HomeMy WebLinkAboutCOC Packet 2024-10-10
PLANNING DEPARTMENT
215 N. Tioga St 14850
607.273.1747
www.townithacany.gov
10/3/2024
TO: Codes and Ordinances Committee:
Rob Rosen, Chair
Susie Gutenberger-Fitzpatrick
Eric Levine
Eva Hoffmann
Chris Jung
Bill Arms
FROM: Christine Balestra, Senior Planner
RE: Next Codes and Ordinances Committee Meeting October 10, 2024
The next meeting of the Codes and Ordinances Committee is scheduled for Thursday, October
10, 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. Draft minutes from the September 12, 2024, COC meeting.
2. Conventional and cluster subdivision plat examples – draft presentation (pdf attached to
email mailing-no physical copy in packet)
If you cannot attend this meeting, please notify Abby Homer as soon as possible at (607) 273 -
1747, or ahomer@townithacany.gov.
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
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 October 10, 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 October 10, 2024 – 5:30 P.M.
AGENDA
1. Member comments/concerns.
2. Review draft minutes from the September 12, 2024, COC meeting.
3. Continue review of Initial Draft Subdivision of Land regulations (existing
regulations: https://ecode360.com/8660770), Article IV.
4. Other business:
• Next meeting agenda.
Town of Ithaca Planning Department
October 3, 2024
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TOWN OF ITHACA
CODES AND ORDINANCES COMMITTEE (COC)
Meeting of September 12, 2024 – 5:30 pm
Shirley A. Raffensperger Board Room, Town Hall
Draft Minutes
Members present: Rob Rosen, Chair, Eric Levine, Chris Jung, Bill Arms, Susie Gutenberger-Fitzpatrick, Eva
Hoffmann.
Staff Present: Dana Magnuson, Senior Code Officer; Marty Moseley, Director of Code Enforcement; Susan
Brock, Attorney for the Town; Chris Balestra, Senior Planner; Nick Quilty-Koval, Planner; David O’Shea,
Director of Engineering; C.J. Randall, Director of Planning
Guests: students from Ithaca High School
The meeting began at 5:30 p.m., was recorded on Zoom and streamed live on the Town of Ithaca YouTube
channel.
1. Member comments/concerns. Rob noted the Town Board has a resolution under consideration to pay
the COC members (not Town Board members) a per-meeting stipend.
2. Review minutes from August 8, 2024, COC meeting. Rob moved to accept the minutes; Eva seconded
and offered one clarification to a statement in addition to the proposed modifications by Susan Brock.
All members voted in favor of approval of the August 8, 2024, COC meeting minutes as amended.
3. Continued review of initial Draft Subdivision of Land regulations: Planner Nick Quilty-Koval began
with a presentation of potential cluster subdivision site layouts for the three parcels previously used for
visual representations at the last COC meeting on the topic. Nick noted again that these parcels were
chosen for their similar size, unique forest, and wetland characteristics, MDR zoning and availability of
water and sewer infrastructure.
Each site included a resource analysis with a profile and density yield calculation, which set forth the
numbers used for different cluster layout versions on each site. These showed a mix of single-family
homes with ADU’s, townhomes and multi family dwelling units as well as cul-de-sac and through-road
options.
Susan stated the existing cluster subdivision regulations do not allow uses that are not permitted in the
base zoning and questioned the multifamily buildings on the site layouts. She stated that multifamily
dwelling units are currently only allowed in a MR zone. She asked the committee if they want to
consider allowing “apartment buildings” or other uses not currently permitted in cluster subdivisions
(which would then also require a zoning law change). Otherwise, the committee should just look at the
layouts as illustrative examples.
Bill expressed his continued concern that the cluster regulations being required by developers in the new
language seemed even more restrictive now after seeing the visual representation. He opined that it
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forces a very standardized dense layout in all MDR zones. He felt that the cluster style would be
constraining and not appealing to buyers, to the town or developers.
Bill also asked where in the text required the roadway acreage to be removed from the buildable area
calculation. Nick and C.J. replied that NYS Town Law had language that talks about the removal of
parks, open space, roads, and environmental constraints from developable land calculations. Susan
added that this specifically may need to be added to our cluster subdivision law to make it very clear for
staff and developers.
Planning staff explained that the cluster style of development preserves the natural features of the land
while reducing the costs to the developer by allowing the development to have a physically smaller
footprint on the land. Clustered development also provides long term savings to developers because they
need to maintain less road infrastructure after a project is developed. Municipalities and taxpayers also
save money on utilities, roads, and other infrastructure. It was also noted that conventional subdivisions
do not require preservation of natural features of the land, and they could all be wiped out in a
conventional subdivision.
C.J. mentioned that there is an exemption section proposed in the language that gives the Planning
Board the authority to not require cluster under certain circumstances/unique situations, after making
findings. Chris B reminded the committee that clustered development also provides a variety of lot sizes
and housing sizes and styles that allow for those making less than median income to afford housing and
that affordable housing development is a priority in the town and in NYS. Large homes on large lots are
not affordable on a median income. Cluster developments with smaller homes and lots are more
affordable to buyers in the median income range due to the lower cost to build for developers.
Eva expressed that she would like to see connectivity between the large open space areas and not
random placement of small sections of open space. She also felt if there were no site constraints or
environmental reasons as a basis for cluster, then it should be an option and not required. Possibly
having two types of cluster, one requiring more natural preservation and one requiring less could be an
option as well.
Eric noted that areas high in natural resources would benefit from a cluster approach by having the
resources preserved. He asked what the benefit is on land without natural features to preserve.
Chis J. asked if preserved land could be used for recreational uses or if it stayed untouched, adding that
garden plots, parks, playgrounds, and dog parks would be appealing to residents and an advantage to the
community. The existing law addresses parks and recreation land and there is a 10% requirement of the
gross area of the subdivision be reserved for a park. The Planning Board has the right to waive the
requirement if they do not find it necessary and a fee in lieu can be collected. Planning staff responded
that the proposed provisions would allow some preserved land to be used for recreational purposes but
not all preserved land and that it would depend on the Classification level (e.g., Class 1 resources would
not allow any development, as they are the areas with the steepest slopes, are not developable due to
State and Federal requirements, etc.)
Marty asked specifically how Class 1 resources would be used. Staff replied that it is very site specific
and would depend on the proposal. Part of the requirements would include submitted a “Land
Management Plan” for the preserved land. The Land Management Plan would be included in easement
language to be enforceable by the town. The town’s Park, Open Space, and Recreation Plan was
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referenced when the committee was talking about parks. The need for parkland would be on a case by
case basis and would depend on whether a site already had a park nearby.
Rob asked the committee if requiring less preserved land would be less concerning to the committee.
The existing regulations have a 10% requirement - the draft new language has 40% (and in addition,
100% of all Class 1 resources, 80% of Class 2 resources, and 40% of Class 3). Rob proposed that staff
prepare another presentation for the next COC meeting that used the same three sites but showed less
preserved land. This would allow larger lots and would visually show the COC a less dense option.
Susie felt comfortable with the language proposed by staff in the draft and asked where the staff derived
at the percentage of land to be preserved. Staff explained that there were various professional resources
that were researched, including other municipal laws, studies, and professional planning books.
The committee then went into a short discussion on what the Class 1, 2, and 3 resources included, what
sorts of uses would be allowed within each class, and what sorts of structures could be constructed in
each class (if any). Chris B read the proposed language for everyone, starting with the Class 1
constraints: not developable at all due to State and Federal requirements, steep slopes, and other
things—no buildings/structures would be allowed. Class 2 and Class 3 resources had more leniency.
According to the draft law, Class 3 resources contain language relative to recreational resources and
public land connectivity. She surmised that that is where there could be room for uses such as dog parks,
trails, garden plots, etc.
Nick stated that his examples showed preservation requirements in most cases that exceeded the
minimum numbers in the draft law; and that the examples were geared more towards conservation of
natural resources rather than maximizing full development potential. Rob and Susan reiterated the
request to have staff prepare another presentation for the next COC meeting that used the same three
sites but showed less preserved land, particularly using the minimum preservation requirements noted in
the draft law. The committee agreed that this would be a good idea, and expressed desire to see example
scenarios that also show community buildings, common areas, etc., as is the case in real life with the
Amabel, EcoVillage, and Commonland developments. Nick will prepare these for the next COC
meeting.
Other business: next meeting scheduled for October 10, 2024, at 5:30 p.m. All members noted that they would
be in attendance.
• Agenda: Continued review of the draft subdivision regulations
The meeting adjourned at 7:00 p.m.
Subdivision Review
COC –10/10/2024
Site One Resource Analysis
Class 1
+Does not contain wetlands
+No floodzones or
floodways
+Does not contain slopes ≥
40%
+Not within 25ft of the
mean high water mark of
Cayuga Lake
+Does not contain existing
or public utility
+No prime or prime if
drained soils
+No included or adjacent
historic sites
+No Ithaca CEA’s
Class 2
+Does not contain rare or
vulnerable ecological
communities
+Contains woodlands
+No prime or prime if
drained soils
+Contains slopes between
15 and 40 percent
Class 3
+Contains woodland and
existing mowed lawn
(white area)
+Not land visible from
Cayuga Lake
+Does not contain or abut
historic sites
+No prime or prime if
drained soils
+Does not contain land
within Tompkins County
Unique Natural Areas
+Not within the Scenic
Resource Inventory
+Contains trails
+Provides connectivity to
public land
+Publicly accessible
Site One Cluster
+82 dwelling units
+36 Single-Family Homes (1,800sqft)
+Depicted as white outlined
rectangles in the image
+36 Garage + ADU (700sqft)
+Depicted as black outlined squares
in the image
+5 Duplexes (10 dwelling units )
+Depicted as small white rectangles
along the eastern (right) property line
in the image
Version 3
Site One Resource Analysis*
Version Site
Size
Permanent
Preservation (40%
of all land minus
Class 1)
Class 1
Total
(100%)
Class 2
Total
(80%)
Class 2
Proposed
Preservation
Class 3
Total
(40%)
Class 3
Proposed
Preservation
Cluster
v1
27.97 11.18 N/A 22.49
(17.99)
19.69 0.75 0.75
Cluster
v2
27.97 11.18 N/A 22.49
(17.99)
18.73 0.75 0.75
Cluster
v3
27.97 11.18 N/A 22.49
(17.99)
15.74 0.75 0.38
Dwelling Unit Breakdown
Estimated
Density
Conventional
Yield (minus
10% for
roadway)
Cluster v1 Cluster v2 Cluster v3
83 74 74 79 82
Version 1 Version 2 Version 3
* Values are shown in acres
Site Two Resource Analysis
Class 1
+Contains wetlands
+No floodzones or
floodways
+Does not contain slopes ≥
40%
+Not within 25ft of the
mean high water mark of
Cayuga Lake
+Contains a Class B
Stream
+100ft setback
+Contains sanitary sewer
easement
+No prime or prime if
drained soils
+No included or adjacent
historic sites
+No Ithaca CEA’s
Class 2
+Contains a significant
natural community
+Floodplain forest
+Perched Swamp White
Oak Swamp
+Claucous Sedge
(Threatened shrub)
+Gray Petaltail (Special
Concern Dragonfly)
+Contains woodlands
+No prime or prime if
drained soils
+Stream buffer shown in
blue
+Does not contain slopes
above 15%
Class 3
+Contains woodland and
existing mowed lawn
(white area)
+Not land visible from
Cayuga Lake
+Does not contain or abut
historic sites
+No prime or prime if
drained soils
+Does not contain land
within Tompkins County
Unique Natural Areas
+Not within the Scenic
Resource Inventory
+Does not contain trails
+Does not provide
connectivity top public
land
Site Two Cluster Version 3
Cluster Subdivision Layout
+44 dwelling units, no accessory
dwellings
+28 Townhomes
+Shown as grouped
rectangles
+8 duplexes (16 dwelling units )
+Shown as standalone
rectangles with solid
redline driveways
Site Two Resource Analysis*
Version Site
Size
Permanent
Preservation
(40% of all land
minus Class1)
Class 1
Total (100%)
Class 2 80%
min. (total)
Class 2
Proposed
Preservation
Class 3
40% min.
(total)
Class 3
Proposed
Preservation
Cluster v2 23.07 7.28 4.86 (4.86)14.08
(17.60)
12.23 N/A N/A
Cluster v3 23.07 7.28 4.86 (4.86)14.08
(17.60)
13.64 N/A N/A
100 ft stream
setback line
Dwelling Unit Breakdown
Estimated
Density
Conventional
Yield (minus
10% for
roadway)
Cluster v2 Cluster v3
53 45 45 44
Version 2 Version 3
* Values are shown in acres
Site Three Resource Analysis
Class 1
+Contains a wetland
+Does not contain floodzone or
floodway
+Does not contain slopes ≥ 40%
+Not within 25ft of the mean high
water mark of Cayuga Lake
+Contains a Class C Stream
+100ft setback outlined in
adjacent map
+Does not contain easement or right
of ways
+May contain sightlines to Cayuga
Lake
+No Ithaca CEA’s
Class 2
+Does not contain rare or
vulnerable ecological
communities
+Contains a Principal
Aquifer
+Contains woodland
+Does not contain prime or
prime if drained soil
+Stream buffer shown in blue
+Contains slopes between 15
and 40 percent
Class 3
+Contains woodland and mowed
fields
+Not land visible from Cayuga Lake
+Does not contain or abut historic
sites
+Does not contain prime or prime if
drained soil
+Does not contain land within
Tompkins County Unique Natural
Areas
+Not within the Scenic Resource
Inventory
+Does not contain trails
+Does not provide connectivity top
public land
Site Three Cluster Version 3
+Cluster Subdivision Layout version 3
+72 dwelling units
+26 Single Family Homes (1,800 sqft)
+26 Garage + ADU (700sqft)
+10 Duplexes (20 dwelling units)
Site Three Resource Analysis*
Version Site
Size
Permanent
Preservation
(40% of all land
minus Class1)
Class 1
100%
(total)
Class 2
80% min.
(total)
Class 2
Proposed
Preservation
Class 3
40% min.
(total)
Class 3
Proposed
Preservation
Cluster v2 34.26 10.37 8.32 (8.32)11.18
(18.02)
18.53 N/A N/A
Cluster v3 34.26 10.37 8.32 (8.32)11.18
(18.02)
13.6 N/A N/A
100 ft stream
setback line
Dwelling Unit Breakdown
Estimated
Density
Conventional
Yield (minus
10% for
roadway)
Cluster v2 Cluster v3
76 64 72 72
* Values are shown in acres
Version 2 Version 3