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HomeMy WebLinkAboutMN-PDB-2013-08-27DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD Planning & Development Board Minutes August 27, 2013 Board Members Attending: C.J. Randall; Garrick Blalock; Jack Elliott; Isabel Fernández; McKenzie Jones-Rounds; John Schroeder (Acting Chair) Board Members Absent: Govind Acharya, Chair Board Vacancies: None. Staff Attending: JoAnn Cornish, Director, Division of Planning & Economic Development; Lisa Nicholas, Senior Planner, Division of Planning & Economic Development; Charles Pyott, Office Assistant, Division of Planning & Economic Development Applicants Attending: Emerson Power Transmission Subdivision Russell Maines, Harris Beach, PLLC 130 Clinton Street Apartments Scott Whitham, Applicant, Scott Whitham & Associates; Jagat Sharma, Jagat Sharma Architects; David A. Herrick, T.G. Miller, P.C.; Gary L. Wood, Engineering Consultant Harold’s Square (Downtown Mixed-Use Project) Scott Whitham, Applicant, Scott Whitham & Associates; David Lubin, Owner/Applicant; Craig Jensen, Chaintreuil Jensen Stark Architects Modified Site Plan Review Ken Schon, Cayuga Green II, LLC Acting Chair Schroeder called the meeting to order at 6:03 p.m. 1. Agenda Review (No changes were made to the agenda.) 1 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD 2. Privilege of the Floor Joel Harlan, 307 Ward Heights South, Newfield, spoke in support of the 130 Clinton Street project. He also suggested smoke-tinted windows for the Harold’s Square project. (Blalock arived at 6:06 p.m.) Doug Levine, The State Theatre, Executive Director, spoke in support of the Harold’s Square project, noting it is a well-designed, mixed-use project that would replace three highly underutilized buildings with a 10-story structure. John Graves, 319 Pleasant St., South Hill Civic Association, spoke in support of the proposed Emerson Power Transmission Subdivision, noting the site’s redevelopment is the only genuine path towards the environmental remediation of the site. Information about the status of the site from the property owner, however, has been virtually non-existent ― regular meetings need to be held with local governments and South Hill residents to discuss the site’s future. Tanya Vanasse, 311 E. Green St., spoke in support of the job the Planning Board, the City, and Downtown Ithaca Alliance (DIA) have been doing, regarding the recent projects and improvements to the downtown area. Ken Deschere, 202 South Hill Terrace, spoke in support of the proposed Emerson Power Transmission Subdivision, noting he has worked on the remediation efforts for the site and is keen to see something useful done with the property. Subdividing the site, in this case, makes perfect sense. Gary Ferguson, DIA, Executive Director, spoke in support of the three downtown projects being considered. It is very exciting to see all this development come together. Ferguson expressed his support for the Harold’s Square project in particular, since it fits so well with the DIA’s vision for the downtown area (i.e., increased density, mixed-use, high-value office space, housing, retail, etc.), while paying respect to the Commons and using existing infrastructure, sidewalks, and public transit. Mike Cannon, DIA, Board of Directors, President, spoke in support of Harold’s Square, noting it provides much-needed professional office space and apartments in the downtown area. Mack Travis, Travis Hyde Properties, spoke in support of all three of the downtown projects, which will help nurture the downtown retail market and help revitalize the downtown area. (Jones-Rounds arrived at 6:25 p.m.) 2 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD Jonathan Jedd, Home Dairy Building, owner, spoke in support of the Harold’s Square project. 3. Subdivision Review A. Minor Subdivision, 620-640 S. Aurora St., Tax Parcel #106.-1-8, Russell E. Maines, Applicant for Owner, Emerson Power Transmission Corp. Intent to Declare Lead Agency. The applicant proposes to subdivide existing 95.9369-acre parcel into two parcels: Parcel OU-1, measuring 0.9077 acres (39,539 SF) with 279’ of street frontage on S. Cayuga Street and containing two underground storage tanks, two buildings totaling approximately 800 SF, and portions of a parking lot totaling approximately 5,000 SF, and an access road for “Building 18;” and Parcel OU-2, measuring 95.0292 acres (4,139,471 SF) with 1,000+ feet of frontage on S. Aurora Street, 118.5 feet of frontage on S. Cayuga Street, 542.7 feet of frontage on W. Spencer Street, and 157.9 feet of frontage on Stone Quarry Road, containing multiple buildings totaling approximately 422,700 SF, parking areas totaling appr. 6 acres, access roads, and internal circulation roads. The proposed Parcel OU-1 is in both the Industrial (I-1) Zoning District, requiring a minimum lot size of 5,000 SF, 50 feet of street frontage, side yard setbacks of 12 and 6 feet, and a rear yard setback of 15% or 20 feet, and the R-3b Zoning District, requiring a minimum lot size of 4,000 SF, 40 feet of street frontage, side yard setbacks of 10 and 5 feet, and a rear yard setback of 20% or 50 feet. This is an Unlisted Action under both the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act and is subject to environmental review. The subdivision may require an Area Variance. Applicant Russell Maines, Harris Beach, PLLC, recapitulated the details of the proposed subdivision. Schroeder osberved the project appears to need a variance. Maines replied the applicant does in fact assume it needs a variance and has asked the Director of Zoning Administration for a formal determination. Nicholas indicated a determination was made, that an “area variance would be required for Parcel OU-2 with regard to the side yard setback next to the item on the survey labeled, ‘Underground North Tank.’” Schroeder indicated that the Project Review Committee had asked that the issue of aligning a portion of the property with the planned Gateway Trail be addressed by the applicant. Maines replied that the applicant entirely supports the City’s plan to have the trail go through the property. The only foreseeable problem is that there is no way that the applicant can comply with Federal regulations. It is possible, however, that access to the trail could be provided as one ascends South Cayuga Street (between NYSEG and Parcel O-U1). 3 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD Nicholas noted that, since the proposed Subdivision will need a zoning variance, the applicant will not be able to proceed any further until a hearing can be scheduled with the Board of Zoning Appeals (BZA). Nicholas added that the Planning Board would return to its original practice of holding Public Hearings before it makes any CEQR determinations, at next month’s meeting. 4. Site Plan Review A. 130 Clinton Street Apartments, Scott Whitham, Applicant for Owner, Orange Brick Garage Corp. Public Hearing & Consideration of Preliminary & Final Approval. The project consists of constructing three, 3-level residential buildings, each of which will contain 12 units, four on each of the three floors for a total of 36 units (twelve studios, twelve 1-BRs, and twelve 2-BRs). The 1,748-acre project site is contiguous to the Ithaca Police Station to the west and Six Mile Creek to the north. The site is steeply sloped with areas over 30%. The buildings are proposed to be set into the slope. The project will occupy 1.1 acres for the site between the City of Ithaca Police Department and the owner’s buildings located at 136 Terrace Hill. Site development will include the removal of over an acre of vegetation, including 27 mature trees, and the excavation of approximately 3,500 CY of soil. The project includes retaining walls, a concrete walkway from the lower parking lot (on Clinton Street), an elevated walkway for access to the bottom level of the building, and several sets of stairs connecting the various levels of the project. The project is in the B-1a Zoning District. This is a Type I Action under both the City of Ithaca Environmental Quality Review Ordinance §176-4 B. (1) (k), B. (2), and B. (5), and the State Environmental Quality Review Act 617.4 (b) (10) and is subject to environmental review. The project requires a Storm Water Pollution Prevention Plan (SWPPP). Whitham recapitulated the salient details of the proposed project, noting that he has reviewed the draft Preliminary and Final Approval resolution and it appears to accurately reflect his conversations with Planning Board and staff. Public Hearing On a motion by Randall, seconded by Fernández, and unanimously approved, Acting Chair Schroeder opened the Public Hearing. There being no public comments, on a motion by Jones-Rounds, seconded by Fernández, and unanimously approved, the Public Hearing was closed. Nicholas remarked that a condition would need to be added to the text of the resolution to indicate that any remaining City Transportation Engineer concerns (pertaining to work in the City’s right-of-way and any potential impacts to the new construction) must be resolved before the issuance of the Building Permit. 4 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD Schroeder asked if the applicant hired a third-party licensed architect to review the drawings, as required. Nicholas replied, no. Schroeder indicated that should be added as a condition. It should also be required that City Planning staff review the final landscape plan. Schroeder asked what the City’s standard permitted construction hours are. Cornish replied, between 7:30 a.m. - 7:30 p.m. Schroeder indicated that should be consistently reflected in all Planning Board Site Plan Review approval resolutions. Nicholas indicated she had not succeeded in contacting City Environmental Engineer Scott Gibson about his final approval of the Storm Water Pollution Prevention Plan (SWPPP), so that requirement should also be included in the resolution. Preliminary & Final Approval Resolution On a motion by Elliott, seconded by Fernández: WHEREAS: the City of Ithaca Planning and Development Board has one pending application for Site Plan Review for 3 apartment buildings at 130 E. Clinton Street by Scott Whitham, applicant for owner, Orange Brick Garage Corp., and WHEREAS: the project consists of constructing three 3-level residential buildings, each of which will contain 12 units, four on each of the three floors, for a total of 36 units (twelve studios, twelve 1-BR, and twelve 2-BR). The 1.748-acre project site is contiguous to the City of Ithaca Police Station to the west and Six Mile Creek (SMC) to the north. The site is steeply sloped with areas in the building site at, or over, 35%. The buildings are proposed to be set into the slope. The project will occupy 1.1 acres of the site between the Ithaca Police Station and the property owner’s other apartment buildings at 136 Terrace Hill. Site development will include removal of over an acre of vegetation, including 27 mature trees, and the excavation of approximately 3,500 CY of soil. The project includes retaining walls, a concrete walkway from the lower parking lot (on Prospect Street), an elevated walkway for access to the bottom level of the building, and several sets of stairs connecting the various levels of the project. The project also includes reconfiguration of the parking area on the adjacent tax parcel, resulting in a decrease of 3 spaces, as well as the development of a lower parking area on Prospect Street for two accessible parking spaces. The project is in the B-1a Zoning District. The project requires a Storm Water Pollution Prevention Plan (SWPPP), and WHEREAS: this is a Type I Action under both the City of Ithaca Environmental Quality Review Ordinance §176-4 B. (1)(k), (2), and (5), and the State Environmental Quality Review Act 617.4 (b)(10) and is subject to environmental review, and WHEREAS: the Planning Board, being the local agency which has primary responsibility for approving and funding or carrying out the action, did on December 18, 2012 declare itself Lead Agency for the project, and 5 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD WHEREAS: legal notice was published and property posted in accordance with Chapters 276-6 B. (4) and 176-12 A. (2) (c) of the City of Ithaca Code, and WHEREAS: the Planning and Development Board held the required public hearing on August 27, 2013, and WHEREAS: the Planning Board, acting as Lead Agency in environmental review, did on July 23, 2013 review and accept as adequate: a Full Environmental Assessment Form (FEAF), Part 1, submitted by the applicant, and Parts 2 and 3, prepared by Planning staff (with Part 3 revised by the Planning Board); drawings entitled: “Existing Conditions Plan (showing portion of parcel A to remain undeveloped) C100,” “Layout Plan C101,” and “Demolition Plan C102,” prepared by T.G. Miller, P.C.; “Planting Plan L101” and “Mitigation Plan L102,” prepared by Whitham Planning & Design, LLC and all dated July 5, 2013; “Building Elevations A303,” dated June 6, 2013; “Erosion Control and Sediment Plan C103” and “Grading and Utility Plan C104,” prepared by T.G. Miller, P.C.; “Floor Plans A101,” “Elevations, Building Sections A301,” “Site Sections A302,” “View from Clinton Street R1,” “View from Six Mile Creek R2,” “Looking North Along Boardwalk R3,” and “Looking West From Parking Lot R4,” all prepared by Jagat P. Sharma and all dated May 24, 2013; and other application materials, and WHEREAS: the City of Ithaca Conservation Advisory Council, Tompkins County Planning Department, and other interested parties have been given the opportunity to comment on the proposed project, and all comments received have been considered, as described in the FEAF, Part 3, and WHEREAS: the Planning Board, acting as Lead Agency, identified potential impacts to land, water, vegetation, aesthetic resources, and open space, as detailed in the FEAF, Part 3, and WHEREAS: the Planning Board, acting as Lead Agency, required mitigations to all impacts as detailed in the FEAF, Part 3, and WHEREAS: the City of Ithaca Planning and Development Board did on July 23, 2013 determine that, with the incorporation of the mitigations identified in the FEAF, Part 3, the proposed site plan would result in no significant impact on the environment and issued a Negative Declaration of Environmental Significance, and WHEREAS: the Planning Board did on August 27, 2013 review and accept as adequate new and revised drawings entitled: “Existing Conditions Plan (showing portion of parcel A to remain undeveloped) C100,” “Layout Plan C101,” “Demolition Plan C102,” “Erosion and Sediment Control Plan C103,” “Grading and Utility Plan C104,”and “Details C201 & C202,” prepared by T.G. Miller, P.C.; and “Planting Plan L101,” “Mitigation Plan L102,” “Mulch Detail L201,” “Planting Details L301,” and “Layout Plan L401,” prepared by Whitham Planning & Design, LLC; and “Project Data Floor Plans A101,” “Site Sections A303,” “NW View from Clinton Street R1,” “View from Six Mile Creek R2,” “Looking North Along Boardwalk R3,” and “Looking West From Parking Lot R4,” prepared by Jagat P. Sharma and all dated August 14, 2013; and “Elevations, Building Sections A301,” “Building Elevations A302,” “Retaining Wall Elevation + Section A304,” “Site Section + Photos A305,” dated August 20, 2013 and prepared by Jagat P. Sharma; and other application materials, now, therefore, be it 6 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD RESOLVED: that the City of Ithaca Planning and Development Board does hereby grant Preliminary and Final Site Plan Approval to the above-referenced project, subject to the following conditions: Unmet Conditions As Per FEAF, Part 3, Adopted on July 23, 2013: i. Implementation of a mechanism for the permanent protection of the area labeled “Portion of Parcel A to Remain Undeveloped (Area =1.146 acres),” as shown on T.G. Miller drawing “Existing Conditions Plan C100,” dated July 5, 2013. Among the mechanisms being explored for such permanent protection of this portion as a natural area: a deed restriction, a permanent easement, or donation of land to a preservation organization. The Lead Agency will require this issue to be resolved and a legally-binding permanent protection of this area to be in place, in a form acceptable to the Lead Agency, before a Certificate of Occupancy is issued. The permanent protection of this area will ensure that the most undisturbed and steeply-sloped portion of Parcel A, and the portion that is most contiguous to Six Mile Creek and most visible from the SMC Creek Walk, shall remain permanently undeveloped as a natural area, and ii. The proposed Stabilization / Landscape Plan (which includes significant plantings for screening and stabilization in the “Portion of Parcel A to Remain Undeveloped” area) must be reviewed by the City Forester and a third-party registered landscape architect chosen by planning staff. iii. Before a Certificate of Occupancy is granted, the applicant must post a performance bond to ensure the plantings specified in the Stabilization/Landscape Plan are successfully established at the end of the third year. iv. The applicant shall follow all recommendations contained within the aforementioned [i.e., in FEAF, Part 3] documents and communications provided for this project by Gary L. Wood, including the recommendation regarding the installation of “slope monitoring devices.” If these devices detect any significant movement, this fact shall be reported to the City of Ithaca planning and engineering departments; and if any remedial action is necessary to address such significant movement, it shall be undertaken by the applicant, and v. If applicant’s project, for any reason, is not completed, the project site’s land shall be restored to its former state, and vi. The applicant is required to use the following dust-control measures, as needed, during construction: a. Misting or fog spraying site to minimize dust, and b. Maintaining crushed stone tracking pads at all entrances to the construction site, and c. Reseeding disturbed areas to minimize bare exposed soils, and d. Keeping the roads clear of dust and debris, and e. Requiring trucks to be covered, and 7 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD f. Prohibiting the burning of debris on site, and vii. Applicant shall provide a plan for construction truck routes designed to minimize potential impacts on neighborhoods, for approval by the Lead Agency, and viii. All repair, including backfill materials, compaction and pavement restoration, of any portions of the Clinton / Prospect Street reconstruction project made necessary by applicant’s project, shall be done in a manner equal to the standards required in the City’s project, and Additional Conditions Identified During Site Plan Review: ix. Submission of revised “Planting Plan L101,” to include note regarding irrigation and deer protection to establish plantings, and stating that City staff must approve any changes to the landscape plan, and x. Submission of all exterior building materials samples, and xi. Submission of site details, including but not limited to exterior lighting, signage, site furnishings and paving, and xii. Approval in writing from the City Stormwater Management Officer, and xiii. Any remaining concerns of the City Transportation Engineer must be resolved before issuance of a building permit; this pertains to work in the City right-of-way and any potential impacts to the City’s new E. Clinton Street / Prospect Street construction work, and xiv. Noise-producing construction activities shall be limited to Monday through Friday, 7:30 a.m. to 7:30 p.m. In favor: Blalock, Elliott, Fernández, Jones-Rounds, Randall, Schroeder Opposed: None Absent: Acharya Vacancies: None B. Harold’s Square, Mixed-Use Project, 123-127, 133, 135, & 137-139 E. State St. on the Commons, Scott Whitham, Applicant for Owner, L Enterprises, LLC. Public Hearing & Consideration of Final Approval. The applicant is proposing to develop a 137- foot tall, 11-story (including roof space), mixed-use building of approximately 151,000 GSF. The project will include one story (11,555 SF) of ground-floor retail, three stories (51,185 SF) of upper-story office, and six stories of residential (up to 46 units). The residential tower has been redesigned from previous submissions. It is set back 62’ from the building’s four- story Commons façade with two one-story step-backs. The building will have two main entrances, on the Commons and Green Street, with an atrium linking the two streets. The applicant proposes an exterior bridge connecting the third floor to the Green Street parking 8 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD garage. In addition to typical rooftop mechanical elements, the top of the tower will include a glassed-in multipurpose room for use by building office and residential tenants, as well as a small fitness room and a west-facing terrace. The applicant proposes to work with the City to reconfigure the service functions at the rear of the building, including trash/recycling storage and pick-up and deliveries. The project is on the CDB-60 Zoning District and requires an area variance for height. This is a Type I Action under both the City of Ithaca Environmental Quality Review Ordinance §176-4 B. (1)(h)[4], B. (1)(k) and B. (1)(n), and the State Environmental Quality Review Act 617.4 (b)(9) and is subject to environmental review. The project may require a State Building Code Variance. Jensen walked through a revised project presentation, focusing on those elements that are new or have not yet been reviewed by the Board. Fernández inquired about a green roof for the project. Jensen replied there would be green roof areas on the south side of building; however, the applicant cannot commit to including a green roof on the fourth floor, until it determines if that would be feasible. Fernández suggested constructing a rainwater catchment, or similar, system. Jensen responded that the applicant is definitely seriously conforming to LEED standards. Public Hearing On a motion by Jones-Rounds, seconded by Fernández, and unanimously approved, Acting Chair Schroeder opened the Public Hearing. There being no public comments, on a motion by Elliott, seconded by Jones-Rounds, and unanimously approved, the Public Hearing was closed. Nicholas noted the the following conditions should be added to the resolution language: • Planning Board and Board of Public Works approval of proposed bridge connections to Green Street Parking Garage; and • Staging Plan Agreement needs to be in place with Department of Public Works and Building Division, before Building Permit can be issued; and • Applicant must obtain encroachment agreement for its portion of the project, including door swings, that would impact City property; and • Planning Board approval of any building design changes affecting the exterior appearance, including rooftop mechanicals. Schroeder asked about exterior bike storage for the project. Lubin replied that would likely be provided somewhere, but not as a part of this particular project proposal. Whitham remarked there would be bike storage in the basement. 9 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD Jensen asked if the Ithaca Landmarks Preservation Commission (ILPC) would be likely to ask for significant changes to the project. Schroeder replied he could not imagine that would be the case. Preliminary & Final Approval Resolution On a motion by Fernández, seconded by Blalock: WHEREAS: the City of Ithaca Planning and Development Board has one pending application for Site Plan Review for a 11-story mixed-use building by Scott Whitham, applicant for owner, L Enterprises, LLC, and WHEREAS: the applicant is proposing to develop a 140-foot tall, 11-story, mixed-use building of approximately 151,410 GSF, plus an additional 11,340 GSF in the renovated Sage Block. The project will include one story (17,835 GSF) of ground-floor retail, three stories (51,185 GSF) of upper-story office, and six stories of residential (up to 46 units). The residential portion of the project is in a tower, set back 62’ from the building’s four-story Commons façade. The building will have two main entrances, one on the Commons and one facing Green Street, with an atrium linking the two streets. The project is on the CDB-60 and CDB 140 Zoning Districts and has received an area variance for rear yard setback, as well as Design Review. As proposed, the project may require a State building Code Variance, and WHEREAS: this is a Type I Action under both the City of Ithaca Environmental Quality Review Ordinance §176-4 B. (1)(h)[4], B(1)(k) and B. (1)(n), and the State Environmental Quality Review Act 617.4 (b)(9) and is subject to environmental review, and WHEREAS: on December 18, 2012, the Planning Board, being the local agency which has primary responsibility for approving and funding or carrying out the action, declared itself Lead Agency for the project, and WHEREAS: the Planning Board, acting as Lead Agency in environmental review, did on June 25, 2013 review and accept as adequate: a Full Environmental Assessment Form (FEAF), Part 1, submitted by the applicant, and Parts 2 and 3, prepared by Planning staff and revised by the Planning Board; drawings entitled: “Utility Plan (C2)” and “Construction Operations Plan (C3),” prepared by Fagan Engineers, and dated 1/30/13, and “Existing Site Plan,” “Proposed Site Plan,” “Basement Floor Plan,” “First Floor Plan,” ‘Second Floor Plan,” “Third Floor Plan,” “Fourth Floor Plan,” “Typical Residential Floor Plan,” “Tenth Floor Residential Floor Plan,’ “Penthouse Floor Plan,” “Diagrammatic Building Section,” “Existing Streetscape Along Ithaca Commons – North Facades,” “Existing Streetscape Along Ithaca Commons – South Facades,” “Building Massing Views,” “Shadow Study,” “Proposed Building Materials,” “Proposed North Elevation,” “Proposed East Elevation,” “Proposed South Elevation,” “Proposed West Elevation,” ‘Proposed View Along Ithaca Commons,” and “Perspective View From Green Street,” all dated 5/28/13, and prepared by Chaintreuil Jensen Stark Architects, LLP; and other application materials, and 10 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD WHEREAS: the City of Ithaca Conservation Advisory Council, Tompkins County Planning Department, and other interested parties have been given the opportunity to comment on the proposed project, and WHEREAS: comments received from Ed Marx, Tompkins County Commissioner of Planning, regarding the project, suggested the applicant consider a green roof for the portion which fronts the Commons (or the requirement of light-colored reflective roofing materials) and recommended the applicant provide more visual modeling to assess any impacts to the character of the built environment, and WHEREAS: in response to the County’s comments, the Lead Agency has considered the possibility of a green roof and has required a light-colored roof during Site Plan Review and has determined the applicant has provided sufficient visual simulations to evaluate any impacts to aesthetics and to historic resources, and WHEREAS: comments received form the State Historic Preservation Office (SHPO) stated that, “Were this under our review as a regulatory matter it would be deemed to have an adverse impact on historic resources simply for the demolition of properties contributing to the National Register of Historic Places listed Ithaca Downtown Historic District. Manipulation of the design of the replacement building is a matter of mitigation for that loss,” and that, “The City of Ithaca should consider the cumulative effects of ongoing physical development on the historic character of the remaining historic streetscape,” and WHEREAS: in response to the SHPO’s comments, as well as concerns identified by the Lead Agency, the applicant is being required to provide mitigations for the removal of the two buildings that are contributing to the Downtown National Register Historic District, as described in Part 3 of the FEAF, and WHEREAS: On June 23, 2013, City of Ithaca Planning and Development Board determined that, with the incorporation of the mitigations identified in Part 3 of the FEAF, the proposed site plan would result in no significant impact on the environment and issued a Negative Declaration of Environmental Significance, and WHEREAS: on July 11, 2013, the Design Review Board did review the project and make recommendations to the applicant regarding the design of the building, to which the applicant has responded, and WHEREAS: legal notice was published and property posted in accordance with Chapters 276-6 B. (4) and 176-12 A. (2) (c) of the City of Ithaca Code, and WHEREAS: the Planning and Development Board held the required public hearing on August 27, 2013, and WHEREAS: the Planning Board did on August 27, 2013 review and accept as adequate: revised drawings entitled: “Existing Site Plan,” “Proposed Site Plan,” “Basement Floor Plan,” “First Floor Plan,” ‘Second Floor Plan,” “Third Floor Plan,” “Fourth Floor Plan,” “Typical Residential Floor Plan,” “Tenth Floor Residential Floor Plan,” “Penthouse Floor Plan,” “Diagrammatic 11 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD Building Section,” “Existing Streetscape Along Ithaca Commons – North Facades,” “Existing Streetscape Along Ithaca Commons – South Facades,” “Building Massing Views,” “Shadow Study,” “Proposed Building Materials,” “Proposed North Elevation,” “Ithaca Commons – North Façade – Perspective From North,” “Proposed East Elevation,” “Proposed South Elevation,” “Proposed West Elevation,” ‘Proposed View Along Ithaca Commons,” and “Perspective View From Green Street,” all dated 8/27/13, and prepared by Chaintreuil Jensen Stark Architects, LLP; now, therefore, be it RESOLVED: that the City of Ithaca Planning and Development Board does hereby grant Preliminary and Final Site Plan Approval to the above referenced project, subject to the following conditions: Unmet Conditions As Per FEAF, Part 3, Adopted on June 25, 2013 i. Upon exposure of the neighboring basement foundation walls, their condition will be assessed and repairs will be coordinated, as required, with the building owners to maintain the integrity of those buildings and a safe construction environment, and ii. Noise‐producing construction activities shall be limited to Monday through Friday between 7:30 a.m. and 7:30 p.m., and iii. The applicant shall provide a pedestrian access plan for review and approval by the City Transportation Engineer and the Planning and Development Board, and iv. The applicant shall provide a traffic control and truck routing plan for review and approval by the City Transportation Engineer and the Planning Board, and v. The applicant shall provide a more detailed construction impacts and staging plan for review and approval by the City Transportation Engineer and the Planning Board, and vi. Construction shall be coordinated with the Ithaca Commons Repair and Upgrade Project to minimize noise impacts, and vii. Rehabilitation of the Sage Block will include the following: a. Maintaining the existing terra cotta cornice at the north and northwest corner of the building, and b. Cleaning, repointing, and repairing the existing exterior masonry walls, and c. Repair and/or replacement of the existing roof, and d. New fenestration at existing masonry openings on the north and west sides of the building. When practical, existing windows will be repaired, but if they are deteriorated to the point of requiring replacement, they will be replaced to match design, color, texture, and perhaps material construction, and e. Replacement window design will reflect a characteristic William H. Miller divided‐light pattern at the upper window areas, similar to what currently exists on the Sage Block building, and f. The incorporation of the west fenestration into the new project atrium space, and 12 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD g. The existing interior character will be restored and maintained wherever possible, with additional modifications developed per the needs and requirements of potential tenants, and viii. Plans for the exterior renovation of the Sage Block will require review and approval by the Ithaca Landmarks Preservation Commission (ILPC), using the same standards it uses to evaluate proposed work on locally‐designated buildings. Of particular interest are (1) the preservation of the entire cornice; (2) evaluation of the existing fenestration by a qualified professional with significant experience in restoring wood windows; (3) proper techniques for cleaning, repointing and repairing the existing exterior masonry; and (4) reconstruction of the northwest corner where brickwork is interlocked with the brickwork of 135 E. State Street, and ix. The carved limestone detailing and green roof tiles of 123‐127 E. State Street shall be salvaged and donated to an architectural elements reuse firm or agency — or, if feasible, the salvaged carved limestone detailing could be used in the interior of the Harold’s Square project, if the applicant so desires, and Additional Conditions Identified in Site Plan Review x. Submission to Planning Board of color elevations keyed to materials sample sheet, and xi. Submission to Planning Board of site details, including, but not limited to, building materials, lighting, signage, site furnishings and paving materials, and xii. Submission to the Project Review Committee of the final 4th floor roof plan; this plan shall incorporate a light-colored roofing material and, if feasible, some areas of green roof, and xiii. Tower roof shall also be of light-colored roofing material, and xiv. Bicycle storage for retail, office and residential tenants shall be provided within the building, and xv. Approval from the Planning Board of the proposed bridge connection to the Green Street Parking Garage, and xvi. Bridge connection to the Green Street Parking Garage requires approval from the Board of Public Works, and xvii. A Staging Plan Agreement must be in place with the Department of Public Works and the Building Division before issuance of a building permit, and xviii. Applicant must obtain an encroachment agreement for any portion of the project, including door swings, that impacts City property, and 13 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD xix. Any changes to the design of the building that affects the exterior appearance, including rooftop mechanicals, must be reviewed and approved by the Planning Board, and xx. Approval in writing from the Fire Department confirming the project complies with all life safety needs, and xxi. Approval in writing from the City Stormwater Management Officer. In favor: Blalock, Elliott, Fernández, Jones-Rounds, Randall, Schroeder Opposed: None Absent: Acharya Vacancies: None C. Modified Site Plan Review ― Cayuga Green II Apartments, 217 S. Cayuga St., by Cayuga Green II, LLC, Applicant. Public Hearing & Consideration of Modified Site Plan Approval. The applicant is requesting modifications to site plan approved on August 28, 2012, including: a reduction in the site footprint to 6,920 SF (from 9,400 SF); an increase in total floor space to 49,244 GSF (from 47,075 GSF); an increase in the number of stories to 7 (from 4); an increase in the number of units to 45 (from 39); a reduction in the height of the first-floor elevation to 409’6” (from 410’); a reduction in floor-to-floor height to 11’4” without mezzanine loft (from 15’6” with mezzanine loft); an increase in total building height to 81’4” (from 63’6”); the addition of 21 unit balconies and 18 false unit balconies; the addition of 4 unit walk-outs; and the use of auger-grouted steel core displacement piles for the foundation (from a spread-footing foundation). The project will also include bicycle parking, located with off-street parking (formerly in alley between garage/building); a sidewalk running straight along the building/street; landscaping and associated site improvements Balconies will be of exposed concrete, with painted black metal railings, while the aluminum-clad wood windows will represent a larger percentage of the facade. The black pre-cast concrete panels will include 2’6” frames at the bottom, side, and top of the façade (originally only on the bottom). An exposed concrete masonry unit and a grey ribbed metal panel will be in the alley between the garage/building. Ken Schon, Cayuga Green II, LLC, recapitulated the salient details of the proposed project, noting it is the current iteration of a project that has been in development for the past 7 years. Since the last time the Board reviewed it, the applicant has discovered that the soil conditions differ considerably from those on the original Cayuga Green site. As a result, the applicant has decided to reduce the building footprint, raise the building, and and increase the number of units in order to defray the additional construction costs. Schon added that several landscaping modifications were made, as requested by the Project Review Committee. Fernández suggested adding some articulation to the building (e.g., pushing the fifth story over garage bridge, sliding the top three floors over the garage, etc.). Nicholas responded 14 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD that the applicant would actually not be able to do that, due to Building Code and fire separation requirements; the building is already situated as close the garage as it can be. Fernández asked about the width of the balconies. Schon replied they would be 7-feet wide. Fernández suggested they be 10-feet wide. (Blalock departed at 7:39 p.m.) Fernández asked if any stormwater management systems would be construted. Schon replied, no; however, the project would eliminate considerable run-off and add greenspace. Fernández suggested adding a raingarden or similar system. Schroeder suggested adding a retention area in a portion of the greenspace. Schon replied he could certainly discuss that issue wity his civil engineers. Public Hearing On a motion by Jones-Rounds, seconded by Randall, and unanimously approved, Acting Chair Schroeder opened the Public Hearing. Joel Harlan, 307 Ward Heights South, Newfield, spoke in support of the project. It has already been too many years in the making. There being no further public comments, on a motion by Elliott, seconded by Jones-Rounds, and unanimously approved, the Public Hearing was closed. Cornish noted she would like to see structural soil for the two northeastern-most maple trees. Schon agreed to do that. Modified Site Plan Approval Resolution On a motion by Jones-Rounds, seconded by Randall: WHEREAS: the City of Ithaca Planning and Development Board has received an application for modified site plan approval for the Cayuga Place Residences apartments by Cayuga Green II, LLC, applicant/owner, and WHEREAS: the Cayuga Place Residences project is part of a larger project known as the Downtown Development Mixed-Use Project, for which an Environmental Impact Statement was completed and a Findings Statement adopted by the City of Ithaca Planning and Development Board on February 18, 2003, and WHEREAS: on February 18, 2003, the City of Ithaca Planning and Development Board granted Preliminary Site Plan Approval for the Cayuga/Green at Six Mile Creek Project, which included 15 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD condominium units and Final Site Plan Approval for the Cayuga Street Parking Structure and the Six Mile Creek Walk, now completed, and WHEREAS: on July 24, 2007, the Planning and Development Board granted Final Site Plan Approval for the proposed Cayuga Place Residences, which consisted of a six-story building with a footprint of 15,300 SF, 44 condominiums with private balconies, an enclosed courtyard, lobby, and amenity space on the ground floor, exterior terraces enclosed by a stacked stone wall, a stone scree garden, approximately 40 new trees, a concrete walk with bollards, and a pedestrian crossing on the library-facing side of building, and WHEREAS: on July 22, 2008, the Planning and Development Board granted Modified Site Plan Approval for the proposed Cayuga Place Residences, which consisted of a reduction in the overall square footage from 72,000 to 47,400, a reduction on the number of units from 45 to 30, an increase in number of stories from six to seven, and associated landscape and site development changes, and WHEREAS: on August 28, 2012, the Planning and Development Board granted Modified Site Plan Approval for the proposed Cayuga Place Residences, which consisted of a reduction in gross floor area from 47,400 to 42,600; change in the building footprint shape; increase in number of units from 30 to 39; reduction in number of stories from 7 to 4 (at 15’ ea.); change from conventional condominiums to loftstyle apartments; removal of previously approved balconies and rooftop terrace; change in building materials from composite wood panel to pre-cast concrete panels; removal of exterior patio; replacement of stacked stone wall with hedge planting; reduction in number of new trees from 40 to 25, removal of all landscaping previously proposed for Library property; and an increase in the lawn area, and WHEREAS: the applicant is requesting modifications to the previously approved site plan. The modifications include a reduction in the footprint to 6,920 SF (from 9,400 SF); an increase in total floor space to 49,244 GSF (from 47,075 GSF); an increase in the number of stories to 7 (from 4); an increase in the number of units to 45 (from 39); a reduction in the height of the first- floor elevation to 409’6” (from 410’); a reduction in floor-to-floor height to 11’4” without mezzanine loft (from 15’6” with mezzanine loft); an increase in total building height to 81’4” (from 63’6”); the addition of 21 unit balconies and 18 false unit balconies; the addition of 4 unit walk-outs; and the use of auger-grouted steel core displacement piles for the foundation (from a spread-footing foundation). The project will also include bicycle parking; a sidewalk running straight along the building / internal street; landscaping and associated site improvements. Balconies will be of exposed concrete, with painted black metal railings, while the aluminum-clad wood windows will represent a larger percentage of the facade. The black pre-cast 2 concrete panels will include 2’6” frames at the bottom, side, and top of the façade (originally only on the bottom). An exposed concrete masonry unit and a grey ribbed metal panel will face the alley between the garage / building, and WHEREAS, the proposed modification is consistent with the environmental review and mitigation that has been done for this project and is consistent with the Statement of Findings issued by the Planning and Development Board on February 18, 2003, and 16 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD WHEREAS: the City of Ithaca Conservation Advisory Council, Tompkins County Planning Department, and other interested parties have been given the opportunity to comment on the proposed project, and all comments received have been considered, and WHEREAS: legal notice was published and property posted in accordance with Chapters 276-6 (B) (4) and 176-12 (A) (2) (c) of the City of Ithaca Code, and WHEREAS: the Planning and Development Board held the required public hearing on August 27, 2013, and WHEREAS: the Planning and Development Board has, on August 27, 2013, reviewed and accepted as adequate plans entitled: “Siteplan Utility (A002),” “Siteplan Landscape (A003),” “Plan Level 10 (A101),” “Plan Level 20 (A102),” “Plan Level 30-40 (A103),” “Plan Level 50-70 (A104),” “Plan Level 80 (A105),” “Elevation North (A301),” “Elevation East (A302),” “Elevation South (A303),” “Elevation West (A304),” “Section East-West (A401),” “Section South North (A402),” all dated 8/12/13; and “Site Plan Master (A000),” “Siteplan Zoning (A001),” “Siteplan Utility (A002),” “Siteplan Landscape (A003),” “Plan Level 10 (A101),” “Elevation North (A301),” “Elevation East (A302), “Elevation South (A303),” “Elevation West (A304)” all dated 8/23/13; and all prepared by Bloomfield / Schon, and additional application materials, now, therefore, be it RESOLVED: that the City of Ithaca Planning and Development Board grants Modified Site Plan Approval for the former Cayuga Place Residences now known as Cayuga Green II, with the following conditions, which include those relevant unsatisfied conditions from the previously approved site plan: i. Submission of revised drawings for review and approval by the Project Review Committee of the following: a. Submission and approval of screening for rooftop mechanicals at Cayuga Place Apartments on Green Street, and b. Detail of rear entry gates, and c. Submission of site details, including but not limited to building and hardscape materials, lighting, signage, site furnishings, balcony railings, site walls, etc., and d. Submission of a map showing the construction traffic route, and e. Type and location of bike storage close to the main entrance and reviewed and approved in consultation with the City of Ithaca Transportation Engineer, and f. Submission of revised drawings showing removal of the four loading spaces at the northeast corner of the site and replacement with appropriate landscaping, and ii. Submission to staff of a revised site plan showing (1) colored and scored concrete as the surface treatment for the raised pedestrian crossing and (2) lighting bollards along north sidewalk, and 3 iii. Submission of a revised planting plan showing (1) soil remediation specifications for all tree and shrub plantings; (2) structural soil for two most northeastern red sunset maple trees; 17 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD and (3) replacement for burning bush perimeter shrub (chosen in consultation with City Forestry Technician), and iv. That noise-producing construction is limited to the hours between 7:30 a.m. and 7:30 p.m., Monday through Friday, and v. Approval in writing from the City Transportation Engineer that all transportation-related issues have been satisfied, and vi. Approval in writing from the Ithaca Fire Department that the proposed project meets its requirements for emergency response, and vii. Approval from the Board of Public Works for the proposed bridge connection to the Cayuga garage, and viii. Applicant shall explore the use of a planted stormwater detention area designed to enhance the overall landscape, and ix. Approval in writing from the City Stormwater Management Officer, and Prior to Certificate of Occupancy: x. Approval by the Planning Board of all exterior building elevations, plans, and materials substantially modified from the submission plans, and xi. That all exterior lighting be reviewed and approved by the Planning Board prior to installation, and xii. That all signage be reviewed and approved by the Planning Board prior to installation, and xiii. Installation of screening of rooftop mechanicals at Cayuga Place Apartments on Green Street, and xiv. Installation of all bike racks, and xv. Replacement by developer of any CreekWalk trees removed or damaged during construction, and xvi. Proof that the applicant has made the necessary arrangements with the Cayuga Garage operators for trash and recycling pick-up that is accessible from the garage, and be it further RESOLVED: that the Planning Board requests that the Ithaca Urban Renewal Agency (IURA) and Community Development Properties Ithaca, Inc. (CDPI) consider improvements to the sidewalk adjacent to the north end of the Cayuga garage, as this sidewalk (1) is substandard in width; (2) has no curbcut at its east end; and (3) is not carried continuously across the vehicular entrance to the garage, and be it further 18 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD RESOLVED: that because the current curbing near the projecting exedra at the south side of the Tompkins County Public Library (where it will meet the proposed new “pedestrian crossing level with sidewalk” shown on the 8/12/13 version of drawing A003) is deteriorated and mounds above the current 4 adjacent brick surface by about ½ inch, the Planning Board requests that the applicant work with whatever municipality owns this curb, so that it is rebuilt flush with the adjacent brick surface at the south of the library and flush with the above new pedestrian crossing. In favor: Blalock, Elliott, Fernández, Jones-Rounds, Randall, Schroeder Opposed: None Absent: Acharya Vacancies: None 4. Zoning Appeals APPEAL #2918, Area Variance ― 131 Cleveland Avenue Appeal of Susan Perri, for owner, Jacquelyn Felder, owner of the lot at 131 Cleveland Avenue, for an area variance from Section 325-8, Column 7, Lot Width, requirements of the Zoning Ordinance. The applicant proposes to buy the lot at 131 Cleveland Avenue and build a new house. The lot is 33 feet wide and has a depth of 121.67 feet. The required lot width in the R-2b Zone, where the lot is located, is 35 feet. In order to build on this lot and have the required side yards of 5 feet and 10 feet, the applicant has picked a house designed to have a width of 17 feet and a depth of 58 feet. With a front yard setback of 10 feet and a house 58 feet long, the depth of the rear yard is 53.67 feet. This exceeds the required depth of 25% or 50 feet for the rear yard. The lot’s area at 131 Cleveland Avenue is 4,007.52 SF and the proposed lot coverage is around 25%, assuming the house has a square footage of 986 SF. The required lot area is 3,000 SF and the required percentage of lot coverage is 35% in the R-2b use district. The applicant proposes to build a two-story house; a three-story building is allowed in this zone. The property is in an R-2b Zone, where the use as a single- family is permitted; however, Section 325-38 and Section 325-39 require a variance must be granted, before a Building Permit or a Certificate of Occupancy can be issued. The Planning Board supports granting the variance request. Members like the quality of the design and support infill housing in city neighborhoods. 6. New Business • Proposed City of Ithaca Sidewalk Improvement Districts (SIDs) Schroeder suggested the Board wait until next month to communicate its formal comments regarding the proposed policy, when the Chair would be present to contribute his comments. 19 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD Cornish noted she would draft a letter for the Board to review. 7. Old Business • Off-Site Parking Lots As Accessory Uses Schroeder noted the minutes of the July 2013 Planning Board meeting do not entirely reflect the discussion and resolution. The issue revolves around parking for an accessory use in one zone for a primary use in another zone. He would say that parking as an accessory use should not be allowed. It was supposed that we would no longer allow use in one zone to have accessory use in another zone. The revised draft minutes he submitted to the Board include the correct language for the Planning and Economic Development Committee. Cornish noted that parking as a primary use is part of an ongoing City-wide discussion. 7. Reports A. Planning Board Chair None. B. Director of Planning & Development Cornish announced that the Argos Inn (408 E. State St.) is now open for business and she would encourage Board members to tour it. The Fairfield Inn (359 Elmira Rd.) is also now open for business (although several issues remain to be cleared up). Cornish reported that the Community Investment Incentive Tax Abatement Program (CIITAP) Public Information Session was held last week for the Holiday Inn (Hart Hotels) renovation project. It was a very good meeting and the CIITAP application would now be going to Tompkins County Area Development (TCAD) / Industrial Development Agency (IDA). Cornish announced that the Cayuga Waterfront Trail is scheduled for completion in Fall 2014, for review by the Planning Board in October 2013. C. Board of Public Works (BPW) Liaison None. 8. Approval of Minutes: 7/23/13 On a motion by Elliott, seconded by Jones-Rounds, the draft July 23, 2013 meeting minutes were approved. In favor: Blalock, Elliott, Fernández, Jones-Rounds, Randall, Schroeder 20 DRAFT COPY – NOT YET APPROVED BY MEMBERS OF THE PLANNING AND DEVELOPMENT BOARD Opposed: None Absent: Acharya Vacancies: None 9. Adjournment On a motion by Fernández, seconded by Jones-Rounds, and unanimously approved, the meeting was adjourned at 8:33 p.m. 21