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.
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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.
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(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
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