HomeMy WebLinkAboutPB Minutes 1992-03-05IWIW&
TOWN OF ITHACA PLANNING BOARD
MARCH 5, 1992
FILED
TOWN OF IT'H ACA
Date , & /q /
Clerk &eE-2�
The Town of Ithaca Planning Board met in regular session on
Tuesday, March 5, 1992, in Town Hall, 126 East Seneca Street, Ithaca,
New York, at 7:30 p.m.
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia
Langhans, William Lesser, James Baker, Herbert Finch, Daniel
Walker (Town Engineer), John Barney (Town Attorney), Floyd
Forman (Town Planner).
ALSO PRESENT: Jacqueline Eddy, Pat Oesterle, Jeanne Barrett, Richard
Eiken, Deborah Haller, Ernest Welker III, Susan Beeners, Joan
Jirkowich, E. Austen, Pat Driscoll, (name not legible), Noel Desch.
AGENDA ITEM: ASSEMBLYMAN MARTIN A. LUSTER WILL BE OUR GUEST AND
WILL DISCUSS THE RECENTLY ENACTED LEGISLATION IN RELATION TO
"INCENTIVE ZONING ". [TOWN LAW NEW SECTION 261 -b; VILLAGE LAW NEW
SECTION 7 -703.]
THIS LEGISLATION TAKES EFFECT JULY 11 1992 AND ALLOWS A COMMUNITY TO
OFFER A DEVELOPER "INCENTIVES OR BONUSES"
EXAMPLE, DENSITY, AREA, HEIGHT, OPEN SPACE,
SOME "COMMUNITY BENEFITS OR AMENITIES" SUCH
FOR PERSONS OF LOW OR MODERATE INCOME, PARKS,
OTHER SPECIFIC PHYSICAL, SOCIAL OR CULTURAL
LIEU THEREOF, OF BENEFIT TO THE RESIDENTS OF
WITH RESPECT TO, FOR
OR USE, IN EXCHANGE FOR
AS OPEN SPACE, HOUSING
ELDER CARE, DAY CARE OR
AMENITIES, OR CASH IN
THE COMMUNITY.
the
Chairperson
Grigorov opened
the
discussion
on the
above -noted
matter at 7 :30 p.m.
and read aloud
from
the Agenda
as noted
above.
Assemblyman Luster approached the Board and discussed the
legislation related to Incentive Zoning. Assemblyman Luster
responded that he would spend some time on that, but it is clearly a
new concept. Assemblyman Luster offered that he would describe the
legislation and some of the history. Assemblyman Luster stated that
he would, also „spend some time describing the 1992 legislative agenda
of the Commission on Rural Resources, which is almost exclusively
devoted to land use planning.
Assemblyman. Luster stated that Incentive Zoning is a-concept that
involves a trade -off between strict enforcement of existing zoning
laws and the ability to obtain municipal amenities at the developer's
expense that might not otherwise be available. Assemblyman Luster
said that it has been used from time to time in New York State
without any specific legislative sanction, noting that the series of
bills was developed by the Commission on Rural Resources to clarify
the law and to define the concept of Incentive Zoning to set forth
from the ground rules and guidelines to be used.
Continuing, Assemblyman Luster said that one of the best
descriptions that he has been able to find is the only case the Court
Planning Board
-2-
March 5, 1992
of Appeals ever decided dealing with Incentive Zoning. Assemblyman
Luster said that Incentive Zoning is based on the premise that
certain uneconomic uses and amenities will not be provided by private
development without economic incentive. Assemblyman Luster noted
that the" economic incentive frequently used is the allowance of
greater density within a proposed building, more floor area than
permitted,, under general zoning rules. Assemblyman Luster noted that
the law at issue in that point was the New York City Zoning Code, the
amendment',' to that Zoning Code awards bonus points which entitle
developers to expand their construction in return for increased
construction of other uneconomic projects such as low cost housing,
slum rehabilitation, and public facilities.
Assemblyman Luster said that Incentive Zoning has been used
mostly in large cities, mostly with regard to density regulations or
height regulations, and occasionally with regard to setback .
regulations, commenting that it can be used, for example, as a
trade -off; if a''Local Law is enacted allowing for Incentive Zoning
the local zoning authority can trade -off a variance or the creation
of one of the amenities or infrastructure features that could not
otherwisell be held. Assemblyman Luster stated that, for example, if
the Town of Ithaca had a proposal for a development or cluster
housing in a zone that did not permit cluster housing, but instead
required large lots, the Town might permit cluster housing as a
variance for _that parcel in return for the creation of a park on the
open space created by the cluster. Assemblyman Luster said that it
is a new concept in statute, the bills were developed in 1991 by the
Commission on Rural Resources and apply to villages and towns only,
the bills were passed and signed into law during the summer and will
become effective July 1, 19.92. Assemblyman ._.Luster noted that he
introduced a bill in 1992 that-would extend the Incentive Zoning Law
to cities as well as towns and villages, and, if passed early enough .
in the session, would become effective July 1, 1992, if not, there
will be a delay.of a year before its implementation..
[.MEMORANDUM concerning AN ACT to amend the General City Law in
relation to Incentive Zoning attached hereto as Exhibit #1].
[Town Law amendment in relation to Incentive Zoning attached
hereto as,Exhibit #21.
At this point, Assemblyman Luster asked if anyone had any
questions or comments.
Town Planner. Floyd. Forman noted that Assemblyman Luster had
stated that the amenity must be created within the geographical
limits of the' property. Mr. Forman said that in the bill it talks
about "community''.benefits on Page 3 of Exhibit #2, Item (b) last
paragraph it says "or cash in lieu ". Mr. Forman wondered if cash
could be accepted for some future project off the site, or does the
cash have to be used at some point in the future for some amenity on
the site: Assemblyman Luster answered, on site. Chairperson
Grigorov 'wondered if the law has to enumerate everything in-detail.
Planning Board -3- March 5, 1992
Assemblyman Luster responded that it has to be consistent. from
development to development in terms of what the guidelines are.,
Chairperson•Grigorov asked if anyone had any questions.
Susan' Beeners, of Danby, NY, spoke from the floor and commented
that if the bill is passed some people might see it as being somewhat
of a stigma that contracts with zoning, to make this work independent
of something such as an impact fee structure as well, one would have
to rationalize that there is a reasonable connection between what is
being exacted. Assemblyman Luster responded that they tried to, guide
the localities in terms of drafting their own local laws, they do
require that it be pretty specific, and it is acute to contract
zoning, except that there are guidelines set,forth in the local laws,
it is not really an ad hoc process.
Noel Desch, of 132 Updike Road, wondered if the bill was
patterned' after other states or have similar laws been court tested.
Assemblyman Luster responded that he did not believe it was patterned
after other states laws, it was developed after a 2 -4 year study by
the Land Use Advisory Committee of the Commission on Rural Resources.
A voice from the back of the room wondered if it was contemplated
to use Incentive Zoning for changes in use, e.g., from residential to
commercial use.i Assemblyman Luster responded that the law does not
accommodate that, it only accommodates-area type variances as opposed
to use type variances.
At this
tame, Assemblyman
Luster
reviewed
the 1992 Commission
Legislation,
which is attached
hereto
as Exhibit
#3.
Board Member Virginia Langhans commented on a Comprehensive Plan
and a.Master. Plan, and wondered if there were a law that says
something about a Master Plan, because the two are used in
conjunction. Assemblyman Luster answered, yes, the bill defines
Master Plan and it sets forth the different functions; it is
differentthan the Comprehensive Plan. Assemblyman Luster stated
that the Master Plan terminology is frequently confused to use
interchangeably' with the Comprehensive Plan because there is no
indication either in statute or judicial decision as to what exactly
its purpose is or relationship of. respective Town or village
comprehensive plan.. This bill states that the Town or Village
comprehensive plan may be implemented in part through the creation
and adoption of an implementing functional plan or plans and further .
states that a functional plan is sometimes referred to as a Master
Plan; comprehensive plan is conceptual in nature; master plan is
functional in nature.
A question was raised about alternative, uses for the Willard
Campus, I Assemplyman Luster answered, nothing new, but he could say
that the prison ^project that has been proposed is not even being
seriously'.looked at this year. Willard was saved for the year, but
it is not,going'to be saved forever. Patients would be transferred
to other ° health facilities in the State. Willard has a small number
Planning Board -4- March 5, 1992
of patients in comparison to other .State hospitals. Alternate State
uses are being looked at.
j It
Chairperson Grigorov closed the discussion relating to "Incentive
Zoning ".
AGENDA ITEM: Persons to be heard.
Noel Desch,referring to the CAC Open Space Plan, asked if the
Board could provide some'insight on the timeframe as to what stage it
is in. Town Planner answered that he thought it was in limbo, but
that they want to take the comments from the public meeting and make
some revisions. Mr. Desch wondered if the Planning Board had gotten
some public reaction. Mr. Forman said that there has not been any
overall public 1,reaction. Mr. Desch asked that the process be
reviewed.` Board Member Virginia Langhans noted that there would be a
presentation at "the Tompkins County Planning Board meeting on the
11th of March, to talk about the restrictions on privately owned
land. Mr Forman said that the document is not a plan, it is simply
an inventory and an index right now. Mr. Forman stated that he would
convey Mr Desch's comments to CAC Chair John Whitcomb.
APPROVAL OF.MINUTES - JUNE 18, 1991
MOTION by Rober_t.Kenerson, seconded -by Herbert Finch:
RESOLVED, -that the Minutes of the Town of Ithaca Planning Board
Meeting of .June 1.8 , A 9.9.1., _are approved as written .
There being no further discussion, the Chair called for a vote.
Aye ams Grigorov, Kenerson, Langhans, Lesser, Baker, Finch..
Nay - None.
The MOTION was carried..
AGENDA ITEM: Report of the Town Planner
Mr. Forman noted that the new Town of Ithaca Zoning Ordinance has
been distributed.
Mr.. Forman stated that there.would be four important items on the
Agenda for the next Planning Board meeting -- Mr. Forman stated that
it is important that a quorum be present. One item on the Agenda is
Minnie's BQ, they have filed for Special Approval and Site Plan.
AGENDA ITEM: COMPREHENSIVE PLAN UPDATE
Mr. Forman "said that the Comprehensive Planning Committee came up
with a new timeline for the Comprehensive Plan.
ADJOURNMENT
Planning Board -5- March 5, 1992
r
Upon Motion,; Chairperson Grigorov declared the March 5, 1992
meeting of the Town of Ithaca Planning Board duly adjourned.
Mary S. Bryant, Recording Secretary
Town of Ithaca Planning Board.
i�
MEMORANDUM
Senate
By: Senator Charles D. Cook,
et. al.
Assembly.
By: Assemblyman Martin A. Luster
et. al.
Introduced at the request of. The Commission on Rural Resources,
AN ACT to amend the General City Law in relation to incentive zoning
Purpose
To provide statutory authority for the granting of specific incentives; or bonuses, by
a city to an applicant on the condition that certain physical, social, or cultural
benefits would inure to the benefit of the community.
Summary, of Provisions
The bill empowers the legislative body of a city, as part of a zoning ordinance or local
law, to establish a system for the granting of incentives (or bonuses) by which a
landowner or developer would be allowed, in a specific instance, to exceed applicable
zoning requirements relating to height, size, or density in exchange for providing
certain amenities'to the city. The bill also includes concise definitions of "incentives ",
"community benefits" and other terms necessary to its implementation.
The system specified in the bill allows for local designation of districts within which
incentives may be utilized, and calls for their inclusion in the municipal zoning map.
The legislation also requires a determination as to any environmental effects which
may result from an application of incentive zoning, the community benefits which
may be accepted by the city, and the specific procedural steps that must be followed.
Impact on Existing Law
The bill amends the City Law by adding a new Section 81 -b.
Statement of Support
The practice of granting incentives, or bonuses, by municipalities to developers has
been practiced for some time. For the most part, though, its implementation has
been confined to large cities, (such as New York City), where it's not at all unusual
for the city to permit a developer to build a skyscraper with several more stories than
is allowed by the applicable zoning regulations, in exchange for the developer
including a small park, atrium, or theater, as part of the project.
,5,11 f ,& /
e
C
This particular zoning device is now provided for in Town Law § 261 -b and Village
Law § 7403. However, it has never been provided for in City Law, nor has it
received much attention in case law. One of the very few times it has been addressed
by the courts can be found in the Court of Appeals decision in Asian Americans v.
Koch, (72 N.Y. 2d 121), in which the court stated that,
"Incentive zoning is based on the premise that certain uneconomic uses
and amenities will not be provided by private development without
economic incentive. The economic incentive frequently used ... is the
allowance of greater density within a proposed building, more floor area
than permitted under general zoning rules, if developers provided
certain amenities for the community. The amendment awards bonus
points which entitle developers to expand their construction in return
for increased construction of other, uneconomic projects such as low -cost
housing, slim rehabilitation or public facilities." (72 N.Y. 2d 121, 129)
The bill embodies these principles and also provides a procedural framework for their
achievement.
Prior Leaislative History
None,
Fiscal Implications
None to the. state, but the bill will allow cities to provide physical, social, and cultural
amenities to their inhabitants, which may otherwise be financially impossible, at
little or no extra cost.
Effective Date
This bill would take effect the first day of July next succeeding the date on which it
shall have become law.
,
3 A. 5984 - -A
s• 3589 --A
I 1 the incentives, or bonuses, which may be granted by the vi11a a to
2 the a pp licant;
' 3 2 the communit benefits or amenities which.ma be acre ted Erom the
4 applicant by the village;
5 3 criteria for approval including methods required for determining
6 the ade uac of communit amenities to be accepted front the applicant in
7 e_xchanae for the particular bonus or incentive to be Granted to the ap-
8 elicant by the villa e;
9 4 the for obtaining bonuses, ihcludin_! a lications and
10 the review process; and
11 5) ovision for a public hearing, if such public hearing is re
pr
12 as art of a zonin ordinance or local law ado ZoJ
ted ursuant to this
13 tion and qive.public notice thereof by the: publication in ehe off
14 newspaper of such hearing at-least five-days r-ior to the date the
i8 f• All other re uirements of artic.e ei ht of the environmental
16..._.servation law shall be com lied with by ro ect sponsors for action
17 areas. for' -which a eneric environmental impact statement has been
18 pared.including preparation of an environmental assessment. form: -a
19 supplemental environmental�iei act statement if necessaryj.;
2p Prior to the ado tion'or: amendment of the zoning local law put
21 to this section to establish a system-of incentives or be
22 the village board shall' evaluate the impact of the provision of
23 system of zoning incentives ot! bonuses upon the potential develom
24 affordable housin�L000 gained ; -bY the provision of any such incenti
25 bonus afforded to an applicant or Lost in the provision by an app]
ity amenity to the village. Further_, the village bog IIIIIIIIIIIIII 26 of any community
c 27- trustees'shall determine that there is approximate equivalence bA
28 potential affordable housing Jost ;or gained or that the village !
29 will take reasonable action to'comoensate for..anv negative impact
30 the availability or potential development of.affordable housing <
J1 by
provisions of this section.
3y h. If the villa a board of determines -thaE a.suitable.i
33 ____.... ,- -... ;e, aiwt_ely feasible, 'or otherwise
34
35
36
37
38
39 village board of trustees.
_ ___.,,.., akaii ho ennstrued to invalidate any
40
41
42
43
44
45
46 rocedures. le Definitions. As usea in tnts s��� =�••• -
47 (a) Incentives or bonuses• shall mean adjustments to the perms
48 population densit area. height, open space, use, or other prov
49 of a zoning ordinance or local law for a specific purpose authors
5o the town board.
51 (b) *Community benefits or amenities" shall mean open nn spaced h
52 for persons of low or moderate income, parks elder care, day_ ca
53 other specific Physicalf social or cultural,amenitieS# or cash ;
54 thereof, of benefit to the residents of the community 8uthorized t
55 town board .
wwgO p, rucrcuo avEn
'C
cant
d of
ween
S or
upon
used .
INS
got
lisu
such
I of
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ad by
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S. 3589 - -A 4 A. 5984 - -A
1 (c) "Incentive zoninq" shall mean the system by which specific incen-
2 tives or bonuses are granted, pursuant to this section, on condition_
3 that specific physical, social, or cultural benefits or amenities would
4 inure to the community.
5 2. Authority and purposes. In addition to existing powers and authori-
6 ties to regulate by planning or zoninq, including authorization to
7 provide for the granting of incentives, or bonuses pursuant to other en-
8 abling law, a town board is hereby empowered, as pert of a zoning ordi-
9 nonce adopted pursuant to this article, or by local law adopted pursuant
10 to other enabling law, to provide for a system of zoning incentives, or
11 bonuses, as the town board deems necessary and appropriate consistent
12 with the purposes and conditions set forth in this section. The purpose
13 of the system of incentive, or bonus, zoning shall be to advance the
14 town's specific physical, cultural and social policies in accordance
15 with the town's comprehensive plan and in coordination with other commu-
16 nits planning mechanisms or land use techniques. The system of zoning
17 incentives or bonuses shall be in accordance with a comprehensive plan
18 within the meaning of section two hundred sixty -three of this article
19 3. Implementation. A system of zoninq incentives or bonuses may be
20 provided subject to the conditions hereinafter set forth.
21 (a) The town board shall provide for the system of zoning incentives
22 or bonuses pursuant to this section as part of the zoninq ordinance or
23 local law. In providing for such system the board shall follow the
24 procedure for adopting and amending its zoninq ordinance or local taw,
15 including all provisions for notice and public hearing applicable for
26 changes or amendments to a zoning ordinance.
27 (b) Each zoninq district in which incentives or bonuses may be awarded
28 under this section shall be designated in the town zoninq ordinance or....`!_
.29 local law and shall be incorporated in any map adopted in connection
30 with such zoning ordinance or local law or amendment thereto
31 (c) Each zoning district in which incentives or bonuses may be
32 authorized shall have been found by the town board, after evaluating the
'33 effects of any potential incentives which are possible by virtue of the
It 34 provision of community amenities, to contain adequate resources, en-
35 vironmental quality and public facilities, including adequate t:anspor-
!. 36 tation, water supply, waste disposal and fire protection Further, the
37 town board shall, in designating such districts, determine that there F:.•.
38 will be no significant environmentally damaging consequences and that
;. 39 such incentives or bonuses are compatible with the development otherwise
40 permitted.
41 (d) A generic environmental impact statement pursuant'to the provi-
42 sions of 6 NYCRR 617.15 shall be prepared by the town board for any zon-
43 ing district in which the granting of incentives or bonuses have a sig-
44 nificant effect on "the environment before any such district is desig-
I' 45 nated, and such statement shall be supplemented from time to time by the
46 town board if there are material chan es in circumstances that may
47 result in significant adverse impacts. Any zoning ordinance or local law
48 enacted pursuant to this section shall provide that any applicant for
'I 49 incentives or bonuses shall pay a proportionate share of the cost of
50 preparing such environmental impact statement, and that such charge
J. 51 shall be added to any site - specific charge made pursuant to the provl-
I�
52 sions of section 8 -0109 of the environmental conservation law. l
53 Le) The town board shall set forth the procedure by which incentives
54 may be provided to specific lands. Such procedure shall describe:
55 (i) the incentives, or bonuses, which may be granted by the town to
56 the applicant; ,.....,,:.
I
i
,
S. 3589 - -A 5
1 (ii1 the community benefits or amenities which MA
2 the applicant by the town;
{iiiI criteria for approval, including methods regal i.f
4 in the ade'uac of communit amenities to be acre tad
5 cant in exchange for the particular bonus or incentive
6 theme cant by the town;
7 °iv the rocedure for obtainin bonuses including
8 the review process= and if such pal
wisiss 9 (yi provision for a public hearing, -
10 as a p_ rt cf a zoning ordinance or local law adopt
11 tion and give public notice thereof by the pub Ion
12 news aper of such hearing at least five days tCi
13 (f1 All other requirements of article eight o
14 nervation law shall be complied with by project_
15 areas for 'which a generic environmental im ct
16 grad includin re aration of an environmental
17 supplemental environmental im act statement if
18 Prior to the adoption or amendment of
19 local law 'urs�ant to this section to establish
20 centives or bonuses the town board shall a% 1111 21 rovision of such
system of zonin incentives of
22' teal development of affordable housing gainer
23 such incentive or bonus afforded to an applicant IIIIIIIIIIIIIIIIIIIIIIIIIII
24 sion by an applicant of any community amenity t IIIIIIII
25 town board shall determine that there is approx•
26 potential affordable housing lost or gained or I
27 take reasonable action to campensate for any ne,
28 availability or potential development of affi
29 the provisions of this section. 111111111 111111111111
30 h If the town board determines that a suit.
31 amenit is, not immediately feasiblet or otherw
32 board may require, in lieu thereof, a payment t
33 deter ined!by the boards If cash is accepted in
34 benefit oramenitys, provision shall be made for
35 in a trust fund to be used b the town board e
36 comm benefits authorized b the town board
37 4. Invalidations. Nothing in this section
38 validate an provision for incentives or bonuse
39 any town board. ly 1, 1992.
40 S 3• This act shall take effect Ju
nwnoo. acrcuo o�w�
P
t
iv
ab
usi
are
A. 5984- -A
accepted from
for determin-
....Iil
i
a
Faience oelinli
)win has or will "
�aet upon the
ising caused by
City-benefit or
)Tactical, the
of a sum to be
that community
to be deposited .:
for specific
{
onstrued to in-
i
re adopted by
is
)win has or will "
�aet upon the
ising caused by
City-benefit or
)Tactical, the
of a sum to be
that community
to be deposited .:
for specific
onstrued to in-
re adopted by
IL
•''''temxpt, ^�.
.. ..
P.
rte;
SECTION
NUMBER
L
_ rA"LL V'1 V V 1\ 1 J 4 A&...#
1992 COMMISSION LEGISLATION
PAGE BILL TITLE SPONSORSHIP
NUMBER YES/NO
NEW DRAFTS
1 Remedy of Zoning Violation (Village Law) /
[S. 01 -92]`
4 BOCES Finance (Local Finance Law)
[S. 02 -92]
7 Incentive Zoning (City Law)
[S. 05 -92]
12 Local Comprehensive Planning
(Town and Village Law)
[S. 06421 ,5 I
23 Local Training and Educational Assistance
for Planning and Zoning Officials (General Municipal,
General City, Town and Village Law) ,
[S. 07 -921
33 Agricultural Districts and Planning
(Agricultural and Markets, Environmental Conservation,
Town and Village Law)
[S. O8- 921 �I.e`S l
52 Subdivision Review and Approval
J
(Town and Village Law)
[S. 09421 /
73 Planning Board Recodification
(Town and Village Law)
[S. 10 -92]
s4 Intermunicipal Cooperation in Planning
and Zoning (General City, Town and Village Law)
[S. 11-921 (�{�� /
Uniform Justice Court Act - Unreasonable Denial
f
(Uniform Justice Court Law)
Site Plan Review and Special Use Permits
(Village and Town Law)
[S. 15 -92] / &D
'Y/
1992 .,UMNUSSj.(j,i LEGISiArIxoN
SECTION PAGE BILL TITLE SPONSORSHIP
NUMBER NUMBER YES/NO
M TECHNICAL AMENDMENTS TO 1991 CHAPTERS
103 ZBA Recodification
(Village and Town Law)
[S. 03 -92]
114 Incentive Zoning
(Village Law)
[S. 04 -92]
117 Adoption of Zoning Regulations
(Village and Town Law)
[S. 13 =92] .
Commission Members
Signature:
(�c5/
J
L1
Please Xerox pages v and vi, indicate your sponsorship of Commission bills and return to Ron Brach in
the Commission office (Room 203, Albany Building, 146 State Street) by March 2, B920
- vi -
1,