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HomeMy WebLinkAboutTB Packet 2017-01-23 Meeting of the Ithaca Town Board Monday,January 23,2017 at 4:30 p.m. Agenda 1. Call to Order 2. Consider setting a public hearing regarding a local law"Amend Town of Ithaca Code Chapter 239,entitled `Taxation' by adding a new Article VII entitled `Housing Trust Exemption' to partially exempt from Town taxation residential housing on land owned by housing trusts" 3. Discuss Maplewood project timelines and expectations 4. Discuss changes to the Maplewood Planned Development Zone (PDZ) 5. Consider setting a public hearing regarding the local law to amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to provide a Planned Development Zone for the Maplewood development between Maple Avenue and Mitchell Street 6. Consider setting a public hearing regarding a local law Amending the Town of Ithaca Code,Chapter 270, entitled"Zoning", Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coverage Requirements" 7. Continue discussion regarding moratorium on two-family dwellings and consider setting a public hearing to extend same 8. Discuss final draft of the Planning Department's"Recoding Ithaca: Zoning Review and Approach Report" 9. Continue discussion regarding the recent Housing Summit 10. Committee reports a. COC b. P&O c. Planning d. Public Works e. Budget 11. Consider Consent Agenda items a. Approval of Town Board Minutes b. Town of Ithaca Abstract 12. Board Comments, Official's Reports and review of Correspondence 13. Consider executive session to discuss ongoing litigation—Badger Corporation 14. Adjournment AGENDA MEETING OF THE ITHACA TOWN BOARD Monday, January 23, 2017 TB Resolution 2017 - : Set a public hearing regarding a proposed Local Law to amend Chapters 270 and 271 of the Town of Ithaca Code, to provide a Planned Development Zone for the Maplewood development between maple Avenue and Mitchell Street Resolved, the Ithaca Town Board will hold a public hearing at Town Hall, 215 N. Tioga St. on the 13th day of February 2017 at 5:30 p.m. for the purpose of considering a proposed Local Law to amend Chapters 270 and 271 of the Town of Ithaca Code, to provide a Planned Development Zone for the Maplewood development between maple Avenue and Mitchell Street. Moved: Seconded: Vote: TOWN OF ITHACA LOCAL LAW NO._OF THE YEAR 2017 A LOCAL LAW EXTENDING THE MORATORIUM ON NEW TWO-FAMILY DWELLINGS,AND ON THE ADDITION OF A SECOND DWELLING UNIT TO AN EXISTING ONE-FAMILY DWELLING, THROUGH , 2017 Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings and Purpose. The Town Board of the Town of Ithaca finds: A. The Town Board of the Town of Ithaca adopted Local Law No. 5 of the Year 2016, entitled"A Local Law Providing for a Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling;for a Period of Two Hundred Seventy" (270)Days,"which locallaw became; effective on May 13, 2016, and,expires on February 6, 2017. B. The Town Board and its Planning Committee, along with the Town's Planning Department staff, have been researching and discussing issues related to potential new Town regulations for two-family dwellings. C. The Town Board anticipates that its review,study and consideration of these issues can be completed, and legislation, if needed,can be drafted and properly adopted by 12017. D. The Town Board is concerned that any new legislation would be significantly subverted if development proposals for new two-family dwellings or for the addition of second dwelling units that are covered by the current moratorium were to be entertained and possibly approved before the Town Board considers such legislation. E. Extension of the moratorium until , 2017, will protect the public health, safety and welfare and further the goals of the moratorium by preventing the consideration and approval of these types of development during the limited time the Town needs to complete such review and study and adopt such legislation. Section 2. Local Law No. 5 of the Year 2016 is hereby amended as follows: A. Section 1.K is amended to read as follows: "K. It is anticipated that the Town Board's review, study and consideration of these issues can be completed by 2017, and that legislation, if needed, can be drafted and properly adopted within that timeframe." B. The first sentence of Section 2 is amended to read as follows: 1 "Section 2. Prohibited Actions. The Town Board hereby declares a moratorium through 2017,prohibiting each of the following actions within all zones in the Town of Ithaca except the High Density Residential Zones, regardless of the submittal or receipt of any application prior to the effective date of this local law, unless permitted under Section 3 hereunder:" The rest of Section 2 (paragraphs A-D)remains unchanged. C. Section 7 is revised to read as follows: "Section 7. Term. This local law shall be in effect through 2017, provided, however, that the Penalties section shall remain in full force and effect after such date for the purpose of prosecuting any violation which occurred during the effective period;of this;local law."; Section 3. Any provision of Local Law No. 5 of the Year 2016 not amended herein remains in full force and effect. Section 4. Validity. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 15. Effective Date. This locallaw shall toe effect immediately upon filing with the New York Secretary of State. 2 AGENDA MEETING OF THE ITHACA TOWN BOARD January 23, 2017 TB Resolution 2017 - : Setting a Public Hearing regarding a local law Amending the Town of Ithaca Code, Chapter 270, entitled "Zoning" Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coverage Requirements" Resolved, that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on February 13, 2017 at 5:30 p.m. for the purpose of considering a public hearing regarding a local law Amending the Town of Ithaca Code, Chapter 270, entitled "Zoning", Exempting Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coverage Requirements, and be it further Resolved, that at such time and place all persons interested in said local law may be heard concerning the same, and it is further Resolved,that notice of this public hearing shall be published in the official newspaper of the Town and posted on the signboard of the Town of Ithaca, not less than 10 days and not more than 20 days prior to the hearing. Moved: Seconded: Vote: Ayes — TOWN OF ITHACA LOCAL LAW NO._OF THE YEAR 2017 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270 ENTITLED "ZONING",EXEMPTING TOWN OF ITHACA-OWNED WATER INFRASTRUCTURE FROM HEIGHT,SETBACK,BUFFER AND LOT COVERAGE REQUIREMENTS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XXVII (General Provisions)of the Town of Ithaca Code is amended by adding a new §270-230.2 reading as follows: "§270-230.2. Town of Ithaca-owned water infrastructure. The provisions of this chapter regarding height, setbacks, buffers and lot coverage shall not apply to any Town of Ithaca-owned water infrastructure,including but not limited to tanks, mains,pump stations,and pressure relief valves." Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction,the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State. 1,G E N MEETING OF THE ITHACA TOWN BOARD Monday, January 23, 2017 TB Resolution 2017 - : Set a public hearing regarding a proposed Local Law Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an existing One-Family Dwelling, Through 2017 Resolved, the Ithaca Town Board will hold a public hearing at Town I Iall, 215 N. Tioga St. on the—day of February, 2017 at p.m. for the purpose of considering a proposed Local Law Extending the Moratorium on New"I'wo-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, 'through , 2017. Moved: Seconded: Vote: TOWN OF ITHACA LOCAL LAW NO._OF THE YEAR 2017 A LOCAL LAW EXTENDING THE MORATORIUM ON NEW TWO-FAMILY DWELLINGS,AND ON THE ADDITION OF A SECOND DWELLING UNIT TO AN EXISTING ONE-FAMILY DWELLING, THROUGH , 2017 Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings and Purpose. The Town Board of the Town of Ithaca finds: A. The Town Board of the Town of Ithaca adopted Local Law No. 5 of the Year 2016, entitled"A Local Law Providing for a Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family_ Dwelling,for a Period of Two Hundred Seventy(270)Days,"which local law became effective on May 13, 2016, and"expires on February,6, 2017. B. The TownBoard and its Planning Committee, along with the Town's Planning Department staff,have been researching and discussing issues related to potential new Town regulations for two-family dwellings. C. The Town Board anticipates that its review,study and consideration of these issues can be completed, and legislation, if needed,can be drafted and properly adopted by 12017. D. The Town Board is concerned that any new,legislation would be significantly subverted if development proposals for new two-family dwellings or for the addition of second dwelling units that are covered by the current moratorium were to be entertained and possibly approved before the Town Board considers such legislation. E. Extension of the moratorium until , 2017, will protect the public health, safety and welfare and further the goals of the moratorium by preventing the consideration and approval of these types of development during the limited time the Town needs to complete such review and study and adopt such legislation. Section 2. Local Law No. 5 of the Year 2016 is hereby amended as follows: A. Section 1.K is amended to read as follows: "K. It is anticipated that the Town Board's review, study and consideration of these issues can be completed by 2017, and that legislation, if needed, can be drafted and properly adopted within that timeframe." B. The first sentence of Section 2 is amended to read as follows: I "Section 2. Prohibited Actions. The Town Board hereby declares a moratorium through 2017, prohibiting each of the following actions within all zones in the Town of Ithaca except the High Density Residential Zones, regardless of the submittal or receipt of any application prior to the effective date of this local law, unless permitted under Section 3 hereunder:" The rest of Section 2 (paragraphs A-D)remains unchanged. C. Section 7 is revised to read as follows: "Section 7. Term. This local law shall be in effect through 2017, provided, however, that the Penalties section shall remain in full force and effect after such date for the purpose of prosecuting any violation which occurred during,the effective period of this,local law." Section 3. Any provision of Local Law No. 5 of the Year 2016 not amended herein remains in full force and effect. Section 4. Validity. In the event that any portion of this law is declared invalid by a court of,competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 5. Effective Date. This local law shall take effect immediately upon filing with the New York Secretary of State. 2 AGENDA # 11 MEETING OF THE ITHACA TOWN BOARD Monday,January 23,2017 TB Resolution 2017 - : Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract Moved: Seconded: Vote: ayes: TB Resolution 2017 - a: Approval of Minutes of the December 12th and 29th, 2016 Whereas, the draft Minutes of the December 12th and 29th, 2016 meetings of the Town Board have been submitted for review and approval, now therefore be it Resolved, that the Town Board hereby approves the submitted minutes as the final minutes of the meetings on December 12t" and 29"', 2016 of the Town Board of the Town of Ithaca. TB Resolution 2017 - : Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing 'town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 34 - 107 General Fund Townwide 82,1.74.61 General Fund Part-Town 25,91.0.62 Highway Fund Part-Town 63,421.52 Water Fund 38,097.68 Sewer Fund 313,896.17 Fire Protection Fund 171.00 "frust and Agency 883.55 TOTAL 524,555.15