HomeMy WebLinkAboutCOC Packet 2024-05-09
PLANNING DEPARTMENT
TO: Codes and Ordinances Committee:
Rob Rosen, Chair
cc: Susan H. Brock, Attorney for the Town
C.J. Randall, Director of Planning
Marty Moseley, Director of Code Enforcement
Abby Homer, Administrative Assistant
Paulette Rosa, Town Clerk (email)
Town Administrative staff (email)
Town Code Enforcement staff (email)
Town Planning staff (email)
Town Public Works staff (email)
Media
Susie Gutenberger-Fitzpatrick
Eric Levine
Eva Hoffmann
Chris Jung
Bill Arms
FROM: Christine Balestra, Senior Planner
RE: Next Codes and Ordinances Committee Meeting – May 9, 2024
The next meeting of the Codes and Ordinances Committee is scheduled for Thursday, May 9,
2024, at 5:30 pm in the Town Board Room, located in Town Hall at 215 North Tioga Street. A
quorum of the Town of Ithaca Town Board may be present at this meeting. However, no official
Town Board business will be conducted.
The following items are attached:
1.Minutes from the April 11, 2024, COC meeting.
If you cannot attend this meeting, please notify Abby Homer as soon as possible at (607) 273-
1747, or ahomer@townithacany.gov.
215 N. Tioga St 14850
607.273.1747
www.townithacany.gov
5/2/2024
A TOWN OF ITHACA
NEW YORK&
II 21
TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE
215 North Tioga Street
Ithaca, New York 14850
(607) 273-1747
PLEASE NOTE: This meeting will be held in person in the Town Board Room at Town Hall, 215
North Tioga Street, Ithaca, NY, on May 9, 2024, at 5:30pm.
Members of the public may join the meeting via Zoom:
• Join Zoom meeting: https://us06web.zoom.us/j/87531393743
• Zoom meeting ID: 875 3139 3743
• Dial in phone: 929-436-2866
Meeting of May 9 – 5:30 P.M.
AGENDA
1. Member comments/concerns.
2. Review minutes from April 11, 2024, COC meeting.
3. Review memorandum and potential recommendation relative Modification to
Accessory Dwelling Unit regulations (existing regulations:
https://ecode360.com/32785632).
4. Review 2024 Codes and Ordinances Committee Work Plan.
5. Continue review of Initial Draft Subdivision of Land regulations (existing
regulations: https://ecode360.com/8660770), Article IV.
6. Other business:
• Next meeting agenda.
Town of Ithaca Planning Department
May 2, 2024
1
TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC)
Meeting of April 11, 2024 – 5:30 pm
Shirley A. Raffensperger Board Room, Town Hall
Minutes
Members present: Rob Rosen, Chair, Eric Levine, Eva Hoffmann, Chris Jung, Bill Arms &
Susie Gutenberger-Fitzpatrick.
Staff Present: C.J. Randall, Director of Planning; Chris Balestra, Senior Planner; Susan Brock,
Attorney for the Town; Marty Moseley, Director of Code Enforcement; Dana Magnuson,
Senior Code Enforcement Officer. David O’Shea, Civil Engineer via Zoom.
Guests: none
The meeting began at 5:35 p.m., recorded on Zoom and streamed live on the Town of Ithaca
YouTube channel.
1. Member comments/concerns. The COC discussed a section of the draft Subdivision
Regulations the previous month, related to the mitigation of invasive species during
construction. Eva shared a follow up email with links to practical manuals and documents
that contained advice on how to prevent unwanted spreading of invasive plants during
construction and development. She noted that the topic is often brought up at
Conservation Board (CB) meetings. One of the CB members shared information about a
local Cornell project using methods applied in National Parks; Eva wanted to make sure
that the COC received the information.
2. Review minutes from March 14, 2024, COC meeting. Rob moved to approve the
March 14, 2024, minutes with changes provided by Susan Brock, who read them aloud
and forwarded her proposed changes to the chair and staff prior to the meeting. Bill
seconded. 6 Ayes. Approved.
3. Continued review of initial draft of Subdivision of Land Regulations. C.J. led the
continued review of the draft regulations, changes, and highlights starting with:
Pg 12 of the printout, line 528, §234-27 Minimum Gross area for clustering. C.J. shared the
working draft document on the screen and began by reiterating that all words referencing
“conservation” subdivision will be changed to “cluster,” as agreed to by the committee in the
beginning of the review.
Bill began with general questions on the purpose and intent of the cluster subdivision approach
and asked for explanations on when the cluster is required as opposed to a conventional
approach. He expressed that he thought the requirement for a resource assessment and other
requirements seemed more restrictive and opined that it would be costly for the developer. He
2
summarized by not wanting to burden the town or developer and noting that the complex
resource assessment process should not be a disincentive to developing affordable housing.
C.J. responded that current and proposed language would apply to subdivisions over 5 acres. She
explained why cluster subdivisions can be advantageous to developers, as they save on
infrastructure costs. Developers can also obtain higher densities in smaller areas while preserving
open space. She also referred to the “density bonus” provisions proposed, per recommendations
in the Town Comprehensive Plan. One of the priority housing goals in the Comprehensive Plan
is to encourage clustered development as the preferred method of subdivision.
Chris added examples of cluster subdivisions in the town and noted how the trends have moved
away from traditional or conventional subdivisions because of progressive environmental factors
and infrastructure cost savings.
Eva gave examples of her experience while on the Planning Board, stated that developers liked
the cost savings, and added that there are a lot more resources available to staff and applicants to
proceed with the cluster subdivision approach.
Susan Brock directed the committee to the steps listed in §234-29 H-1 a-c of the draft to clarify
when the cluster subdivision regulations would be applicable. The proposed provisions self-
determine the applicability with calculations. She stated – and the committee agreed - that the
language and steps should be modified to be less convoluted and easier to follow. A guide and
more simple representations would help clarify where and when the cluster regulations are
required. Staff will work on revised language. Staff will also explore creating GIS maps that
represent the various classes listed in the draft regulations for the next version of the law.
There was discussion, along with an informal committee poll, to increase the minimum gross
area for clustering from 5 acres to 10 acres. In the end, the committee decided to keep the
minimum acreage to 5 acres.
Page 13, line 552, §234-28 A. Purpose – A.1. eliminate the word “rural” in the last line. A.2.
Marty asked to what “residential development” was specifically referring, particularly in number
of units. Susan replied that up to a 4-plex is currently allowed.
§234-28 B. Guiding principles - B.2. Marty asked what an “institutional structure” was. This
section should be re-worded to be clearer. It was suggested to add a reference to the town’s
“Manual For The Preservation of Agricultural Land” and other related reference materials for
ongoing maintenance of conservation assets.
§234-28 C. Exceptions - C.2. Change “D” to “E” related to the resource analysis section. C.1.
Susan noted there should be a cross reference here to §234-29 H-1, where applicability is
determined, to alert the reader that there are provisions beyond the exceptions that come first in
the law. Overall, the larger subdivisions are opted in to cluster provisions, unless Planning Board
findings determine there is no reasonable basis for requiring clustered development.
§234-28 (a) Class 1: Constrained or unbuildable land (5) add “easement/” before “right of
way.”
3
(b) Class 2: Priority conservation assets: Woodlands listed in [2] conflicts with woodlands
listed in Class 3 (c)[1].
(c) Class 3: Other conservation assets:
[2] Add the Tompkins County and Town of Ithaca Scenic Resource Inventories.
[3] Land visible from Cayuga lake needs to be more specific (leaves? no leaves?).
[6] Remove the word “classifies as” and add “within a” and remove the plural from UNA –
spell out Unique Natural Area.
[7] Remove “landscapes,” and replace with another reference to the Tompkins County/Town
of Ithaca Scenic Resources Inventories.
The committee discussed having maps available for each of the assets referenced in the three
classes, or another type of guidance document with the data layers available. Chris noted that the
maps with layers are often presented to the Planning Board by staff for projects. Staff will work
on this for future discussions on the law.
Dave suggested defining some of the terms in the class sections. He did not know the criteria for
determining a Critical Environmental Area or what were considered Prime Soils. He suggested
referencing the source of the terms. Chris and C.J. noted there are definitions listed at the end of
the section, although each term may not be there currently.
Susan had a number of comments that she said could be reviewed by staff internally. However,
she asked what was done when an entire parcel fell within a Critical Environmental Area (CEA).
She explained to the committee what a CEA was and noted that the Town Board designated
CEA’s.
Page 17, line 667, (3) Other conservation considerations (a) & (b) Marty recommended that
these need to be more specific; does it mean any public vantage point? Also, the historic
reference should be specific to those listed or eligible to be listed on the National and State
Register of Historic Places. Chris said she’d look at the NYS DEC SEQR Part I form for
language guidance.
Page 17, line 674, (4) Other conservation considerations. Susan suggested listing the
standards the Planning Board could apply to make the determination of which conservation
assets were the most important to preserve. The committee agreed that this would be helpful and
less arbitrary.
Susan suggested that staff might do an analysis/visual representation to identify which parcels
would be entirely precluded from development and which would be majorly precluded, similarly
to what the town did when illustrating the telecommunications law.
For the next COC meeting, C.J. asked the committee to reflect on the next section §234-29
Number of dwelling units permitted. She highlighted existing text that was amended in 2013
“In addition, the density of dwelling units in a clustered development shall not exceed 3.5
dwelling units per gross acre in a Medium Density Residential Zone or 2.3 dwelling units per
gross acre in a Low Density Residential.” She noted that the numbers were similar to what is
currently allowed with conventional/existing zoning, so it’s not really clustering.
4
C.J. asked the committee to carefully consider the density bonus proposed language and gave a
brief summary of the intent of a density bonus. Density bonuses could be assigned by character
area, zoning district, or townwide benefit area, to promote development in areas that supported
utility infrastructure/smart growth concepts. She encouraged committee members to reach out
anytime during the month with any questions.
Bill asked if sketch plan review was necessary. This will be considered next month, when the
committee discusses §234-29 Number of dwelling units permitted, beginning with E(3) line
703.
Other business: next meeting scheduled for May 9, 2024, at 5:30 p.m.
• Agenda: Continued review of initial draft Subdivision of Land Regulations, section
noted above. Revisit Scope of Work schedule and Work Plan.
The meeting was adjourned at 7:00 p.m.
DEPARTMENT OF CODE ENFORCEMENT
215 N. Tioga St 14850
607.273.1783
codes@townithacany.gov
Date: 5/2/24
Memo: to the Code and Ordinances Committee
Re: Modification to 270-219.6 B.(4) of Town Code
Dear Committee Members,
Currently there is a proposal to modify section 270-219.6 B.(4) of Town Code, which is as follows:
(4) Reversion to classification without accessory dwelling unit. To establish that a property that contained
an accessory dwelling unit no longer contains such unit, the following procedures shall be followed:
(a) Any evidence of a kitchen facility or, in the alternative, any evidence of a bathroom shall be
removed from the area under consideration so complete living facilities for one family no longer
exist.
(b) The owner of the property shall sign an affidavit and certification, in a form satisfactory to the
Code Enforcement Officer, to the effect that:
[1] The facilities referred to above have been removed;
[2] Said facilities will not be reinstalled without a building permit or other approval from the
Code Enforcement Department; and
[3] The area from which the facilities were removed will not be used as a separate dwelling
unit until the Code Enforcement Department is notified and any required approvals,
permits or other certificates, including a certificate of occupancy, are obtained.
(c) Such affidavit shall be recorded, at the expense of the property owner, in the Tompkins County
Clerk's office and indexed against the property and the name of the then-owner of the property.
(d) A Code Enforcement Officer may inspect the premises to confirm compliance with this subsection.
(e) The Code Enforcement Officer shall have the discretion to deviate, in whole or in part, from the
procedure set forth above in those circumstances where the officer is satisfied that compliance
may be assured in some other manner.
For the purposes of this discussion, it is helpful to understand what a dwelling unit is legally considered
under Town Code. Section 270-5 defines a dwelling unit as follows:
A dwelling, or portion of a dwelling, providing complete living facilities for one family.
Based on my review of the request, the current proposal would be to allow for a kitchen and a bathroom
to exist and maintain a sleeping area in addition to the main dwelling unit kitchen bathroom and
sleeping area. This would effectively allow for 2 kitchens, 2 bathrooms, and minimum of 2 sleeping areas
per building.
If section 270-219.6B.(4) were amended, this would allow for a building to be considered a single-family
home when the building has a kitchen, a bathroom, and a sleeping area on the main floor and a kitchen,
k TOWN OF ITHACA
NEW YORKII21
a bathroom, and a sleeping area in the basement level. In this example, each portion of the building
would have a portion of the dwelling that would provide complete independent living facilities for one
family, but the building would still be considered to be a single-family dwelling. In this scenario the
maximum occupancy, based on the Town’s definition of a “family” and a building being located in the
Medium Density Residential Zone, would be as follows:
An individual, or (ii) Two or more persons occupying a single dwelling unit, related by blood, marriage, or
legal adoption, living and cooking together as a single housekeeping unit, or (iii)Two unrelated persons,
occupying a single dwelling unit, living and cooking together as a single housekeeping unit. (270-5 of
Town Code).
In addition to the above, the Medium Density Residential Zone allows for an additional roomer boarder,
or lodger in the dwelling, which would allow for a total of three unrelated persons to occupy a single-
family dwelling. Further, we would need to modify the definition of a two-family dwelling and multiple-
family dwelling, as identified in section 270-5 of Town Code, which is as follows:
Two-Family Dwelling: A detached building containing two dwelling units.
Multiple-Family Dwelling: A building or group of buildings on one lot containing three or more dwelling
units.
The amendments to the definitions of a two-family dwelling and multiple-family dwelling would be
required due to these definitions being dependent on the definition of a dwelling unit, as identified
above.
In addition to the zoning laws identified above, the NYS Uniform Code has its own definition for a
dwelling unit. Based on the 2020 NYS Residential Code a dwelling units is defined as follow (R202):
DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling units
include, but are not limited to, one-family dwellings, each unit in a two-family dwelling, each unit in a
multiple single-family dwelling (townhouse), bed and breakfast dwellings, and lodging houses.
Based on the above definition from the NYS Residential Code, a kitchen, a bathroom, and a sleeping area
in the basement, in addition to a kitchen, a bathroom, and a sleeping area in another portion of the
house, would be considered to be a two-family dwelling. Due to this now being a two-family dwelling, it
would require a fire rated assembly be installed between the dwelling units. Please keep in mind that the
NYS Residential Code is independent of the Towns Zoning Code, so even if the Town Zoning determined
that the house was a single family dwelling unit, the NYS Residential Code would still determine that this
house is a two-family dwelling.
Based on all of the information above, I would recommend the following amendments to section 270-
219.6 B.(4) of Town Zoning:
(4) Reversion to classification without accessory dwelling unit. To establish that a property that contained
an accessory dwelling unit no longer contains such unit, the following procedures shall be followed:
(a) Any evidence of a kitchen facility or, in the alternative, any evidence of a bathroom or sleeping
area shall be removed from the area under consideration so complete living facilities for one
family no longer exist.
(b) The owner of the property shall sign an affidavit and certification, in a form satisfactory to the
Code Enforcement Officer, to the effect that:
[1] The facilities referred to above have been removed;
[2] Said facilities will not be reinstalled without a building permit or other approval from the
Code Enforcement Department; and
[3] The area from which the facilities were removed will not be used as a separate dwelling
unit until the Code Enforcement Department is notified and any required approvals,
permits or other certificates, including a certificate of occupancy, are obtained.
(c) Such affidavit shall be recorded, at the expense of the property owner, in the Tompkins County
Clerk's office and indexed against the property and the name of the then-owner of the property.
(d) A Code Enforcement Officer may inspect the premises to confirm compliance with this subsection.
(e) The Code Enforcement Officer shall have the discretion to deviate, in whole or in part, from the
procedure set forth above in those circumstances where the officer is satisfied that compliance
may be assured in some other manner
By inserting the term “sleeping area” into 270-219.6 B.(4) this would allow one to have a second kitchen
and bathroom in a basement, but no sleeping area, which would not be considered to be a second
dwelling unit. The same can be said of a bathroom and a sleeping area, but no kitchen or a sleeping area
and a kitchen, but no bathroom. Due to this still being considered a single-family dwelling unit it would
not require amendments to the definitions of a two-family dwelling unit or a multiple-family dwelling
unit and would still keep the occupancy levels at the same capacity as they are identified currently. In
addition this would not require a fire separation to be installed in a accordance with the NYS Residential
Code because there would not be multiple independent living facilities in a single building.
Town of Ithaca Codes & Ordinances Committee
2024 WORK PLAN
Town of Ithaca Code: https://ecode360.com/IT1944
Regulations in Process:
➢ HIGHEST PRIORITY: Complete Subdivision of Land Regulations (Town Code 234) for
Consistency with NYS Law (last amended 3-8-1993; on this list since 2007); also examine
complementary Code sections (e.g., 153-3: Fees in lieu of recreational land and Limiting
lateral extensions into County-adopted, State-certified Agricultural Districts) per Comp Plan
Goals LU-1-A; LU-1-C; LU-1-E; MS-3-A)
Amending Existing Provisions in Town Code, other Chapters:
➢ HIGH PRIORITY: Consider amendments to Zoning violations and penalties (Town Code 270-
239), requested 5/3/2023;
➢ HIGH PRIORITY: Develop Institutional Zoning (Comp Plan Goals LU-5-A; LU-5-B) based on
scope of work prepared by Planning Committee
➢ HIGH PRIORITY: Consider amendments to Accessory Dwelling Unit Regulations (Town Code
Chapter 270-219.6B (4)), requested 9/26/2023;
Other regulations in Process:
➢ Planning Committee – Revise Chapter 272: New Neighborhood Code (in progress since 6-
2022) Comp Plan Goals LU-1-F; LU-1-G
➢ Planning Committee – Joint City & Town Ithaca Landmarks Preservation Commission
(awaiting City review) Comp Plan Goal LU-6-H
Regulations Completed in 2023:
➢ Amendments to Town Code (Zoning) 270-171.1 Inlet Valley Overlay District (developed in
Planning Committee) – adopted February 2023
➢ Amendments to Town Code (Zoning) Chapter 270-219 Personal Wireless Service
(Telecommunications) Facilities – adopted June 2023
➢ Amendments to Town Code Chapter 144 Energy Code Supplement – adopted January 2023