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HomeMy WebLinkAboutCOC Minutes 2024-12-12 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC) Meeting of December 12, 2024—5:30 p.m. Shirley A. Raffensperger Board Room, Town Hall 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. Rob said the Work Plan could be discussed in more detail at the next meeting if members had any comments. 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) 1 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 language was previously discussed. The comments made by staff and committee members are noted as follows: H(2) (b). Define steep slope, 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 on the same amount of land under the proposed subdivision rules than under existing zoning. Therefore,the cost per unit would be less and more units could be created. . The committee appreciated Bill's comments but disagreed with him. The COC felt that homes on larger lots would be more costly in terms of infrastructure and maintenance and would take more resources than on smaller lots. The committee also decided that the 40% open space requirement did not appear to increase costs but rather appeared to decrease costs per unit for developers, 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. 2 §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. 3