The preservation and enhancement of open spaces, watercourses, wetlands and areas designated as critical environmental areas.

The development of active and passive recreation areas.

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.

Efficient and cost-effective development of roads, sidewalks, utilities, water- and sewer lines and other forms of public and private infrastructure.

The development of housing that is more affordable than that normally developed under conventional zoning regulations.

Cluster subdivisions may only be permitted in the R-1a, R-1b, R-2a, R-2b, R-3a and R-3b Zoning Districts.

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).

The following types of deviations from the zoning regulations of the district in which the cluster subdivision is proposed are permitted:

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.

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.

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.

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.

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:

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.

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:

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.

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.

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.

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.

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.

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."

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.

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.

Does the project further the health and welfare of the community?

Is the project in accordance with the City Comprehensive Plan?

Does the project create at least one long-term significant community benefit?

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.

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.

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.

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.

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.

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.

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.

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.

(Reserved)[2]

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.

(Reserved)[3]

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.