HomeMy WebLinkAboutMN-PDB-1991-07-30 P
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Planning and Development Board
MINUTES
July 30, 1991
PRESENT: S. Blumenthal (Chair) , S. Adams, T. Cookingham,
C. Feuer, J. Schroeder, A. Yale. Staff: Director H.
M. Van Cort, H. Sieverding, L. Tsang. Also,
applicants, members of the public, and others.
1. Meeting was called to order at 7:30. The Board agreed to
adjust the agenda to accommodate those who had come to
discuss particular items.
2. Privilege of the Floor: No one appeared.
3. Public Hearing and Final Subdivision Approval/129 South Hill
Terrace/Watkins. A public hearing was opened by Blumenthal.
No member of the public appeared to speak, and the hearing
was closed. Sieverding explained the facts of the
subdivision request. Yale, seconded by Cookingham moved for
final subdivision approval, and the motion was carried
unanimously.
4. Preliminary Subdivision
A. 227 Wood Street/Hoyt
Sieverding explained the request for subdivision and
presented the findings of the environmental review. After a
brief discussion Schroeder, seconded by Cookingham, moved
for a Negative Declaration of Environmental Significance.
Passed unanimously.
Yale moved, and Schroeder seconded, that the request for
subdivision be given preliminary approval. The motion was
carried unanimously. The applicants were informed that they
would be required to appear at next month' s Board meeting
for a public hearing.
H. Pogo Parcel/Hancock Street/Mutual Housing Association
Sieverding explained that this was a request for subdivision
approval within the terms of the cluster subdivision
provisions of the City Charter. It was also necessary to
act on the environmental review.
Bob Balder of MHA explained the request fora two-part
subdivision approval for a total of 28 units in 14
structures. There will be a high degree of handicapped
accessibility in the development, and a common open space
will be set aside in the middle of the block. A new public
street will be built, the cost of which is to be divided
among Mutual Housing Association of Tompkins County, the
Sciencenter, possibly the Senior Citizens Center or the
developer of the last remaining parcel in the Northside
Triangle. A 50 ' right-of-way for the street is proposed.
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Minutes of July 30, 1991
A variance was necessary in order to have 5 ' front yards
instead of 10 ' . Balder explained that the property was to
be purchased in two closings, the first of which to occur in
the near future and the second of which to happen only after
construction of the first phase units. This phased purchase
necessitated a second variance because the City' s provisions
for cluster subdivision require a 20 ' buffer between the
cluster development and its neighbor. The neighbor in this
case is to be the second phase of Mutual Housing development
which creates a technical nonconformity.
The Codes Committee has reviewed this request and
recommended approval. Blumenthal noted that the Council has
recently passed an amendment to the Zoning Ordinance which
allows consideration of the provision of affordable housing
as well as the "fit with the neighborhood" as criteria in
considering variances. It was noted that this proposal
meets those criteria.
It was noted that the CAC commented on the location of this
project in the 100-year floodplain. The CAC was concerned
about flooding both on and off site. These issues need to
be addressed as the project proceeds. Cookingham moved,
seconded by Blumenthal, a Negative Declaration of
Environmental Significance as follows:
WHEREAS, the Mutual Housing Association of Tompkins County
proposes to subdivide a parcel of land known as the "Pogo
Parcel" into 14 building lots and to develop 14 duplex
residential structures thereon, and
WHEREAS, it appears that the action is an Unlisted action
under SEQR, and
WHEREAS, appropriate environmental impact review, i.e. ,
Short and Long EAFs dated July 1, 1991, has been conducted,
resulting in a determination that the project will not
result in major impacts, and therefore, is one that will not
cause significant damage to the environment, and
WHEREAS, the Board of Planning and Development is the
designated Lead Agency for subdivision review and approval
for the City of Ithaca, including environmental review as
determined necessary, and
WHEREAS, the City' s Conservation Advisory Council has
reviewed the EAF and related information, and in a memo
dated July 17, 1991 recommends a Negative Declaration,
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Minutes of July 30, 1991
NOW, THEREFORE, BE IT RESOLVED that this Board, as Lead
Agency in this matter, adopts as its own findings and
conclusions set forth in the EAFs prepared for this action,
IT IS FURTHER RESOLVED that this Board, as Lead Agency,
determines that the proposed action will not have
significant environmental effects, and that no further
environmental review is necessary under the circumstances,
and therefore directs staff to prepare and file notice of
this Negative Declaration as prescribed by law.
Passed unanimously.
There was further discussion regarding the request for
subdivision. Cookingham then moved, Yale seconded the
preliminary approval of the request for subdivision as
follows:
WHEREAS, City regulations permit "reasonable changes in the
(application of the) existing zoning regulations so as to
enable the development of a cluster subdivision, " which
directions are subject to specific limitations, in order to
promote a set of purposes not ordinarily achieved in
conventional development following basic zoning regulations,
and
WHEREAS, the Mutual Housing Association of Tompkins County
proposed development of a subdivision under the cluster
guidelines which, in conjunction with related City projects,
will promote each of the purposes listed in the guidelines,
and
WHEREAS, the proposed development will require certain
variances to the basic zoning regulations, which are
currently being appealed to the Board of Zoning Appeals, and
WHEREAS, the proposed subdivision contains several lots that
are nonconforming to the basic requirement for lot area,
which may be permitted by this Board so long as an
equivalent amount of land is reserved as open space and/or
recreation area dedicated as common land for benefit of the
subdivision residents, and
WHEREAS, the applicant proposes dedication of a large
portion of the parcel as a central green space, accessible
from all lots, and
WHEREAS, this Board has reviewed the front yard setback and
parking issues being appealed to the Board of Zoning
Appeals, finding that they represent acceptable deviations
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Minutes of July 30, 1991
,from the basic regulations, that they are similar to
existing conditions in the neighborhood, and that strict
adherence to the regulations would detract from the utility
and effectiveness of the interior open space, and
WHEREAS, the issue of separation between a cluster
subdivision and adjacent development land, for which a
zoning variance is sought, results from the proposed phasing
of the development which, when completed as proposed, will
see the interposition of a buffer of public streets between
the development and all other adjacent development, and
WHEREAS, this Board has made a separate determination that
the proposed development will have no significant
environmental impact,
NOW, THEREFORE, BE IT RESOLVED this Board finds that
( 1) the design and layout of the proposed Mutual Housing
Association subdivision closely resemble existing
residential development in the vicinity, and should be
compatible with potential development on neighboring non-
residential sites since City ownership of those sites can
insure that such subsequent development avoids design
conflicts with this subdivision as built;
(2) the modest size of the proposed development, ultimately
only 28 dwelling units, and the intensity of activity
associated with this type of use are well within the
existing unused capacity of public streets and utilities
serving the site;
(3) providing a dedicated open space for the use of
residents of the subdivision avoids the loss of that open
space to private use;
(4) by providing needed affordable housing, attractively
designed to be compatible with its surroundings, the public
welfare is served and appropriate use of surrounding land is
insured;
(5) the relatively small volume of fill and foundation
material required for the development will have negligible
effect on the holding capacity of the site in the event of a
100-year flood, and there are no other critical or special
resource features within 100 feet of the site; and
(6 ) the development agrees with the Northside Master Plan;
and
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Minutes of July 30, 1991
IT IS FURTHER RESOLVED that this Board conditionally approve
the proposed subdivision of the westerly two-thirds of the
"Pogo Parcel" by the Mutual Housing Association of Tompkins
County, as represented in the site plan dated July 23, 1991
and in related documents, subject to meeting the following
conditions before action on Final Approval of the first
phase for development:
1) Granting of all variances currently sought; and
2) Submission of required documentation for Final
Approval, including especially an accurate survey and
subdivision plat; and
IT IS FURTHER RESOLVED that this approval explicitly include
the variance to the minimum lot area requirements of the
zoning ordinance for lots numbered seven through twelve (7-
12 ) on the referenced site plan.
Passed unanimously.
Schroeder then commented that the 50' right-of-way seemed
excessive given that this was a one-way local street with
parking on one side. Schroeder moved, Yale seconded the
following resolution:
WHEREAS, the Master Site Plan for the Northside Triangle
calls for the construction of a minor one-way local street
between the proposed MHA-TC development and a yet-to-be
constructed neighborhood park lying to the northeast of the
Mutual Housing site, and
WHEREAS, this local street will serve only traffic destined
for land uses in the immediate area, and
WHEREAS, it appears that a 50' right-of-way may not be
necessary to accommodate the local street and the utilities
associated with the street,
NOW, THEREFORE, BE IT RESOLVED that the Board of Planning
and Development requests that the DPW establish the minimum
right-of-way necessary for this street.
Passed unanimously.
5. Site Development Plan Reviews
A. Joint Transit Facility
The Joint Transit Facility will cost approximately
$6, 000, 000. The City' s contribution will be approximately
$232, 000 plus the site. It will allow the beginnings of
consolidation of the four separate transit systems in the
County. CAC commented on the proposal to bury the fuel
tanks; this has been changed because of the high water
table. Views from the golf course have been taken into
consideration in the design as has the problem of odor from
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Minutes of July 30, 1991
emissions from the diesel engines in the busses. It was
noted that busses must meet federal Clean Air Standards.
There is a recognition that the major abutting land use is
recreation and there is a master site plan for the project.
However, because of budget constraints, some landscape funds
have been cut from the project.
Adams expressed concern about the Montessori School.
Sieverding explained that he had met with representatives of
the school and has written them to provide additional
information, but noted that mitigation of any negative
traffic impacts on the school would be extremely difficult
because of their minimal front yard.
Schroeder noted the major positive impact of improvement to
the transit systems. Feuer moved, seconded by Yale, that
the Board concur in the negative declaration for the project
while supporting the comments to the LEAF by the CAC.
B. Court House Facility
After an introduction by Sieverding, Aaron Schwartz, of
Perkins, Geddes, Eastman, explained the three facade
alternatives for the proposed new City Court building.
After some discussion, it was agreed that this would be an
informal, advisory SDPR. The Codes and Administration
Committee recommended a Negative Declaration. With respect
to the building design, the Committee voted in favor of
elevation number two.
6. New Business
A. West State Street Rezoning Proposal
Sieverding described the proposed zoning change on West
State Street. The proposal has gone to the Planning and
Development Committee of Council which has directed staff to
prepare a first draft zoning amendment and to begin the
environmental review for a possible zoning change.
Among the changes proposed are the removal of the parking
requirement along West State Street corridor, reduction of
maximum building height to 50' , inclusion of a new provision
specifying minimum building height, and other changes to the
area requirements.
Schroeder and Adams felt strongly that the maximum building
height along the West State Street corridor should be 50 '
and no higher. There was further discussion about minimum
lot size and minimum frontage. The Board then discussed the
minimum building height, as it remained to be resolved
whether the building height was to be two or three stories,
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Minutes of July 30, 1991
or whether it was to be described as a height in feet.
After some discussion, the Board recommended a two-story
minimum or 251 .
B. 1992 Planning Department Budget
Van Cort explained that in accordance with the Mayor' s
direction, he has prepared a series of budget alternatives
for 1992. The problem is that roughly 80% of the Planning
and Development Department budget is in salaries. These
salaries are to go up in accordance with negotiated
contracts by some 5% in 1992. If zero increases are to be
attained in the total budget, this will require a 23%
reduction in non-salary lines. In order to achieve a 6%
reduction for the total budget, a 48% reduction in non-
salary lines is required. Van Cort explained that it might
be possible to meet the Mayor' s request for a zero increase
while still allowing the non-salary lines to be held at the
1991 level, by reallocating funds carried forward for
contractual obligations from 1990-1991. In addition, he
recommended that a small portion of next year' s salaries be
charged to capital projects on which staff will be actively
working in 1992. Van Cort also explained that the goal in
the request was to avoid layoffs. He further explained that
there had been no vacancies in any salary line in 1991 and
none were anticipated for 1992. After discussion, Feuer
moved, and Cookingham seconded, that
WHEREAS, the Board recognizes the severe budget problems
faced by the City of Ithaca in 1992 and beyond, and
WHEREAS, the bulk of the expenditures for the Department are
in the area of salaries, and
WHEREAS, the Department cannot continue to carry out its
mission without adequate funding in the non-salary lines,
NOW, THEREFORE, BE IT RESOLVED, that the Board recommends
that the salary portion of the 1992 budget be increased as
per the negotiated contract and,
BE IT FURTHER RESOLVED, that the non-salary lines be held at
their 1991 level, resolved that any increases in the budget
be funded from funds already allocated in and carried
forward from the 1990 budget to the 1991 budget. In
addition, further funding for the 1992 can be charged to the
appropriate capital budget lines.
Passed unanimously.
7. Old Business
A. West Hill Master Plan
Yale gave the history of the West Hill Master Plan. During
the late 80s, there had been pressure for development of
West Hill including a number of major subdivision requests.
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Minutes of July 30, 1991
The West Hill Civic Association asked the City to undertake
a Master Plan for the area which the Planning Department
with Peter Trowbridge, as consultant, carried out. There
was major involvement of a client committee of West Hill
residents in the master planning process.
Barbara Blanchard assisted the West Hill Civic Association
in preparing the environmental review for the Master Plan.
The LEAF was reviewed by the CAC which recommended a
negative declaration.
Ray Schlather asked for changes in language in the EAF. It
was noted that Ms. Blanchard disagreed with Mr. Schlather' s
recommendations. Mr. Schlather proposed the following
change to the LEAF: Page 11 - Explanatory Note #1, line 5
should read: "It is anticipated that, as a result of this
action, the Common Council will accept the Plan and approve
it as part of the comprehensive plan for the future growth
and development of West Hill. " In addition, Schlather
recommended that the LEAF, page 10, #19 be amended as
follows: that the phrase "much community discussion" be
added to #19 . This was evidently a part of the original
LEAF, but was lost in the reproduction. During the
discussion of these proposed amendments a good deal of time
was given to the question of whether the master plan was a
rigid prescriptive document which had to be followed exactly
in all respects, or whether it was to serve as a general
guide. The consensus was that it was a general guide as are
all comprehensive plans--it is not a City map. Yale moved,
seconded by Cookingham, that the LEAF be amended as proposed
by Schlather. The vote was 4-1-1 (Adams voted no; Feuer
abstained) . Yale moved, Cookingham seconded, the resolution
for negative declaration as follows:
WHEREAS, the City of Ithaca' s Comprehensive Plan for land
use control by zoning and otherwise provides for residential
and park development on West Hill, and
WHEREAS, in 1954 the City of Ithaca authorized the
preparation of a Plan for the location of streets and
facilities throughout the City, including West Hill, as part
of this Comprehensive Plan, and
WHEREAS, by resolution dated May 6, 1970, the Common Council
accepted and approved in principle as a general guide for
the future development of the City of Ithaca a further
General Plan, also called a Master Plan, for the entire City
including West Hill, which plan had been previously adopted
by the Ithaca City Planning Board on April 22, 1970, and
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WHEREAS, in 1989, Common Council commissioned the
investigation and preparation of the West Hill Master Plan,
as a further refinement of the 1954 and 1970 plans as they
pertain to the study areas on West Hill, and consistent with
the Comprehensive Plan, and
WHEREAS, the West Hill Master Plan has been completed after
extensive public discussion, professional assistance and
full consideration of the study area' s part in the City' s
Comprehensive Plan, its neighborhood character, natural
features, public infrastructure, open space and recreation
opportunities, public infrastructure, open space and
recreation opportunities, public safety, environmental
protection and other land use concerns, and
WHEREAS, it is specifically found herein that the adoption
of this West Hill Master Plan, as an amendment to the
aforesaid 1970 General Plan and the 1954 General Plan, is an
amendment to the City' s Comprehensive Plan and should be
considered a part thereof, and
WHEREAS, the action necessary to adopt the West Hill Master
Plan in the manner proposed may be a Type I action within
the meaning of the New York State Environmental Quality
Review Act, and
WHEREAS, accordingly, full environmental review has been
conducted herein, including the completion of the Short
Environmental Assessment form and Parts 1, 2 and 3 of the
Long Environmental Assessment form, and
WHEREAS, it appears that although the adoption of this West
Hill Master Plan could have a significant effect on the
environment, there will not be a significant effect in this
case because the mitigation measures described in Part 3 of
the LEAF have included as part of the proposed Plan, and the
Plan itself overall is beneficial to the environment and the
safety and welfare of° the inhabitants, and
WHEREAS, the environmental review for the West Hill Master
Plan has been referred to the Conservation Advisory Council
for review and comment,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Planning
and Development finds that adoption of the West Hill Master
Plan as an amendment to the 1954 General Plan and the 1970
General or Master Plan, as proposed, provided the same
includes all of the mitigating, beneficial measures set
forth in Part 3 of the LEAF, will not have a significant
effect on the environment, and
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Minutes of July 30, 1991
BE IT FURTHER RESOLVED, that the Planning and Development
Board, as lead agency in this matter, hereby does adopt as
its own the findings and conclusions more fully set forth on
the Short Environmental Assessment Form and the Long
Environmental Assessment Form dated June 15, 1991 and
BE IT FURTHER RESOLVED, that the Planning and Development
Board as lead agency, hereby does determine that the
proposed action at issue will not have a significant effect
on the environment, and that further environmental review is
unnecessary under the circumstances, and
BE IT FURTHER RESOLVED, that this resolution shall
constitute notice of this negative declaration and the City
Clerk be and she is hereby directed to file a copy of the
same, together with the attachment, in the City Clerk' s
Office and forward the same to any other parties as required
by law.
Schroeder moved, seconded by Yale, an amendment to the
resolution that the � , 1-t matte- WHEREAS read as follows:
WHEREAS, it appears that although the adoption of this West
Hill Master Plan could have a significant effect on the
environment, the mitigation measures described in Part 3 of
the LEAF, which have been included as part of the proposed
Plan, and the overall Plan itself are beneficial to the
environment and the safety and welfare of inhabitants of
West Hill, and
. . .continues without change. This amendment was approved
unanimously.
Yale then moved, seconded by Cookingham, to amend the
resolution as follows:
WHEREAS, the environmental review for the West Hill Master
Plan has been referred to the Conservation Advisory Council
for review and comment, and a negative declaration of
Environmental Impact has been recommended by the
Conservation Advisory Council,
This amendment was approved unanimously.
Yale then moved the main motion, seconded by Cookingham.
Approved unanimously.
Cookingham moved, and Schroeder seconded, the following
resolution of Approval and Adoption of the West Hill Master
Plan as amended. The only changes are: First WHEREAS
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Minutes of July 30, 1991
"departments" is changed to "agencies" ; fourth WHEREAS the
phrase "community-wide" is removed.
WHEREAS, a Master Plan for the West Hill area of the City
has been prepared under the direction of the Planning and
Development Board with the participation of the West Hill
Civic Association and appropriate agencies of City
government, and
WHEREAS, this plan includes modifications to the planning
concepts for the West Hill area as outlined in previous City
planning documents including the 1954 and 1970 General
Plans, and
WHEREAS, these modifications have been developed in
consideration of West Hill' s relationship to the community
as a whole and are comprehensive in nature, and
WHEREAS, the West Hill Master Plan has been the subject of
numerous public meetings and discussions resulting in a
consensus on the basic tenets of the Plan, and
WHEREAS, the appropriate environmental reviews of the Plan
have been completed and have resulted in a finding of No
Significant Impact,
NOW, THEREFORE, BE IT RESOLVED, that the Planning and
Development Board does hereby approve and adopt the West
Hill Master Plan as an amendment to the 1970 General Plan,
replacing in full those portions of the 1970 Plan that
pertain to the study area as defined in the West Hill Master
Plan, and
BE IT FURTHER RESOLVED, that the West Hill Master Plan be
submitted to the Common Council for appropriate action.
Approved 5-0-1 (Feuer abstained) .
B. Elmira Road Sidewalks. The Board was asked to review
the proposal for the Elmira Road sidewalks and to
communicate with the BPW as to whether the proposed project
meets the goals set forth by the Planning Board in
recommending the construction of sidewalks on Elmira Road.
After some discussion the Board agreed to put this item on
the agenda at the regular August meeting. This meeting is
to start at 7: 00 p.m.
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Minutes of July 30, 1991
8. Zoning Appeals Report. After a brief discussion, Adams
moved, seconded by Cookingham, that the Codes Committee' s
recommendation regarding zoning variances be approved as
follows.
Appeals 2034, 2035, 2037, 2038, 2041, and 2043-47 do not
involve matters of long-range or area-wide plane&Qg concern
and are remanded for Board of Zoning Appeals action without
comment or recommendation.
Appeals 2036 and 2042, for Special Permits and Area
Variances to allow installation of satellite communications
dishes at 315-17 N. Aurora St. (retroactively) and 408
College Ave, respectively, are of concern to this Board
chiefly with respect to the visual impacts of the dishes on
neighboring properties and adjoining streets. Information
submitted with the appeals indicates that locations of the
existing dishes (in the rear yard of 315-17 N. Aurora) , and
of the proposed dish on the roof of 408 College Ave. , are
about as inconspicuous as possible.
Appeal 2039, for Special Permit and Area Variances to allow
210 Park Pl. to be used for a home occupation (catering) ,
involves no change to the exterior of the existing single-
family residence. This Board recommends approval, subject
to the standard conditions for Home Occupations regarding
outside employees, nonresidential traffic and activity,
exterior storage and signage.
Appeal 2040, for Special Permit and Area Variance to allow
use of 302 E. Falls St. for a home occupation (business
office) , involves no change to the exterior of the existing
single-family dwelling. This Board recommends approval,
subject to the standard conditions for Home Occupations, and
understanding that applicant' s single truck will continue to
be parked in existing space on the premises.
Motion carried unanimously.
9. Reports
A. Committees of the Board. No Committee reports
B. Director. No Director' s report
C. Chair. Blumenthal reported that a proposed zoning
change is under consideration in the Town of Ithaca in the
area now under investigation through a GEIS being prepared
by Cornell University. This is an area lying to the east of
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Minutes of July 30, 1991
the City of Ithaca, roughly bounded by NYS Route 366, Game
Farm Road, and Cascadilla Creek. Blumenthal reported that a
positive declaration has been reported for this action.
D. Planning and Development Committee. Schroeder reported
that the Planning and Development Committee is considering a
zoning change which will allow commercial development east
of Meadow Street. Schroeder noted that, at this point, he
was not in support of such change. Schroeder also reported
that the Committee had proposed an action by Council
directing staff to investigate the steps necessary for
official designation of Northside Park as a City park.
10. Approval of Minutes. After a brief discussion, the Minutes
of June 25, 1991 were amended and approved unanimously.
Meeting adjourned at 12: 10 a.m.
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