maintained in accordance with the goals and objectives of this Plan. I An assessment of the quality and cost of water and waste water collection and treatment systems, both public and private. Recommended Actions for Each Objective: 10 Public water and sewer utilities located, constructed, and maintained in accordance with the goals and objectives of this Plan. To accomplish this objective the Town should a) Make an overall assessment of water and sewer systems in the Town. Prepare and adopt a flexible long -range (ten -year) plan for guiding major maintenance, upgrading, and extension projects. More detailed water and sewer capital improvement planning with a shorter planning horizon (three to five years) should flow from the long -range plan. Regularly review and revise the long -range and short -range plans. b) Limit extension of water and sewer services into areas not designated for intensive development except when required for public health and safety. c) Give higher priority in the Capital Improvements Program to maintenance of public utilities than to construction extension of new utilities. d) Follow State and Town Environmental Quality Review Regulations when considering the construction of new or expanded public utilities, especially the thorough examination of the potential for future development and its possible impact on existing land. uses. e) Review and revise existing contingency plans for waiver and sewer services. Contingencies to plan for include complete failure of any one of the three public water systems in the Town, extreme drought, or an immediate and major public health problem outside of water and sewer service areas. f) Explore alternatives to extending water and sewer services in response to public health and safety concerns. 2 An assessment of the quality and cost of water and waste water collection and treatment systems, both public and private. To accomplish this objective the Town should a) Gather and analyze baseline data on the quality and cost of drinking water and waste water collection and treatment throughout the Town, for both public and private systems. (Work with the County regarding private systems.) b) Determine where problems exist with quality or cost, where there may be problems in the future, and what approaches should be used to address them.