HomeMy WebLinkAboutMN-PDB-1978-03-27 MINUTES
PLANNING AND DEVELOPMENT BOARD, CITY OF ITHACA
27 March 1978, Common Council Chambers
PRESENT: Chairperson LeG. Benson, M. Crowley, R. Hildreth, R. Moran
ALSO: H. M. Van Cort, T. Hoard, B. Townsend, K. Rowe, S. Tanner, J. Bentkowski,
J. Fane, R. Broberg, W. Burbank, D. Marvin, D. Hoffman, J. Petrillose,
J. Yarnell, R. Barnard, P. King, D. Goldsmith, R. Lang, C. Miller,
E. Clement, Members of the Press, Others
1. The Chairperson called the meeting to order.
2. She then requested a motion to open a public hearing on the UFAIR subdivision.
Mr. Moran so MOVED and Ms. Crowley seconded. CARRIED unanimously.
Mr. Broberg, Acting Director of Design and Project Management at Cornell, said
Cornell was asking for the subdivision for two parcels of UFAIR property. He
said they have written to the Department of Environmental Conservation to determine
whether the property is considered a wetlands site, and DEC, has responded that it is
not. He showed a map with the drainage scheme for .each site, and said that UFAIR
expected each buyer to connect with existing utilities on Meadow Street. He further
stated that Cornell would like to exchange a parcel of property for a relocation
of the right-of-way on Clinton Street. He said owners were also willing to give
the City a 13' right-of-way along Meadow Street, so that the street could be widened.
The northernmost curb cut on the property lines up with Wood Street. The proposed
northernmost curb cut is in conflict with the DoT's requirements that curb cuts be
no closer than 5 feet from a property line. Mr. Van Cort said that the Planning
staff is satisfied with the way the curb cuts have been laid out. Mr. Broberg noted
that the DoT is obligated to provide curb cuts to anyone who requests them, and that
this was in conflict with the city's desires. Mr. Van Cort agreed that the staff
would still like to seethe-,parcel include a plan for internal circulation. Mr. Ed
Hoffman, attorney representing the Tanner Building Company, said they were planning
to build a Tops supermarket, a home building center and one other store on one of
the UFAIR parcels. He 'felt that alining their curb cut with Wood Street would make
for a safer intersection, especially with the addition of a traffic signal.. He said
that supermarkets require 5 to 6 square feet of parking space for each square foot of
building area. He said they did not want to put in that much parking and then
have it be used by customers for the other businesses locating on the site, and that
they would like to have separation from other lots. He then presented the
following proposed agreement between the purchaser and the seller giving the City
as third party beneficiary the right to enforce the agreement, as suggested by the
City Attorney;
At such time as Seller conveys the land abutting the premises herein.
described on the north (hereinafter referred to as the "northerly parcel"): ,
if the purchaser of the northerly parcel intends to utilize the norther-
ly parcel for a retail use and if the purchaser of the northerly parcel
agrees to construct a parking area having a ratio acceptable according
to current industrial standards, and if the purchaser of the northerly
parcel agrees to construct an access from the northerly parcel to
South Meadow Street, Purchaser of these premises agrees that he will
P & .D Minutes 27 March 1978 Page 2
enter into an agreement in form suitable for recording in the
Tompkins County Clerk's Office with the purchaser of :the northerly
parcel under which each of those parties and their tenants, successors
and assigns and their employees and invitees would have mutual ease-
ments to cross and recross the lands of the other, which easement at
the division line between Purchaser's land and the northerly parcel shall
be at least 24 feet in width and shall be located at such point as the
parties may agree or, in the absence of any such agreement, at such
point Purchaser may designate between the surcharged area and South
Meadow Street. The obligations of this paragraph shall survive the
giving of any deed. The City of Ithaca shall be considered a third
party beneficiary of this paragraph and shall have the right to en-
force the same for the purposes of planning and traffic control on
South Meadow Street. Nothing herein contained shall obligate Seller
to sell the northerly parcel to a purchaser who will agree to conform
to the requirements of this paragraph in order to qualify for such a
mutual easement. (as amended)
In the discussion which followed the reading of the proposed agreement, the follow-
ing changes were made: As first read the agreement specified the parking ratio
which would be required of the developers of the adjacent parcels. This was modi-
fied to require buyers of adjoining properties to build adequate parking for future
development according to current industry standards. The Tanner Corp. is proposing
to build more parking than is required under the Zoning Ordinance but they feel
this high ratio is necessary for their tenants, and since a future developer could
under the Zoning Ordinance build far less parking on the adjacent parcels, allowing
their customers to use the "Tanner parking, Tanner wanted some assurance that
future developers will provide adequate spaces. The agreement further specified
that only compatible retail would be built on the adjacent parcels. Mr. Van Cort
asked what kind of retail use they felt would be compatible with their own. Mr.
Hoffman suggested an automobile agency, miniature golf course or other retailers
whose businesses they would not feed, and who would not feed them business. The
requirement for compatible retail was dropped. Mr. Ralph Barnard, Cornell's lawyer
on the project, said that they realized the only way to sell- off the property was par-
cel by parcel. He noted that Cornell has the interests of the community in mind.
Mr. Van Cort then described the Planning and Development Department's most recent
dealings with UFAIR.
Mr. Dan Hoffman of Ecology Action raised some questions on long range planning, effects
of the project on_ the local economy, and effects::.-on the environment. He said he would
like to see locally owned businesses in that location. He noted that this 'is one of
the largest undeveloped parcels in the city and that there might be more appropriate
uses of this land. He asked whether the builders could be persuaded to use solar heat
or wood, and said he was concerned about traffic patterns, and the effects of the.
project on the nearby mobile home park. Concerning long range planning, he asked
how this would fit in with plans for the southwest, and asked whether the city had
considered community gardens, parks, wood lots, farmers markets, etc. for the site.
He asked whether".-,the city's decision had been cleared with the SEQR Act. Mr. Van Cort
replied that it was his understanding that this development was not covered by the
SEQR Act at this time, but that he would check into this further and report back. He
said that, were it covered, the developers would have to do an environmental assessment
of the proposed development. Mr. Hoffman replied that he hoped that as much time as
necessary would be taken to consider all the effects of this proposal.
Ms. Benson read the following letter from Mr. Arthur J. Pratt;
Director of Planning and Development, City of Ithaca
I would like to point out two very important reasons for not making
a commercial subdivision of the old fairgrounds.
P & D Minutes• 27 March 1978 0 Page 3
1. There are already many more merchants in and around Ithaca than
have a good chance of surviving with the present total volume of sales
in our entire shopping area. It is the duty of our Director of Planning
and Development to limit the number of stores to those that have a
reasonable chance of surviving. In the fairgrounds area there are
already four good supermarkets - Super Duper, Great American, Grand
Union and Co-op. Another one will further divide the business and may
bankrupt one or more of the others. You certainly are doing no service
to the community by that move. More competition from department stores,
liquor stores, drug stores and others now in the Meadow Street region,
now in the Commons, or which are planned for the Commons, is likely to
make the competition so stiff that it will put some of them out of
business. Isn't is best to have green grass on the fairgrounds and
have a high percent of full stores in all of those areas?
2. The fairgrounds is the only remaining open area adequate for a park
where Tompkins County Senior and Junior citizens could have a recreation
area that would be within walking distance of their homes, or at least
from the Ithaca Transit buses. It is the only remaining open area where
there could be several baseball, soccer and other athletic fields.
That entire area is a floodplain on which no one should be allowed to
build. As a city park and playground flooding once every few years
would be no serious problem. If it is filled enough above its present
level so that it would never get flooded, that fill would likely increase
the likelyhood of flooding private homes in the Titus Towers region.
Also where would they get the thousands of cubic yards of fill that
would guarantee getting that area above any possible danger of flooding.
Arthur J. Pratt
Maple Grove Place
Ithaca, New York
Since there were no additional speakers, Mr. Moran MOVED to close the public
hearing. Mr. Hildreth "seconded. CARRIED unanimously.
9.c. The Chairperson called for a motion to approve, deny, or postpone
decision on the subdivision request. Mr. Van Cort noted that the land is useless
for agriculture because it has a foot-deep layer of gravel on it. He also noted
that it is not the City's business to regulate the number of supermarkets or any
other businesses. The City can only regulate zoning of these businesses. Mr.
Van Cort then read the following memorandum from the Staff:
MEMORANDUM
TO: Planning and Development Board.
FROM: Staff
SUBJ: Review of UFAIR Subdivision Application
DATE: 27 March 1978
Although University officials have been quite cooperative in attempting
to provide necessary data for Final Approval of the subdivision, the
limited time available for the process has not permitted all details
to be resolved prior to the date of public hearing requested by Cornell.
It is our opinion that the process in nearly complete and is basically
in order; however, we would not recommend Final Approval until the
points listed below, in addition to any which may arise at the Board
meeting this date, are settled to the satisfaction of all reviewing
P & D Minutes• 27 March 1978 • Page 4
parties. Accordingly, we recommend that toe Board utilize the
45-day action period available to it (per 31.25C, Subdiv. Ord.)
and, at its discretion, either hold an official meeting for approval,
or grant approval conditional on applicant's completion, to the
satisfaction of appropriate City staff, of any of the specific items
listed below or raised by tonight's hearing and discussion which are
left unresolved.
Items to be completed:
1. Submission of three (3) full sets of ,plans of the subdivision
bearing all information requested by this office and the City
Engineer, and affixed with the legible seal and signature of a
Licensed Practicing Engineer or Land Surveyor.
2. Acceptable documentation of a right-of-way for maintenance of
thedrainageditch along the south line of the property.
3. Proper monumentation of land proposed to be ceded to the City
for eventual S. Meadow Street widening, plus acceptable offer of
cession , .with title abstract or other suitable legal documentation.
4. Satisfactory completion of Wetlands review by NYSDEC, and location
of Meadow Street access points acceptable to NYSDoT.
5. Satisfactory arrangements for internal circulation between parcels.
6. In the event that Cornell seeks approval of the entire subdivision
at this time,
(a) monumentation and legal documentation for relocation of the
W. Clinton-Meadow intersection.
(b) resolution of location of this intersection, in conjunction
with NYSDoT.
(c) location of curb cuts on (realined) W. Clinton Street
satisfactory to City Engineer.
(e) reservation of adequate internal circulation crossover points.
Mr. Van Cort noted that it was important for the City Attorney to read Tanner's
proposal to assure that the legal language satisfies the principles of the Board.
Subdivider agreed to provide a pass-through between the Tanner parcel and the par-
cel adjacent to it on the south with the same provisions for adequate parking
access to meet industrial standards as were agreed to for the parcel to the north.
P & D Minutes• 27 March 1978 Page 5
Mr. Doran MOVED to go into Committee of the Whole discussion., Ms. Crowley
seconded. CARRIED unanimously.,
In response to a query from Ms. Benson, Mr. Bentkowski noted that they do have
several local merchants inquiring .into purchasing part of the land. Mr. S. Tanner,
potential developer for Tops, said he had built a similar project recently in
Elmira, .and that it had been successful because Tops is service oriented. He felt
that a Tops at that location would provide an anchor ,for local businesses. He further
noted that heat for new supermarkets is entirely reclaimed from refrigeration .elements,
and that no other heat is needed. He also noted, however, that air conditioning
requires use of additional energy in the summer. Ms. Benson asked whether Tops had
done any marketing studies considering that there are already five markets in this
area. Mr. Tanner replied that they had, and that they have based their move on a
marketability study. Ms. Benson asked whether, in their consideration of drainage
problems, they had thought about using aggregate for black top which would be more
permeable than that usually used. Mr. Tanner said they felt any surface which would
absorb water would cause more problems. Mr.. Phil King of Erdman and Anthony Engineers
noted that asphalt is a semipermeable material, and that making the covering more
permeable would result in problems during freeze-thaw cycles, when more permeable
materials might break up. He also felt that asphalt would eliminate overland runoff
problems.
At this point Mr. Moran MOVED to go back into formal session. Ms. Crowley seconded.
CARRIED.
Mr. Moran then MOVED to give Conditional Final Approval to the first phase of the
UFAIR subdivision proposal conditional upon approval by the Planning, and Development
Department and Engineering Division. Mr. Hildreth seconded. CARRIED unanimously.
3. Mr. Moran MOVED to approve the minutes of the 27 February 1978 meeting.
Mr. Hildreth seconded. CARRIED.
4. Special order of business: none.
5. Chairperson-'s report: none.
6. Communications: Ms. Benson read the following letter from the Mayor:
20 March 1978
Ms. LeCrace Benson
314 East Buffalo Street
Ithaca, New York
Dear Ms. Benson:
I am writing to invite you to attend a presentation:entitled:
North Aurora: Its Past and Future, at 7:30 PM, Wednesday, March 29,
at 112 North Aurora Street (most recently latDeja Vu) . This will be
an informal presentation covering the history and revitalization
potential of the 100 block of North Aurora Street. The following
speakers are expected:
Carol Sisler of Historic Ithaca will give a historic overview of
the area.
William Downing will present a study of the-feasibility of
rehabilitating and converting the Leonardo Hotel and Wanzer block.
P & D Minutes* 27 March 1978 Page 6
Linda Tasker; of the Department of Planning and Development, will
display drawings of facade improvement suggestions, The pre-
liminary designs for the Peripheral Streets Capital Improvement
Project (Phase II) , which involves a new streetscape for North
Aurora Street, will be unveiled..
Paul Rubin, of Rainbow Painting and Masonry Restoration, will be
available to give merchants and store owners an idea of what
facade improvements might cost.
I hope you will join us for this presentation. The City is anxious to
encourage the continued revitalization of downtown Ithaca, but
we must have your participation and support to insure that both
the public and private sectors are working toward common goals.
Sincerely,
/s/
Edward J. Conley
Mayor
Mr. Moran agreed to attend for the Board.
Ms. Benson also noted that an inquiry from Ms. Carol A. Beckley concerning snow
removal on streets not owned by the City had been forwarded to the Superintendent
of Public Works.
Ms. Benson said she had received the following letter from Ms. Anne Jones:
March 23, 1978
Dear Legrace:
Many thanks for sending me the Project and Policy Report of the
Planning and Development Department. It was with dismay that I found
on page 7, under "Health Care", the statement that a family medicine
major satelite was being established which would provide low cost health
care. As you know, the fees for service are comparable to those in the
private sector. The Program is not providing "low cost" care by any
stretch of the imagination. The Program provides an alternative kind
of care with increased accessibility for a wide variety of people in a
rural-urban setting. I am concerned because I feel the statement is
very misleading-1 perhaps may even be detrimental to this service yet
to be initiated along with considerable expense on the part of the
city taxpayer.
The hospital's opening of its service will be mid May
separate from the city's suggested involvement with the Celebration
bit - feel this is best since Celebration people have made it painfully
clear that they do not wish to be mixed up with us.
Cordially,
/s/ Anne
Ms. Benson also noted a communication from Barbara Caldwell of the Ithaca Board of
Realtors thanking the Planning and Development Board for sending the Policy and
Project Report.
7. Committee reports: None.
P & D Minutes 27 March 1978 • Page 7
8. zoning cases:
a. Appeal 1196: Request for use variance for premises at
227 Linden Avenue, in an R3b zone, to be used for theatre
storage.
Mr. Van Cort noted that the appellants wished to store theatre
materials for the Cornell University Theatre Department. A
representative for the appellant stated that there would be limited
traffic,. and that no parking would be required for this tenant.
He also noted that since the building is constructed of concrete,
there is very little danger of fire from combustible materials stored.
Ms. Crowley MOVED that the Board recommend approval to the Board.
of Zoning Appeals. Mr. Moran seconded. CARRIED unanimously.
b. Appeal 1197: Request for area variance for property at 526 West
State St., in a B2 district, to permit expansion of restaurant into
required sideyard set-back area
Staff noted that in principle this should be denied and that there
was no apparent absolute need for the additional space. However,
they added, this would not materially worsen an already bad situa-
tion. Staff recommended approval conditional upon the concurrence
of the fire chief that such an expansion would not increase fire
hazard.
Mr. Hildreth MOVED to recommend approval with the stipulation that
the addition be approved by the fire chief. Ms. Crowley seconded.
CARRIED.
c. Appeal 1198: Request for area variance for property at 411-15
College Avenue, in a B2 zone, to permit replacement of nonconforming
porch and fire egress with fire-resistive construction containing
four additional bedrooms and fire egress, and to add a four-bedroom
apartment in the attic. Property is nonconforming in several respects,
including complete lack of on-site parking.
Staff reported that the property, in addition to not having any on-
site parking, had excessive coverage on side yards. There are
presently 24 tenants in the building, and there was some question as
to whether city parking lot satisfies parking requirements for the
building. Staff was concerned that approval might exacerbate the
parking problem in that area. The Building Commissioner reported
that for residential uses, metered parking does not meet off-street
parking requirements. Mr. Van Cort said, however, that he had
mixed feelings about increasing density here, and added that he had
been called by Mr. R. Johnson, owner of Triangle Books, who said he,
as a neighbor, favored granting the appeal. The attorney for the
appeTLant stated that people who choose to live close to campus
generally do so because they do not have cars. She noted that of
the present tenants, only one owns a car. She said that the appellants
are proposing improvement to the property which, because of grand-
fathering, is not required, but would increase safety. The improve-
ments would result in four additional bedrooms in back of the building
and "an additional four-bedroom apartment.
P & D Minutes 27 March 1978 Page 8
The area is zoned B2, but few buildings on this block conform to
the parking and area regulations of a B2 district, The attorney,
said the block more closely resembled a B3 district. The president
of the appellant's-corporation noted that thiss block is almost ex_,
clusi'vely commercial and is quite different in character from Col-
legetown as a whole, A member of the board of directors said that
most of the buildings on the block pre-date the zoning ordinance,
and that there is considerable nonconformity which has been grand-
fathered in, Re noted that there was no land available to meet
conformance requirements He noted that the Planning and Develop-
zaent Committee of Council is considering public improvements in
Collegetown and that the City is interested in encouraging private
capital investments in the neighborhood. They have also expressed
an interest in intensifying residential use in this neighborhood.
An owner-manager of several nearby buildings said he was currently
managing parking areas close to the building in question, and that
it is difficult for him to fill hisparking lots now. He said
there was not much demand for long-term or permanent parking in
the Collegetown area, and that he supported approval of the appeal.
Another local businessman and-property'-owner recommended approval.
A representative of the Lutheran Church, a neighbor of the property
in question, said that anything that could be done to improve the
appearance of the back of the building, which faces the church,
would be welcome. Mr. Moran MOVED to recommend approval.
Ms Crowley seconded.
In the discussion which followed, appellants noted that the addition-
al bedrooms would be approximately 11' x 20' and would be occupied
by one person each. it was noted that this stipulation is written
into appellants' leases. Ms. Benson reminded Board members that
any decision on density in Collegetown must be considered within
the context of density for the rest of the City. She noted that
the building's specific location adjacent to the university campus
should also be taken into account. She said the City's intention
is to increase density in Collegetown, rather than disperse it to
more residential areas. She felt, however, that this should not
be seen as a precedent for other moves to increase density.
Motion CARRIED unanimously.
9. Old business:
a. Park development. Staff reported that application would be made to
the Heritage Conservation and Recreation Service for the development of Wood Street
and Columbia Street Parks, as neighborhood parks, and certain improvement at Cass
Park. Wood Street park is four acres, undeveloped except for four backstops. The
area has no playgrounds and is in the CD target area. It is possible to move part
of the Celebration structure to Wood Street, and then add to the structure. Sug-
gestions are also being made to add a basketball court which could be flooded. in
winter for skating. Plans for South Hill Park, which consists of two parcels of
land (the terrace adjacent to old South Hill School and the Gardner property
across the street) are to install a ballfield and tot lot. Proposed construction~
for both Wood Street and South Hill parks is 1979.
Cass Park has been a capital project for several years, but is presently un-
financed. The lobby must be enlarged and the project also calls for lighting four'
ballfields, as well as providing football, soccer or lacrosse fields. Ms. Benson
P & D Minutes 27 March 1978 ! Page 9
Ms. Benson read the.folloving resolution to be referred to Council;
WHEREAS, the City of Ithaca desires to apple for financial assistance under the
Outdoor Recreation Bond Act (Chapter 558, 559, Laws of the State of
New York, 1965) and under the Land and Water Conservation Fund Act of
1965 (78 Stat. 897-1964) for the Columbia Street and Wood Street Park
improvement project, which will provide play facilities for the lower
South Hill ar&Titus Flats neighborhoods; and for improvements at Cass
Park including expansion of the lobby and admission area and lighting of
four ball fields; and
WHEREAS, such projects would enhance the neighborhood and regional recreational
facilities of the City of Ithaca and would contribute to implementation
of the Open Space and Recreation Plan;
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Development Board recommend
that>the Common Council be authorized to execute and submit application
for financial assistance under the aforementioned legislative authorities
for the cost of development of the Columbia Street and Wood Street Park
improvement project and of the Cass Park improvement project®
Mr. Moran so MOVED. Mr. Hildreth seconded. Ms. Townsend of the Planning staff
explained that this would be 50% federal-:assistance, and that Wood Street park
could.;use CD, funds as its local share. Columbia Street might also fall into this
category, Cass: park would require 50% local payment. Ms. Benson suggested
trying to get neighboring municipalities to pay toward improvements to Cass Park,
since they use its facilities. Ms. Townsend replied that this might be difficult
to do and that the Town of Ithaca is submitting an application for Coy Glen as
a town park. Ms. Benson noted that Cass Park is a regional park and that it is
not fair to expect the City to pick up all the costs. Mr. Rowe of the Planning
Department suggested that Cass Park be used to bring regional and national sports
tournaments:: to the area resulting in::-.tourism benefits to the City. Mr. Van Cort
said he would not base submitting the application on the county or town's willing-
ness to participate.
Ms. Benson noted that the County has been meeting to produce, by-laws to expedite
intermunicipal cooperation. Mr. Hildreth asked whether lighting for tennis courts
could also be included in the grant application. CARRIED unanimously.
b. College report. Ms. Townsend reported on recent discussions of
Collegetown improvement. She explained possible solutions to parking problems,
and stated that Collegetown merchants would like to have the City put some energy
and funding into Collegetown improvements.
On a motion, meeting adjourned at 10:30.