[Added 1-13-1998 by L.L. No. 2-1998]
A.
In accordance with § 7-703 of the Village
Law of the State of New York, the Village Board is empowered to provide
for a system of zoning incentives, as the Village Board deems necessary
and appropriate, consistent with the purposes and conditions set forth
in this section.
B.
This article would provide incentives to the private
sector to execute improvements to the Village of Manlius Commercial
and Commercial 1 Districts in the Village as established in the Village
of Manlius Commercial District Design Guidelines.[1]
[1]
Editor's Note: The Commercial District Design
Guidelines are on file in the office of the Code Enforcement Officer.
The following are the primary objectives of
this article:
A.
Improved pedestrian environment, including street
tree plantings, flower beds, widened walkways, bicycle paths, decorative
streetlights, etc.
B.
Removal of unwanted and unnecessary elements, including
expansive pavement, excessive curb cuts and unattractive buildings.
C.
Addition of new community assets, including new, appropriately
designed buildings and site amenities and other improvements which
will add to the ambiance and economic base of the community.
The following priority amenities may be provided either on or off the development site and may involve one or more parcels of land. The provision of a priority amenity(s) would render the project eligible to achieve a significant or minimal determination as set forth herein at § 99-48.
A.
New construction: adding new buildings to the tax
base and economic assets of the Village center or significant renovations
to existing buildings that are compatible with the traditional character
of the Village with respect to scale, massing and detail as set forth
in the Commercial District Design Guidelines.
B.
Historic buildings: adaptively reusing historic buildings.
C.
Curb cut consolidation: consolidating the curb cuts
into fewer numbers and providing alternative internal access for movement
of vehicular traffic.
D.
Traffic calming: traffic calming measures, such as
installing bump outs, pedestrian crossing signal lights or designated
pedestrian crossings.
E.
Linkage: sharing parking areas and curb cuts and providing
connections between them.
F.
Open space: creating attractive pedestrian-oriented
open spaces; expansion of green space and planting areas.
G.
Trees: the planting of appropriate street trees.
H.
Stream corridors: protecting and improving Limestone
Creek and Perry Spring Brook with conservation easements, aesthetic
improvements and trails.
I.
Pedestrians/bicycling amenities: developing attractive
pedestrian-oriented environments; building a bike path.
J.
Amenities: providing plazas, outdoor dining courts,
fountains, sculpture and other amenities at key locations.
K.
Parking: creating convenient public parking.
L.
Transit: providing park-and-ride lots, bus shelters
and other commuter services.
M.
Other: providing other similar amenities.
The following incentives may be provided:
A.
General. The incentive granted shall be in relative
proportion to the value and importance of the amenity, provided that
is above and beyond the normal requirements of the jurisdictional
zoning and other regulatory or policy requirements. The following
conditions will apply as appropriate to the specific application:
(1)
The proposed amenity will be determined by the Village
Board in its written decision as either significant or minimal. Only
projects determined to offer amenities of significant value will be
considered for an incentive. The extent of the incentive awarded will
be commensurate with the amenity provided.
(2)
Road and parking standards waivers shall relate to
parking demands of a project.
(3)
Lot area and dimensions and land uses proposed shall
be responsive to sound planning and design principles.
B.
If the Village Board determines that a suitable community
benefit or amenity is desirable but not immediately feasible or otherwise
not practical, it may permit, in lieu thereof, a payment to the Village
of a sum to be determined by the Board and provision made to deposit
such sum in a trust fund to be used by the Village Board exclusively
for specific community benefits authorized by the Village Board.
The Village Board shall follow its procedure
for amending its Zoning Code and shall include the following:
A.
Concept review with Village Board.
(1)
After informal discussions with the Planning Board,
the project sponsor may submit a proposed application for incentive
zoning to the Village Board, with a copy to the Planning Board. The
application would describe in text and in a plan the following:
(a)
The proposed amenity(s) and its value in terms
of dollars and/or contribution to the enhancement of the Village.
(b)
The proposed zoning incentive(s) to be received.
(c)
A brief narrative describing the proposed amenity(s)
to be provided and incentive(s) requested for the project as proposed.
The narrative should reflect the accomplishment of the Village's goals
as set forth in the Commercial District Design Guidelines and how
one or more of the conditions and other applicable requirements of
this section are met and should include reference to the relative
importance and need for the amenity offered, using the Design Guidelines
and other Village policy references, as appropriate.
(d)
Documentation that the site for proposed receipt
of the incentive(s) has adequate resources, environmental quality
and community facilities' capacity to support the proposed use; provide
maps, sketches and other graphic support material as needed.
(e)
A sketch plan showing the project and proposed
amenity. (Note: to expedite review, the Village Board may waive submission
of any detailed technical information it deems nonessential at this
early stage.)
(f)
Completed environmental assessment form.
(g)
The Planning Board's preliminary recommendation
as to the application.
(2)
As soon as practical following the submission of the
application, the Village Board shall prepare a brief response to the
proposal outlining, in writing, the Board's determination as to whether
the proposal is worthy of further consideration and the basis for
that determination. The Village Board may engage a consultant to assist
in review of the application. Suggested modifications to the proposal
would also be provided by the Village Board to the applicant. With
a supporting determination, the proposed application would be returned
to the Planning Board for further review.
B.
Planning Board review.
(1)
After receipt of the report of the Village Board,
the sponsor will submit a preliminary site development plan to the
Planning Board, incorporating the comments of the Village Board. This
plan would include an illustration of the proposed development with
the additional amenities and incentives requested. The application
shall be referred to other agencies for input as appropriate.
(2)
Following its review, but prior to final site development
plan approval, the Planning Board shall prepare an advisory report
to the Village Board, with a copy to the sponsor. The report will
describe the beneficial aspects of the proposal and make recommendations
for the amelioration of the adverse aspects of the proposal.
C.
Public hearing by Village Board.
(1)
The Village Board will hold a public hearing and follow
its standard procedure for adoption of an amendment to its Zoning
Code. At least five days' (14 days' for a hearing involving a draft
or supplemental environmental impact statement) notice of the time
and place of the hearing shall be published in the official newspaper
of the Village.
(2)
The plan submitted, depicting the parcel(s) subject
to the application, shall also serve as the basis for an amendment
to the Village Zoning Map, adopted in connection with an approved
incentive zoning project.
D.
Findings and decision. Following the hearing and completion
of the state environmental quality review (SEQR) process for the incentive
zoning action, the Village Board would approve, approve with modifications
or deny the proposed incentive zoning application. A written statement
of findings would be prepared by the Village Board documenting the
basis of its decision as required by law. The findings of the Board
would include but not be limited to:
(1)
SEQR: that all requirements of the state environmental
quality review act have been met, including the required findings.
(2)
Development capacity: that the development plan can
be adequately supported with the public facilities available or provided
as a result of the project, without undue use of available system
capacity.
(3)
Public benefit: that the public benefit gained by
the amenity(s) provided by the project sponsor is commensurate with
the incentive(s) provided by the Village.
(4)
Other: other findings required by state law, if any.
E.
Final review by Planning Board. Following the receipt
of a favorable decision by the Village Board, the sponsor shall submit
a final site development plan to the Planning Board. This stage would
illustrate and refine the applicant's specific proposal, modified
from the original as appropriate addressing the findings and decision
of the Village Board. The review process would continue in accordance
with established procedures for review of final subdivision/site plan/special
use permits as applicable.
