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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.