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PLANNING COMMITTEE
April 17,1995
Regular Meeting, 7:30 p.m., Common Council Chambers
MINUTES
Present:
Committee Members: John Schroeder,Chair; Rick Gray; Pam Mackesey; Diann Sams.
Non-Voting Committee Member: Benjamin Nichols,Mayor.
Staff. H. Matthys Van Cort, Director, Planning and Development; Herman Sieverding, Deputy
Director of Planning and Development; Pat Kennedy,Assistant City Attorney.
Others: Dick Booth, Common Council; Steve Ehrhardt, Board of Public Works; Allen Cohen;
press.
• Agenda Review.
At Van Cort's request,the issue of Park&Ride was added to the agenda.
The Mayor told Committee members that he had money in his budget which could be used
to hire a student for the summer. He proposed that he hire Colin Forth, a planning student
who has previously worked in the Mayor's office, to make specific recommendations
regarding modification to the Zoning Ordinance which would tend to make housing more
affordable. The Committee endorsed the Mayor's proposal, and agreed that Mr. Forth's
summer study should be discussed at a future Planning Committee meeting.
I. Report of Task Force on Traffic Issues.
A resolution to adopt certain recommendations of the Task Force on Traffic Issues, as
modified by the Board of Public Works, was distributed to the Committee. Ehrhardt
explained the intent of the resolution. An underlying principle of the work of the Traffic
Task Force was to make modifications in the City's traffic system as fair as possible so
that no extra burdens would be placed on heavily traveled streets. The resolution also
called for an examination of the costs and benefits, particularly in terms of environmental
impacts, of any proposed modifications. Mackesey said that it was her impression that it
would be very difficult to make any changes in the system without having a negative
impact on some residential streets. Ehrhardt said that the Traffic Task Force
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April 17, 1995 Meeting
recommended that traffic-calming efforts be focused on streets where the need is the
greatest,that is on high-volume streets.
A discussion ensued regarding the possibility of amending the second part of the resolved
clause to add the words"where possible"before"will take steps to mitigate" or to add the
words"any significant"before the words"negative impacts." Schroeder said he thought it
was important that the BPW resolution and the Council resolution were identical so that
there would not be an ambiguity about the City's traffic policy. With that in mind, the
Committee referred the resolution back to the BPW for consideration of these proposed
wording changes.
The motion to refer was passed unanimously.
As a final note, Ehrhardt said that the Task Force also recommended special treatment for
what they termed"gateway streets", that is those streets which were major traffic carriers
at the edges of the city. It was the Task Force's recommendation that modifications be
made to these streets which would let motorists know that they were leaving a rural
highway and entering a city residential neighborhood. Sams asked that the Disability
Advisory Council be involved in the formulation of traffic policy.
II. Review of Charlie Barber Inventory of City-Owned Property.
Sieverding explained that the Barber Report cataloged all city property transactions
between 1930 and 1989 which involved City land but were not recorded in the City
Clerk's Office. These transactions included easements, encroachments, rights-of-way, as
well as transfers of title. It is proposed that the Planning Department retain a student to
do further research on city-owned properties and to develop a list of properties which--
after consultation with the appropriate City department--the City might consider selling.
The Committee approved the staff's proposal, and agreed the Economic Development
Committee would oversee further work on this topic.
"EL Location of Southern Boundary of FW-1 Zoning District.
Mackesey gave an introduction to the subject explaining that a line had been established
near the southern city border which separated the FW-1 zone (originally the F zone) from
the B-5 zone. The location of this line was established by the City in the 1960s in
conjunction with Army Corps of Engineers plans for the flood control channel and the
levee. After Wal-Mart made an application to the Building Department for a zoning
interpretation or variance, the Board of Zoning Appeals granted a conditional variance
using a location for the line further back from Elmira Road than the line location as shown
on the current City zoning map and as shown on the Flood Plain Zoning Map referred to
in Section 325-27 of the Municipal Code. Mackesey said that she wanted the Common
Council to affirm that the line begins at the "elbow" of the levee, as shown on the current
zoning map,the line thence traveling roughly west southwest towards the city line.
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April 17, 1995 Meeting
A spirited discussion followed which centered on the question of whether the Common
Council could affirm the location of a zoning line or whether any affirmation or
interpretation was within the sole province of the Board of Zoning Appeals.
After some discussion, participated in by Dick Booth and Assistant City Attorney
Kennedy, the conclusion was that Common Council enacts zoning amendments but that
the authority to interpret the ordinance has been delegated to the Board of Zoning
Appeals. Therefore, the Council cannot interpret or affirm the location of the zoning line.
It was also the recommendation of the Committee that the Planning Board should not
interpret where the zoning line is since the Board does not have authority to do that but
instead should decide on a proposed site plan that mitigates all relevant environmental
impacts.
IV. Items from City Attorney's Office.
a. Regulation of "Adult" Bars. Booth said that it was his understanding that there
was a proposal to open an adult bar which may include full or partial nudity. He
said that while the Supreme Court has defended, as protected speech, the right to
operate such establishments, they have, however, allowed significant restrictions
on their location through zoning. Generally, the approach has been either to
scatter these uses widely, not allowing any one area to experience a heavy impact
from them, or to allow them to concentrate in a small area. The latest variation of
which Booth is aware is a modification to the New York City Zoning Ordinance
which prevents a concentration of such uses while also prohibiting their
establishment in many zones in the City, as well as within a certain distance of
residential zones,churches,educational institutions,etc.
After some discussion,the Committee recommended that a draft amendment to the
ordinance regulating adult entertainment be prepared for consideration at next
month's Planning Committee meeting. The suggested approach was to limit this
use to the industrial zones, and no closer than perhaps 500 feet to churches,
schools,parks or residential zoning districts.
b. Expiration of Nonconforming Uses. Kennedy explained that zoning law, until
recently, had prevented cities from enforcing ordinances which required the
phasing out or expiration of nonconforming uses. Recent cases in New York State
which have gone to the highest court in the state, however, allow the phaseout of
uses which become nonconforming because of zoning. Kennedy noted that there
was a distinction between a nonconforming use and a use which was allowed by
variance. Variances may survive changes in zoning. Kennedy also noted that this
was a new area of the law, and it was unclear how far a community could go
toward requiring the elimination of nonconforming uses. There were two
approaches that could be used. One gives an owner a certain number of years in
ti
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April 17, 1995 Meeting
which to amortize the use; the other requires the use to terminate on transfer of the
property.
Van Cort suggested that any such provision might have significant impacts, both
positive and negative, on City neighborhoods. He felt that the area around the
university might benefit from such changes, but he cautioned that extreme care
should be taken in drafting the ordinance so that it will pass constitutional muster.
Van Cort said that he would discuss with Doug Foster of his staff how difficult it
would be to provide a database that would display all nonconforming uses in the
city. He will report back to the Committee regarding the time requirements for
this research.
c. Regulation of Gas Stations in Residential Neighborhoods. Kennedy said that the
City has lost a case regarding the modification of the hours of operation at a
nonconforming gas station which was permitted by variance. The court had found
that the use could not be modified under the terms of the variance but suggested
that the City has a right to regulate gas station hours in all zones. Kennedy said
there were four or five gas stations in the City that were either in residential
districts or on the border of residential districts. After some discussion, the
Committee asked that Kennedy investigate the possibility of amending our
ordinance to regulate the hours of gas stations and the illumination of such
enterprises. Kennedy is to report back with her recommendations.
V. Park &Ride.
Van Cort explained that a group had met prior to final approval of the Route 96 project to
discuss the possibility of making park&ride a part of the mitigation for the project to be
funded by NYSDOT. He explained that these facilities were ultimately not added to the
approved project. Recently a subcommittee of the Route 96 Mitigation Task Force has
met to again discuss park & ride. The recommendation of this committee is that an
attempt be made to construct park & ride facilities on Route 89 possibly in Cass Park
north of the skating rink, on Route 96 near the hospital and on Route 13 near Shady
Corners. There is interest on the part of the City to investigate the possibility of
constructing a facility near EcoVillage in the Town of Ithaca on Route 79 as well.
Mackesey asked how people can be convinced to use a park&ride facility. Van Cort said
that that is one of the dilemmas in starting up park &ride programs. Usually park &ride
works where the trip is somehow made more desirable through the use of a park & ride
facility. This usually means cheaper or shorter. In addition, park &ride facilities seem to
do better if they are coupled to another use like daycare or shopping.
Committee members asked that the group investigate the possibility of establishing a park
&ride facility at Wegmans or Tops. They also asked that a cost comparison be prepared
examining the alternatives of additional bus service to Trumansburg in lieu of construction
of park & ride facilities. Van Cort asked that the committee give him some direction
A
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April 17, 1995 Meeting
regarding city participation in the design and construction of these facilities. Committee
members unanimously agreed that the efforts should continue, and that staff should report
back when there is further progress.
VI. Southwest Park Wetlands Delineation.
Schroeder said that the question of the wetlands delineation had been referred to the
Planning Committee at the last Council meeting. He asked Van Cort whether staff could
provide a description of what it considered to be a favorable outcome of the delineation
process. Van Cort said that it was his opinion that a favorable outcome would be one
which did not obligate the City to spend a great deal of money to make changes in
Southwest Park. Other than that, he felt that an accurate and complete delineation of the
wetlands in the park was all that was sought.
The Committee concurred and adjourned at 10:45.