[Added 2-1-1989 by Ord. No. 89-2; amended 7-2-2014 by Ord. No.
2014-08]
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.
A.
Declaration of legislative authority. This Planned Unit Development
(PUD) Ordinance is being enacted pursuant to the authority established
in the New York State General City Law § 81-f.
B.
Purpose and intent.
[Amended 4-4-2018 by Ord.
No. 2018-02; 5-2-2018 by Ord. No. 2018-04; 10-6-2021 by Ord. No. 2021-08]
(1)
This legislation is intended to institute procedures and requirements
for the establishment and mapping of PUDs, which may be placed in
any location approved by the Common Council, as long as it is located
within the Planned Unit Development Overlay District (PUDOD), the
boundaries of which can be seen on the map entitled “Proposed
Boundary for the Planned Unit Development Overlay District (PUDOD) –
October 2021."[1] The PUD is a tool intended to encourage mixed-use or unique
single use projects that require more creative and imaginative design
of land development than is possible under standard zoning district
regulations. A PUD allows for flexibility in planning and design,
while ensuring efficient investment in public improvements, environmental
sensitivity, and protection of community character. A PUD should be
used only when long-term community benefits will be achieved through
high quality development, including, but not limited to, reduced traffic
demands, greater quality and quantity of public and/or private open
space, community recreational amenities, needed housing types and/or
mix, innovative designs, and protection and/or preservation of natural
resources.
[1]
Editor's Note: Said map is on file in the City Clerk's office.
(2)
Section 325-12 is intended to relate to both residential and nonresidential development, as well as mixed forms of development. There may be uses, now or in the future, which are not expressly permitted by the other terms of this chapter but which uses would not contravene the long-range Comprehensive Plan objectives if they adhere to certain predetermined performance and design conditions. The PUD is intended to be used to enable these developments to occur even though they may not be specifically authorized by the City zoning district regulations.
(3)
The PUD is intended to be used in any area located within the PUDOD.
Should a proposed project offer community-wide benefits, the Common
Council may establish a PUD in order to permit uses not explicitly
allowed by the underlying zoning.
(4)
Areas may be zoned as a PUD by the Common Council. The enactment
and establishment of such a zone shall be a legislative act. No owner
of land or other person having an interest in land shall be entitled
as a matter of right to the enactment or establishment of any such
zone.
C.
Establishment and location.
[Amended 5-2-2018 by Ord.
No. 2018-04]
(1)
The intent of a PUD is to create self-contained, architecturally
consistent, and compatible buildings, many times with diverse but
related uses. The creation of a PUD must entail sufficient review
to assure the uses within the zone will have negligible or no significant
adverse effects upon properties surrounding the zone. In reaching
its decision on whether to rezone to a PUD, the Common Council shall
consider the general criteria set forth in this chapter, the most
current Comprehensive Plan for the City, and this statement of purpose.
(2)
No PUD shall be established pursuant to Subsection G(13) of this
section unless it is located within the boundaries of the PUDOD, the
boundaries of which can be seen on the attached map, "Boundary for
the Planned Unit Development Overlay District (PUDOD) - April 2018."
D.
Permitted principal and accessory uses.
(1)
In a PUD, buildings and land may be used for any lawful purpose permitted
in the zone where it is located, plus any other uses which the Common
Council may authorize.
(2)
All development restrictions, including, but not limited to, yard
size, height restriction, building coverage, and lot size, shall be
as set forth in the legislation rezoning the area to a PUD established
by the Common Council. In addition, the Common Council may impose
any conditions or limitations that are determined to be necessary
or desirable to ensure that the development conforms with the City
Comprehensive Plan, including limiting the permitted uses, location
and size of buildings and structures, providing for open space and
recreational areas, requiring acoustical or visual screening, construction
sequencing, and requiring bonds or other assurances of completion
of any infrastructure to be built as part of the development.
E.
Site plan approval. No structure shall be erected or placed within a PUD, no building permit shall be issued for a building or structure within a PUD, and no existing building, structure, or use in a PUD shall be changed, unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Chapter 276 of the City of Ithaca Code.
F.
Criteria. The Common Council will consider an application for any
PUD on the following criteria, among others:
G.
Application process. An applicant proposing a development that does
not conform with the existing zoning requirements may apply for a
PUD to be placed on his/her property, or on such other property as
designated by the applicant and for which the applicant has submitted
sufficient authorization executed by the owner(s) of said property
in support of the application. The application process is as follows:
(1)
Staff/applicant pre-application meeting. An applicant seeking alternate
zoning for his/her property must first contact the Department of Planning,
Building, and Development for a pre-application meeting. Staff will
explain the requirements, the application process, the timeline, and
the fees associated with a PUD request.
(2)
Application submission. The applicant must submit a completed PUD
application along with the required fee. The application must include
a conceptual development plan and an explanation of the request for
alternate zoning. The conceptual plan must include the proposed sizes
of yards, maximum heights and stories of all proposed buildings, maximum
lot coverage, adjacent uses and adjacent zoning.
(3)
Planning and Economic Development Committee. The Planning and Economic
Development Committee of the Common Council will consider the application
for completion and will schedule a public information session. The
developer will be expected to be present at this meeting.
(4)
Circulation. The Planning and Economic Development Committee will
also authorize and direct staff to circulate the proposal for review
and comment from City boards/committees, the Tompkins County Planning
Department, and any neighboring property owners within 500 feet of
the proposed project. Comments and concerns will be forwarded to the
applicant and to the Common Council for their consideration.
(5)
Public information session. Within 30 days of receiving a completed
application, the City will schedule a public information session,
at which the developer will be responsible for presenting information
about the project and answering questions from the public. The City
will advertise the public information session with a press release
to the local media at least 15 days, but no more than 20 days, prior
to the meeting. The applicant is responsible for posting the property
at least five days prior to the public information session, with the
date, time, and location of the meeting.
(6)
Committee recommendation. Once the comments have been received, the
Planning and Economic Development Committee will hold a legally noticed
public hearing at a regularly scheduled committee meeting. The City
will publish a legal notice of the hearing 15 days prior to the hearing.
The Committee will consider all comments that have been received,
as well as all comments made at the public hearing and will make a
recommendation to the Common Council. The recommendation may include
additional requirements or limitations to either mitigate undesirable
impacts or to ensure the development conforms to the goals of the
City's Comprehensive Plan.
(7)
Conditional approval. The Common Council will consider the request
and may pass a resolution granting a conditional approval, subject
to further site plan review approval and instructing staff to take
the project through the environmental review process. Not withstanding
any conflicting provisions of the City Code, an applicant whose application
has received approval in concept from the Common Council (approval
in concept) shall be permitted, for the purpose of commencing site
plan review, to proceed with a building permit application, despite
any zoning-based deficiencies in the application, so long as all such
deficiencies may be cured by final Council approval of the PUD.
(8)
Site plan review application. Applicant submits a site plan review
application. The Planning Board commences the environmental review
process in compliance with the State Environmental Quality Review
Act (SEQRA) and the City Environmental Quality Review Ordinance (CEQRO)
and conducts the normal site plan review process. To the extent that
the Planning Board declares its intent to be the lead agency for the
environmental review of the project and the PUD, the Planning Board
notifies all other involved agencies including the Common Council.
[Amended 10-1-2014 by Ord. No. 2014-11]
(10)
Common Council involvement. As a part of the environmental review
process for the project and the PUD, the Planning Board will update
the Common Council after each Planning Board meeting where the project
is considered and will request ongoing written comments from the Common
Council.
(12)
Common Council consideration of the PUD. When and if the Planning
and Development Board has completed its environmental review of the
project to the extent required under SEQRA and CEQRO and has issued
a contingent site plan approval or in the case of a multiphase project
has issued a preliminary contingent site plan approval of multiple
phases along with a final contingent site plan approval of at least
one phase, the project will return to the Common Council for final
consideration of the adoption of the PUD, which at Council's discretion
may be authorized for one or all phases of a multiphase project. Final
Council approval, if any, shall be granted via ordinance.
[Amended 10-1-2014 by Ord. No. 2014-11; 4-6-2016 by Ord. No. 2016-08]
H.
Additional requirements. In any rezoning to a PUD, the Common Council
may impose such conditions or limitations that the Council, in its
legislative discretion, may determine to be necessary or desirable
to ensure that the development conforms with the City Comprehensive
Plan, including limiting the permitted uses, location and size of
buildings and structures, providing for open space and recreational
areas, and requiring bonds or other assurances of completion of any
infrastructure to be built as part of the development.
I.
Expiration. A developer who receives PUD approval will have 24 months
to begin construction of their project. If construction on the property
has not been developed in accordance with the approved plan after
24 months, the PUD will automatically be revoked, unless otherwise
stated by the Common Council, and the property will return to the
previously approved zoning restrictions. In the case of extenuating
circumstances, the developer may apply to the Common Council for an
extension of PUD approval. If the site plan changes significantly,
said significance as determined by the Director of Planning and Development,
it may require reconsideration by the Common Council. The Director
of Planning and Development may determine that the changes are minor
and do not require reapproval.
[1]
Editor’s Note: Former § 325-13, Temporary Mandatory
Planned Unit Development (TMPUD) District, added 3-2-2016 by Ord.
No. 2016-07, as amended, was removed as its provisions expired 18
months after its effective date.
