HomeMy WebLinkAboutMN-PDB-2021-05-25Approved by the Planning and Development Board June 22, 2021
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Planning and Development Board Minutes
May 25, 2021
Board Members
Attending:
McKenzie Lauren Jones, Vice Chair; Garrick Blalock, BPW Liaison;
Mitch Glass; Elisabete Godden (arrived 6:19 p.m.); Emily Petrina;
C.J. Randall
Board Members Absent:
Robert Aaron Lewis, Chair
Board Vacancies: None
Staff Attending: Lisa Nicholas, Deputy Director of Planning, Division of Planning and
Economic Development
Nikki Cerra, Environmental and Landscape Planner, Division of
Planning and Economic Development
Anya Harris, Administrative Assistant, Division of Planning and
Economic Development
Applicants Attending: Tops Plaza, 722 S. Meadow Street, Major Subdivision
Francis L. Gorman, III, Esq. for owner, G&I IX Empire Tops Plaza
Ithaca, LLC
Special Permit for Office Use in the R-U District, 223 Thurston
Ave.
Leslie Schill, engineer, Cornell University
Michael Stewart, project manager, Cornell University
Apartments (347 Units) & Parking, 401 E. State/MLK Jr. Street
(Gateway Property)
Brian Bouchard, CHA Companies
Jeff Githens, Peak Campus
Tim Fish, Cooper Carey
Donny Kim, Cooper Carey
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Mixed-Use Building, 321 Taughannock Boulevard
Craig Modisher, Stream Collaborative
Linc Morse, developer
Mixed-Use Building, 510 W State Street
Craig Modisher, Stream Coilaborative
Patrick Braga, Visum Development
Commercial Building (KFC), 405 Elmira Road
Adam Fishel, Marathon Engineering
Ryan Jordaens, Marathon Engineering
Rich Wilkinson, KBP Investment
Student Housing (40 Units), 228 Dryden Road
Nathan Brown, HOLT Architects
Steve Hugo, HOLT Architects
Pursuant to the Governor’s Executive Order 202.1, this meeting was conducted remotely via
the online meeting platform Zoom. Vice Chair Jones called the meeting to order at 6:03 p.m.
1. Agenda Review
Recommendation to the BZA for 405 Elmira Rd. (KFC) was removed from the agenda.
2. Public Comment
Vice Chair Jones opened Privilege of the Floor.
Deputy Director Nicholas read into the record written comments received from Thomas Oles of
111 Giles Street:
I know the site of the proposed development well: my kitchen and bedroom windows look
down on it from across the creek. I have always known this parcel would someday be
developed and thought that a good thing. In fact, I used the site several times in my teaching
of landscape architecture at Cornell.
Regrettably, my first-year landscape architecture students came up with better proposals
than the one on offer. The project as conceived is breathtaking in its lack of vision. While I
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have little doubt it will proceed with only cosmetic changes, it is my duty as a neighbor and
citizen to note the following:
1. The project is being driven by the financial needs of a single downtown landowner, not by
an urban design vision for the city as a whole. This quid-pro-quo will only further cement
public cynicism and resignation about the city’s development priorities.
2. The project is wholly inappropriate for its location. Architectural details and programming
aside, the proposed structure’s size and massing are excessive and fail utterly to respond to
this unique – and uniquely sensitive – waterfront site (the last of its kind in Ithaca).
3. The project developer is cynically exploiting the site conditions to obtain a zoning variance.
These conditions are no different today than when the 60-foot height limit was established.
If the current developer cannot realize an acceptable profit within existing regulatory
constraints, the City should initiate an RFP process to find one that can.
4. This project will have long-term environmental effects on its surroundings, particularly with
respect to light and noise pollution. The latter will be particularly severe during the
construction phase. Giles Street neighbors have already had a foretaste of these effects with
the construction of the State St retaining wall, whose incessant noise and vibration penetrate
houses and gardens from 7 a.m. to 5 p.m. every weekday. Absolutely no further expansion of
working hours should be allowed for the proposed project.
There being no other members of the public appearing to speak, nor any written comments
submitted to be read into the record, Vice Chair Jones closed the Public Comment period.
3. Subdivision
A. Subdivision/Parcel Reconfiguration, Tax Parcels 102.-1-2.1, 102.-1-2.3 and -2.4 on S.
Meadow Street by Francis L. Gorman, III, Esq. for owner, G&I IX Empire Tops Plaza
Ithaca, LLC. Consideration of Final Subdivision Approval. The action involves the
reconfiguration of three tax parcels (102.-1-2.1, 102.-1-2.3 and 102.-1-2.4), that together measure
20.89 acres with more than 997 feet of frontage on S. Meadow Street, and contain commercial
buildings, parking, two curb cuts/ access points, and other associated site improvements. The
applicant proposes to create five new parcels: Parcel A-1 measuring 5.395 acres with 220 feet of
frontage on S. Meadow Street and containing the existing Barnes and Noble and 241 parking
spaces; Parcel A-2 measuring 13.449 acres with 122.9 feet of frontage on S. Meadow Street and
containing the existing Tops Market and 504 parking spaces; Parcel B measuring 0.335 acres with
no frontage and containing the existing Chili’s Restaurant; Parcel C: measuring 0.625 acres with
204.7 feet of frontage on S. Meadow Street and containing 12 parking spaces and the existing
Elmira Savings Bank, and; Parcel D measuring 1.086 acres with 340.7 feet of frontage on S.
Meadow Street and containing 49 parking spaces and the existing Verizon Store. This project is in
the SW-2 zoning district and received the required area variances from the BZA on April 6, 2021.
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This is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance and
the State Environmental Quality Review Act for which the Lead Agency made a Negative
Declaration of Environmental Significance on March 23, 2021.
Applicant Francis L. Gorman, Esq. of Harris Beach appeared in front of the Board with one small
update to the proposal: He said the site plan for the dumpster enclosures had been approved,
and he requested that that be removed from the list of conditions in the resolution.
Deputy Director Nicholas suggested they might modify the condition to indicate staff could
determine when construction of dumpster enclosures is sufficient to satisfy the condition.
The condition was updated.
Adopted Resolution for Final Subdivision Approval
On a motion by Petrina, seconded by Randall:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for a
reconfiguration and minor subdivision of City of Ithaca Tax Parcels #102.-1-2.1, -2.3 and -2.4 located at 614, 702 & 710-734 South Meadow Street by Francis L. Gorman, III, Esq. for owner, G&I IX Empire Tops Plaza Ithaca, LLC, and WHEREAS: The action involves the reconfiguration of three tax parcels (102.-1-2.1, 102.-1-2.3 and 102.-1-2.4), that together measure 20.89 acres with more than 997 feet of frontage on S. Meadow Street, and contain commercial buildings, parking, two curb cuts/ access points, and other associated site
improvements. The applicant proposes to create five new parcels: Parcel A-1 measuring 5.395 acres with 220 feet of frontage on S. Meadow Street and containing the existing Barnes and Noble and 241 parking spaces; Parcel A-2 measuring 13.449 acres with 122.9 feet of frontage on S. Meadow Street and containing
the existing Tops Market and 504 parking spaces; Parcel B measuring 0.335 acres with no frontage and containing the existing Chili’s Restaurant; Parcel C: measuring 0.625 acres with 204.7 feet of frontage on S. Meadow Street and containing 12 parking spaces and the existing Elmira Savings Bank, and; Parcel D
measuring 1.086 acres with 340.7 feet of frontage on S. Meadow Street and containing 49 parking spaces and the existing Verizon Store. This project is in the SW-2 zoning district and received the required area variances from the BZA on April 6, 2021, and
WHEREAS: this is considered a Major Subdivision in accordance with the City of Ithaca Code, Chapter 290, Article 1, §290-1, Major Subdivision – Any subdivision of land resulting in the creation of two or
more additional buildable lots, and WHEREAS: This has been determined to be an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act (“SEQRA”) and is subject to environmental review, and
WHEREAS: City of Ithaca Planning and Development Board, being that local agency which has primary responsibility for approving and funding or carrying out the action, did, on March 23, 2021, declare itself Lead Agency in Environmental Review for the proposed project, and
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WHEREAS: legal notice was published and property posted, and adjacent property owners notified in accordance with Chapters 290-9 C. (1), (2), & (3) of the City of Ithaca Code, and
WHEREAS: the Planning and Development Board held the required Public Hearing on March 23, 2021,
and WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on March 23, 2021 review and accept as adequate: a Short Environmental Assessment Form (SEAF), Part 1, submitted by the applicant, and Part 2, prepared by Planning staff; a drawing titled Subdivision Map, of the Lands of G&I IX Empire Tops Plaza Ithaca LLC, Located on South Meadow Street – State Route 13, City of Ithaca, Tompkins County, New York, dated 02/25/21 and prepared by TG Miller P.C. and other application materials, and WHEREAS: the Tompkins County Planning Department, and other interested parties have been given the opportunity to comment on the proposed project and any received comments have been considered, and
WHEREAS: the Lead Agency made a Negative Declaration of Environmental Significance on March 23, 2021, and
WHEREAS: The Board has on April 27, 2021 reviewed and accepted as adequate a revised plat titled
Subdivision Map, of the Lands of G&I IX Empire Tops Plaza Ithaca LLC, Located on South Meadow Street –
State Route 13, City of Ithaca, Tompkins County, New York, dated 04/08/21 and prepared by TG Miller P.C. and other application materials, and WHEREAS: the City of Ithaca Planning and Development Board dis on April 27, 2021 grant preliminary subdivision approval to the project subject to the following conditions: Before Final Subdivision Approval:
i. Submission of a plan, demonstrating conformance to Building Code, Zoning Code and the Southwest Area Design Guidelines, to enclose the dumpsters at the rear of the buildings facing Fairgrounds Memorial Parkway, and
Before certification/signature of the Final Subdivision plat: i. Dumpster enclosures to be permitted, constructed and inspected, or earlier at the discretion of the
Director of Planning, and ii. Submission and execution of a permanent cross property easement, and iii. Submission of three paper copies of the final approved plat, all having a raised seal and signature
of a registered licensed surveyor, now, therefore, be it RESOLVED: that the City of Ithaca Planning and Development Board does herby grant final subdivision approval to the project subject to the above conditions. Moved by: Petrina Seconded by: Randall In favor: Blalock, Glass, Jones, Petrina, Randall Against: None Abstain: None
Absent: Godden, Lewis
Vacancies: None
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The Board was well ahead of schedule, and the next applicant was not yet available to appear,
so they discussed the BZA Appeal for an area variance for a carport at 106 Cascadilla Park Road.
Their recommendation is included at the end of the minutes with the other recommendations.
Godden joined the meeting at 6:19 p.m. shortly after the discussion of the BZA
recommendation began.
B. Special Permit Approval, 223 Thurston Avenue by Michael Stewart for Cornell
University. Declaration of Lead Agency, Public Hearing, Determination of Environmental
Significance, and Approval of Special Permit. The applicant is proposing to convert an
existing vacant apartment building to an office use related to Cornell University.
Additional changes may include the addition of an ADA parking spot, construction of an
exterior ramp and rear entry door and creation of a first floor ADA toilet room. The project
is within the Cornell Heights Historic District and will require approval from the Ithaca
Landmarks Preservation Commission for any exterior modifications. The project is in the
R-U Zoning District, in which the use is allowed by special permit. This is a Type 1 Action
under the City of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(h)[4] and
the State Environmental Quality Review Act (“SEQRA”) §617.4 b. (10) and is subject to
environmental review..
Godden recused herself because she works with the construction and project management
groups at Cornell, and as the applicants are her colleagues, she said she feels she would be
unable to be impartial in her consideration of the project.
Project Manager Michael Stewart and Engineer Leslie Schill, both of Cornell, appeared in front
of the Board with an application for a Special permit to convert an existing apartment building
at 223 Thurston Avenue into offices.
Stewart said they are proposing modest changes to the interior, and they will be going to the
ILPC with a proposal to install an ADA accessible ramp on the west façade (even though building
code does not require the addition of a ramp). Further, they would add an ADA accessible
parking spot in the parking lot, reducing the total parking spaces to 23 from 24.
Adopted Declaration of Lead Agency
On a motion by Randall, seconded by Glass:
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law, and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting
environmental review of projects, in accordance with local and state environmental law, and
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WHEREAS: State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the
action, and WHEREAS: the City of Ithaca Planning and Development Board has one pending application for a Special Permit for a school use in a residential zone at 223 Thurston Ave by Michael Stewart for Cornell University, applicant and owner, and
WHEREAS: in accordance with City Code, §329-9 (B) (d), Standards for Special Conditions and Special Permits- Applicability, a special use permit is required for “schools and related uses in all residential
districts,” and WHEREAS: the applicant is proposing to convert an existing vacant apartment building to office use
related to Cornell University. Additional changes may include the addition of an ADA parking spot, construction of an exterior ramp and rear entry door, and creation of a first floor ADA toilet room. The project is within the Cornell Heights Historic District and will require approval from the Ithaca Landmarks
Preservation Commission for any exterior modifications. The project is in the R-U Zoning District, in which the use is allowed by special permit, and
WHEREAS: this is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(h)[4] and the State Environmental Quality Review Act (“SEQRA”) §617.4 b. (10) and is subject to environmental review, now, therefore be it,
RESOLVED: that the City of Ithaca Planning and Development Board, being that local agency which has primary responsibility for approving and funding or carrying out the action, does, by way of this resolution, declare itself Lead Agency in Environmental Review for the proposed project. Moved by: Randall Seconded by: Glass In favor: Blalock, Glass, Jones, Petrina, Randall Against: None Abstain: Godden Absent: Lewis Vacancies: None
Adopted Resolution for a Negative Declaration of Environmental Significance
On a motion by Petrina, seconded by Glass:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for a Special Permit for a school use in a residential zone at 223 Thurston Ave by Michael Stewart for Cornell University, applicant and owner, and WHEREAS: in accordance with City Code, §329-9 (B) (d), Standards for Special Conditions and Special
Permits- Applicability, a special use permit is required for “schools and related uses in all residential districts,” and
WHEREAS: the applicant is proposing to convert an existing vacant apartment building to a office use related to Cornell University. Additional changes may include the addition of an ADA parking spot,
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construction of an exterior ramp and rear entry door, and creation of a first floor ADA toilet room. The project is within the Cornell Heights Historic District and will require approval from the Ithaca Landmarks
Preservation Commission for any exterior modifications. The project is in the R-U Zoning District, in which the use is allowed by special permit, and
WHEREAS: this is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(h)[4] and the State Environmental Quality Review Act (“SEQRA”) §617.4 b. (10) and is subject to environmental review, and WHEREAS: that the City of Ithaca Planning and Development Board, being that local agency which has
primary responsibility for approving and funding or carrying out the action, did, on May 25, 2021, declare itself Lead Agency in Environmental Review for the proposed project, and
WHEREAS: the Planning Board acting as Lead Agency did, on May 25, 2021, review and accept as adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, and Part 2, prepared by Planning staff, and other application materials prepared by the applicant, now, therefore be it,
RESOLVED: that the City of Ithaca Planning and Development Board determines the proposed project will result in no significant impact on the environment and a Negative Declaration for the purposes of
Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act.
Moved by: Petrina
Seconded by: Glass In favor: Blalock, Glass, Jones, Petrina, Randall Against: None Abstain: Godden Absent: Lewis Vacancies: None
Public Hearing
No written comments were submitted, and no members of the public appeared to speak.
Adopted Resolution for the Final Approval of a Special Permit
On a motion by Petrina, seconded by Randall:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for a Special Permit for a school use in a residential zone at 223 Thurston Ave by Michael Stewart for Cornell University, applicant and owner, and WHEREAS: in accordance with City Code, §329-9 (B) (d), Standards for Special Conditions and Special
Permits- Applicability, a special use permit is required for “schools and related uses in all residential districts,” and
Approved by the Planning and Development Board June 22, 2021
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WHEREAS: the applicant is proposing to convert an existing vacant apartment building to an office use related to Cornell University. Additional changes may include the addition of an ADA parking spot,
construction of an exterior ramp and rear entry door, and creation of a first floor ADA toilet room. The project is within the Cornell Heights Historic District and will require approval from the Ithaca Landmarks Preservation Commission for any exterior modifications. The project is in the R-U Zoning District, in which the use is allowed by special permit, and WHEREAS: this is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(h)[4] and the State Environmental Quality Review Act (“SEQRA”) §617.4 b. (10) and is subject to environmental review, and
WHEREAS: that the City of Ithaca Planning and Development Board, being that local agency which has primary responsibility for approving and funding or carrying out the action, did, on May 25, 2021, declare
itself Lead Agency in Environmental Review for the proposed project, and WHEREAS: the Planning Board acting as Lead Agency did, on May 25, 2021, review and accept as
adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, and Part 2, prepared by Planning staff, and other application materials prepared by the applicant,
WHEREAS: The property is in the R-U zoning district in which schools and related uses are allowed by special permit subject to the following conditions:
a) If the proposed use is the expansion of an existing educational use, the applicant must show a need to expand into the residential area rather than into a less-restrictive area. No special permit shall be granted by the Planning and Development Board unless the applicant can demonstrate that there is no reasonable alternative to location or expansion on the site proposed. b) The location and size of the use, the size of the site in relation to it, the operations in connection with the use and the parking and traffic related to the operations shall not be such as to create a significant hazard to the safety or general welfare of the surrounding area. c) The proposed use or operation shall not produce or present substantial danger of excessive noise, noxious odors, noxious or harmful discharge, fire or explosion, radiation, chemical or toxic
release or other conditions injurious to the health or general welfare of occupants of nearby properties.
d) The size and use of the facility or the concentration with similar facilities in the neighborhood shall not be so substantially out of proportion to the character of the neighborhood as to jeopardize the continued use of the neighborhood for residential purposes.
WHEREAS: legal notice was published and property posted in accordance with §325-40B(2)(e) of the City of Ithaca Code, and WHEREAS: following proper notice to the public, a public hearing was held by the Board on May 25, 2021, and WHEREAS: the Board, acting as Lead Agency in environmental review, has, on May 25, 2021, reviewed and accepted as adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, and Part 2, prepared by Planning Staff, application materials prepared and submitted by the applicant and Zoning, Building Code and other information provided by City Staff, and
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WHEREAS: the Planning Board acting as lead agency in environmental review, has reviewed all the information provided by the applicant and staff and determined that the proposal meets all the criteria and
special conditions for accessory apartments listed above, and WHEREAS: that the Planning Board did, on May 25, 2021, determine that the proposed project will result in no significant impact on the environment and issued a Negative Declaration of Environmental significance, and
WHEREAS: the Board after reviewing all relevant material, does make the following findings of fact in accordance with §325-9 of the City Code:
1. The location and size of the use, the size of the site in relation to it, and the location of the site with respect to the existing or future streets giving access to it are such that the use will be in harmony
with the existing or intended character of the neighborhood and will not discourage the appropriate development of adjacent land and buildings or impair the enjoyment or value thereof, and
2. Operations in connection with the use will not be more objectionable to nearby property by reason of noise, fumes, increased vehicular traffic or parking demand, vibration, or flashing lights that would be the operations of any use permitted without a special permit, now, therefore be it,
RESOLVED: that the subject application is APPROVED, and be it further
RESOLVED: that in accordance with §325-9 of the City Code, the Director of Planning and Development or their designee shall revoke any special permit issued hereunder should the applicant or the applicant's tenant violate any provision of this chapter or any condition imposed upon the issuance of the special permit by the Planning and Development Board. Moved by: Petrina Seconded by: Randall In favor: Blalock, Glass, Jones, Petrina, Randall Against: None Abstain: Godden Absent: Lewis Vacancies: None
4. Site Plan Review
A. Apartments (347 Units), Parking & Major Subdivision, 401 E State/MLK Jr Street
(Gateway Property) by Jeff Githens for McKinley Development Company.
Determination of Environmental Significance and Recommendation to BZA. The
applicant proposes to construct a six-story building with a 318-space internal parking
garage and (347) apartments mixed between studio, one-, two-, and three-bedroom
units. Non-vehicular building access will be provided off State/MLK Jr Street, as well as
internal to the site. The project includes other site improvements including the extension
of the Gateway Trail to the end of the site, landscaping, lighting, and other site amenities.
Project development will require the demolition of the existing one-story building at the
eastern end of the property. The project is in the CDB-60 Zoning District. It requires an
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area variance for height and Design Review for compliance with the Downtown Design
Guidelines. It may also require actions by Common Council and/or the Board of Public
Works related to relocation of the existing utility easements on site. This is a Type 1 Action
under the City of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(b), (h)[2]
and [4], (k) and (n) and the State Environmental Quality Review Act (“SEQRA”) §617.4 b.
(5)(iii) and (9).
Brian Bouchard of CHA Companies, Jeff Githens of McKinley Development, and Tim Fish and
Donny Kim of Cooper Carey appeared in front of the Board to provide project updates and
answer questions. Applicants discussed some modifications to the easements on the property,
notably the relocation of a drainage easement.
Adopted Resolution for a Negative Declaration of Environmental Significance
On a motion by Godden, seconded by Petrina:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for site plan approval for construction of an apartment building with internal parking decks by Jeff Githens for McKinley
Development Company, and WHEREAS: The applicant proposes to construct a seven-story building with a 267-space internal parking garage and 353 apartments including studio, 1-, 2-, and 3-bedroom units. Non-vehicular building access will be provided off State /MLK Jr St as well as internal to the site. The project proposes other site improvements including a stairway from State St to the creek level of the site, extension of the trail to the end of the site and into City property, landscaping, lighting, and other site amenities. Project development will require the demolition of the existing one-story building and installation of associated infrastructure including, water, electric, gas, stormwater and wastewater. The applicant is also requesting a subdivision of the 3.689-acre site resulting in four parcels: Area A measuring .112 acres (4,861 SF) with frontage along State Street, which will be conveyed to the City; Area B measuring 3,965 SF to be conveyed to another party for construction of a
memorial; Parcel C measuring 1.048 acres (45,650 SF) with approximately 182 feet of frontage on E. Green and E. State Streets and containing an existing six-story commercial building, parking and a portion of the Gateway Trail; and Parcel D measuring 2.641 Acres with approximately 184 feet of frontage on E. State Street
and to contain the new building, a portion of the Gateway Trail, and a fire access road. A cross-property easement will be required for vehicular access to ingress and egress on E. State and Green Streets. The project is in the CDB-60 Zoning District. It requires an area variance for height and Design Review for compliance
with the Downtown Design Guidelines. It may also require actions by Common Council and/or the Board of Public Works related to relocation of the existing utility easements on site, and
WHEREAS: This is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(b), (h)[2] and [4], (k) and (n) and the State Environmental Quality Review Act (“SEQRA”) §617.4 b. (5)(iii) and (9), and WHEREAS: the NYS Department of Environmental Conservation, the NYS Department of Transportation, the Tompkins County Department of Health, the Tompkins County Industrial Development Agency (IDA), the Board of Public Works, Common Council, and the Board of Zoning Appeals all potentially involved agencies in this action, have consented to the Planning Board acting as Lead Agency for this project, and
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WHEREAS: the Planning Board, being the local agency which has primary responsibility for approving, funding or carrying out the action, did, in October 2020, declare itself Lead Agency for the project, and
WHEREAS: this Board, acting as Lead Agency in Environmental Review, has on May 25, 2021, reviewed and accepted as adequate: a Full Environmental Assessment Form (FEAF) Part 1, submitted by the applicant, Part 2 prepared by Planning staff, and Part 3 prepared by Planning staff and amended by the Board, drawings titled: Existing Conditions (C003), Demolition Plan (C004), Site Layout Plan (C101), Grading & Drainage Plan (C201), Utility Plan ( C301), Landscape Plan (C401), Landscape Plan –Trail (C4-2), Landscape Plan –Retaining Wall (C403), Landscape Plan – State Street Entrance (C-404), Landscape Plan- Building (C405), Erosion and Sediment Control Plan (C501), Details (C601 & 602) all dated 5/10/21 and prepared by CHA Associates;
Retaining Wall Sections (S-303) dated 05/05/21 and prepared by Beardsley; the following annotated drawings Floor Plan –Amenity & Parking Entry Levels (A2.01 & A2.02) annotated with bike rack locations, Grading & Drainage Plan (C201) annotated to show stormwater relocation and proposed drainage easement and Alta
Survey annotated to show proposed changes to City Easements; Rooftop Mechanicals, North & West Elevations, South Elevation and 3D Views (Three Sheets) all dated 1/26/21; and Context Sections showing materials changes and Context Sections showing fire access road alternatives both dated 1/14/2, and Context –
Photo Simulation (undated), all three prepared by Cooper Carey, and other application materials, and WHEREAS: the City of Ithaca Parks, Recreation, and Natural Resources Commission and other interested
parties have been given the opportunity to comment on the proposed project, and any received comments have been considered, now, therefore, be it
RESOLVED: that the City Planning Board determined that the proposed project will result in no significant adverse impacts on the environment and a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be issued in accordance with the provisions of Part 617 of SEQRA. Moved by: Godden Seconded by: Petrina In favor: Blalock, Glass, Jones, Petrina, Randall Against: Godden Abstain: None
Absent: Lewis
Vacancies: None
When asked about the piles, applicants said they would be driven piles, and there would be a
vibration monitoring plan.
The Board reviewed Part 3 of the FEAF and discussed mitigations for the impacts of the
building.
The Board also formulated a recommendation to the BZA, which is included at the end of these
minutes.
After some discussion, it was determined that the building is in fact seven stories, not six, as it
had previously been described.
Approved by the Planning and Development Board June 22, 2021
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B. Mixed-Use Building, 321 Taughannock Blvd by Craig Modisher of Stream Collaborative
for Water Works LLC. Consideration of Preliminary & Final Approval. The applicant is
proposing to construct a three-story mixed-use building on the .168-acre (7,318 SF)
project site. The building will have five units of for-sale housing on the upper floors, 400
SF of office space on the second floor and approximately 3,000 SF of commercial space
on the first floor with access to a boat slip area. The existing steel-framed building on the
site will be incorporated into the new building. Site improvements will include four
parking spaces, landscaping, sidewalks, lighting, and other site amenities. The project is
in the West End/Waterfront Zoning District and will require several area variances. The
project is also subject to Waterfront Design Guidelines. This is a Type 1 Action under the
City of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(h)[2] and the State
Environmental Quality Review Act (“SEQRA”) §617.4 b. (10) and is subject to
environmental review.
Craig Modisher of Stream Collaborative and developer Linc Morse appeared in front of the
Board to discuss the proposal to construct a three-story mixed-use building in Ithaca’s west
end.
A neighbor to the project had written a letter complaining about the removal of a tree on the
site.
Modisher clarified that the tree is actually on the Canal Corp’s property, and it is necessary to
remove it in order to replace the sea wall.
Adopted Resolution for Preliminary and Final Site Plan Approval
On a motion by Godden, seconded by Glass:
WHEREAS: the City of Ithaca Planning and Development Board has one pending application for site plan for construction of a new mixed-use building by Craig Modisher of Stream Collaborative for Waterworks LLC, Owner and Project Sponsor, and WHEREAS: the applicant is proposing to construct a three-story mixed-use building on the .168-acre (7,318 SF) project site. The building will have five units of for-sale housing on the upper floors, 400 SF of
office space on the second floor and approximately 3,000 SF of commercial space on the first floor with access to a boat slip area. The existing steel-framed building on the site will be incorporated into the new building. Site improvements will include four parking spaces, landscaping, sidewalks, lighting, and other
site amenities. The project also includes replacement of the existing sea wall and slight modifications to its layout. This will require a joint permit form the Army Corps of Engineers (USACE) and NYS Department of Environmental Conservation (NYSDEC). Permits may also be required from the NYS Canal
Corporation. The project is in the West End/Waterfront Zoning District and will require several area variances. The project is also subject to Waterfront Design Guidelines, and
Approved by the Planning and Development Board June 22, 2021
14
WHEREAS: This has been determined to be a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(h)[2] and the State Environmental Quality Review Act
(“SEQRA”) §617.4 b. (10) and is subject to environmental review, and WHEREAS: City of Ithaca Planning and Development Board, being that local agency which has primary responsibility for approving and funding or carrying out the action, did in March 2020 declare itself Lead Agency in Environmental Review for a similar previously-proposed project on the site. All Involved agencies were notified of the new proposal in March 2021, and WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on April 27, 2021 review and accept as adequate: a Full Environmental Assessment Form (SEAF), Part 1, submitted by the applicant, and Parts 2 and 3 prepared by Planning staff; drawings titled Site Layout -321, First Floor Area Plan (A1), 2nd Floor Area Plan (A2), 3rd Floor Area Plan (A3) and 4th Floor Area Plan (A4) dated 1/20/21, and West Elevations (A5), North Elevation (A6), East Elevation (A7),South Elevation (A8) and Exterior Façade Materials dated 3/16/21,
and Site Sections (L301), Site Demo Plan (L101) and Planting Plan (L103) all dated 4/14/21 and prepared by
Stream Collaborative; and Existing Cover Map (two sheets) and Sea Wall and Plan Details (S101) prepared by T.G. Miller P.C.; Existing Conditions Plan (C101), Erosion and Sediment Control Plan (C102), Utility Plan (C103), Grading and Drainage Plan (C104), Details (C201), Work Zone Traffic Plan (C301) and NYSDOT Standard Sheets (C302 & C303) all dated 4/21/21and prepared by stream Collaborative et. al., and WHEREAS: legal notice was published and property posted, and adjacent property owners notified in
accordance with Chapters 290-9 C. (1), (2), & (3) of the City of Ithaca Code, and WHEREAS: the Planning and Development Board held the required Public Hearing on, March 23, 2021, and WHEREAS: the Tompkins County Planning Department, and other interested parties have been given the opportunity to comment on the proposed project and any received comments have been considered, and WHEREAS: the Lead Agency made a Negative Declaration of Environmental Significance on April 27, 2021, and
WHEREAS: the Ithaca Board of Zoning Appeals granted the required variances on May 4, 2021, now, therefore, be it
RESOLVED: that the City of Ithaca Planning and Development Board does herby grant preliminary and final site plan approval to the project subject to the following conditions:
i. Submission of colored elevations of all sides of the building keyed to materials, and ii. Any changes to the approved project must be submitted to Planning Staff for review. Staff will
determine if changes require Board approval and iii. Submission to the Planning Board for review and approval of all site details including but not limited to exterior furnishings, walls, railings, bollards, paving, signage, lighting, etc., and iv. Submission of final Landscape Plan with planting schedule & specifications, and v. Plans, drawings and/or visualizations showing all proposed exterior mechanicals and associated
equipment including heat pumps, ventilation, etc including appropriate screening if necessary, and
Approved by the Planning and Development Board June 22, 2021
15
vi. Location and number of bike racks, and
vii. Noise producing construction activities will be limited to the hours between 7:30 A.M. and 5:30 P.M., Monday through Friday (or Saturday 9:00 A.M. to 5:30 P.M. with advance notification to and approval by the Director of Planning and Development), and viii. Documentation from Ithaca Fire Department emergency access issues have been satisfied, and ix. This site plan approval does not preclude any other permit that is required by City Code, such as sign permits, tree permits, street permits, and
x. Acceptance of the SWPPP by the City Stormwater Management Officer
Moved by: Godden Seconded by: Glass In favor: Blalock, Godden, Glass, Jones, Petrina, Randall Against: None Abstain: None Absent: Lewis Vacancies: None
C. 510 W State/MLK Jr Blvd by Visum Development. Project Updates Review of FEAF Part
3. The applicant has updated the project from an application previously submitted in
2019. The applicant proposes to remove the one-story commercial building fronting on
State Street and two-story wood frame house fronting on W Seneca Street, and to
construct a 60,953 SF, four- and five-story mixed-use apartment building. The proposed
building will contain 58 dwelling units which will be affordable to households making 50-
to 80-percent AMI, community spaces, indoor bike parking, and 942 SF of retail space
fronting State Street. The .413-acre project site comprises two tax parcels and has
frontage on W. State, Corn, and W. Seneca Streets and is in two zoning districts: CBD-52,
in which the maximum height is 52 feet, and B-2d, in which the maximum height is 40
feet. This has been determined to be a Type 1 Action under the City of Ithaca
Environmental Quality Review Ordinance §176-4 B(1)(h)[4], (k) & (n), and the State
Environmental Quality Review Act (“SEQRA”) §617.4(b)(11). The project is subject to the
Downtown Design Guidelines and will likely require an area variance.
Craig Modisher of Stream Collaborative and Patrick Braga of Visum Development appeared in
front of the Board. They had no project updates to present, and staff had received responses to
questions on the Part 3 only the day before, so they had not had time to incorporate the
responses into the document.
Approved by the Planning and Development Board June 22, 2021
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D. Student Commercial Building (KFC), 405 Elmira Road by Rich Wilkinson KBP Investment.
Determination of Environmental Significance and Recommendation to BZA. The
applicant proposes to construct a new 2,200 SF drive-through restaurant on the vacant
.74 acre parcel. The project also includes 23 parking spaces, curbing, dumpster enclosure,
landscaping lighting, signage and new pavement markings. Project site currently serves
as surface parking and vehicular circulation for the adjacent commercial building. The
project is in the SW-2 zoning district and will require area variances for front yard, building
width, parking setback, and signage. The project includes modifications to the pavement
and markings on the adjacent property. This is an Unlisted Action under the City of Ithaca
Environmental Quality Review Ordinance and the State Environmental Quality Review Act
and is subject to environmental review.
Adam Fishel and Ryan Jordaens of Marathon Engineering, and Rich Wilkinson of KBP
Investments appeared in front of the Board to present project updates.
Adopted Negative Declaration of Environmental Significance
On a motion by Godden, seconded by Petrina:
WHEREAS: State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS: the City of Ithaca Planning and Development Board has one pending application for site plan approval for construction of a 2,200 SF commercial building by Rich Wilkinson of KBP Investments, and
WHEREAS: the applicant proposes to construct a new 2,200 SF drive-through restaurant on the vacant .74 acre parcel. The project also includes 23 parking spaces, curbing, dumpster enclosure, landscaping lighting, signage and new pavement markings. Project site currently serves as surface parking and vehicular
circulation for the adjacent commercial building. The project is in the SW-2 zoning district is subject to the Southwest area Design Guidelines and will require area variances for front yard, building width, parking setback, and signage. The project includes modifications to the pavement and markings on the adjacent
property, and WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance
and the State Environmental Quality Review Act (“SEQRA”) and is subject to environmental review, WHEREAS: City of Ithaca Planning and Development Board, being that local agency which has primary
responsibility for approving and funding or carrying out the action, did on April 27, 2021 declare itself Lead Agency in Environmental Review for the project.
WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on May 25, 2021 review
and accept as adequate: a Short Environmental Assessment Form (SEAF), Part 1, submitted by the applicant, and Parts 2 and 3 prepared by Planning staff; drawings titled Alta/NSPS Land Title Survey, No. 405 Elmira Road, City of Ithaca, Tompkins County, New York. Dated 3/4/21 and prepared by TG Miller PC; Demolition Plan (C1.0), Overall Plan (C2.0), Site Plan (C.2.1), Grading, Drainage & Erosion Control Plan (C3.0), Utility Plan (C4.0), Lighting & Landscape Plan (C5.0), Detail Sheet (C6.0, 6.1, 6.2 & 6.3) and Truck Turn Plan (C7.0)
Approved by the Planning and Development Board June 22, 2021
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all dated 5/12/21 and prepared by Marathon Engineering, and Exterior Elevations (A4.0 & A4.1) and Renderings (R1.1) dated 3/28/21 and prepared by snjdesign Architects and other application materials, and
WHEREAS: the Tompkins County Planning Department, and other interested parties have been given the
opportunity to comment on the proposed project and any received comments have been considered, now, therefore, be it RESOLVED: that the City of Ithaca Planning and Development Board determines the proposed project will result in no significant impact on the environment and a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act.
Moved by: Godden Seconded by: Petrina In favor: Blalock, Godden, Glass, Jones, Petrina, Randall Against: None Abstain: None Absent: Lewis Vacancies: None
E. Student Housing (40 Units), 228 Dryden Road by 228 Dryden LLC. Declaration of Lead
Agency. The applicant proposes to demolish the existing two-story structure and to
construct an apartment building with 40 units on the .185-acre project site. The building
will be four stories above average grade and one basement story below average grade for
a total of five stories. The project includes other site amenities such as landscaping,
walkways, and outdoor patios. The project site is in the CR-4 zoning district and requires
an area variance for rear yard setback. It is also subject to Collegetown Design Guidelines.
This is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance
§176-4 B.(1)(k) and the State Environmental Quality Review Act (“SEQRA”) §617.4 b. (10)
and is subject to environmental review.
Applicants Nathan Brown and Steve Hugo of HOLT Architects appeared in front of the Board to
present a proposal to build a student apartment building.
Adopted Declaration of Lead Agency
On a motion by Godden, seconded by Petrina:
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS: State Law specifies that for actions governed by local environmental review, the lead agency
shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and
Approved by the Planning and Development Board June 22, 2021
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WHEREAS: the City of Ithaca Planning and Development Board has one pending application for site plan
approval for construction of an apartment building with 40 units by 228 Dryden Rd LLC, and WHEREAS: the applicant proposes to demolish the existing two-story structure and to construct an apartment building with 40 units on the .185-acre project site. The building will be four stories above average grade and one basement story below average grade for a total of five stories. The project includes other site amenities such as landscaping, walkways, and outdoor patios. The project site is in the CR-4 zoning district and requires an area variance for rear yard setback. It is also subject to Collegetown Design Guidelines, and
WHEREAS: this is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 B.(1)(k) and the State Environmental Quality Review Act (“SEQRA”) §617.4 b. (10) and is subject
to environmental review, now, therefore be it RESOLVED: that the City of Ithaca Planning and Development Board does, by way of this resolution,
declare itself Lead Agency in Environmental Review for the proposed project. Moved by: Godden
Seconded by: Petrina In Favor: Randall, Petrina, Glass, Godden, Blalock, Jones Against: None
Abstain: None Absent: Lewis Vacancies: None
5. Recommendations to the Board of Zoning Appeals
• # BZA 3185 - 106 Cascadilla Park Road (area variance)
The Planning Board does not identify any negative long-term planning impacts as it relates to the
Comprehensive Plan. There was not unanimous support or dissent for the project – the Board discussed
the following considerations;
• The Board would normally not seek to allow front yard parking. However, this is a unique site
and unique street.
• The Board understands that the BPW has reviewed and approved the project and that
engineering staff have thoroughly vetted it
• It may be beneficial on this unique street to get a car off the road, though it removes an on-
street parking spot and conflicts with the urban design principle that the street is public.
• The applicant is asking for a large variance for the front yard
• Concern about runoff and construction practices
• Accessibility concerns
Approved by the Planning and Development Board June 22, 2021
19
• # BZA 3189 - 401 E. State Street (area variance)
The Board does not identify any long-term planning issues with this proposal and supports the appeal. The
Planning Board has worked with the applicant over many months, including going through the Design
Review process, to refine the design and minimize the perceived mass and height. This is documented in
the FEAF Part 3 narrative, particularly in the sections pertaining Impacts to Aesthetic Resources and Impact
to Historic Resources. The Board balanced some of the following factors:
• Architectural changes made by the applicant to reduce the mass and scale of the building,
including
• Changing the building construction type so that the width of fire lane could be reduced from
26’ to 20’ and adding additional greenspace
• Adding a terraced planting area on the face of the retaining wall at the south end of the site
• Façade modulation on the South Elevation/Creekside
• Reducing the height of the parapet and changing materials colors and application on the
North Elevation/State St Side
• The topography minimizes the look of the building from the public way.
• The width of the building is dictated by the dimensional requirements of the internal parking
decks- meaning there is little flexibility to make the building narrower.
• The parking program has benefits to the general public as it is preferable to surface parking,
increases the parking supply in the downtown core without City investment and potentially
relieves pressure from the existing City-owned downtown garages.
• The applicant has worked with the Fire Chief to devise a layout that allows for trees and other
landscaping to be planted in front of the building as well as in a 5’ planting strip between the
road and the trail. Although 5’ is not ideal, structural soil will be used to provide adequate soil
volumes for successful growth. The road also incorporates areas of stamped concrete for
variation and interest and to create a plaza-like feeling
• The enhanced public access and trail into City property is a great benefit to the community.
• # BZA 3192 - 109 E. York Street (area variance)
The Board does not identify any long-term planning issues with this appeal. It is improving the property
by turning an unusable portion of the front yard into a usable area. The submitted drawings lack detail -
better drawings and visualizations would be helpful to fully understand the project.
6. Old/New Business
The Board discussed the possibility of meeting informally with theirfamilies, as there is a fifth
Tuesday in the month of June.
Approved by the Planning and Development Board June 22, 2021
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7. Reports
A. Planning Board Chair
No report.
B. Board of Public Works Liaison
Blalock said the Water Treatment Plant recently sustained about $2 million in damages. The
BPW is hopeful that they will be able to use some of the recently received federal stimulus
funds can be used to repair it.
C. Director of Planning & Development
Deputy Director Nicholas said the Energy Code Supplement was adopted by Common Council
and goes into effect in 90 days.
8. Adjournment:
On a motion by Godden, seconded by Glass, the meeting was adjourned by unanimous consent
at 9:11 p.m.