HomeMy WebLinkAboutMN-PDB-1972-05-23 PLANNING BOARD MINUTES
City of Ithaca
.ax Meeting May 23, 1972 7:30 P.M.
PzES: iT: Chm. Doney, Messrs. Aust.-n, Burns, Schmidt, Shaw and Stein.
ALSO: Director Meigs, Consultant Friedlander, Planning & Development Committee members
Jones, Henderson. and Slattery, Councilman Robinson, Bldg. Comm. Jones, Dep. Blas.
Comm. Boda, City Eng'r_ Schlieder, Ithaca Housing Authority Admin. Armstrong, BrUno
Mazza Jr. , E. Schuette, Dr. R. Weiner, M. Weiner; Att'ys F. Weinstein, W. Wiggins;
Wm. Burd:1ck, V. Giordano, R. Boehlecke, J. Ellis (WHCU), R. Lynch and J. Fredenkse
(WVBR) and F. Yahn (Ithaca Journal).
ABSENT: J., Ew�Lnicki.
MINUTES cT the last Regular meeting of the Board, April 25, 1972, were approved as published.
SPECIAL ORDER OF BUSII,.,'_,SS: None.
COMMUNICATIONS:
a) Sale of Pturning Station - Director Meigs read a copy of a letter from the N.Y.S.
Electric & Gas Cc--p. which asked the Board to consider approval of their request to purchape
the former Water Pump Building located at the intersection of Elm and Hector Streets, which
they wish to use to house gas metering equipment necessary to maintain adequate service on'
West Hill. (See balow for action. )
b) Re Weiner Proper - Director Meigs read a letter from F. Weinstein,
Attorney for Dr. ReIben Weiner, in which he requested the Planning Board to consider re-
zoning Dr. Weiner's grope °ty, as referred to the Board by Common Council.
c) (Item F'ot on Agen.a) - CIL--a. DoneY read a letter from Jr. Planner George Lawrence itx
which he notified tle Board that he intends to terminate his employment with the City
Planning Board effective June 26, 1972.
COMMITTEE REPORTS:
a) Community Facil-iti_e_s_& Services - Chm. Stein reported the Committee's recommenda-
tions on the following:
1) Carpenter Request for Sale of City Land: The Committee met and reviewed addi-
tional information submitte-11 by the City Engineer and by Mrs. Carpenter who was present.
After some discussion, the Coo-m.a. twe recommended that a portion of city property known
as 445 Floral Ave.--all that m�rt'rerly portion of a parcel of land on Floral Ave. and
listed on the 1972 Tax Assessment Map of the City of Ithaca as 99-2-12 between the
center line of a drainage creek and the northerly line of said parcel; and reserving
for the City an easement extending, from the center line of the creek to a line ten feet
northerly parallel with and measua-ed at right angles to the top of the creek bank for
the purposes of maintaining and repairing said drainage creek; and subject to such
description and measurement as a survey may disclose--be sold at public auction or on:
a sealed bid basis as determined by the City Attorney; for an upset price as determined
by the City Attorney and the Board of Public Works; and subject to the procedures
required for sale of rsunicipal.ly-owned property as determined by the applicable laws
and regulations. It was MOVED by Mr. Stein, seconded by Mr. Schmidt, "the Planning
Board accepts the Co=.Littee's recommendation." CARRIED.
2) Sale of Pumping Station: The Committee discussed the request of the N.Y.S.
Electric and Gas Corp. for purchase of a parcel of city-owned land approximately 45'
square including a former city water pump station. The Committee feels that the
property named is of no apparent future use to the city and recommends that it be sold
after determination of a suitable upset asking price, and determination by the City
Attorney of the appropriate legal procedure for sale at auction or on a sealed bid
basis. The Comrattee feels that the property in question should be offered for sale to
the public-at-large, to allow the possible expression of interest on the part of the
owners of adjacent property, and of the N.Y.S. Electric & Gas Co. , which needs a small
facility in the vicinity of this intersection for a gas metering station. It was MOVED
by Mr. STein, seconded by Mr. Burns, "the Board accepts the Committee's recommendation."
CARRIED.
b) Executive & Liaison - Chm. Doney reported the Committee's recommendations on the
following:
1) Invoice: Raymond, Parish& Pine, Inc. for services rendered through the middle"of
April 1972;
2) Invoice: Raymond, Parish & Pine, Inc. for services rendered through May 14, 1972
(Second Stage- Program Preparation Phase).
The Committee considered the invoices received from the consultant on the Community Re-
newal Program. After discussing the work completed to-date, Mr. Shaw MOVED, "The
Committee accepts th'e recommendation of the Director that the bills be accepted for
payment, and so recommends to the Board." Seconded by Mr. Stein. The Committee also.
recommends that the consultant be requested to provide a brief description of work com-
pleted for invoices submitted, in order that it may have more meaningful discussion
when brought before the Board for consideration. The Committee asked that the Director
make such a request of the consultant which Mr. Meigs agreed to do immediately.
It was MOVED by Mr. Shaw, seconded by Mr. Austin, "the Board accepts the recom-
mendations of the Committee." CARRIED.
Consultant Friedlander submitted a breakdown of the services covered by the
invoices, as requested by Mr. Meigs.
c) Codes & Ordinances - Chm. Austin reported the Committee's recommendations on the
following:
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1) BZA Appeal 978 Request for Variance to Permit Erection of New Pavy Less Gasoline
Station at 508 N. Meadow Street in a B-1 District. The Committee felt that the matter
should be brought before the Board with no recommendation, inasmuch as the questions
raised pertaining to the appeal would not be adequately represented by a single Com-
mittee
onmittee recommendation. The questions raised, which it felt the Board should consider-,
were:
1. The location of a cut-rate gasoline station at the entrance to the City, and its
appearance to the visitor;
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2. The matter of sign size and decoration, which is requested for an Exception in this
appeal, to allow a 96 sq. ft. sign where only 25 sq. ft. is allowable;
3. The matter of traffic flow and safety considerations in the location of such at auto-
oriented business;
4. Whether or not the need for a gasoline station at this location or any has been
adequately demonstrated, inasmuch as there are already over 30 gasoline stations in
the city;
5. Whether the Board should deny to any applicant the use of their property for a Pas
station or any other use on any basis other than the restrictions of the Ox°dy�.w�ce;
6. Increased income to the city from taxes on an improved property with higher assess-
ment value;
7. A concept of high-;:at or best use of prop�:rty;
8. The rear ,yard requirements of the Ordinance which the subject appeal does not comply
with, there being a requirenr�nt of approximately 1919" for rear yard whereas the
plot plan submitted indicates only 13'7"•
Director Meigs read a letter from F. Liguori, Commissioner of Planning for Tompkins
County, in which he stated, "the proposal will, of course provide an additional access
point for the exit and entrance of traffic on a major thoroughfare and will result in
some increase in traffic hazards. Although this one proposal in and of itself cannot ,
be considered to have a strong impact on the free, efficient and safe flow of traffic,
it is apparent that a precedent established by this proposal could very well lead to
additional similar activities, the cumulative effect of which could have deleterious
impact. It is recommended that a decision on the case be made with careful considera-
tion of the future."
The appeal (BZA #978) for a Variance to permit replacement of 5 houses located
close to Rt. 13 with a new Pay Less Gasoline Station, and Exceptions to permit erection
of a sign in excess of 25 sq. ft. and the erection of an office and control building
within 13'7" of the rear property line was reviewed by the Board. After considerable,
discussion, it was MOVED by Mr. Shaw, seconded by Mr. Austin, "Planning Board recom-
mends approval of the Variance." Vote: Ayes - 3; Nays - Messrs. Schmidt and Stein.
CARRIED.
Mr. Meigs urged the Board to adhere to requirements of the Ordinance because of
the possibility of further construction on adjacent property.
Mr. Shaw then MOVED, seconded by Mr. Austin, "Planning Board recommends granting
exception for rear property line as requested." CARRIED.
Mr. Austin MOVED, seconded by Mr, Burns, "Planning Board approved sign size as
requested." CARRIED.
It is expected that nearly all traffic generated by the business will be south-
bound and therefore should not create a traffic hazard. The adjacent property at the
rear line of the property is already an industrial use so granting the rear ,yard ex-
ception (reducing from. 1919" to 13'7") will not affect the owner of the adjacent
property. The 96 sq. ft. of sign will be for one sign which will both identify the
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business and display prices. The Board does not feel this appeal for Variance to be
circumvention of the area's t-1 zoning, which was recently affirmed by Q'6ra non Council:,
because this is an individual case considered on its merits. It was not felt that long-
range d�velopnent of the area would be seriously hampered by this one use, though there
was some feeling that a gas station would not be the most desirable gateway to the city:
2) BZA meal 979 - Request for Variance for Premises at 613-615 W. Green St. in an:
R-3 District for a Variety of B-2 Type Uses. The Conmittee felt that the granting of
such a Variance would arlount to spot zoning of the property; the surrounding uses are
resident al, and the area is zoned residential, therefore the Committee recommended that
the Board recommend denial of the appeal. The Committee also recognized that there are
some proposals for neighborhood red.evelopnent, which are a result of neighborhood
feeling that the «as _s best suited to residential uses, and should be continued in
this type of u.-,e.
It was MOzTED by Mr. Austin, second�:u by Mr. Schmidt, "the Planning Board accepts
the Committee's recor.Lnondations. C13Rl " .
3) BZA Appeal 9$1 - Request for
Variance to establish a Restaurant in the Old DeWitt
Junior High School in a B-1 ZO.., , In discussing this appeal the Committee raised
questions about the safety of such a use in a building which was intended to be convert-
ed to office, retail and residential use; it being felt that the possibility of fire in
a restaurant is much greater than with other uses, to which this Board has agreed. It`
was pointed out that the location of restaurants in residential structures is not un-
common, there being many instances of this in major cities, and at least 1 in Ithaca,
which is the Parthenon. Also, the developments of the last few ,years in the DeWitt
School area indicates change toward more intensive business use; it is likely that had
there not been a school on the site, it would be much more intensivelv developed in
commercial use, probably without residential. The Committee felt, however, that there.
was not enough information submitted with the application, and asked the Director to
request plans and further information from Mr. Downing prior to the Planning Board
meeting.
In reviewing the request, the Board still felt that there was still not enough
information submitted. Mr. Schmidt MOVED, "the request be referred back to the Codes
& Ordinances Committee for further information (which the Director was asked to request).
and consideration." Seconded by Mr. Burns. CARRIED.
4) Mobile Home Ordinance - The Committee discussed this matter with Messrs. Weiner
and Tsapis who were present, and felt that inasmuch as no draft of a Zoning Ordinance
amendment had been received for consideration as of the date of the Committee meeting,'
May 19, 1972, that no recommendation could be made to the Board. There was some question
among the Committee members as to whether the Planning Board can act on a proposal for,
a Zoning Ordinance amendment before the proposed amendment has been reviewed by Corlmon�
Council and then referred to the Planning Board.
Because the Mobile Hone Ordinance was not received soon enough to allow the Board_
to review it thoroughly, Mr. Schmidt MOVED, "Planning; Board accepts the Mobile Home
Ordinance in concept, and the individual members wishing to communicate on specific
items in the Ordinance do so in writing to the Charter & Ordinance Committee of Council:
by next Tuesday, May 30, 1972." Seconded by Mr. Austin. CARRIED.-
4a)
ARRIED:4a) Pro osal to Amend Zoning, Ordinance to Include a Zone for Mobile Home Park -
Mr. Shaw MOVED, "Planning; Board reconmends to Corson Council an Ordinance to provide
for Mobile Homes and Mobile Home Parks within the City of Ithaca, and expedition of
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same by following adjustments per recommended changes to the Zoning; Ordinance.
Seconded by Mr. Schmidt. CARRIED.
5) Request for Rezoning of a Parcel in an I-1 District to Permit a Mobile Horne Park
The Committee felt that it was improper to consider a proposal for use changes not
allowed by the Zoning Ordinance, and therefore made no recommendation to the Board. Mr.
Tsapis presented some points for consideration when the matter is considered. He stated,
as representative for some land owners in the W. Clinton St. area, that it would be
acceptable to utilize part of the Weiner property for a mobile home park. The land
owners felt that the N.Y.S. Urban Development Corp. Study of the Southwest area should
be followed with regard to its land use recommendations for this area, The Study indi-
cates that the northern portion of the Weiner property, approximately 14 acres, is
suitable for (industrial) development. Retention of this portion of the property in
industrial zoning would provide the buffer zone which the land owners feel is necessary
between existing industrial use and the proposed residential use. Other concerns which
Mr. Tsapis wishes to be considered are those of the traffic and circulation in the area,
soil conditions suitability as mentioned in the UDC Study, and the question of mixing
residential and industrial uses.
Director Meigs read the May 5th letter from Dr. Weiner's attorney requesting the
opportunity of meeting with the Planning Board and its Committees when they consider
rezoning of Dr. Weiner's parcel as referred to the Planning Board by the Common Council
of the City of Ithaca.
Members of the Board had many questions concerning the Mobile Home Ordinance and
its application to the request of Dr. Weiner, such as: set-back dimensions, restric-
tions concerning accessory buildings, responsibility for garbage pick-up, size of re-
quired and proposed recreation space, explanation and clarification of "Mobile Home
Displays and Sales," size of buffer zone, etc. Councilman Robinson invited the Board
to attend a Special Meeting; of the Charter & Ordinance Committee on Tuesday evening,,
May 30, to discuss these questions and any others with the Committee.
Mr. Wiggins questioned, on behalf of adjacent industrial owners, the compatibility
of the Mobile Home Park with the neighboring industries, because of traffic problems,
noise, dust and possible future expansion of the industries; and requested that an
adequate buffer zone be established between; and suggested that possibly Dr. Weiner
would consider changing, from Phase 1 to Phase 2 of his proposal at this time.
In answer to Director Meigs questioning the Board's desire to approve the Ordinance
even in concept, and making a recommendation on a zoning change which has not already `
been accepted and made legal in the city's scheme of things, Mr. Weinstein said the
matter was referred by Common Council to the Planning; Board in March, and contended
that if the Board does not act at this point, Council will have to hold the Public
Hearing, without its recommendation.
Mr. Austin MOVED, "Planning Board recommends amending= the present Zoning Map to
include the Weiner property in Mobile Home Park, from W. Clinton Street and the Lehigh
Railroad on the north to City-owned Southwest Park, along* easterly boundary line of the
park about 8001 , then on a line parallel to Clinton Street east to the Relief Channel;
north along the Relief Channel back to Clinton Street and the beginning, point, from I-.l
to MH-1, if Common Council approves." Seconded by Mr. Shaw. CARRIED.
Mr. Stein stated that he approved the above on condition that Common Council con-
sider some size and formm of adequate buffer, more than proposed by Dr. Weiner and less
than 14 acres, to provide adequate protection to industry so that they be compatible.
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6) Review of Proposed Sir;n Ordinance, if Received - Due to the lateness of receiving
the Ordinance, and the lack of tide for the Board to review it, Mr. Schmidt MOVED, "the
Sian Ordinance be tabled until the next Reffular meeting of the Board.S7 Seconded by Mr,.
Shaw. CARRIED.
7) Request for approval of Site Plan for Housin7 Authority Turnkey Housing Project
NY54--5 at S. Plain and Center Streets - Director Meigs read a letter from Executive
Director of the Ithaca Housinf7. Authority Armstrong in which he informed the Board, after
consideration of the plan or project, they might a) issue a report of unqualified
approval, b) issue a report of conditional or qualified approval, or c) issue a report'
disapproving thereof, and requested the recorimendation be forwarded to Common Council
to appear on their June 1st Agenda, if possible.
The Committee reviewed the request of the Authority for approval of the site plan
for the proposed turnkey housing project, containing 26 housinn units, and felt that the
plan submitted is inferior to one submitted inforineily previously which would have been
acceptalle had the required parking been provided, The Committee noted that the current
plan contains several undesira'le features such as very tight plan of building loca-
tions which puts 5 or possibly 6 units facinr- on the blank end walls of other units
within the project, the interior open_ space is not as large or as usable for recreation
as was the previous submission, the parking areas are awkwardly located, etc. The Com-
mittee recommended that the Director contact the Housing; Authority Administrator to see
if some compromise could be reached on the matter. The Director discussed the matter
with the Housing Authority Administrator after the Committee Meeting, and it appeared
that it was a case of accept the currently proposed plan or nothing. The Administrator
indicated that in the event the plan was not accepted by the Planning Board, and the
Council did not approve of it, that the project would fail.
Mr. Stein MOVED, "Planning; Board, with some misgivings, approves the Site Plan as,
requested, in accordance with the following resolution:
WHEREAS, in furtherance of its established goals and executed Cooperation Agreement with
the City of Ithaca, New York, the Ithaca Housing Authority has advertised and,
received proposals for twenty-six (26) units of public housing to be produced
by the "Turnkey" method of construction, and after receiving proposals, has
selected a proposal submitted by V & M Realty Company (V. Giordano Construction
Company) for said twenty-six (26) unit project comprising two 5-bedroom, eight
2-bedroom, and sixteen 3-bedroom units, plus a Community Building of approxi
mately 800 sq. ft. , to be located on approximately two (2) acres located on the
Northwest corner of S. Plain and Center Streets in the City of Ithaca, New
York and
WHEREAS, under Section 150 of the New York State Public Housing Law, the Planning Board
has received and studied the proposal for Turnkey Housing Project #NY54-5,
THEREFORE, Be It Resolved that the Plan, Project, and Site are hereby approved.
BE IT FURTHER RESOLVED, that this resolution and recommendation be forwarded without
delay to the Common Council of the City of Ithaca for their action."
Seconded by Mr. Schmidt. CARRIED.
8) Parker Subdivision - The Committee couldn't review the proposal further, as re-
quired information which was requested has not been received by the Board.
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OLD BUSINESS:
a) Review of CRP Activity - Director Meigs reported that Mr. Friedlander and. Mr. Gibbons
of Raymond, Parish & Pine, Inc. had ret with a part of the Mayor's Citizens Advisory Com
nattee to discuss citizen and community participation, in particular that of the MCAC in the
CRP; and that they will meet within the next few days' with Southside Area people to discuss
survey data. and programs that could be used in this area . He distributed to Board members a
sugFz.ested schedule of activities received from the consultant.
NEW BUSINESS: None.
MISCELLANEOUS:
a) Mrs. Jones, Chairman of Planning & Development Connittee of Council, requested that
the Board try to hake itself available for a special meeting; to be held in the next few days
for presentation by the Building Con ittee of the Green St. Parking Facility Proposal.
MEETING ADJOURNED at 11:35 P.M.
Res ectfully sutmi.tted,
J�han C. Meigs
6.1.72 Planning Director
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