Loading...
HomeMy WebLinkAboutMN-PDB-1991-07-30 P f I 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. Planning and Development Board Page -2- 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, Planning and Development Board Page -3- 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 Planning and Development Board Page -4- 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 Planning and Development Board Page -5- 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 Planning and Development Board Page -6- 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, Planning and Development Board Page -7- 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. Planning and Development Board Page -8- 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 Planning and Development Board Page -9- Minutes of July 30, 1991 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 Planning and Development Board Page -10- 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 Planning and Development Board Page -11- 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. Planning and Development Board Page -12- 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 Planning and Development Board Page -13- 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. epj-PDBOARD/July.min