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HomeMy WebLinkAboutPC Minutes 2021-10-21 Town of Ithaca Planning Committee Thursday, October 21st, 2021 (4:00 PM via Zoom) Final Minutes Committee members: Rich DePaolo, Chair; Bill Goodman, Pat Leary Board/Staff members: Director of Planning Sue Ritter, Director of Code Enforcement Marty Moseley, Town Planner Mike Smith, Town Supervisor Rod Howe, Town Planning Admin. Asst. Abby Homer Guests: None 1. Persons to be heard: None. 2. Committee announcements and concerns: None reported. 3. Consider approval of September meeting minutes: Bill moved; Pat seconded. Approved with minor grammatical changes. 4. Draft Agricultural Zone Amendments: The language proposed by staff was reviewed. Rich asked if the NYS building code requirements are referenced for permitting the seasonal farm lodging facilities. Marty explained that all NYS building codes are enforced in the permit process. A proposed provision allowing the use of barns (at least 50 years old) as a principal building on lots not used as a farm was discussed. The language was pulled from the Low-Density Residential Zone and modified to be consistent with the Agricultural Zone. Marty described a recent subdivision request where this issue has come up (Genex Cooperative/Steele, off Sheffield Rd.) Sue explained the reasoning for the 50-year or older stipulation as being commonly used for historic resource inventories. Rich asked if a new barn would be allowed to be built in an ag zone without active farming being a principal/primary use, Marty confirmed that it would not be allowed as an accessory with no primary use. The definition of Seasonal Farm Lodging Facilities was discussed. A point was raised that, as worded, the building inspector would need to count the number of people (per acre) to determine compliance and that would be more difficult then counting the number of dwelling units or determining the size of each dwelling unit for permit enforcement. Marty reported that for dwellings,NYS Building Code requires 200 sq.ft./per person. Multiplied by a maximum of 50 persons, for example, 10,000 sq.ft. of lodging space would be needed. Marty stated he is still researching NYS regulations for alternate applications to verify the area/person requirement; however, the Committee did not feel like a smaller deviation could be considered at this time without that information. Up to 20 units was proposed by Bill. Pat agreed with 20 units,but asked about including both the number of units and square footage not to exceed figure. 1 The platform/foundation/base possibilities were also discussed. Sue mentioned that referencing the building code may be helpful to distinguish these structures from recreational camping which Marty noted was exempt from the NYS Building/Fire Code occupancy requirements. In general, the Committee agreed that limiting the aggregate square footage of all the units together to not exceed the total would be appropriate and specific reference to the building code would also be helpful for enforcement. The language would be reviewed again and finalized once the NYS building code requirements were confirmed for this type of seasonal farm lodging. 5. Revised draft of Food Truck legislation: The committee reviewed a revised redlined version of the proposed legislation from the attorney for the town. Discussions occurred focusing on the areas below. § 79-2 Definitions. Rich asked about the intent for removing the "vehicles intended for private recreation shall not be considered a food truck" sentence. Marty replied that it was so the vehicle selling the food is a business and gave an example that a recreational vehicle could be on-site for prep work. § 79-3 Permit required. The application requires submission of"a description and photograph of the food truck, along with the license plate and registration number(where applicable)...". Rich asked for an example of when this information would not be applicable. Bill read the definition where it listed examples and Marty confirmed that a pushcart or other un-registerable stand type of unit would warrant being "not applicable". § 79-4 Siting D. Food trucks may only be sited on the property at the location designated on the permit. Rich asked for clarification as to whether each location the truck traveled to would require a separate permit. Marty confirmed a permit would be required for each location. § 79-5 Operations. D. Marty explained that sewer discharge permits are available for liquid waste and grease disposal for homes and businesses § 79-9 Enforcement and administration. C. The term "its premises" was discussed and Marty explained the intent applied to the immediate parking area for trash receptacles and/or other physical features outside the truck. § 79-10 Penalties for offenses. A. Rich asked for clarification on the time period for imprisonment. Marty referred to executive law civil penalty of the not to exceed 15-day time frame, which is also consistent with the town noise law. The following additional changes in red were agreed to by the Committee: § 79-4 Siting. I_ Food trucks must be located a minimum of 100 feet away from the entrance of a brick and mortar restaurant unless the food truck is operated or owned by add "the same person who owns" said brick and mortar restaurant. § 79-5 Operations. G. remove (Amplified sound and loudspeakers are prohibited, and) The food truck operation shall comply with Town Code Chapter 184 titled Noise. 2 § 79-6 Exceptions. B. Special event, residential block event, neighborhood celebration/festival, or private residence event. The Town Board may,by resolution, authorize remove "the" Town Code Enforcement Officers to issue a food truck permit in a residential neighborhood or at a residential property for a special event, a residential block event, a neighborhood celebration/festival, or a food truck event at a private residence. § 79-6 Exceptions. B (1) The provision for the Town Board to consider certain factors in determining whether to grant the permit or not were discussed,however, the language was not recommended to be further changed. There was discussion on the consistent use of the term persons or entity when referring to owner. The definition of persons in the law includes entity so the clarification, as shown below, (still within § 79-6 Exceptions. B.) is consistent. (4)Applications may be submitted simultaneously by a single remove "entity" add "person", representative or agent thereof for food truck operations occurring at a single address within a consecutive six-month period. Food truck operations of a similar scope may be listed on one application. All applications shall be reviewed, and determinations shall be rendered on each application. The Town Board may make different decisions and impose different conditions on individual food truck operations contained within an application for multiple food truck operations. (6) Rich asked about the exception/waiver to holding a public hearing. He supported the discretion but did not want to limit the public's ability to comment. Marty confirmed that the timing of the advertising may be a reason and the Noise Law language reads similarly. Bill moved to pass the draft Food Truck law to the Town Board for review. Pat seconded and the motion was unanimously passed. 6. South Hill charrette update: Sue reported that letters have been sent to the property owners within the TND area inviting them to participate and asking them contact staff. Flyers with more general information about the charrette were sent to numerous other adjacent and interested residents/property owners. Individual meetings are being set up with major stakeholders such as NYS DOT, Ithaca College, and the Montessori School. The consultant team will be based in the board room at Town Hall 10/25-10/27/2021, with a conclusive presentation at 7pm on 10/27. Committee members were asked to participate in a meeting with the consultants at 2pm on 10/25. Rich mentioned the site walk at 9:30 am on 10/25. There will also be a public presentation introducing the project on YouTube at 7pm, Monday, 10/25. The consultant team will be available throughout the three days for Zoom meetings. The YouTube presentations will be recorded for those to view after the live broadcast. 3 7. Staff updates and reports: None reported. 8. Next meeting date and upcoming agenda items: Rich noted he will be out of town for the November meeting. The committee agreed to cancel and hold the next meeting on December 16th unless urgent business arises in which a special meeting could be called. Topics: Finalize draft Agricultural Zone changes. The Planning Committee meeting concluded at 5:20 pm. 4