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HomeMy WebLinkAboutMN-PDB-1988-02-23 Planning and Development Board Minutes — February 23, 1988 Present: Chair Blumenthal, S. Jackson, M. Sampson, J. Daley, T. Cookingham, S. Killeen. Director H. M. Van Cort, Planner J. Meigs . Press, appellants, other interested parties. 1. The meeting was called to order at 7 : 35 p.m. 2 . Privilege of the Floor: no requests . 3. Zoning Appeals : Mr. Cookingham, Chair of the Codes and Administration Committee, reported that the Committee reviewed this month's zoning appeals . Regarding appeals 1815, 1821, 1822, 1823, and 1825, the Committee recommends passage to the Board of Zoning Appeals without comment or recommendation. The Committee wished to comment regarding Appeal #1824, 326 N. Geneva St. - request for a use and area variance for deficient off-street parking and lot area, excessive lot coverage by buildings, and deficient set backs for two front yards and the rear yard to permit the use of the building for professional offices . The Committee would like to suggest that the BZA consider whether rezoning the property, rather than issuance of a use variance, would be a more appropriate course since the proposed use is so different from those permitted as-of-right in this zone. Regarding Appeal #1820, the Committee further requested deferral of this request for an accessory apartment at 1001 Giles Street. The information supplied was insufficient; it was not shown that the apartment met the regulations as specified in the Ordinance. Other concerns noted: the house is not owner-occupied at this time and no information was received showing the location of the proposed apartment. The Committee asks for deferral until complete information on which to base a recommendation is received. J. Daley, seconded by M. Sampson, moved to accept the Committee's recommendation. Vote: 6-0-0. Motion carried. Planning & Development Board . Minutes - 2/23/88 (continued) : -2- 4. Preliminary Subdivision - 306 Elm St. /Clynes. The subject subdivision had been deferred from the January meeting to allow Mr. Clynes to address the Board. Mr. Clynes stated that he is attempting to sell approximately 3.5 acres, fronting on Haller Blvd. as a single parcel. The sale is contingent on approval of the subdivision request. Mr. Cookingham stated that two actions are required by the Board: approval. of the findings . of the environmental assessment form prepared by staff and approval of the preliminary plat as submitted by the applicant. The Board discussed briefly the various options for building on ,the 3.5 acre lot. Mr. Van Cort commented that no further subdivision could occur (and thus no further development) without another specific action by the Planning Board. Betsy Darlington, Chair of the Conservation Advisory Council, was present. She asked if the neighborhood residents had been notified. Ms. Blumenthal explained the new rules regarding subdivision review which were passed by Council in February (notification of residents, posting on the property, legal notice) . Mr. Clynes also pointed out that "for sale" signs had been posted on the parcel for sometime; this would have somewhat the same effect. It wasnoted however that none of the subdivisions before the Board on this date are affected by the new regulations . Mrs. Darlington also asked if the new buyer would need permission to remove trees and foliage from the property. Director Van Cort stated that there is nothing in the City regulations prohibiting tree removal as long as no building permit is involved. T. Cookingham moved, seconded by J. Daley, to adopt the determination of No Significant Effect on the Environment resolution as prepared by staff. Director Van Cort noted for the record that under State Environmental Law the Planning Board must be the Lead Agency in subdivisions . Mr. Daley suggested that it would be desirable to receive a formal recommendation from the CAC on this and all other matters before the Board involving environmental review since they review all environmental assessments. Since this would in effect be a new policy affecting a .range of actions, not subdivisions alone, it was decided that it should be taken up as such later in the agenda. Vote on Cookingham's motion: 6-0-0. Carried. Planning & Development Board Minutes - 2/23/88 (continued) : -3-. J. Daley then moved to grant Preliminary Subdivision Approval for the proposal by Mr. Clynes . Seconded by T. Cookingham. Vote: 6-0-0. Motion carried. 5. Preliminary Subdivision: Continental Journey's End Corp. ./356 Elmira Rd. Bruce E. Appel, Landscape Architect, appeared before the Board to answer questions regarding the subdivision. Also present were Amanda Crowley, Esq. , representing Mr. Manos and Dirk Galbraith, Esq. , representing Mr. and, Mrs. Zikakis. Mr. Galbraith was present to clarify transactions regarding the prior subdivision of this area. Mr. Appel stated that the Board at their last meeting requested additional information regarding three items : ( 1) transfer of property from Zikakis to Manos; (2 ) acquisition of a 15 ' strip from Sunoco property; (3) additional EAF issues. Mr. Appel stated information has been submitted as fully as possible; he is seeking final approval at tonight's meeting. Mr. Meigs informed Mr. Appel that final approval could not be given this evening because formal written application had not been received and the public hearing was not advertised. Mr. Appel expressed dismay stating that as far as he was aware his firm had supplied the final information/documentation that was requested. Mr. Meigs said he received information addressing the environmental questions . However, information received concerning the property transfers still left question as to how the transfer resulted in a different property configuration from the Zikakis subdivision approved by the Board in 1986 . He stated that he had tried unsuccessfully to verify the property information; and that it would be in the interests of Zikakis, and others involved in transfers of portions of this property to insure that the original subdivision had been properly filed. The question of drainage was addressed; Mr. Meigs said this topic was discussed with the City Engineer and it is his belief, that if properly dealt with, the subdivision would not cause further drainage problems . Regarding the 15 ' strip from Sunoco, it was determined that this would not cause non-conformity to the remaining Sunoco acreage. The issue remaining is the configuration of the Zikakis subdivision. Amanda Crowley, Esq. addressed the Board. She represented Mr. Manos when he conveyed the parcel to. Continental Journey's End and she is familiar with the transaction. She, too, believed final approval would be granted this Planning & Development Board Minutes - 2/23/88 (continued) : -4- evening; she was under the impression that all of the Board's concerns as specified at the last meeting were addressed. She presented a survey map prepared by John McNeill in July 1987 upon which the transfer was based. Apparently, the approved map was not recorded after the Zikakis subdivision, and was subsequently revised to show the shape of the parcel sold by Zikakis to Manos. Dirk Galbraith, Esq. , representing Mr. and Mr. Zikakis, explained that in April 1986 when the Zikakis' first application to subdivide was made the Zikakis ' intended to purchase a 7 acre parcel from the Commercial Av. property of the Marion estate, and then convey a . 892 acre portion of it to Mr. Manos . He asserted that the problem developed when, as a condition of the final subdivision approval, a drainage ditch was realined; as a result, the boundary of the parcel Mr. Manos would later acquire changed slightly. The boundary change subsequently was overlooked; had it been discovered at that time, Mr. Galbraith would have returned to the Board to ask for a modification of the subdivision request. He believes this describes the discrepancy. (Ms. Crowley interjected that the acreage of this parcel, as now being discussed, is actually .919 acres . ) David Nummer, Journey' s End representative, asked that the company be allowed to proceed with construction to meet an opening date of July 1 . , Mr. Meigs stated that although documentation was received by the cut-off date, the information submitted left items unanswered and further details were needed. Therefore, final approval could not be considered at this meeting. Mr. Cookingham stated he saw no major problems in the environmental assessment and that the property line adjustment has been satisfactorily explained. After further discussion it was decided to submit the final documentation to all Board members so that they may make a determination; review and approval by the City Engineer should be completed because this area does involve a sub- surface drainage way. Betsy Darlington raised questions regarding the EAF, vegetation, drainage, traffic, parking spaces, and access . Ms . Darlington felt the EAF was unsatisfactorily answered and should be redone. Concluding the discussion,Chair Blumenthal stated that she would send a memorandum to the Building Commissioner giving the status of the subdivision request to date and will advertise the Final Subdivision Approval for the next Planning & Development Board Minutes - 2/23/88 (continued) : -5- Board meeting of March 10, , 1988. She .requested Mr. Appel to attend the March 10 meeting and to contact Mr. Meigs in the interim should further information need to be exchanged. 6.. Preliminary Subdivision: Hector St. & Campbell Av./Garcia. Thomas G. Miller, Consulting Engineer, represented Mr. Garcia. He stated that Mr. Garcia is seeking preliminary plat approval to subdivide the parcel into 14 building lots all of which conform to the zoning requirements. Director Van Cort stated that the environmentalassessment form was completed using the state form, not the city's . This presents a substantive problem because our form asks some questions not included on the state version. In view of the fact that this is a large subdivision for Ithaca, the Board needs to make an informed decision as to whether this should proceed to a Draft Environmental Impact Statement or whether at the completion of the EAF a negative declaration would result. Discussion followed regarding the grade of the cul de sac included in the proposal. Mr. Miller stated that by altering the cul de sac they would be unable to meet the curvature requirements of the subdivision regulations. There is a problem regarding the title to the adjoining property; (formerly Hector St. r.o.w. ) ownership is unclear and he believes Mr. Garcia has no rights in that area. Mr. Miller participated in the nearby McLean subdivision, however, wherein it was determined that title extended to the center of the former street. Ms . Darlington stated that the CAC . received a copy of the environmental assessment form and she felt questions were improperly answered; she recommended reworking the entire form. She stated that this site is one of the richest and most diverse habitats in the city; animal and bird life abound; some trees on this parcel are in excess of 50 years of age. She believes this .proposal most assuredly will require an Environmental Impact Statement. Frank Mazurek, 405 Campbell Av. , expressed his concern for the ecology of the area, increased traffic, and the problem of drainage which a project of this size might exacerbate. He opposes the subdivision request. S. Killeen staged he would like to see the city environmental assessment form completed and reviewed by the CAC and research undertaken regarding water/drainage in connection with the proposed road system. Planning & Development Board Minutes - 2/23/88 (continued) : -6- Motion was made by S. Killeen, seconded by J. Daley, to defer preliminary approval pending receipt of the EAF (city form) as above discussed. Vote: 6-0-0 . Carried. (Letter of explanation to be sent to the applicant outlining the Board's concerns. ) 7 . Rezoning "Watt" Lot: The Board is required to make. a recommendation regarding rezoning the Watt lot prior to the public hearing scheduled for the March Common Council meeting. There was a brief discussion of the history of this request; in December 1987 the Board voted 4-2 in favor of rezoning the Northside area to R-2b excluding the Watt lot. Mr. Jackson said that the negative votes at that time were in the hope that there would be an R-2c classification that would be appropriate to the lot. The status of the R- 2c zoning designation was requested. Mr. Van Cort informed the Board that the description has been written and it is proceeding through the legislative process . He stated that as an alternative it is possible that the Watt lot could be rezoned to something like R-2c with a land use contract agreement (a similar mechanism was used for the Ramada tower) . The Codes and Administration Committee recommends to the Planning Board rezoning of the Watt lot from B-2a to R-2b. Motion was made by S. Jackson, Iseconded by S. Killeen, to approve the Committee recommendation. Vote: 4-yes, 2-no (Daley, Cookingham) . Carried. 8 . Committee Report: Codes and Administration. Mr. Cookingham reported that the Committee is continuing discussion of improvements to the subdivision procedures and is working with staff toward this end. Ms . Blumenthal asked for a vote regarding mandatory attendance by applicants at meetings where their subdivision request is scheduled for discussion. The Board directed inclusion of the following in the applicants' instructions : the P&D Board requires the presence of the applicant(s) or his/ her representative at the initial meeting where preliminary subdivision approval is discussed; additionally, applicant's presence may be required for the public hearing where final subdivision is discussed. (Final approval attendance may be waived at the discretion of the Board if conditions warrant. ) T. Cookingham moved, seconded by S. Jackson, to adopt as policy the attendance requirement as stated. Vote: 6-0- 0. Carried. Planning & Development Board Minutes - 2/23/88 (continued) : -7- 9 . Committee Report: Housing, Neighborhoods, and Facilities. The Committee discussed the proposed Housing Commission. Two possible configurations are being considered; one model would be broadly constituted and would address the full package of actions presented to Council from the strategic housing plan plus other responsibilities relating to housing in the city. A second model would be a rental housing commission . dealing with rental stabilization. The Committee also discussed with Leslie Chatterton the position of Historic Preservation/Neighborhood Planner. 10. Director's Report: H. M. Van Cort reported on a series of neighborhood meetings he has been conducting. The meetings are going , very well with intense discussions regarding growth management, traffic, parking, problems with Cornell, etc. The Board requested a summary of the neighborhood discussions. Mr. Van Cort gave a brief report on the alienation process. The city proposes to take certain areas designated as parkland, remove the park designation, and substitute other parcels for that land which would then be designated 'park' . The EAF for this project is being completed at this time. Mr. Van Cort commented on a memo from Betsy Darlington regarding her concerns about the EAF process. S. Killeen recommended that a committee review the Darlington memo. S. Jackson stated that the Economic Development and Transportation Committee will review the alienation process and report to the Board. 11. Chairman's Report: (a) S. Blumenthal mentioned the rescheduled meeting with Cornell for March 10, 1988. and requested Board attendance. She will invite the Mayor to attend as well . Public hearings for the Clynes and Continental Journey' s End Motel subdivisions will also be held at this meeting. (b) Ms. Blumenthal informed the Board that Cornell will present a model of the Theory Center in early March; the Board opted to attend Cornell 's public presentation rather than request Cornell to make a special presentation to them. (c) Liaison requests have been received from BZA Chair Michael Tomlan and from CAC Chair Betsy Darlington. Discussion followed regarding the BZA liaison - such role could be filled by one individual or it could be rotated among Board representatives so as not to cause an excessive burden on one. The liaison need only attend those meetings when the Board's view/reasoning on a particular appeal Planning & Development Board Minutes - 2/23/88 (continued) : -8- should be expressed to the BZA. Mr. Daley agreed to attend the March 7 BZA meeting as liaison. in addition, as a reciprocal measure, Chair Blumenthal is to request a BZA liaison to attend the Planning Board meetings . For the time being, J. Daley will also act as CAC liaison (either directly or indirectly) . (d) Site Plan Review: A second draft is in progress and will be completed shortly. The second draft incorporates suggestions from the Planning staff and the Building Department. A discussion by the Board is anticipated for the March meeting. (e) CAC Recommendations : J. Daley would like to receive formal recommendations from the CAC regarding environmental assessments. This would allow the conservationists ' point of view to be taken into account during Board deliberations . Timing is critical and the mechanism to accomplish this review needs work and research. Codes and Administration Committee will pursue this topic. 12 . BPW/Daley: Mr. Daley mentioned that every license now issued by the Board of Public Works has to have an environmental assessment; this consumes a great. deal of BPW time. 13. P&D Committee/S. Killeen: Mr. Killeen reported that the Planning and Development Committee is meeting twice a month (2nd and 4th Wednesdays) . He reviewed the Agenda for the Feb. 24 meeting and commented briefly on each topic. 14. Approval of Minutes: Motion was made, seconded, and carried to approve the December 1987 minutes as amended (Memo of S. Blumenthal to Board dated 2/18/88) , and the January 1988 minutes. 15. Board Goals: Ms. Blumenthal asked the Board to contemplate what the Board's focus should be for the remainder of the year. Suggestions included: housing sites as identified in the strategic plan; neighborhood issues (internal concerns as well as broader issues) ; change in zoning regulations from number of units to number of bedrooms; dispersing future development throughout the city making a more equitable distribution in each neighborhood; further definition of housing needs . Discussion of goals to continue. 16 . Meeting adjourned - 10 : 50 p.m. /mc CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 DEPARTMENT OF - TELEPHONE:272-1713 PLANNING&DEVELOPMENT CODE 607 H.MATTHYS VAN CORT.DIRECTOR TO: Board of Zoning Appeals FROM: Board of Planning and Development" RE: Zoning Appeals 1820 -25 DATE: February 24, 1988 This Board's Codes committee met February 17 to review referenced appeals on the March BZA agenda, and took action or commented as reported below. At its February 23 meeting, this report - was endorsed by the Board. Appeal 1820, for a Special Permit for an accessoryapartment at 1001 Giles Street, lacked the information called for under. § 30.278, preventing the committee from making any determination. The committee recommends that the Board request deferral of Appeal 1820 until the required information is made available for consideration. The committee determined that Appeals 1821 , 1822, 1823 and 1825 do not involve matters of citywide or long range planning, and passes them to the Board of Zoning Appeals for action, without comment. , While Appeal 1824 would not necessarily have substantial impacts, it is another instance in which appropriateness of the proposed nonconforming use is at such variance with uses permitted that granting the appeal as requested could have the effect of changing the zoning for this one property. The appeal is for a business office (not 'Professional offices' as stated in. the legal ad); wF ERout more specificity as to type of- business, portion of the premises involved, etc. , something very different from a quiet, '.one man' activity could become the major tenant of the premises. JM:eh xc:T. Cookingham J. Daley 0-hd-BZA1820-25.JM be-T. Hoard "An Equal Op",In ity Employe.,,.im an Affirmative Action Program"