HomeMy WebLinkAbout2018-03-22-Steering Committee-FINALTOWN OF ULYSSES
ZONING UPDATES STEERING COMMITTEE
FINAL MINUTES
Thursday, 03/22/2018
Approved: May 3, 2018
Call to Order: 7:00 p.m.
Present: Chair Liz Thomas, and Committee members Michael Boggs, John Gates, Rod Hawkes,
Darby Kiley, Diane Hillmann, Roxanne Marino, Sue Ritter, Bob Howarth, and Rebecca
Schneider.
Public in Attendance: Greg Reynolds, Steve Morreale, John Wertis, and John and Linda Liddle.
Agenda Review; Minutes Review (03/01/2018)
Ms. Thomas MADE the MOTION to accept the amended March 1, 2018 meeting minutes, and
Mr. Hawkes SECONDED the MOTION. The motion was unanimously carried, 10-0.
Privilege of the Floor
Mr. Wertis reminded ZUSC that retaining the current zoning remains an option. The Ag
Committee has stated the current zoning of A1 and R1 zones is adequate. He also said there
needs to be more time for each stakeholder group to offer their comments in time for ZUSC’s
monthly meetings. Given the timing of each stakeholder group’s meetings, it is difficult to
address concerns before ZUSC has moved onto other topics.
Draft Zoning Map
Ms. Thomas gave an overview of the zoning work, including the scope of the NYSERDA grant.
ZUSC needs to come to a consensus on what method or system it will use to preserve ag land
and open space because the Town Board must soon vote on a proposal. There are many factors to
consider, including rights of farmers, the rights of farmers and rural residents, affects on natural
resources, and whether the system adheres to goals outlined in the Comprehensive Plan and Ag
and Farmland Protection Plan. She suggested ZUSC members give their individual thoughts on
the system options tonight and postpone discussion on Jacksonville.
Addressing the zoning map, Mr. Howarth said there needs to be clarification that contiguous lots
owned by the same owner are not considered a single parcel. ZUSC members noted this for
future consideration.
Mr. Morreale gave a presentation using GIS maps to show how land could be developed under
certain zoning parameters, like 200 feet vs. 400 feet minimum road frontage. Mr. Wertis
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commended the visualizations and noted much of the data being presented is in the Ag and
Farmland Protection Plan, which, he added, should not be underutilized.
A/R – Agricultural/Rural Zone: clarification of subdivision for ag/rural; road frontage
widths, acreage maximum and minimum, allowing two 2-family residences on a lot
Ms. Marino said she and Mr. Howarth further explored the 80/20 proposal put forward by the
BZA. Under the plan, at the time of first subdivision, 20 percent of a given parcel could be
developed however the landowner wants, while the remaining 80 percent would be prohibited
from being developed for housing. Ms. Marino and Mr. Howarth outlined their memo, with Ms.
Marino noting that consideration was given to a scenario put forward previously by Mr. Boggs,
who questioned how development rights would be allocated if a 100-acre lot were divided in
half. Having met last night, the Board of Zoning Appeals unanimously endorsed the 80/20
concept.
According to Ms. Thomas, Town Attorney Mariette Geldenhuys has said a property owner,
under the 80/20 concept, can divvy up development rights to subdivided parcels however they
want. Ms. Schneider said it is imperative that this concept, including information regarding
stream setbacks and buffers from septic systems, be communicated to potential sellers and
buyers. Buyers have to know what they are getting and what the restrictions are. Most people in
the slope overlay district do not have a clue what can and cannot be built on, she said. Ms.
Thomas noted that the Town of Ithaca put together a summary brochure that explains what their
zoning is. Something similar has been on the Town of Ulysses’s to-do list for a while. Once new
zoning is passed, it would be a good idea to reach out to realtors.
Responding to a question about the 80/20 concept from Mr. Gates, Ms. Marino said the seller
would ultimately decide how development rights are divided among fragment parcel(s).
ZUSC members then offered their individual comments on the 80/20 plan. Ms. Marino said
80/20 offers more flexibility, but she would not support it without a 2-acre minimum lot size and
400-foot minimum road frontage. Mr. Boggs likes the plan, 2-acre minimums, 400 feet of
minimum road frontage and prefers to cap the number of homes per lot to one. He is on the fence
regarding the 25-year reset. Ms. Schneider likes the 80/20 idea, 2-acre minimums and 400 feet of
frontage, but noted several areas of concerns like flag lots, number of homes per lot, tracking
development rights across parent and fragmented parcels, and mapping. What is the difference
between an overlay district and a new zone? she asked. Ms. Kiley said the Town’s Lakeshore
and Conservation zones are underlying zones with overlays for steep slopes and unique natural
areas (UNAs). Any development proposal in an overlay goes through site plan review, and all
underlying rules of the zone still apply in the overlay areas. Ms. Schneider cautioned that what
the Town allows will happen; unless there are “should” and “must” written into the law, overlays
are not protective enough. Ms. Ritter mentioned the Town of Ithaca’s critical environmental
areas (CEAs), which are their own zone and which have more stringent standards than an
overlay.
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Continuing with the round table, Mr. Gates said the Ag Committee does not see justification for
any changes in current zoning, and there is no evidence of extensive development pressure in the
Town.
Both Mr. Hawkes and Ms. Thomas support the 80/20 concept, while Mr. Hillman abstained from
offering an opinion on the matter. Ms. Ritter said she is still considering option 1, with 15 as the
dividing number to determine number of subdivisions, and is concerned with doing away with
maximum lot sizes and having 200 feet of road frontage. She also questioned the legality of the
80/20 plan. Perhaps the Town Board could consider a hybrid approach if the 80/20 concept is not
viewed favorably. She also expressed concerns with tracking the development rights across
parent and fragment parcels. Ms. Kiley said she has warmed to the 80/20 plan and characterized
tracking subdivision rights as an important exercise for the Town. Developing a spreadsheet to
track subdivisions will be imperative.
A question from Mr. Wertis regarding permissible uses on ag properties sparked a broader
discussion. Ms. Schneider said the question of which uses are allowed on the 80-percent
preserved land will be key. Certain uses, like microbreweries – which she said are polluting – are
not desirable for prime soils. Breweries were briefly discussed before the topic turned to
dwellings per lot and setbacks, specifically whether a 50- or 75-foot frontyard setback was
favorable. Several ZUSC members expressed their preference for a 50-foot frontyard setback,
and some preferred one principle dwelling per lot as opposed to two. As for the 25-year reset of
subdivision eligibility, a majority of ZUSC members were against it, with Ms. Thomas and Mr.
Gates in favor.
Resolution Recommending a System to Help Preserve Farmland and Open Space in the
Future in the Town of Ulysses
Ms. Thomas MADE the MOTION to approve the resolution, with opt ion 2 as the preferred
system, and Mr. Howarth SECONDED the MOTION as follows:
1. Whereas the following foundational documents instruct the town to preserve farmland
and open space: the Ulysses Comprehensive Plan (2009), the Ulysses Agriculture and Farmla nd
Protection Plan (2013), the Tompkins County Comprehensive Plan (2015), and the Tompkins
County (2015), and NYS Ag and Markets section 25AA §300 Declaration of legislative findings
and intent; and
2. Whereas, In November 2017, the Zoning Update Steering Committee (ZUSC) released a
draft of the A/R -Agricultural/Rural Zone to help preserve farmland and open space using
techniques that included limitations on subdivision of parcels, a maximum lot size, and other
revisions to the existing A1-Agricultural District; and
3. Whereas, at a ZUSC meeting on 1/18/18 where two representatives from each of the
following committees was invited to join in discussions with ZUSC: Planning Board, Board of
Zoning Appeals, Conservation and Sustainability Committee, and Agricultural Committee, and
where a straw poll was taken to gauge whether the group was in agreement that the zoning
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document should help reduce the amount of residential development in the ag/rural zone, and the
majority of the group was in favor of reducing residential development; and
4. Whereas, on January 18, 2018, the ZUSC passed a resolution inviting one representative
from these groups to participate and vote at future ZUSC meetings; and
5. Whereas, the expanded ZUSC was presented with the compiled public comments
received on the draft through January 25, 2018, to review and consider during the deliberations;
and
6. Whereas, the expanded ZUSC discussed and reviewed the ag/rural zoning at subsequent
meetings on 2/8/18, 2/22/18, and 3/1/18;
NOW THEREFORE BE IT RESOLVED that the Zoning Update Steering Committee
recommends the following technique be used by the Town of Ulysses in the Ag/Rural zoning to
preserve farmland and open space.
That the expanded ZUSC recommends the following lot dimensions and subdivision limitations
for the Town Board’s review
1. A limit of 20% of the total parent parcel acreage may be developed in future subdivisions
for residential or non-agricultural use
2. Newly created lots shall have the following dimensions
a. Minimum of 2 acres (no maximum lot size)
b. Minimum lot width at the front lot line of 400 feet
c. Minimum lot depth of 200 feet
d. Lot coverage of 5%
3. The zoning shall include provisions for cluster subdivisions with density bonuses (which
allow for more residences than traditional cluster).
FURTHER RESOLVED that while zoning is the focus of the current steering committee effort,
the expanded Zoning Update Steering Committee recommends that the Town Board pursue
options for establishing a purchase of development rights program and agricultural lands and
open space.
The vote was 9-1 in favor of the resolution, with Mr. Gates casting the lone dissenting vote.
Result: Resolution passes
Ms. Schneider said she still needed to discuss some of the above parameters with the Planning
Board. If there are serious concerns, she will bring them to ZUSC.
Mr. Wertis said the evening’s agenda did not mention a vote; ZUSC is recording votes on the
zoning proposal even as some stakeholder groups have yet to meet to discuss this. He said he
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appreciated Ms. Schneider’s reservations on some of the matters being voted on. Ms. Thomas
said the vote does not mean an end to the discussion; ZUSC must vote on a draft to bring to the
Town Board for review.
Mr. Howarth MADE the MOTION to establish a 75-foot frontyard setback in the Ag/Rural
Zone, and Mr. Boggs SECONDED the MOTION. The motion failed, 4-6; voting in favor were
Mr. Boggs, Ms. Schneider, Mr. Hawkes, and Mr. Howarth.
Ms. Ritter MADE the MOTION to establish a 50-foot frontyard setback in the Ag/Rural Zone,
and Mr. Gates SECONDED the MOTION. The motion carried, 6-4; voting in favor were Ms.
Kiley, Ms. Marino, Mr. Gates, Ms. Thomas, Ms. Hillman, and Ms. Ritter.
Mr. Boggs MADE the MOTION to limit one principal dwelling per lot in the Ag/Rural Zone,
and Mr. Howarth SECONDED the MOTION. The motion carried, 9-1, with Mr. Gates casting
the lone dissenting vote.
How design standards apply to new agricultural uses (signs, parking, loading docks)
Ms. Thomas gave a brief overview of some of the complaints received on the design guidelines.
She suggested ZUSC tackle design guidelines at its next meeting on April 4. If anyone has issues
with areas within the design standards, share them ahead of the next meeting, she said.
What about permissible uses? Ms. Schneider asked. Ms. Thomas advised Ms. Schneider to bring
any concerns to ZUSC’s next meeting. Speaking to the group, Ms. Thomas said some decisions
have been made tonight , but that does not mean you cannot go back to your respective
committees and bring ZUSC more ideas. The zoning draft is still in shaping mode.
A question that still remains, Mr. Morreale said, is how many people would actually be affected
by zoning changes. There are some 2,030 parcels in the Town of Ulysses (excluding the
Village); 700 parcels are in the A1 Zone; of those, roughly 210 are more than 10 acres, and
several individuals own multiple parcels. He suggested that those ultimately affected are minimal
compared to the majority of Town residents.
Privilege of the Floor
Mr. Reynolds said it seemed some ZUSC members would like to preserve farms as conservation
areas and not active farmland. Mr. Wertis referenced a case study in the American Farmland
Trust in which the Town of Ithaca’s model for farmland preservation received criticism from
local farmers. However, Ms. Ritter said she reviewed the Town of Ithaca process and found that
its ag committee was supportive of the proposal but did not get everything it wanted into the law.
She is not sure where the case study got its material regarding criticism, since minutes from the
Town of Ithaca’s ag committee do not reflect it.
Mr. Hawkes MADE the MOTION to adjourn the meeting, and Mr. Howarth SECONDED the
MOTION. The motion was unanimously carried.
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Meeting adjourned at 9:10 p.m.
Respectfully submitted by Louis A. DiPietro II on April 10, 2018.