A.
Purpose and intent. This article authorizes the Planning and Development Board, during the process of subdivision plat approval pursuant to Chapter 290, Subdivision of Land, of the Code, to make reasonable changes in the existing zoning regulations for the property affected so as to enable the development of a cluster subdivision. This authorization permits deviations in the district regulations applicable to the affected property, subject to the limitations contained in this section. Cluster subdivisions may be approved in order to promote the following purposes:
(1)
The preservation and enhancement of open spaces, watercourses, wetlands and areas designated as critical environmental areas.
(2)
The development of active and passive recreation areas.
(3)
The development of residential dwelling units in forms which are consistent with the public welfare and which provide reasonable safeguards to the appropriate use of adjoining land.
(4)
Efficient and cost-effective development of roads, sidewalks, utilities, water- and sewer lines and other forms of public and private infrastructure.
(5)
The development of housing that is more affordable than that normally developed under conventional zoning regulations.
B.
Authorization and minimum requirements. The Planning and Development Board is authorized, upon petition by an applicant for subdivision approval, to approve a cluster subdivision that includes reasonable deviations from the existing regulations of that zoning district in which the subdivision is located in accordance with the following limitations:
(1)
Cluster subdivisions may only be permitted in the R-1a, R-1b, R-2a, R-2b, R-3a and R-3b Zoning Districts.
(2)
Cluster subdivisions shall contain only those primary uses and accessory uses which are permitted in the zoning district in which the cluster subdivision is proposed, except as permitted by § 325-11B(3).
(3)
The following types of deviations from the zoning regulations of the district in which the cluster subdivision is proposed are permitted:
(a)
Building type for residential uses, provided that, in the R-1a and R-1b Districts, only one-family detached dwellings are permitted as primary uses, and in the R-2a and R-2b Districts, no more than two dwelling units may be attached to form a single building, provided that each dwelling unit shall have a separate ground-level entrance.
(b)
Lot area.
(c)
Lot width at street line.
(d)
Maximum percentage of land coverage by buildings on any individual lot within the cluster subdivision, provided that the total percentage of land coverage by all buildings in the cluster subdivision shall not exceed the following percentages for the zoning district in which the cluster subdivision is located:
District | Maximum Land Coverage (percent) | |
|---|---|---|
R-1a | 20 | |
R-1b | 25 | |
R-2a | 30 | |
R-2b | 35 | |
R-3a | 35 | |
R-3b | 40 |
(e)
Front, side and rear yard dimensions, provided that all buildings in a cluster subdivision shall have a front yard of at least 25 feet in the R-1a, R-1b, and R-2a Zones and 10 feet in the R-2b, R-3a and R-3b Zones, and further provided that all buildings in a cluster subdivision shall be at least the following number of feet from the boundary of a cluster subdivision where it abuts land, other than a public right-of-way, that is not part of the cluster subdivision:
(4)
The maximum number of dwelling units permitted in a cluster subdivision shall not exceed the number of dwelling units that would be permitted on the site in a conventional subdivision under the conventional zoning regulations for the zoning district in which the cluster subdivision is proposed, subject to all applicable development regulations applying to the property in question plus any other restriction which the Planning and Development Board has the authority to impose pursuant to Chapter 290, Subdivision of Land, of the Code.
(5)
Any reduction in the lot area for buildings in a cluster subdivision beyond the minimum allowed in the zoning district in which the subdivision is located shall require the reservation of an equivalent amount of land as open space, passive recreation area or active recreation area. Wetlands, floodplains, steep slopes or other areas not normally appropriate for building construction shall not account for more than 50% of the land area reserved.
(6)
All open space or recreation areas reserved in accordance with § 325-11B(5) shall be dedicated as common land for the benefit of the members of the subdivision. The development, operation and maintenance of this property shall be in accordance with the approved site development plan and in a manner that is consistent with the public welfare.
C.
Approval; information to be submitted.
(1)
The Planning and Development Board may consider a developer's request for approval of a cluster subdivision or may require that a developer prepare and submit plans for a cluster subdivision that contain no greater number of dwelling units than that proposed by the developer. The Board shall adopt rules and regulations setting forth the criteria pursuant to which such an application may be required. The approval of a cluster subdivision shall follow the rules and procedures contained in Chapter 290, Subdivision of Land, of the City of Ithaca Code.
(2)
Developers submitting a cluster subdivision plan shall submit two subdivision plans, one showing the land developed under the conventional zoning regulations and the other showing development under the cluster option. In addition to the requirements of Chapter 290, Subdivision of Land, of the Code, the developer shall submit the following information on or with the cluster subdivision plan:
(a)
An area plan showing the proposed cluster subdivision and all existing land use and major natural features of the land within 500 feet of the project site.
(b)
A site development plan showing the location, size, use and physical features of all proposed buildings and accessory uses, the location and design of vehicular and pedestrian access and the location of proposed parking areas.
(c)
A landscaping plan showing the type and location of all existing trees, vegetation and natural features on the site; the identification of all existing vegetation to be preserved; the identification of all new vegetation to be added; and the location and type of fences, berms or buffer areas.
(d)
A plan showing the boundaries of common areas to be reserved and the proposed use, development and maintenance of those spaces.
(e)
Elevations of typical dwelling units to be constructed in the cluster subdivision.
(f)
Environmental review of the project at a level deemed appropriate by the Planning and Development Board.
(g)
Any other information that the Planning and Development Board may reasonably require.
(3)
The approval of a cluster subdivision shall constitute the approval of a site development plan for the affected area. No development shall occur on the site that is not in strict conformance with the elements of the approved site development plan, nor shall the plan be modified without the approval of the Planning and Development Board.
(4)
A cluster subdivision shall not be approved unless the Planning and Development Board makes the following affirmative findings and states, in writing, the facts that support those findings:
(a)
That the development is found to be compatible in terms of appearance, character and overall density with both the existing and potential development in the surrounding area.
(b)
That the development will not place an unreasonable burden on the public roads or utilities that will service the project.
(c)
That the development will promote the preservation of open space and natural resources within the neighborhood to a greater degree than would conventional development.
(d)
That the development is consistent with the public welfare and that the appropriate use of adjoining land is reasonably safeguarded.
(e)
That the development will not have an undue adverse impact on the critical area listed in § 176-5B(1)(a) of the Code.
(f)
That the development complies with the approved Street Plan and Master Plan, if any, for the area.