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HomeMy WebLinkAboutCOC Packet 2025-02-13PLANNING DEPARTMENT 215 N. Tioga St 14850 607.273.1747 www.townithacany.gov 2/5/2025 TO: Codes and Ordinances Committee: Bill Arms Chris Jung Eva Hoffmann Margaret Johnson Rob Rosen, Chair Susie Gutenberger-Fitzpatrick FROM: Christine Balestra, Senior Planner RE: Next Codes and Ordinances Committee Meeting February 13, 2025 The next meeting of the Codes and Ordinances Committee is scheduled for Thursday, February 13, 2025, 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 December 12, 2024, COC meeting 2. Approved 2025 Meeting Schedule 3. Copy of the Town Complete Streets Policy 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 NEWYORK1121 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 February 13, 2025, 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 February 13, 2025 – 5:30 P.M. AGENDA 1. Member comments/concerns. 2. Review draft minutes from the December 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 February 5, 2025 1 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC) Meeting of December 12, 2024 – 5:30 p.m. Shirley A. Raffensperger Board Room, Town Hall Draft Minutes Members present: Rob Rosen, Chair, Susie Gutenberger-Fitzpatrick Chris Jung, Eva Hoffmann & Eric Levine. Member excused: Bill Arms. Staff Present: C.J. Randall, Director of Planning; David O’Shea, Director of Engineering; Dana Magnuson, Senior Code Officer; Marty Moseley, Director of Code Enforcement; Susan Brock, Attorney for the Town; Christine Balestra, Senior Planner. Guests: Two high school students in the audience. The meeting was recorded on Zoom and streamed live on the Town of Ithaca YouTube channel. 1. Member comments/concerns. Rob noted Bill Arms was absent but provided e-mail comments related to the draft subdivision regulations. Paper copies were passed out for members. 2. Review minutes from October 10, 2024, COC meeting. Susie moved to accept the minutes; Eric seconded, minor changes were submitted by Susan Brock and accepted. All members voted in favor of approval of the October 10, 2024, COC meeting minutes as amended. 3. Review proposed 2025 Codes and Ordinances Committee Work Plan. C.J. was asked to explain the Complementary Code” sections to be reviewed under the Highest Priority section. She stated that the 2024 Work Plan included the same language and is part of the previously-identified Comprehensive Plan goals. Rob asked when the Town Board would be expecting the final draft of the Subdivision Regulations. C.J. explained that a revised draft would be provided to the COC first, by or during Q2 of 2025, and the committee will be responsible for making a formal recommendation to the Town Board. Rob was concerned about the timing for the COC to go through the Complementary Code Sections revisions while also reviewing revised Subdivision Regulations. C.J. offered that the Planning Committee, rather than the COC, could look at some of the sections. Rob recommended that the technical work be done outside the COC for the Complementary Code sections. There were no objections. The committee would instead like to see a summary of the outcome of the technical review for those sections when they are completed. The COC was overall comfortable with the draft 2025 Work Plan and supported staff working through the language and presenting revisions, as necessary. Review Draft 2025 meeting schedule (moved up from Other Business). The committee reviewed and approved the draft meeting schedule for 2025. The schedule will be the same as in 2024 (second Thursday of the month at 5:30pm) 4. Continued review of Draft Subdivision of Land regulations. The committee picked back up with Section H. Conservation subdivision design steps and review procedures, line 820. Some of this 2 language was previously discussed. The comments made by staff and committee members are noted as follows: H (2) (b). Define steep slope or eliminate the specific examples in the text and add a table with specific Class 1, Class 2, etc. definitions. Cross reference if it’s defined elsewhere. H (2) (c). “Conservation goals” - whose goals? the town’s? the subdivider’s? There needs to be a list of all the criteria spelled out that must apply if it is the town’s goals in order for the Planning Board to evaluate the application. C.J. mentioned the Agricultural Plan, Park, Recreation, and Open Space Plan, and Scenic Resources Inventory as resources for this section. Staff will wordsmith to reference those specifically or will create a list of the criteria to assist the Planning Board. This may exist already and will just need to be connected for clarity. Staff will work on this. H (5) (c). Staff will work on wordsmithing references to materials being required unless “waived” – there should be specific standards for the waiver, and they should be listed. I-Permanent Open Space. Rob read Bill’s comments and opinions related to this section, to amend or delete it to prevent high cost to future homeowners or renters. Deleting or amending this section was not recommended by staff and was noted as the key piece and concept of a clustered subdivision. The concept also already exists in the current law. Rob noted that the modeling shown in previous meetings illustrated that more units can be built by utilizing the proposed open space calculations. Therefore, the overall cost would be less to the developer and could even be a more beneficial subdivision option. The committee appreciated Bill’s comments but disagreed with him. The COC felt that larger homes on larger lots would be more costly in terms of infrastructure and maintenance and would take more resources than smaller homes on smaller lots. The committee also decided that the 40% open space requirement did not appear to be too cost prohibitive for developers to pursue and the open space itself would be a benefit to the homeowners around it. I (2)(b). Add “Institutional” to the uses listed and define it as well within the subdivision chapter pull examples of uses from the Comprehensive Plan). I (2) (b) [2]. Marty asked who would enforce this section about forestry being conducted in conformity with applicable best management practices. Chris stated that the Planning Department would conduct these inspections and be responsible for this enforcement and explained that Mike Smith and Joe Talbut (senior planner and town parks manager, respectively) currently inspect and monitor existing forest management plans and conservation easements in the town. This can be clarified in I (2) (b) [3] [1] (e) and I (2) (b) [3] [2]. Right now, the Codes, Planning, and Engineering Departments work together to flag properties in the town’s system and identify the formally recorded legal designations. The inspection processes take place annually. For this regulation, the town could also mirror the due process language that the Town Board is currently considering (zoning, penalties, and violations). 234-30 Lots. Staff will wordsmith this section to clarify if it applies to all lots in the regulation or just for clustered subdivisions. 234-30 (staff noted duplicate numbering – will fix) Buffer Zone requirement. Staff will review this section, as it may be redundant and can be completely deleted. 3 234-31 Building Placement and Design. Consider “buildable area” or other word instead of building envelope.” Susan Brock has comments on this (her version 234-27, pg.28). Staff will review and figure out if the section applies to all lots or just those within a clustered subdivision. Staff note- all numbering from here on is off and will be fixed for next regulation iteration] Article V. Reservation Requirements: 234-29 Required improvements A. This is a standard provision in NYS Town Law. Marty asked how the Planning Board could assure the property…is protected against such dangers as flooding and erosion.” Possibly add the word “help” in between “to” and “assure.” Staff will wordsmith. C. Delete. D. Replace the word “tender” in the second to last line with a more recognized applicable term. 234-21 Reservation of land for public utilities. Section E seems confusing. Fix the awkward first sentence (delete “can be had”) Delete last sentence. 234-22 Reservations of parks and recreational land D [1]. Double check the section code number and confirm content of Editor’s Note. 234-23 Transportation Network A. Eva requested that the town reserve designated walkways to connect existing and new developments. Chris explained that the town already does this via the Town Complete Streets Policy but that it was also the intent of the subdivision regulations to do so. C. Replace “Planning Board” with “Director of Code Enforcement,” as the names of the road often change after the Planning Board process and are overseen within Code Enforcement Department. The committee ended here, with line 1128/1129 Section B of §234-23 Transportation Network and will pick back up in January. Chris asked if the committee would like to see the Town Complete Streets Policy. The committee agreed, so Chris will include it in the mailout for the next meeting. 5. Other business: Next meeting - January 9, 2025, at 5:30 p.m. Agenda - Continued review of the draft Subdivision Regulations. The meeting adjourned at 6:46 p.m. [confirmed twice by Chris B, per her notes, and after reviewing the meeting video] Town of Ithaca Codes & Ordinances Committee DRAFT 2025 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: Develop amendments to Accessory Buildings (Town Code Chapter 270), requested by Zoning Board of Appeals, June 25, 2024 HIGH PRIORITY: Develop Institutional Zoning (Comp Plan Goals LU-5-A; LU-5-B) based on scope of work prepared by Planning Committee Outdoor Lighting Code Chapter 173 (last updated 2006)? Regulations Completed in 2024: HIGH PRIORITY: amendments to Zoning violations and penalties (Town Code 270-239) HIGH PRIORITY: Consider amendments to Accessory Dwelling Unit Regulations (Town Code Chapter 270-219.6B (4)) Other regulations in Process: Planning Committee – Revise Chapter 161 (freshwater wetlands) Planning Committee – Revise Chapter 157 (flood damage prevention) Planning Committee – Joint City & Town Ithaca Landmarks Preservation Commission awaiting City review) Comp Plan Goal LU-6-H Approved 2025 COC meeting schedule. Second Thursday 5:30 p.m. Town Board Room January 9, 2025 February 13, 2025 March 13, 2025 April 10, 2025 May 8, 2025 June 12, 2025 July 10, 2025 August 14, 2025 September 11, 2025 October 9, 2025 November 13, 2025 December 11, 2025 TOWN OF ITHACA COMPLETE STREETS POLICY Definition of "Complete Streets"Section 1. Complete Streets"means streets that are designed,maintained and operated to enable safe access for all users including pedestrians,bicyclists,motorists,emergency responders,public transportation users of all ages and abilities and adjacent landowners. Section 2.Complete Streets Policy The Town shall pursue a safe,reliable,efficient,integrated and connected multimodal transportation system that will promote access,mobility and health for all users including pedestrians,bicyclists,users of mass transit,people of all ages and abilities,motorists, emergency responders,freight providers and adjacent landowners. Scope of Complete Streets PolicyApplicabilitySection3. a )All Town-owned transportation facilities in the right of way including,but not limited to,streets,bridges,and all other connecting pathways,shall be designed, constructed,reconstructed,operated and maintained so that users of all ages and abilities can travel safely and independently. Landscaping and amenities shall be encouraged to provide shade,create buffers and promote aesthetically welcoming environments within the right -of-way. Privately constructed streets and parking facilities requiring Town approval shall adhere to this policy. The Town shall foster partnerships with the private sector,state,county, neighboring communities and school districts to develop facilities and accommodations that further the Town's Complete Streets Policy and continue such infrastructure beyond the Town's borders. The Town shall approach every transportation improvement and project phase as an opportunity to create safer,more accessible streets for all users.These phases include,but are not limited to,planning,programming,design,right -of- way acquisition,construction,construction engineering,reconstruction, operation and maintenance b) c) d) e) Section 4.Exceptions Any exceptions to this policy must be approved by the Town Board for Town projects,or by the Planning Board for any other projects that come before it,or the Director of Public Works for emergency work and be documented with supporting information that indicates the basis for the decision.Such documentation shall be publically available. Exceptions may be considered for approval when: Adopted April 13,2015 a )An affected roadway prohibits,by law,use by specified users (e.g.,pedestrian malls) in which case a greater effort shall be made to accommodate those special users elsewhere. b)The activities are ordinary maintenance activities designed to keep assets in serviceable condition (e.g.,mowing,cleaning,spot repair and surface treatments such as chip seal)or other interim measures that do not change the existing shoulder,guiderails or road footprint. c)The Director of Public Works or the Town Board issues a documented proposed exception concluding that the application of the Complete Streets Policy is unnecessary,unduly cost prohibitive,or inappropriate because it would be contrary to public safety. d)The existing and planned population,employment densities,traffic volumes,or level of transit service around a particular roadway as documented is so low that future expected users of the roadway will include very few pedestrians,users of public transportation,or bicycles. DesignStandardsSection5. The Town shall follow accepted or adopted design standards and use the best available based upon resources identifying best practices in street design,construction,operations and maintenance.In recognition of context sensitivity,public input and the needs of many users,a flexible,innovative and balanced approach that follows other appropriate design standards may be considered,provided that a comparable level of safety for all users is feasible.Design standards include,but are not limited to,those from the following:the American Association of State Highway Transportation Officials (AASHTO),The NYS Department of Transportation,the Institute of Traffic Engineers,the National Association of City Transportation Officials,the Americans with Disabilities Act,the Public Right -of-Way Accessibility Guidelines (PROWAG ),and the Model Design Manual for Living Streets. PerformanceMeasuresSection6. The Town shall measure the success of the Complete Streets Policy using,but not limited to,the following performance measures reported on a calendar year basis: Total distance of new bike lanes Linear feet of new and reconstructed pedestrian accommodations Number of improved crosswalks Number of improved transit stops Rate of crashes and injuries reported Number of children walking or cycling to school Number of new street trees Satisfaction levels as expressed on customer surveys Adopted April 13,2015 Implementation andReportingSection7. The Town of Ithaca shall view Complete Streets as integral to everyday transportation decision-making practices and processes.To that end: a )The Department of Public Works,the Planning Department,other relevant departments,and committees will incorporate this Complete Streets Policy into all existing plans,manuals,checklists,rules,regulations and programs as feasible. b)The Department of Public Works,the Planning Department,and other relevant departments will review current design standards,including subdivision regulations which apply to new roadway construction,to ensure that they reflect the best available design standards and guidelines and effectively implement this Complete Streets Policy where feasible. c)The Town Board Public Works and Planning Committees will monitor progress as appropriate. d)The Town shall encourage staff professional development and training on non- motorized transportation issues through attendance at conferences,classes, seminars,workshops and webcasts. e)Town staff will be alert to outside funding sources for Complete Streets improvements and apply when feasible. f)An annual report based on the performance measures in Section 6 will be submitted for each calendar year to the Town Board along with a summary of all exceptions granted. Adopted April 13,2015