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HomeMy WebLinkAboutPC Packet 2023-09-21 TOWN OF ITHACA 18 Yl } NEW YORK PLANNING DEPARTMENT 215 N. Tioga St 14850 607.273.1747 www.town.ithaca.ny.us TOWN OF ITHACA PLANNING COMMITTEE THURSDAY, SEPTEMBER 21, 2023 at 3:00 P.M. Meeting Location: Ithaca Town Hall, 215 N. Tioga Street, Aurora Conference Room (Enter from the rear entrance of Town Hall, adjacent employee parking lot.) Members of the public may also join the meeting virtually via Zoom at https://us06web.zoom.us/j/6750593272. AGENDA 1. Persons to be heard. 2. Committee announcements and concerns. 3. Consider approval of August meeting minutes. 4. Discuss and consider recommendations for the 8-yr review of Tompkins County Agricultural District#2. 5. Staff updates and reports. 6. Discuss next meeting date and upcoming agenda items. A quorum of the Ithaca Town Board may be present, however, no official Board business will be conducted. Town of Ithaca Planning Committee Thursday,August 17, 2023 (3:00 PM Aurora Conference Room and on Zoom) Draft Minutes Committee members: Rich DePaolo, Chair; Rod Howe. Margaret Johnson-absent. Board/Staff members: Town Civil Engineer Justin McNeal; Director of Codes Marty Moseley& Director of Planning C.J. Randall. Guests: Alexa Schmitz &Norman Porticella 1. Persons to be heard: None 2. Committee announcements and concerns: none 3. Approval of June meeting minutes: Rich moved; Rod seconded. The July 20, 2023, minutes were approved as presented. 4. Consider request for a Limited Historic Commercial Overlay District for Hayt's Chapel and Schoolhouse 1296-1298 Trumansburg Road. Property owner Alexa Schmitz submitted an updated/revised Narrative Description and Justification for the LHCOD request after receiving the committee feedback and meeting with Marty and C.J. One detail regarding the roof of the Schoolhouse being identified as in need of immediate repair in the Inspection Report but being in the "within 2 years" list on the Preservation plan was discussed. The applicants noted there is not a current internal leak and the repairs in the 1- and 2-year timeline are in order of priority and related available funds. The committee was in favor of the 1296-1296 Trumansburg Hayt's Chapel & Schoolhouse application for the Limited Historic Commercial Overlay District and recommended it proceed to the Town Board for approval consideration. The anticipated timeline noted for the applicant would be an introduction at the next Town Board meeting and setting of a public hearing for the September I Ph meeting.All things in order, the application for a Special Permit could be considered at the September 18th Planning Board meeting. C.J. noted the County Planning 239 submittal would take place the following day(8/18) and the timing of the response should work out with the anticipated Town Board and Planning Board actions. 5. Staff updates and reports. C.J. updated the committee on the following items: *E. Shore Dr pedestrian/bicyclist safety feasibility study kick off meeting is scheduled for 8/24 at 10 a.m. at the Town Hall.Attendees will include NYS DOT, ICSD, ITCTC and other involved parties. *The applicant for the proposed RaNic PDZ was contacted for a status update. He confirmed the property is listed for sale and requested the application for the PDZ remain open. *Initial draft of proposed new subdivision regulations have been sent to Codes, Public Works, Legal and Engineering for internal review and comments. This action is being reviewed by the Town's Codes & Ordinances Committee. *The City of Ithaca released a revised map with the proposed draft Encampment Policy. The Negundo Woods section now do not appear to be included. 1 *A discussion is planned to take place with Tompkins County Housing and Community Development Planner Eliot Beeman and Town Planning reps regarding the potential revision to the Financial Feasibility analysis for South Hill TND due to financial aid and related additional information needed from the analysis. C.J. will keep the committee informed. * Rich asked about the scope for South Hill Traditional Neighborhood Development(TND) Regulating Plan SEQRA Generic Environmental Impact Statement(GEIS)process. C.J. noted the revisions requested by the committee were made and the RFP is ready to be released. *C.J. stated she would follow up with the 3rd potential LHCOD applicant for the Buttermilk Falls Rd E. properties. 6. Next meeting date and upcoming agenda items: September 21, 2023 3:00 p.m. The Town of Ithaca Planning Committee meeting concluded at 3:15 pm. 2 Media Release CCE-Tompkins Agricultural District Review Begins Tompkins County has begun the 8-year review of New York State Certified Agricultural District#2, including land in the Towns of Newfield, Enfield, Ulysses and parts of Ithaca and Danby (approximately 67,100 acres). A map of the district is available at the county clerk's office and can also be viewed on-line at https:Hbit.[V/ag-district-map. Municipalities and land owners within the district may propose a modification of the district by filing such proposal with the County Clerk of the County Legislature by October 10, 2023. If you have questions about the review process, or would like more information, contact Crystal Buck at CCE-Tompkins, 272-2292, cb258@cornell.edu. E-mailed to all daily and weekly publications in the County on September 6, 2023 f. ` Al . -fir.. ..... _ ✓ s �1 �$ y 2 - + t. .ffiA ' 'ram w,=F ri `W - 2W Z y r n . Elm St Ext Parcels Recommended to be Removed: 1. Westhaven Preserve - Town of Ithaca (28.-1-28.226) Re s i d ERR i 511 Lots along Westhaven Road (28.-1-26.1, 28.-1-26.5, 28.-1-26.23, 28.-1-26.221, 280-1-26.223, �', a- - 28.-1-26.224, 28.-1-26.225, 28.-1-26.226, 28.-1-26.227, 28.-1-26.228, and 28.-1-26.229 - New York State Dept of T O M P K I N S COUNTY Agricultural Districts Agriculture and Markets 2021 350000 360000 370000 380000 390000 400000 410000 om 9e sr n9 c ar a !inn F R E C K oom� s O 11 Locke ". i E O � � n h & Lodi i 414 E o COV o i Ag'1 Cortla ®. ER 0 zzz —r M Grew LA SI N G, r-- G O 0 4/-FL� SPND 22 inure U I a 01 I v 4 O p 1€ 392 UAm2Es o '�� r ,,� ° D R Y 1,E Ag 1 o O ecklenbur �f o HE OR q LAPE�E, o 0 0 E N F L D s �l� I—;� � �{ H 0 R D 1� ARF - aen - O R I C I I F 0 R D o 4 s ( 4 Aq(� 1 fir ' ee�eu o � � °E AflEA 6 TE `�' 4 ® asses Ll I TOUR 341 °t n rLI pose 'me B E R K H I R E H O 95 O O Q CA A - 8— I',CANDOR V N 0° s A H e - N wan OO i rw T E w s�e eado, "� eVanev �3 NW A R win 24 O ae p 34 V A L Y 350000 360000 370000 380000 390000 400000 410000 MAP PROJECTION s wee UTM Zone 18,NAD83 meters ,°°°9 s°°° 9 ,9°°9me,e,e Tompkins County DISTRICT CERTIFICATIONS and TOWNS DISTRICT 1 DISTRICT 2 Ag. District 1 F J CERTIFIED 8/5/2020 CERTIFIED 3/28/2017 Caroline Groton Danby Newfield Ag. District 2 Danby Ithaca Enfield Ulysses Dryden Lansing Ithaca MAP SOURCE INFORMATION Map created at Cornell IRIS(Institute Base Map:state250_bw.tif 1998 DISCLAIMER for Resource Information Sciences) Scale: 1:250,000; County boundaries This is a general reference to Agricultural <http://iris.cals.cornell.edu>for the NYS imported from the file nyshore.e00 from the District boundaries; not a legal substitute for Department of Agriculture and Markets NYSGIS Clearinghouse website: actual tax parcel information. <https://www.agriculture.ny.gov> <http://gis.ny.gov> Boundaries as certified prior to January 2021 Agricultural Districts boundary Open Enrollment Annual Inclusions added data is available at CUGIR Base map contains data copyrighted after the certification date are not included (Cornell University Geospatial by the NYS ITS GIS Program. in this data. Check with county agencies to Information Repository)website: confirm the status of individual parcels. <http://cugir.library.cornell.edu> FREQUENTLY ASKED QUESTIONS REGARDING AGRICULTURAL Who benefits from an agricultural district? Does an agricultural district preserve New York's DISTRICTS: farmland? Everyone benefits.Besides its value for the production of food,agricultural land provides many Agricultural districts do not preserve farmland in Agricultural Districts What is an agricultural district? environmental benefits including groundwater the sense that the use of land is restricted to A geographic area which consists predominantly recharge,open space,and scenic viewsheds. agricultural production forever.Rather,districts of viable agricultural land.Agricultural operations Agriculture benefits local economies too,by providing provide benefits that help make and keep farming as a within the district are the priority land use and on-fannjobs and supporting agribusinesses. viable economic activity,thereby maintaining land in Enacted in 1971,New York's afforded benefits and protections to promote the Agricultural land requires less public services than active agricultural use. continuation of farming and the preservation of developed land and results in cost savings for local Agricultural Districts Law(ADL)is a very agricultural land.In practice,districts may include communities. Do agricultural districts eliminate a effective tool for maintaining lands in land that is actively farmed,idle,forested,as well as municipality's ability to control growth? agriculture,and ensuring New York's residential and commercial. Does an agricultural district guarantee a No.To the contrary,an agricultural district can position as an outstanding agricultural farmer's"right to farm"? be an effective tool in helping local governments to state. How is an agricultural district created? The ADL protects farm operations within an manage growth.The existence of a district,for Interested landowners who,collectively,own at agricultural district from the enactment and example,can help direct development away from The ADL recognizes that agricultural least 250 acres or of the land proposed for a district traditional farming areas. lands are important and irreplaceable P P administration of unreasonably restrictive local P P submit a proposal to their county legislative body regulations unless it can be shown that public health or resources,which are in jeopardy of being (CLB).The county agricultural and farmland safety is threatened.The Department evaluates the Can government acquire or condemn protection board(AFPB)and the county planning reasonableness of a speck requirement or process farmland within an agricultural district lost as a result of increasing costs of board(CPB)review the proposal and make imposed on a farm operation on a case-by-case basis. against a landowner's wishes? agricultural businesses,development recommendations to the CLB.The CLB considers the The Commissioner may institute an action or compel a The ADL does not supersede a government's right pressures and regulatory constraints. following factors: municipality to comply with this provision of the to acquire land for essential public facilities like roads The Law seeks to create economic and viability of fainting in the area ADL or landfills.However,the ADL provides a process presence of viable farmland which requires a fiill evaluation of the effects of regulatory incentives which encourage the extent of other land uses Do agricultural districts prohibit selling government acquisitions on the retention and farmers to confrnuefarming.Relying county development patterns and needs land? enhancement of agriculture and agricultural resources primarily on the initiative of landowners Once the CLB adopts the district plan it is The ADL does not restrict the transfer of real within a district. and local governments,with state submitted to the Commissioner.The Commissioner property.The ADL does provide for a real estate determines whether the area consists ofpredominantly transfer disclosure by the seller to the prospective Who bears the cost of the a g rlCUlfural oversight,the law provides agricultural viable agricultural land,whether it is feasible and will landowners with a number o bene is and serve the public interest.The Commissioner shall purchases The disclosure states that the property is assessment benefit.q certify if the above conditions are met and submits a located within i agricultural and and that farming Property taxes saved by farmers el a result of protections described in this brochure. copy of the plan to the Advisory Council on activities including nurse,dust and odors occur withinagricultural assessments must ultimately it made up the district Prospective residents are also informed by all taxpayers in the affected municipality.Farmers, Agriculture. that the location of the property within an agricultural as other homeowners,must bear their fair share of any district may impact the ability to access water and/or tax shift since their residences are not subject to an NEW YORK Agriculture STATE OF 5—services. agricultural assessment. OPPORTUNITY. How are agricultural districts reviewed? and Markets Districts are usually renewed every 8 years.The Do agricultural districts consist entirely of 2019 AGRICULTURAL DISTRICT FACTS: CLB,after receiving the report and recommendation of farmland? Agricultural districts have been created in 53 of the AFPB and after a public hearing,determines Districts must consist predominantly of viable whether the district shall be continued,terminated or .P y. • New York's 62 counties. New York State Department of Agriculture and Markets modified.Duringthe review process,land may b agricultural land.Predominance has been interpreted P ye as more than 50 percent of land in farms.On average, • 174 districts captured over 9 million acres, Land&Water Resources added or deleted from the district.Counties are also districts statewide contain approximately 70 percent including 6.65 million farm acres on 25,673 farms. 10B Airline Drive,Alban NY 12235 required to designate an annua130-day period when y, farmland.The benefits and protections under the ADL, landowners may petition the county for inclusion of • Districts vary in size from less than 2000 to over 516-457-4626 viable agricultural lands in an existing agricultural however,apply only toti farm operations and land used 300,000 acres. district. in agricultural production. The average district size in New York is httos:/lwww.aariculture.nv.aov • approximately 52,200 acres.The average farm size is 259 acres. Agricultural Assessment Limitation on Local Regulation Public Actions Notice Requirements The Commissioner may propose that an The agricultural assessment program allows An increase in the number of non-farm residents Government actions may impact farms and alternative which minimizes or avoids adverse eligible farmland located both within and outside in agricultural areas may result in new zoning and agricultural resources through the acquisition of property impacts be accepted.The applicant must provide a agricultural districts to be taxed at its agricultural regulatory actions by localities which inhibit farming interests or funding of infrastructure development.The detailed evaluation and reasons if the proposed assessment,rather than at its fair market value.The operations.To safeguard against this,§305-a of the ADL(§305,subd.4)requires that State agencies,local mitigation is rejected.At least 10 days prior to agricultural assessment value establishes an"upper ADL prohibits the enactment and administration of governments and public benefit corporations which commencing the action,the applicant must certify limit"for taxable assessments on eligible farmland. comprehensive plans,laws,ordinances,rules or intend to acquire more than one acre of land from any to the Commissioner that adverse impacts will be Amy assessed value which exceeds the equalized regulations by local governments which would active farm within an agricultural district or more than minimized or avoided. The Commissioner may agricultural assessment on the land is exempt from unreasonably restrict or regulate farm operations 10 acres in total from a district,must file a notice of request that the Attorney General institute an real property taxation. within an agricultural district,unless it can be shown intent with the Commissioner and the county agriculture action to compel compliance with any of these Any owner of at least seven acres of land which that the public health or safety is threatened. and farmland protection board at least 65 days prior to requirements. produces a minimum of$10,000 annually,or any The Commissioner may,upon request,initiate a taking the action. Similarly,a notice must be filed for owner of less than seven acres of land which review of the enactment or administration of a local all actions where the local applicant intends to advance produces a minimum of$50,000 annually,on a grant,loan,interest subsidy or other form of public Limitation on Local Benefit Assessments average,in the preceding two ears from the sale of law.The Commissioner is authorized, g P g Y funding for the construction of dwellings,commercial Benefit assessments,special ad valorem levies receive crops,livestock,agricultural livestock products,is eligible to action❑dimly or uponorder a complaint,to bring an k' Paction or issue an order to enforce ADL§305-a. or industrial facilities,or water or sewer facilities to and other rotes or fees for local improvements in receive an agricultural assessment. serve non-farm structures within an agricultural district. certain improvement districts or benefit areas are Start-up farm operations are eligible to receive The Department has developed guidelines on The notice requirement does not apply in the case of an generally calculated on the basis of the value, an agricultural assessment in the first year of the effect of ADL§305-a on enactment and emergency project which is immediately necessary for acreage,or frontage of the properties benefited. operation on owned or rented land if they meet the administration of local laws and regulations.These the protection of life or property. Agricultural operations commonly involve large minimum acreage and sales thresholds. documents are updated periodically and may be tracts of land and multiple structures. The ADL Owners of rented land may qualify for an obtained from the Department's website at The notice requirement provides for a full restricts assessments for local improvements to a lot agricultural assessment if their land independently www.agriculture.ny.gov by clicking on Divisions evaluation of the potential impacts of a government- not exceeding one-half acre surrounding any satisfies the minimum acreage and sales and then Land and Water Resources,or by sponsored acquisition or construction project on famrs dwelling or non-farm structure located on land used requirements or is being used pursuant to a lease contacting the Department at lOB Airline Drive, and farm resources.The ADL and implementing in agricultural production in an agricultural district, agreement of five or more years in conjunction with Albany,New York 12235 or(518)457-3787. regulations require an applicant to provide information and to farm structures directly benefited by the land which independently qualities.Landowners essential to analyzing agricultural impacts along with a p y q services.This limitation does not apply in those must apply to their local assessor annually for an report justifying the proposed project. instances where the benefit assessments,special ad agricultural assessment. Sound Agricultural Practices Upon receipt of a notice of intent that has been valorem levies or other rates or fees were imposed Owners who convert lands benefiting from an The Commissioner may,in consultation with determined by the Department to be complete,the prior to the formation of the agricultural district. agricultural assessment to non-farm use are liable the Advisory Council on Agriculture(ACA),issue Commissioner has 45 days to determine the effect for conversion payments based on the amount of opinions upon request as to whether a particular the action would have on agricultural operations Policy of State Agencies taxes saved. Owners contemplating a conversion agricultural practice is sound(ADL§308).A sound within the district. The ADL(§305,subd.3)directs all State may determine the payment owed by contacting agricultural practice(SAP)refers to the practices agencies to encourage the maintenance of viable their assessor or their county real property tax necessary for the on-farm production,preparation, If it is determined that the proposed action farming in agricultural districts and directs the office. and marketing of agricultural commodities.An would have an unreasonably adverse effect,the modification of their administrative regulations and agricultural practice conducted in an agricultural Commissioner may issue an order delaying the procedures to effectuate this policy insofar as is FOR FURTHER INFORMATION on the creation of district or on land receiving an agricultural action form additional period of 60 days.During consistent with the promotion ofpublic health and i i C h i his time,the Commissioner may conduct a public agricultural districts or the benefits and protections assessment shall not constitute a private nuisance t safety and any federal laws,standards,criteria, public idi hearing,upon providing puc notice,within or they provide,contact your County Cooperative provided that the practice is determined to bean hear rules,regulations,policies or requirements, SAP pursuant to an opinion o if the Commissioner. accessible to the area affected. On or before the including provisions applicable only to obtaining Extension Office or the NYS Department of expiration of the 60 days,the Commissioner must Agriculture and Markets at 1-800-554-4501 or visit The Commissioner is also authorized,in P Y federal funding. httpS://agriCulture.ny.gov/land-and-water/ consultation with the ACA,to issue non-binding, report his or her findings to the local applicant,the agricultural-districts. advisory opinions on a case-by-case basis as to public at large and any public entity having the whether particular land uses are agricultural in power of review or approval of the action. nature.