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HomeMy WebLinkAboutPC Minutes 2017-07-201 TOWN OF ITHACA PLANNING COMMITTEE SUMMARY OF July 20, 2017 MEETING Committee Members Present: Rich DePaolo (Chair), Rod Howe, Pat Leary. Town-Related Staff/Board Members/Others Present: Susan Ritter, Director of Planning, Bill Goodman, Town Supervisor, Bruce Bates, Director of Code Enforcement, Susan Brock, Attorney for Town, Andrew Varuzzo, Planning Intern. Members of the Public Present: None. Chair Rich DePaolo called the meeting to order at approximately 12:10 p.m. Persons to Be Heard: None. Committee Announcements and Concerns: None. Consider May Meeting Summary: Rich moved; Rod seconded; approved with minor grammatical edits. Consideration of Rental Property Oversight Strategies and Recommendation to Town Board: - Rich: Reported that since the last Planning Committee meeting, he, staff and Bill met with Susan Brock to discuss several aspects of the proposed legislation. Rich added that he had now taken the legislation as far as he could and is now looking for Susan Brock’s input from the legal aspect. - Susan Brock: Described aspects of the law that she felt still needed to be addressed, in particular the parameters (i.e. placement, setbacks) for detached (stand-alone) accessory dwelling units (ADUs). She referred to the Model Code for Accessory Dwelling Units document (from accessorydwelling.org) that Sue provided to the Committee as useful to guide for member’s discussion. She identified potential conflicts between the proposed legislation and current Town zoning pertaining to accessory structures, and handed out the MDR zoning regulations for yard regulations to illustrate the issue. She added that the legislation needs to work within the nuances of existing Town zoning and clearly define what makes a building an “accessory.” She stated that once the Committee decides on the various parameters that she would craft the legislative language. The Committee then reviewed the various parameters in the Model Code for Accessory Dwelling Units document, along with a presentation report from Asheville, NC titled “Wording Amendments for Accessory Dwelling Units”. The presentation report included a table showing the city’s new maximum size standards for detached and attached ADUs. The following are Committee discussion highlights: SIZE : - Most communities seem to refer to detached ADUs as “cottages” and typically allow them to be no more than 800ft2 in size. This is sometimes coupled with an additional size limitation associated with a percentage of the primary dwelling, so as to control the ADU size relative to the primary structure. - The Committee discussed the implications of detached accessory dwellings for affordable housing and effects on neighbors/single family neighborhood character. 2 - The Committee agreed to a 300ft2 minimum building floor area for ADUs. (Town Code 270-220 currently restricts any building floor area to a minimum of 600ft2, while NYS Building Code allows a minimum of 300ft2.) - The Committee reached consensus on requiring that attached/detached ADUs be no more than 70% of the size of the primary dwelling, with an 800ft2 maximum size threshold. - The Committee felt that having setback requirements would add control on the placement of detached ADUs on a lot. In some cases, with smaller sized lots and required setbacks, they may be prohibited. ELIGIBILITY (i.e. restricting ADUs to certain zoning designations, lots sizes or geographic areas): - Allow by right detached ADUs in all residential, conservation and agricultural zones; allow by right attached ADUs wherever the zoning allows two-family dwellings. - Allow ADU’s in accessory structures (garages, barns) by right; current Town Code requires ADUs in accessory structures to obtain special approval by the ZBA. - For conservation zones, concerns were raised about the possibility of an ADU having a negative sprawl-like effect if located far away from the primary structure and needing a second long driveway. For agricultural zones, there was a similar concern. - In agricultural and conservation zones, allow detached ADU’s and ADUs in accessory structures, but require that they be within a certain distance (placeholder: no more than 75 feet) of the primary dwelling. - No cluster requirements would apply to ADUs in existing accessory structures in agricultural and conservation zones. The environmental/aesthetic impact of converting existing structures to ADUs was seen as minimal given the likelihood that such structures would already have vehicular access. - General agreement on one ADU per lot in all zones. OCCUPANCY/USE: - The committee agreed that the principal dwelling can have a family plus a boarder and that the ADU, both attached and detached, can have a family; current Town Code does not allow a boarder when there is an ADU. Given the time and that several members needed to leave soon for other appointments, the Committee moved on to the other agenda items. Remaining ADU items from the model law, yet to be discussed, include: ADU design, height, setbacks, building coverage, yard setbacks and building entrances. Consideration of Open Development Area Request for 185 Kendall Ave. The Committee considered the written request from Mr. Dylan Watros of 185 Kendall Avenue who is seeking an “open development area” designation for his property. - Sue: Explained that Mr. Watros’ recently purchased a dwelling in which the lot only slightly abuts a recognized road. The NYS Building Code mandates 15ft. of road frontage, as shown on an official roadway map, in order to obtain a building permit. - Committee: Discussed whether designating 185 Kendall Ave. as an “open development area” would set a precedent for adjacent lot owners of undeveloped parcels, who may also seek the same designation. They explored the differences between Mr. Watros’ request and future “open development area” requests. Mr. Watros’ lot does abut the recognized portion of Kendall Avenue, unlike other lots in the area. His request for a building permit is not anticipated to change the building footprint. - Susan Brock: Reminded the Committee that conditions can be placed on an “open development area.” She also informed the Committee that Mr. Watros will need to provide proof of a municipal 3 right-of-way or easement to his property before an open development area designation can be granted. - Committee: Will discuss this with the Town Board at the July 24th Town Board study session meeting. Staff will review the procedures (SEQR, public hearings, etc) that were done for the last two open development areas to determine what is necessary. Rental Operating Permit Program - Rich: Asked Bruce to estimate the amount of time he needed for getting the Operating Permit Program up and running. - Bruce: Responded that extra clerical assistance will be needed to implement the program and given the current workload with major projects such as Maplewood and the hospital he could not imagine getting started before spring 2018 (tentatively April 1, 2018). - Committee/staff: Discussed the logistical concerns (public awareness, inspections, and clerical work). Given these factors, the Committee expressed a desire to provide for a lengthier compliance period. They tentatively suggested 90 days for obtaining a permit after the law’s start date. This would allow individuals time to come into compliance and Code’s staff time to process required paperwork and conduct initial site visits. - Sue: Suggested holding off on disseminating the legislative summary sheet describing the proposals until there is a strategy for answering the public’s concerns and the law is in a more final form. - Committee: Discussed strategies for disseminating information about the legislation and agreed to distribute the summary sheet, with relevant contact information and materials, once these details are addressed. Staff Updates and Reports: - No further staff updates or reports. Next Meeting Date and Upcoming Agenda Items: - Discuss setback and design requirements for ADUs. - The next Planning Committee meeting is scheduled for 1:00pm on Monday, August 14th. Meeting adjourned at approximately 2:00pm.