City of Auburn Planning Board
Tuesday, July 6, 2004 7:30 PM, MEMORIAL City Hall
Present: Mark DiVietro, John Breanick, John Rogalski, Sam Giangreco, Sandra Craner. Absent: Laurie Michelman, Nicki Wright
Staff: Steve Lynch, OPED Director; Brian Hicks, Codes; Nancy Hussey, Assistant Corporation Counsel; Tom Weed, APD
John Breanick is Acting Chair for this evening’s meeting.
The Chair called the meeting to order. The Pledge of Allegiance was recited and roll was called. Chair extends welcomes to Mayor Tim Lattimore and Counselor Bill Jacobs.
Agenda Item 1: Minutes of June 1, 2004 meeting.
Chair asks for a motion to accept the minutes of June 1, 2004. Motion made by John Rogalski, seconded by Sandra Craner. All members vote approval. Motion carried.
Agenda Item 2: Site Plan Review for realignment of McIntosh Dr.
Chair invites owner or agent to speak.
Mike O’Neil of American Group I along with Michael Wachs of Auburn Associates and also owner of the Ames Plaza. As previously discussed we desire to relocate McIntosh Dr. to allow more parking in front of the Bed Bath and Beyond as they are requiring 50 parking spaces as part of their contract. We have worked with Council and Staff on this project. ZBA has approved lot sizes and distribution of property. Abandonment and rededication of land has been done. (Points out area on map) We have also provided employee parking in the rear and additional landscaping along with sidewalks and handicapped access. We are asking for final site plan approval this evening.
Chair invites the public to speak.
Marianne Meyers – Austin Dr. – concerned about who is paying.
Mike O’Neil – the developer is absorbing all costs for construction and relocation. There will be no money from the City or taxpayers.
Marianne Meyers – how long did BBB commit?
Mike O’Neil – 20 years with the option to renew.
Marianne Meyers – this is all for 50 parking spaces? (yes) Has a traffic study been done? (Yes, by Sear Brown) Were they given any tax breaks? (No) I travel this area daily but it seems a waste of money just to allow business to move a road just because they want it with no consideration to others.
Mike O’Neil – it will not be a large change – looking at the existing road it already has curves.
Marianne Meyers- to what degree?
Mike O’Neil – it was made for 40 mph limit but it is a 30 mph zone. The road is being moved 30 to 40 feet south.
Marianne Meyers – feels it is good that BBB is coming, it’s a large industry, but it will also only offer minimum wage with no benefits.
Glenn Carver – questions if the curves are in a flood plain.
Steve Lynch – no, they are not
Mike O’Neil – the flood plain area is behind Wal-Mart.
Chair closes the Public Hearing and asks the Board for comments.
John Rogalski – would like to commend the owner and group for work being done and creating some employment. Will encourage other businesses to come in.
John Breanick – questions the number of jobs involved.
Mike O’Neil – 3 shifts with about 60 – 65 jobs. Over minimum wage but less than scale. 4 – 5 high scale managers. Hours will be 9 – 9.
Steve Lynch – as a reminder on 6/1/04 a preliminary approval was given contingent on adjustment of plans and Council approval. The plans have been revised and there is an existing MOU with the City Council. DRC recommends final approval. SEQR approval was given 6/1/04.
John Breanick – asks APD if there are any foreseen problems.
Tom Weed – none at this time.
John Breanick – asks Codes and Corp. Council for any comments. (none) Asks for a motion to accept the final site plan. Motion mad by John Rogalski, seconded by Sam Giangreco. All members vote approval. Motion carried.
Chair – asks Steve Lynch to read resolution into record.
Agenda Item 3: Site Plan Review for 85-87 South St. driveway and parking area at Victorian House.
Chair invites owner or agent to speak.
Dave Lansford, Ex. Director – Westminster bldg. purchased in 1999 & began rehab as small apartments for retirees. Approach was best care for geriatrics, continuum of care. Average age at Victorian House is 72 and at the Manor 87. Driveway had been part of the original plan but it has been slow going.
Chair asks for comments from the public. There being none closes the Public Hearing and asks the Board for comments. There being none asks for staff comments.
Steve Lynch – in your packets is a Certificate of Appropriateness issued by the Historic Resources Review Board which includes the conditions of approval. The driveway will be narrowed to the width of the existing apron and all landscaping will be done with the assistance and approval of Mike Long. All plantings are not on the plan yet. Asks the Board’s indulgence to trust that the project will be done properly. One question concerning the driveway – it looks as if the dotted line from the bump out of curve – is the drive reduced in width to curb cut of street?
Dave Lansford – yes. The side that’s over constructed is the north side and it is being reduced. We measured the apron first then along the drive all the way back.
Steve Lynch – would like to ask the Board for final and defer to HRRB for final adjustments for ensuring conditions of the CA are met. Mr. Lansford is anxious to see this done.
Dave Lansford – the South St. historical tour is Saturday and we would like to be finished for that.
John Breanick – so this is possible to o.k. with HRRB to follow up?
Steve Lynch – yes, add contingencies at the end of the resolution.
John Breanick – asks Dave Lansford if this is o.k. with him.
Dave Lansford – yes, we understand the project and the historical plans on South St.
Steve Lynch – this is not a major change. HRRB has scrutinized the plan; DRC recommends negative declaration on SEQR and approval of the site plan with the understanding that the conditions will be followed up with Mike Long on behalf of the HRRB.
John Breanick – asks if AFD has looked at the project.
Steve Lynch – they have looked at it and they see no problems at this time.
John Breanick – asks APD for comments.
Tom Weed – no impact.
Chair asks for a motion for a negative declaration on SEQR. Motion made by Sam Giangreco, seconded by Mark DiVietro. All members vote approval. Motion carried.
Chair asks for a motion on the site plan with additional language added. Motion made by Sandra Craner, seconded by Mark DiVietro. All members vote approval. Motion carried.
Agenda Item 4: Proposal to amend Sec. 305.34(B)(5) of the City of Auburn Zoning Ordinance regarding “Permitted Neighborhood Density.”
Chair invites representative to speak.
Nancy Hussey – reviews memo (attached). In order to have an effective ordinance this amendment needed to stave off any ambiguity. It is up for final approval with Council this Thursday with recommendation by the Planning Board.
Chair – invites public to speak. There being none closes the Public Hearing and invites comments from the Board. There being none asks for staff comments.
Steve Lynch – Corporation Council has addressed all comments. The SEQR and final resolutions are in the packets. Will entertain any questions at this time.
Motion for a negative declaration on SEQR made by Sam Giangreco, seconded by John Rogalski. All members vote approval. Motion carried.
Steve Lynch – reads zoning resolution into the record.
John Breanick – asks Corp. Council if this will satisfy the judge.
Nancy Hussey- yes, but more importantly it will clarify the ordinance.
Motion to accept the zoning amendment recommendation resolution made by Sam Giangreco, seconded by Sandra Craner. All members vote approval. Motion carried.
Agenda Item 5: Public Hearing: Rezoning of certain properties in the block generally bounded by Seymour, Nelson, Seminary and North Streets.
Steve Lynch – at the last meeting we talked about zoning of the area and the evolution of the neighborhood (defines area on map). In 1961 it was zoned C1 Community Commercial. In 1992 the ordinance changed and a portion of the site once C1 became C2 with R2 at the northeast corner of Seymour St. We spoke of changes in the neighborhood, addressing larger, older historic homes in the area, and talked about options for zoning changes and received input from the public. As discussed with the Board and the public previously, a potential historical medical professional overlay zone is being considered for the area. This would be similar to South St. and some areas of North St. Some properties for the Overlay District front the north side of Seymour, east side of Nelson and the south
side of Seminary St., where large multi-family residential units now exist; the majority are rentals with tenants and some owner occupied, some good some bad. There is an opportunity for encouraging the adaptive re-use of these structures and the rehabilitation of the homes. We are still working on the language. Any action tonight will be on the creation of a new zoning district to be titles C-2A. (Refers to Exhibit A of packet-copies made for public). Currently, the C2 Central Commercial extends into the proposed area. Occurring in this neighborhood area only out of the entire C2 district are shopping centers/malls, which we want to continue here but not in the downtown portion of the C2 district, which we want to remain a pedestrian shopping area. We do not want to prohibit shopping centers in the C2 downtown area by taking the use out of the definition of C2, as it will hurt current C2 shopping centers in the Seminary area by making them non-conforming if we do
so. This type of non-conforming status is what the K & B business, which has been in the neighborhood about 50 yeas, is currently faced with. It is not a legal use – permitted by right in the ordinance, but is a pre-existing, non-conforming use. We would like to provide them with the same legal status; however, if we amend the ordinance to include auto related uses within the C2 district, it would allow this use within the entire downtown area – something we wish to avoid. To address these use issues, we are proposing creation of a new C2A zone in the Seymour/Nelson/Seminary St. area, with additional language for more stringent guidelines, review and design criteria with particular eye on Eckerd Plaza. In describing the proposed boundaries shown on the map, currently there the C2 parcels at the Seminary Ave and Street intersection, behind the doctor’s office on the corner there, there is a parking lot that is in an R2 area and we propose to change this
to the C2A zone and make the medical office parking area legal. On the opposite corner is a vacant parcel that is part of the church and is not used commercially at this time; this would be returned to an R2 zone. With regard to the remainder of the proposed C2a boundaries, they are essentially the same as the ’92 zoning except where previously stated. Lets take a look at the language for the proposed C2A zone - in exhibit A on page 6 the struck out items are to be deleted, shopping centers/malls will be removed from the C2 zone. In C2A District, all will be added particular to Seminary Ave area. (Copies of the zoning language are made available to the public in attendance and the language is read into the record.)
Chair invites public to speak.
Glenn Carver – Evans St. – parents own property on Seminary St. Wants to turn area in R2 bounded by Commercial to Commercial zone. To reduce density turn area into commercial and get rid of some apartments. Thinks all areas bordering (retail) mall should be commercial, not residential.
Steve Lynch – understands the point Mr. Carver is trying to make. This area is not included in the change, it is already residential.
Glenn Carver – thinks is should be changed to commercial to reduce residential uses.
Steve Lynch – you are talking about the south side of Seminary St. to the corner?
Glenn Carver – talking about the entire 1st block there off of North St. Interested in limiting the amount of multi-family dwellings, zone commercial or special boulevard. If historic make it a historic district and proper renovations can be made.
Steve Lynch – we are not proposing that the potential overlay district be a historic district such as Grover and South S. areas. The proposed changes we are discussing are to put these areas you are addressing into the professional/medical overlay district.
Glenn Carver – if the surrounding area is being done (commercial with the C2A changes) then this area should be done also.
John Breanick – thinks this is a valid point.
Glenn Carver – if it were not bounded on 3 sides by commercial already it would be understandable, but since it is, make the entire area commercial.
Amy Carver-Dobson – (owner of some of the properties being discussed) - He’s speaking of a small area owned by 3 people. If doing the block on the north side of Seminary, little land between south side and Arterial, area should be developed commercially. St. Luke’s owns up to the corner and that’s all there is between the corner and the Arterial. Do the whole thing if you’re going to do anything.
John Breanick – how many parcels do you own there?
Glenn Carver – 6 or 7
John Breanick – and 3 to 4 are owned by others. Are any of those owners here tonight? Any other comments?
Marianne Berman – owns 34 – 36 Seminary St. Understands what Dobsons are saying. Wants to know how her property is included.
Steve Lynch – this is for the north side (odd numbered) side of the street. You received notice as your property is in the immediate area of the proposed change, not that your property is included.
Walt Aikman – Liberty St. – it seems everyone is doing the best they can and the efforts are appreciated. We are losing population because there is not enough space, people want “elbow room”. Neighborhoods being worked on to reduce density keep doing so. As an analogy, if you were to go to the hospital you would want cutting edge technology, not something old and out-dated. In the same way don’t use ideas that are 10 years old. Keep working. The beginning of a plan is formulated. It isn’t a mystery, keep doing what’s working.
Chair – we will probably vote tonight.
Walt Aikman – then I urge you to table it until the entire plan is in place. Especially for the rest of the language for the proposed overlay. It is too soon to solidify at this time.
Nancy Schwanker, Seymour St. – likes the idea of the medical uses. Does not want a car wash across the street from her home. Another one is not needed in the area.
Marianne Berman – what is the vision of the overlay?
Steve Lynch – points out area on map for overlay. North side of Seymour, east side of Nelson, south side of Seminary – first depth of houses except open green space next to the chapel which will be left as green space. Idea is to allow flexibility for some older, larger houses for adaptive re-use – live/work situations, uses of carriage houses. Preparing the language for the proposed overlay zone will take a little longer as the content and specifics of the language is more difficult to write. We fully intent to move forward with consideration of the Overlay Zone and will work to have the language available at the August meeting for consideration. We are considering the incorporation of performance-based regulations into the language for the Overlay. Landscaping, hours of
operation, etc. Changes within the C2 area are more straightforward and have been prepared. The whole package, including the overlay district, will be done but will take longer. Idea of the overlay zone is to modify existing structures, not to take them down.
Amy Carver-Dobson – we own most of the south side, 1st block of Seminary St., if we’re to be surrounded and not get any advantage for what we’ve done it all seems useless.
John Breanick – would you like that area to be considered in the zone change also?
Amy – yes
Glenn Carver – looking at the situation it seems you are putting on a patch when a replacement is needed. If you’re going to do something do it all at once. This area is surrounded by commercial and is perfect for developing. It is illogical to change the surrounding area and not here.
Mr. Dungey, northwest corner of North & Seymour. Agrees with Carvers and Aikman. Once stone has been dropped it will ripple out. You have to consider how the zone change will ripple out and affect the rest of the neighborhood and city. Study more how it will affect the area before doing anything. Thinks the plan should be all tied together and complete before being adopted.
Chair closes Public Hearing and asks Board for comments.
Sam Giangreco – asks Glenn Carver if he has any plans if the area is changed to commercial.
Glenn Carver – not at this time but would like the option. Could possibly open a business, works as a licensed electrician.
Sam Giangreco – we have gone around with this for several meetings. K & S has an approved site plan. I propose to expand the 2 spaces next to K & S to C2 zone so this business can expand. Leave the 3rd parcel next to the Chapel for green space.
Nancy Hussey – part of the sale agreement is that 3rd parcel to remain as green space if the property is used commercially. Right now it can be used as zoned.
Sam Giangreco – since the site plan has already passed just change the adjoining 2 parcels to a commercial zone.
John Rogalski – the way it’s shown it’s residential
Steve Lynch – yes, it is currently residential
Chair – Sam Giangreco is proposing that the 2 parcels adjacent to K & S car wash be zoned C2A.
John Rogalski – will go along with that. Can’t see any logical reason not to.
Agreement by Mark DiVietro and Sandra Craner. Staff is directed to make these changes to the boundary for consideration by the Board.
Chair – any other comments? Glenn Carver brought up the south side of Seminary. Polls members.
John Rogalski – they have some good ideas. How flexible is zoning for future change?
Steve Lynch – we’re going through the process now so it would be the same. But we are not proposing change in that area now. With Sam Giangreco’s proposal you have a commercial use and two empty lots in an R2 zone. This is not entirely inconsistent in moving commercial use. In contrast, there would likely be greater impacts on the south side of Seminary if the older homes there were rezoned commercial and removed.
John Breanick – asks Tom Weed if 2 Seminary St. is a problem as previously stated by residents. (yes)
John Rogalski – just want to know if it can be rezoned in the future if there is interest.
Sam Giangreco – thinks Kubarek’s project will enhance the area. Although agrees with historic aspects it seems the entire city is becoming “historical”. K & S has been there. Concerned more with deterioration – spreads like a cancer. Concerning the Carver’s, looking down the road, these buildings are viable and being used at this time, so his proposal has some merit. Looking into the future it would be attractive for development.
Mark DiVietro – agrees but changing an R2 area to commercial “just because” is not a viable reason.
Sandra Craner – agrees with Mark DiVietro. If they have an actual idea for future reuse, maybe, but not at this time.
John Breanick – the Carver’s brought up valid points but not adequate info to take any actions. Thinks it should be tabled for more info and because 2 members are not available tonight.
Steve Lynch – the Carver’s area of the street is solidly residential and extensive, but the situation is somewhat different on Seymour. While here are park-like on the south side, there is also the dialysis center which is a commercial use – and it was designed to be relatively compatible with the neighborhood, and the white house at #80 Seymour St. is a residential structure but has a commercial use variance for corporate offices. The properties left on Seymour St., which are vacant and unlikely to be ever developed for residential uses, become the odd parcels out.
Motion by Sam Giangreco to increase the size of the C2A zone to include the 2 parcels adjacent to K & S carwash. (#’s 78 and 80 Seymour St.)
John Breanick – so it would be as passed previously.
John Rogalski – seconds the motion. All members vote approval. Motion carried.
John Breanick – when the map is redone add the 2 parcels to the C2A zone.
Motion by John Rogalski to table discussion of Carver’s properties for more info and revisit in 6 months to determine whether to add to the C2A zone. Seconded by Sam Giangreco. All members vote approval. Motion carried.
Steve Lynch – concerning the proposed zone change, it seems some are for, some against action being taken tonight without having all of the proposed changes available for review and action at one time. What is the pleasure of the board?
Nancy Hussey – a point with respect to the vote. The Board’s role here is advisory to City Council. Council will make the final decision whether or not to approve the zone change(s).
Chair – polls the Board. All would like to table. Motion to table made by John Rogalski, seconded by Sandra Craner. All members vote approval. Motion carried.
Steve Lynch – next meeting is August 3, 2004. Staff will make adjustments and will also try to have completed language for the proposed professional/medical overlay district available.
Other Matters
John Breanick – asks about the Bel-Aire project.
Nancy Hussey – it is still in litigation.
John Rogalski – asks about the Connector Rd.
Steve Lynch – we are planning to move forward with the bid from Grant Ave/Prospect St. to the rear of the garden apartments.
John Rogalski – asks about North St. access of the connector road.
Steve Lynch – it is still being investigated.
Motion to adjourn made by Sam Giangreco, seconded by John Rogalski. All members vote approval. Meeting adjourned.
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