HomeMy WebLinkAboutMN-PDB-1982-01-26 A
MINUTES
DEVELOPMENT BOARD MEETING
1982
PRESENT: Chair P. Rogers, S. Cummings, R. Moran, M. Sampson, R. Holdsworth
ALSO: Appellant, appellant's representative, other interested parties,
Mayor Shaw, J. Pierce, H. M. Van Cort, press.
1 . P. Rogers called the meeting to order at 7:40 p.m. and welcome to the Board
for the first meeting of 1982. R. Holdsworth and P. Rogers are new members
of the Board this. year.
2. Election of Vice Chairman:
M. Sampson nominated S. Cummings for ViceiChairman, seconded by R. Moran
PASSED unanimously.
3. Chairman's Comments:
P. Rogers commented S. Cummings has been on the Board for many years. He
would like to discuss the various committees and would contact each Board
member within next few days to plan alignment of committees and strategy
for this year. Pleased to be on Board; one of the more influential in City
government. Plans to be very active and will;.'endeavor to do a good job.
Meeting passed to Director, H. M. Van Cort.
!CL-[rector's Comments:
No comments at this time. Will make introductory remarks before Zoning
Appeals are heard to explain function in zoning appeals of this Board and
BZA.
5. Approval of December 1981 Minutes:
Correction should be made to item #3 (Chairperson's Report) . Mr. Sampson's
name should be deleted and Mr. Schlather's name inserted in its place.
Second sentence should read, "She noted that Mr. Schlather was contacting
representatives of the County Bar Association to discuss areas of concern. "
MOTION by R. Moran to accept December Minutes as corrected. Seconded by
M. Sampson. PASSED unanimously.
6. -- Committee Reports:
Committees did not meet due to restructuring instead memos have been prepared
which will be taken up under Old Business.
a. Discussion followed regarding Boardman House County requested rezoning
Boardman House and several other nearby, County-owned properties. Staff
recommends Common Council rezone Boardman House and Building C to a B-lb zone
which does not require any parking. Boardman House now is less marketable
because there is no parking with the building and because office use is not
�- permitted in P-1 zone. If rezoned to B-1b those problems are resolved. Also
recommendingthat remaining County properties in that area be left in the P zone,
but that the P zone be changed to allow some government office uses. Separate
change in ordinance would be required but no change in the map. Board is re-
quired to make a recommendation to Common Council with respect to this change
in zoning ordinance.
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S. Cummings asked how does this affect other P-_1 areas? Answer, it would
affect all P-1 areas. Therefore, all would be zoned for government offices.
-Holdsworth asked what is legal procedure and time table. Common Council
- 7--January meeting called for public hearing to be held in February (required
part of process) and also referred topic to one of it's committees. The com-
mittee asked for more time and so public hearing now will be held in March.
/ Comments made regarding Ithaca Landmarks Commission; Commission may make
recommendations, but it is not believed they have power to recommend change in
rezoning. (Refer to memo of 1/21/82) Draft resolution distributed to Board.
Discussion followed with respect to rezoning to a depth of 125 ft. and how far
back that would extend, H P1 W_;Van Cort will follow up on defining that footage
and appropriate depth. Further discussion was had on P-1 zone`for governmental
use. S. Cummings moved, seconded by M. Sampson:
RESOLUTION - Rezoning of County Property
WHEREAS Tompkins County has decided to sell Boardman House, a locally and
nationally-listed landmark structure, and
WHEREAS the County feels that the restrictions on permitted use under the
current P-1 zoning of Boardman represent a substantial barrier to sale
which will severely limit private sector interest in purchase and
sensitive rehabilitation for adaptive re-use, ultimately working against
longstanding efforts to save the building from destruction, and
WHEREAS the County has accordingly determined that a zoning classification
of B-lb for Boardman would permit uses which would be compatible with
the character of the building and its surroundings, making Boardman
attractive to buyers interested in quality historic rehabilitation, and
-T 4HEREAS the County has requested that Boardman and all other contiguous County
property be rezoned to B-lb, giving it the status of conforming permitted
use, and
WHEREAS the City of Ithaca Board of Planning and Development, and the Ithaca
Landmarks Preservation Commission, have independently considered the
request and have concluded that justifications exist for rezoning Board-
man and the adjacent County Office Building C to B-lb, but that continu-
ation of legal nonconforming status for the remaining County property will
permit County government to function as necessary, .be it
RESOLVED that this Board recommends rezoning that portion of the County property
fronting on East Buffalo Street, to a depth of approximately 125 feet, on
which are located Boardman House and County Office Building C, from P-1
to B-lb, and be it
FURTHER RESOLVED that this Board recommends that consideration be given to
amending the Zoning Ordinance to permit certain governmental uses in P-1
zones.
CARRIED unanimously.
b. Use of Vacated Schools - Special Permits
Joey Pierce spoke regarding use of vacated schools which would require an
amendment to the zoning ordinance.. Special permit process seemed most
appropriate. (See memo of 1/20/82) City attorney reviewed topic and reported
it is perhaps an inappropriate and illegal use of a special permit. Case law
indicated that special permit is to control specific uses within a specific=`zone.
01. Other alternatives were reviewed by Planning Department and special permit
seemed best alternative. However, City attorney believes if case went to liti-
gation it may not be upheld Discussion followed regarding possible case law
from other states since this is a nationwide problem. Legal services in Albany
suggested setting up a special permit process for P-1 zones but it would apply
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j all P-1 properties. Must be uniform within entire zone,. We should try
come up with a category of uses that would be appropriate to allow by special
,n`d try to ,assess what the impact on other P-1 properties would be.
+- � r, _.-thanked J. Pierce for work accomplished and requested he continue
irking on the matter. J.. Pierce said further memos would be forthcomi.ng.
�ajority
Sampson referring to memo of 1/20/82 stated that written response from
of tenants would be almost impossible and suggested it be changed
,to written response from majority of property owners. Notification to tenants
jbut no requirement that there. be response from them.
Old Business:
a. Boardman _lrezoning discussed under 6. - Committee Reports
Ib. Special . Permits discussed under 6. - Committee Reports
c. Zoning Studies: Survey Report regarding Zoning Appeals Process was dis-
tributed. Student who compiled report will be here for February meeting.
Please read over report before next meeting when discussion will be held.
Northside Zoning: Analysis of occupancy changes in Northside is in
progress. Report should be ready in February or March.
d. Rt. 96: Mayor Shaw, Phil Cox, Andy Yale, Thys Van Cort, Frank Liguori , and
PetLovey who are on the Rt. 96 design committee attended-a meeting in
Syracuse DOT to discuss new route and how to expedite the matter. DOT is re-
questing again that we list our concerns. They will send the Mayor a decision
schedule. Project should move along in the next year and we will be talking
-Ai��them frequently.
8. Zoning Appeals
See attached.
I9. New Business:
a. Tioga Street Bridge: Report by Herman Sieverding regarding traffic and
safety issues in Fall Creek was distributed. Alternatives were outlined.
Design and construction on one of the alternatives needs to begin as soon
as possible in order to prepare for next winter. Random sample of neighbor-
hood was conducted and overwhelming response was for replacement of the
vehicular bridge raising it to a higher level which would alleviate the flood
problem to some extent. Study also revealed dangerous intersections at two
or three locations which should be investigated. Discussion followed con-
cerning aesthetics of bridge and S. Cummings would like to see amendment to
the extent that efforts be made to duplicate the character of the original
bridge so that it is in keeping with the environment of the neighborhood.
MOTION: S. Cummings moved to recommend the constructiono f a new brid ge' to
safeguard against future damage requesting specifically retention of the
character of the existing bridge so that it is in keepingwiththe neighboring
bridges and with the architecture in the neighborhood. S. Cummings suggested
that the Design Review Board be consulted. Seconded by R. Moran. Unanimously
approved.
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b. Fall Creek Hydropower project: Memorandum by Joey Pierce was discussed
re-a.-rding history and current developments in Hydropower project for Fall
eek. It will be the first of many memos dealing witn concerns, technical
Opects, costs, etc. should the City care to get involved. Some discussion
followed regarding the environmental impact which will be a major concern,
licensing procedures, City's wishes relating to their involvement, etc. City
could use power for their own use or could sell power which would probably
be more advantageous. Noise pollution was mentioned as well as operational
cost per year which would amount to less than $20,000 per year. Questions
regarding this project should be directed to Joey Pierce for researching and
response.
Adjournment: 10 p.m.