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HomeMy WebLinkAboutMN-PDB-1974-08-27 PLANNING BOARD MINUTES City of Ithaca Regular Meeting August 27, 197+ 7:30 P.M. PRESENT: Mrs. Benson, Chm. Doney (arrived late), Messrs. Hildreth, Moran, Saggese and Stein. ALSO: Planning Director Van Cort, Mayor Conley (arrived late) , Alderwoman-Jones, Messrs. Dingman and Dougherty of the DPW, and members of the press and radio. ABSENT: Mr. Brock. Vice-Chm. Stein presided over the first part of the meeting in the absence of Chm. Doney. The meeting was called to order at 7:40 P.M. Mr. Moran MOVED and Mr. Stein seconded, approval of the minutes of the meeting of July 23, 197+. The motion CARRIED unanimously. At this time Mr. Stein asked the Board members whether there were any objections to their taking up item 8b on the Agenda. He explained that Mr. William Dillon had requested specifically to address the Board concerning this matter, but that he was due to another engagement shortly. All Board members bein Afavor, Mr. Stein intro- duced Mr. William Dillon, who spoke briefly on the matter. Mr. Dillon simply stated that he wished to ask the Board to not permit any further misuse of the waterfront. He emphasized his desires to keep it for beautification purposes and requested that the Board consider this matter very carefully. The Board members thanked Mr. Dillon for his concern and his time. ZONING: a. BZA .Appeal 1060--Request for a Variance by Roy H. Park, Inc. at 201 Prospect St. in R-3 district. Planning Director Van Cort read the pertinent part of the request, and explained that this case has been before the Board on two previous occasions. He added that Roy H. Park, Inc. is requesting permission to use the property on South Aurora St. as a parking lot, which "requires a use variance since this type of operation is not allowed in a residential area. He briefly summarized the replies given to the two previous requests and read the resolutions, which stated: BZA Appeal 1033 - November 29, 1973: 1. That "the Planning Board RECOMMENDS that the Board of Zoning Appeals interpret the word 'dwelling' simply-and exactly as it is defined in the Ithaca Zoning Ordinance." 2. "That the Planning Board RECOMMEND that the Board of Zoning Appeals interpret the term parking area" simply and exactly as it is defined in the Ithaca ung Ordinance, and that such interpretations exclude the use of neighborhood parking areas by anyone except residents of nearby dwelling-units and their gue,its.a` BZA 1038 March 4, 1974. "That this Board reaffirm the follow* g: 1) that the integrity of residential neighborhoods are vitally important t the health, welfare and future of this city; 2) that the wording of the Zoni g Ordinance as it relates to neighborhood . parking lots in R-3 or other resident al districts is very clear and .explicitly does indicate that neighborhood parki g lots shall only be permitted to be used for parking for residential purposes nd not for commercial or other business purposes; 3) that the problem of this kind is particularly acute in transition areas,where businesses and residentia. uses abut each other; 4) that special attention should be given in such cas s to protecting the integrity of residential areas, and 5) that this Board reaffi s that the officials and the technical staff of this city interpret the ordi ances and make their'decisions in regard to this policy as stated. Furthermor , it judges this variance to be essentially a matter of quasi-legal nature beyond the purview of this Planning Board except' as otherwise noted in its general pol'cy about residential neighborhoods and parking, and therefore takes no posit'on.�r At this time Mr. Van Cort explained t at the difference between this appeal and the two former appeals is that this time R has tried to rent toresidences in the area but has had no success in renting a of the spaces in the lot, which they contend further contributes to the hardship of own'ng a parking lot which cannot be rented to residents. At this point Acting Chan. Stein introduced Mr. Robert Williamson, Attorney for Roy H. Park, Inc. Mr. Williamson gave a istory of the appeal. He described the purchase of the property and the negotiations performed by Petr. Burns, Vice-President of RHI in 1961. He explained that Mr. B ns, through discussion with a city official, was led to believe that a parking lot on e site would be permissible. He further. added that it was not until the Fall of ° 3 that RHP proceeded with demolition under such assumption and further that they. appl'ed for a building permit believing that they were within the rights to construct a par ing lot. He then went into detail concerning the financial aspect of the operation, st ting that considering all costs involved, RHP would suffer a cash loss each year, b t if Park were allowed to rent 20 spaces at an average of $15.00 per month to 20 tens ts, the property would yield a reasonable return. Ips. Williamson went on to say that R sent out, to 550 individuals residing on South Hill a notice inquiring as to wheth r or .not they wished to rent parking space in the lot for $15.00/month. He informed the Board that he had available for them to look 'at a copy of the letter and the name of those who were sent notices. He further added that a display ad was published in lhheIthaca Journal on .approximately 10 evenings, a copy of which he presented to the Board. .He stated that they have received no response whatsoever to either. He re-emphasized the fact that RHP is requesting to rent those 20 spaces during the day-time business hours to its tenants and that they intend to carry on with their original policy of allowing anyone to park there free of charge during evenings, weekends and holi ays. At this time, .saber of the public was encouraged to speak. She introduced' herself as Mrs. Carol Bonnichsen and stat. d that she represented the Parent Teachers' Association.. She added that the PTA memo rs were very concerned with the thought of this property being used as a parking lot She went on to say that a survey was con- ducted on a daily basis to determine the ount of traffic generated from this property. She said that the survey was made at the ime when children were going to and from school; it pointed out that there is an a erage of 8-10 cars per day which use that: lot for parking while the owners go to visit r work across in the Terrace Hill Complex. 2 She added that these cars are coming and going at a dangerous time and that th-y ,. often found to turn into the one-way street the wrong war in-order to enter the lot, and she, and the group she represents, feel that this is a traffic hazard. Another member of the public, Mrs. Brentlinger; spoke on the matter. 'She- in- formed the Board that she was a member of the Board of Directors of the South Hill Civic Association. She read a letter to the Board, signed by Ari Van Tienhoven, . President of the South Hill Civic Association, outlining their areas of concern regarding this matter: "Dear ifirs. Brentlinger The folowing points are I think the crucial ones: 1. R. H. Park, Inc. has not complied with the Zoning Ordinance as far as land- scaping and screening is concerned. The fact that they are not allowed to use the parking lot other than as a neighborhood parking lot is irrelevant. 2. The parking lot is being used by what appear to be tenants and/or customers of tenants of R. H. Park, Inc. , e.g. , people park their cars from 8 to 5 and go into R. H. Park building at 8. The same cars are parked there several days in a row at the same time, i.e. , from about 8 to about 5. This use of this parking lot is in flagrant violation of the Zoning Ordinance. The Board of Zoning Appeals has twice turned down R. H. Park, Inc. appeals for use of this lot for other than neighborhood parking lot purposes. The South Hili Civic Association wishes to register its protest of this use and wishes to ask the Zoning Board to assist the Association in accomplishing its goal of maintaining the R-2 residential zone as an R-2 residential zone and to help prevent commercial encroachment by R. H. ,Park, Inc. Thanks for i9pinchhitting" for me. Sincerely., Ari Van Tienhoven Pres. , South Hill Civic Assoc." The Board thanked Mrs. Brentlinger and Mrs. Bonnichsen. At this time, T-4r. Stein read the letter from Mr. Jones to Pns. Burns, dated October 25, 1973, which outlined the conditions for agreement. Mr. Saggese expressed some concern over the fact that he has noticed children playing in the parking.lot on several occasions. Mr. Williamson replied that this matter would be sol-ved should RHP be allowed to rent out spaces, as there would be the added feature of day-time supervision to ensure that each reserved parking space is available. AlderiTeman Jones re-emph,�Lsized the fact that under no circumstances should anyone be allowed to use that one--way street in the wrong direction. . Urs. Benson MOVED, and Mr. Saggese seconded; `that the Board reaffirm exactly the same resolution that was made on the last occasion (see above, Appeal 1038)." At the request of the Board members, Mr. Van Cort re-read said resolution. The above :notion 3 was passed unanimously. After further dis .ussion, PIr.: Doney suggested that.the Board make a further recommendation on the plannng aspects of the RHP case. The suggestion was favorably received and Mr. Stein expla ned that the floor was open for an additional motion. Mr. Doney MOVED, and Mrs. Benson econded, "that in keeping with the present city Codes and Zoning Ordinance on the mat er of neighborhood parking, that 'the Board feels that this lot does not conform to th t specification and that from a planning] standpoint, it is not an appropriate use for that lot." VOTE.: Awes - 59 Nays - 1 (Mr. Moran) The motion CARRIED. SPECIAL ORDER OF BUSINESS: None. At this time Chm. Doney explained that there were two members of the Department of Public Works present to discuss Item 8b on the Agenda, and asked if anyone would object to that item being considered next. Since all were willing to do so, tl_at item followed. NEW BUSINESS: b) DPW Storage & Maintenance facility site--Yx. Van Cort explained that Jon Meigs had temporarily been assigned to the DPW in order to investigate the need and recommend a site for a DPW storage and maintenance facility. He then summarized the result of that investigation as follows: Mr. Meigs' findings were that there was a definite need ;for such a facility and he further made certain recommendations on possible sites. - Mr. Van Cort stated that he supports Mr. Meigs' findings, particularly with reference to the need for the facility. He added that the Bcard was being asked to make a recommendation on the site for the facility. Mayor Conley requested that the Board treat this as a formal referral from Council. Mr. Van Cort then proceeded to des cribe the proposed sites, as follows: 1) I'll follows choice was on Third Street Extension north of the NYSDoT garage; 2) Mr. Meigs' ecommended a site on. First St. , bounded by Adams, Lake and Franklin Sts. Other sites considered included the CYO site, and the fairground site, which was eliminated due o the high cost of the land. Mr. -Van Cort explained that the First Street site offered the advantages of being in close proximity to the existing DPW facilities. He then vent on to say that the DPW preferred the Third St. site because they feel that the Third St. site has the best conditions for their needs. Mr. Van Cort then briefly went over the pro's and con's of each site. He devoted some time to describing the waterfront land which remains available in the city. He displayed a map of Cayuga Inlet and explained that the only shoreline which will be accessible by most boats is the 1 nd north of the proposed Rte. 96 crossing, and that the Third St. site was one .of on two waterfront sites remaining available for development, while noting that proximity to the city's sewer plant might detract from the value of the land, stated that proper site planning could overcome this problem. He further stated that there were other development problems such as a restrictive covenant in a deed for part of the land as well as State control of much of the shore, but he stated he hoped these could be overcome in time. He stated khat it was very difficult to determine the recreational value of the land due to the nearness of the sewage plant, but that a local realtor had estimated it to be worth $6,000 to $10,000 per acre. Mx. Van Cort expressed his desire to see that land pre' - served reserved for recreational purposes. He then introduced DPW Supt. Dingman and Asst. to the Supt. Dougherty. Ptlr. Dingman praised 1•4r. Meigs for the fine work he has done and briefly explained his feelings about the matter. Mr.. Dougherty then spoke in detail . about the reasons why-the DPW has chosen he Third St. site as the site for the maintenance facility. He began by explai.ing that in 1967 a project for the Third St. site had been approved and that extensive investigation was conducted in which they``, 4 examined many sites including the First ST. site. He stated that this site is not big enough for the long range uses of their department. He described the siteas being approximately 2 acres in size. He added that the DPW feels that the land is too expensive and the additional work of filling in the land to the point of it being usable would be very expensive. Mr. Dougherty explained that the DPW feels that the Third St. site is best in that it is much larger and has room for future expansion, and also offers much more efficient access to the city. The DPW also feels that the site is very compatible to what already exists in the area. When, asked about the suitability of the First St. site, Mr. Dougherty replied that the site is too small and could not provide the use for both the building and the bulk storage area. He explained that their operation was very large gravel and cinder piles which require much area. He further explained that the maintenance garage would not be.used solely for vehicle repair, but would be used also,. for vehicle storage, as stock room for repair parts for highway and bridge, care,' ;etc. Asked about:.:the possibility of the ,. CYO site, he replied that he was- not `farm liar Stith it and that the.,soil.. conditions_­ would have to be checked. At this time Mr. Dingman mentioned the fact that the CYO would require sewer facilities, which would mean additional costs. Mayor Conley stated that after a meeting with Council he wanted to mention that both the CYO site, and the Third St. site are west of the railroad tracks. He also mentioned that the rest of the land around the First St. site is;..ih,city use, which means that Lake Ave has no value for movement of traffic. He then added that he agreed with Mr. Meigs that he found the First St. site most suitable._. Mr. Van Cort re-emphasized his. . feelings that the Third St. site should be kept for recreational use, but he felt that something should be done as soon as possible to accommodate the DPW.. Mr. Dingman then replied that the DPW has considered preserving a 50-ft. strip of land by the waterfront. for recreational purposes. At this time, Dan Hoffman stated his feelings. He expressed much concern for the waterfront. He read a section of the Zoning Ordinance, quoting the intent of the marine area. He added that he felt that the construction of the DPW facilities would act against the intent of the ordinance. Mr. Doney then suggested that the Board make a recommendation to Council. There ensued further extensive discussion with regard to the Third St. site. Mr. Dingman stated that he did not consider the railroad problem a very serious one. : He added . . that he timed the railroad crossing at a most significant time of day and found it to: , take just over 5 minutes for a 60-car train. Mr. Van Cort informed the Board that he spoke to the NYSEG and was told that the optimum.design is for one 100-car train per day in each direction. Mr. Dingman told the Board he would like to bid the project in January of 1975• Mr. Moran MOVED, "the Planning Board finds the Third 'Street and First Street sites are both equally acceptable.' This motion died for lack of a second. Mrs. Benson then MOVED "the Board recommend construction of a garage." Mr. Moran, seconded. The motion CARRIED unanimously. Mr. Hildreth then MOVED, and Mrs- Benson seconded, "that the Board recommend that the First St. site proposed in this document be to recommended site for development. Mr.- Stein proposed an amend- went to the motion "that the Board indicate that its preference is for the First St. site, but that the Third St. site is acceptable to the Board if..it.:is .understood that the western portion of the site which is now used-for storage, Wil-1,be'retained for future development for recreation of marine--type use as in the Master Plan, .and that protection should apply,to that strip of land' on the south shore of the Cas.cadilla Creek from the. Willow St. Bridge to the Inlet." NY s: Bergson Lnd r.. Hildrath accepted 5 the amendment. The motion CARRIED unanimously. Mr. Stein further MOVED that addi- tional consideration be given to the use or the CYO property and that information be gathered as soon as possible so that ad quite judgment can be made about the site. PAr. Moran seconded. The motion CARRIED un 6nimously. COMMUNICATIONS: None. COMMITTEE REPORTS: a. Codes & Ordinances: Fall Creek toning Study - recommended against zoning changes. Mr. Doney MOVED, and Mr. Stein seconded, "that the Board accept the recommenda- tions of -the Codes & Ordinances Committee." FZotion CARRIED unanimously. OLD BUSINESS: a. South Side Center Playground Pro rens Report: Mr. Van Cort stated that staff has submitted an application to the State for aid in acquiring two parcels adjacent to the S.S. Center and that preliminary ayproval of this application has been received. b.' Recommendations on sale of Bed o Hancock St. west of Route 13. Mr. Van Cort explained that this quieticn had beet be�D, e the Board at a previous meeting. Due to an impediment to the sale, the matter wastponed until the next meeting. NDI BUSINESS: a. Recommendation on Plan for New City Street to Link Cascadilla Ext. to Third St. west of Rte. 13. Pis. Van Cort stated that as this would require extensive dis- cussion, it should be postponed until the next meeting. b. DPW Storage & Maintenance Facili +Z Site: See above. C. Report of Staff Recommendation td Intergovernmental Relations Committee of Council on Need. and Location for South Hill Fire Station. Mr. Van Cort gave each member of the :hoard a copy of the staff recommendations, on which it may take action at the next meeting. d. Department Budget - 1975: Idr. V�n Cort asked the Board to refer the Operating Budget to the Executive Committee with the power to act. Fie added that submission must be in by September 15. Mrs. BensonMOVED that such action take place. Mr. Moran seconded, the motion CARRIED unanim usly. MISCELLANEOUS: 1. Mr. Van Cort explained that the Better Communities Act is now law, and that the staff is now studying it and that the hope to be able to report to the Board in the near future what the act potentially Iffers to the city. 2. Mr. Van Cort explained that he htzs been asked by the Mayor to help prepare an application for the "All American City' av-ard. He added that Ralph Jordan has made a list of Ithaca°s achievements of t e last 1 1/2 years. At this time Mayor Conley explained that the applications ha e been submitted by cities for projects that have been initiated and worked on by the community. Mayor Conley added that 6 they have selected several areas of emphasis, namely, Historic Preservation (Clinton House), the development of Cass Park and the Central Business District renewal, each of which grew out of citizen action. He informed the Board that there will be 22 finalists and that there will be an oral presentation from the community at a meeting which will be held in San Diego during November. The atTard will be given in May, and will provide the community with National publicity. Mayor Conley stated that they would also like to make a visual presentation to support the written application. He would like this to be professionally done so that they may use it again at meetings around the community. This will require extra funds. which are available in the Professional. Services account, supplemented with other similar sources in the city, e.g. , Urban Renewal, Housing Authority, ,etc. He then asked the Board's permission to use money from the Planning for this project. All Board members were in agreement. ADJOURNMENT: 11:20 p.m.. Respectfully submitted, Fr ; r —H. Matthys Van Cort Planning Director g.20.7+ 7