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HomeMy WebLinkAboutMN-PDB-1972-07-25 PLANNING BOARD MINUTES City of Ithaca Regular Meeting July 25, 1972 7:45 P.M. PRESENT: Chm. Doney (arrived late), V. Chm. Shaw, Messrs. Austin, Ewanicki and Schmidt. ALSO: Director Meigs, U.R. Administrator Brown, Planning & Development Committee members Henderson and Spencer, Atty Weinstein, N. Schickel, Dr. Weiner, J. Ellie (WHCU) and F. Yahn (Ithaca Journal). ABSENT: Messrs. Burns and Stein. Minutes of the last Regular meeting of the Board, June 27, 1972, were approved as pub- lished. SPECIAL ORDER OF BUSINESS: (a) For information of the Board, U.R. Administrator Brown presented a proposed resolution concerning a change in plan for Block 99 of S. Cayuga St. which will be pre- sented to Common Council for action at their August 2 meeting. He stated that the Planning Board is not required to act upon it. Mr. Schmidt MOVED, "The Ithaca City Planning Board requests Common Council of the City of Ithaca to undertake necessary legal proceedings to effectuate a change in said plan deleting the exclusion of residential and transient housing and thus changing the use designation for Block 99 on page R213-3 of the Urban Renewal Plan." Seconded by Mr. Austin. CARRIED. Mr. Brown explained that if the resolution is approved by Common Council on August 2, the block will be sold to Atty W. Wiggins who is prepared to start construction on August 7 and expects to have the two main wings of the motel completed by winter and the entire building completed by summer of 1973. The motel will contain 98 rooms and 102 parking spaces which will be located in the rear. The corner of S. Cayuga and W. Green Streets is reserved for a gas station. Mr. Meigs questioned the location and size of exits and entrances; also, he feels a more contemporary style would fit better in the surrounding area. Mr. Brown said that Egner & Niederkorn are doing a review and will prepare a critique for the Agency. (b) Mobile Home Park - Dr. Reuben Weiner informed the Board of the progress of his proposed Mobile Home Park. His engineers are currently working on the plans for a first phase of 125 mobile home sites. The required park for this development will cover approximately 7 acres, and will contain a service building with a 950-1000 sq. ft. recreation room. Dr. Weiner plans to meet with Director Meigs, Supt. of Public Works Dingman and V. Hannan within the next few days. He expects to present the final plan to the Planning Board 10-12 days prior to the August 22 meeting of the Board so they may review the plans. (c) Mr. Norbert Schickel addressed the Board concerning his request for exception to Sec. 7, Cols. 7, 8, 11 and 14 of the Zoning Ordinance, at 105 Miller St. , in an R-1 district (See also MISCELLANEOUS, BZA Appeal 983)• He wishes to construct a 1 -bedroom and study "city house" with attached 1 bedroom and study apartment on a 6,000 sq. ft. lot, built to the lot line on one side, the coverage being 30 percent. The Zoning Ordinance requires 15,000 sq. ft. for a dwelling with apartment, requires at least 10- ft. sideyards, and permits 20% lot coverage. The Board question the advisability of considering an exception for this type of development, though they would be less hesitant if the proposal were for a 1 family dwelling. Mr. Meigs expressed the opinion that he would like to see consideration for re- vision of the zoning regulations to cover this type of problem, where existing lot sizes make development difficult. COMMUNICATIONS: None. COMMITTEE REPORTS: (a) Codes & Ordinances - Atty Weinstein, counsel for the Hotel & Restaurant Owners Assoc. , reiterated opposition to the request of Mr. Downing for rezoning that portion of the block containing the former DeWitt Junior High School from B-1 to B-2. He contends:: the proposal, as presented to Common Council, is not in conformance with Sec. 83 of the: City Ordinance, Sec. 809 of the General Municipal Law or Sec. 2-35 of the Code of Ordinances; in addition, that the difference between rezoning and spot zoning consists of spot zoning being the rezoning of a small parcel, not for the benefit of the community as a whole, but for the benefit of one particular landowner. There having been no testimony to indicate this proposal is for the benefit of the community as a whole, he contends the proper procedure should be for the owner to request a variance from the Board of Zoning Appeals (which Mr. Downing has done and which was denied). He suggested the proper procedure would be for the Planning Board to reject the Downing proposal. He also felt that the matter had not been officially referred to the Board by Council. Mr. Schmidt read the Committee Report of the Codes & Ordinances Committee as follows "l. Rezoning involving more than one property under different ownerships where ownership is unlikely to be consolidated, is not spot zoning. 2. An existing nonconforming use (Temple Theater) and uses currently permitted by variance in the DeWitt Bldg. (shops) make the rezoning reasonable in itself. 3. As the Board stated in its previous recommendation to the BZA, the particular use which Mr. Downing wishes to develop on his property, and the location proposed therefor, is appropriate, and it does not seem reasonable to act against such use on the grounds that it would compete with similar uses in the area. 4. Granting the rezoning would act to increase the tax base and city tax income. 5. Increasing the B-2 area here would still leave a buffer of B-1 use between it and area zoned residential. 6. The major argument against rezoning is the possibility of some not particularly desirable use being located on the North side of the block opposite DeWitt park, which would conflict with the purpose of the Historic Landmarks District which has recently been established around the park. Some condition might be set on the rezoning, requiring the owner to adhere to the provisions of the Landmarks Ordinance as a partial safeguard against undesirable developments. 2 Mr. Schmidt then MOVED, "the Planning Board accept the Committee's recommendations." Seconded by Mr. Ewanicki. Mr. Meigs read a letter from Elaine and Wm. Downing requesting the change in zoning (See Official Planning Board files). There was some discussion as to whether the request for rezoning was for the Downing property only or for the entire portion of the block not already zoned B-4; also, as to whether the matter had officially been referred to the Planning Board by Common Council. Mr. Meigs informed the Board that he has determined the request is for the entire portion of the block not already zoned B-2, and that Common Council did refer the matter to the Planning Board. He also said he had contacted the Women's Community Building and St. John's Church, and the Vestry of the Church has informed him they have no objection to the change in zoning. In a vote taken on the above motion, it was CARRIED unanimously. OLD BUSINESS: (a) Community Renewal Program 1) Nei �hboxhocd Dev_ opment Program 2) Code Enforcement Program Mr. Meigs informed the Board that the Advisory Committee for the Community Renewal Program has met and has recommended that we prepare applications for NDPs for the north and south sides of the city (the areas within the boundaries of Cayuga, Titus, Meadow and Green Streets; and Meadow, Lake and Cascadilla 'Triangle' ), and for a Code Enforce- ment Program to encompass the area bounded by Cascadilla, Meadow, Seneca and Cayuga Sts. These areas show the need for application under the two programs, The staff is currently preparing the preliminary applications for the NDPs as was previously encouraged by the Board and the Common Council. He informed the Board there will be further meetings with the people in the areas, on specific proposals for a first .year Action Program which is required to be presented in the final application for a Neighbor- hood Development Program. Mr. Shaw MOVED, "the Planning Board authorizes J. Meigs to proceed to file the preliminary applications." Seconded by Mr. Schmidt. CARRIED. (b) Raymond, Parish & Pine Invoice - The invoice for the period of mid-June to mid-July has not as yet been received in this office, so there was no obligation to act on this item. NEW BUSINESS: (a) Apartment Development Districts - Common Council, at its July 5th meeting, directed the Board to place a moratorium on further A.D.D. projects until such time as the Charter & Crdinance Committee has reviewed rules and regulations governing same. Mr. Meigs said he believes this should apply to the approving authority (Building Commissioner) as well as to the Planning Board. (b) Site Plan Review - As a result of concern over the development of the Ladies' Benevolent Association property, Director Meigs wishes to recommend that the Board recommend to the Charter & Ordinance Committee of Common Council that it consider in- clusion of a section in the Zoning Ordinance to require Planning Board review of site plans for major developments. Mr. Schmidt MOVED, "the matter be referred to the Codes & Ordinances Committee of the Board." Seconded by Mr. Austin. CARRIED. 3 (c) Item not on the Agenda - Mr. Mems informed the Board he has received the annual Budget Request from the Controller and would like it referred to the Executive Committee. Mr. Schmidt MOVED, "the Board refers the annual Budget Request to the Executive Committee for preparation and review." Seconded by Mr. Austin. CARRIED. MISCELLANEOUS: (a) Zoning 1) Appeal 983 - Request for Exception to Zoning* Ordinance at 105 Miller St. , in R-1 district - Mr. Shaw MOVED, "Planning, Board recommends favorable con- sideration of request for exception to the Board of Zoning Appeals." Seconded by Mr. Ewanicki. VOTE: Ayes - (2) Shaw, Ewanicki Nays - (2) Schmidt, Austin Chm. Doney voted "no" and broke the tie. Therefore, the Board recommend denial of the request for exception. MEETING ADJOURNED 9:45 P.M. Respectfully submitted, ll.t,m.a._�.'y,_ Jonathan C. Mems 8.3.72 Director 4