Summary of Four Land Use Options

These options for evaluation may be considered in combinations as well. 

 

v    Open Space and Recreation Strategy.

(See Figure 1)

 

Concept:  As a public policy, the city council pursues action to acquire/negotiate lands for obtaining all or part of the study area for public open space (passive recreation) and/or for some active recreation uses.  The remaining lands not included in an open space strategy would be subject to existing RR-1 zoning or to any revised zoning that is implemented.   The use of the open space lands should be used for preserved natural area/passive recreation balanced with active recreation uses (if any.)  Any uses including active recreation should apply a conservation site analysis approach and be low-traffic generating uses.

 

Approaches and Funding:  If this is a preferred option, the city will need to explore with interested landowners first.  Funding options include using local funding, pursuing grants, or performing a combination of the above.  Another creative option is a land swap of the desired open space lands with city-owned property downtown for economic development.  Details on such potential approaches to achieving this option are as follows:

 

q      The city could consider buying the properties of interest in fee title from willing landowners (possibly using the city’s open space bond act funding if the properties qualify under the city’s open space bond act funding criteria.)  This would avail the city of site control and enable public access to the open space.

 

q      The concept of a “land swap” is a creative approach that would involve the city and the landowners trading city-owned land where development is desired, such as a downtown property owned by the city, with lands in the study area for permanent community open space, as well as other potential benefits to the city. 

 

q      The city could purchase development rights of selected properties.  This option would require willing landowners and the lands would remain in private ownership, and thus not necessarily achieve public access. 

 

q      The city could seek competitive private, state and federal grant funding to achieve open space and active recreation land uses within the study area. However, this approach may be a long-term proposition, due to the competitive nature of the grant programs.

 

POTENTIAL IMPACTS:

 

Comprehensive Plan Changes required (if any):  The refined vision for the area developed through this study process should be adopted as an amendment to the comprehensive plan.

 

Zoning changes required (if any):  No change in zoning is required to achieve use of these lands for public open space or public recreation parkland use.  However, the city may want to change zoning of the area earmarked for a public park and public open space once it is becomes used for that purpose, as is generally the city’s policy. 

 

Open Space - Amount Provided:  The open space acreage will depend upon the specific parcels sought for public open space. The lands obtained for ownership by the city would be 100% public lands.  The city may or may not seek all the parcels within the study area.  

 

 Open Space - Public Access:  With public ownership, 100% public access would be possible.

 

Fiscal impacts on city:  Open space lands would be removed from the tax rolls if the city obtains ownership, so there would be a net loss of property tax revenue.  However a positive aspect is that there would be no new expenses for school services.  Whatever limited uses of the site for public open space use and access and/or active recreation use and access would require a level of public investment in infrastructure and maintenance/operation services.

 

Costs borne by the city:   Public costs will depend on the negotiated final value of the lands that is agreed to by the landowner(s) and the city and any other not-for-profit that could be involved, and whether or not a land swap can be achieved.  If the land swap idea is not feasible or a viable approach, the alternative is the process of utilizing the open space bond may be an option.  If the lands do not qualify for using the open space bond act funds, other local financing options would need to be considered.  Any necessary infrastructure, access, park improvements or transportation improvements in the study area would likely be borne by the public, unless dedicated fundraising was conducted or grants were sought.

 

Traffic impacts: The city would need to be careful to achieve a balance of public uses of land (active recreation vs. passive) because active recreation uses can have high trip generation.  Popular passive areas can also generate traffic.  

 

Potential Traffic Mitigation / Improvements:

If the city obtains ownership of lands within the study area, there would be no private investment assistance for transportation improvements or other community benefits.  The community amenity could be significant open space benefits.  Any necessary infrastructure or transportation improvements in the study area would likely be borne by the public.

 

Figure 1: Open Space and Recreation Strategy.  The above figure indicates use of the entire study area for open space and active recreation. However, an open space and recreation strategy could also be that only portions of the study area are used for open space and/or active recreation combined with development uses under the existing RR-1 zoning or any revised zoning.


v    Maintain the Current RR-1 Zoning.

      (See Figure 2)

 

Concept:  Make no changes and accept development as-of-right that would be required to comply with all currently applicable comprehensive plan and zoning ordinances, including the Rural Residential-1 Zoning District regulations and the conservation subdivision regulations.  Under this scenario if all the parcels involved are fully built out as residential uses, taking into account the approximate constrained lands, the city could expect perhaps approximately 50 residential units within the total study area based on a preliminary build-out analysis with the new conservation subdivision regulations.  No public access is guaranteed with this scenario.  However, if a developer supplies public access to the open space provided, the developer could obtain an incentive of 20% density (thus increasing the total to approximately 60 total units).

 

Approach / Funding:  With this scenario, private market forces will proceed when the market is ripe.

 

POTENTIAL IMPACTS:

 

Comprehensive Plan Changes Required (if any):  None, although including or referencing this report in the comprehensive plan would be appropriate.

 

Zoning Changes required (if any):  The refined vision for the area developed through this study process should be adopted as an amendment to the comprehensive plan.

 

Open Space - Amount Provided:  Constrained lands (floodplains, stream corridor buffers, NYSDEC wetlands, 25% slopes or greater) plus 50% of the remaining buildable land would be conserved as open space.

 

Open Space - Public Access:  Public access is not required.  However, if the private developer grants public access to the open space set-aside, there is an incentive for a 20% density increase.

 

Fiscal impacts on the city:  This scenario will require a potential additional demand for school services; municipal services.  Yet it will also add tax revenue to the tax rolls more than vacant land.  A low to moderate value residential development is likely to be a net fiscal cost (see city’s fiscal analysis 2002).

 

Costs borne by the city/public:  No additional costs per se. 

 

Traffic impacts:  Primarily single-family home trip generation for say 50 to 60 homes. 

 

Traffic mitigation/improvements:  No significant developer-borne improvements are anticipated.  Private development would make traffic/transportation-related improvements as necessary for access and circulation for the private development.  Improvements would likely be frontage sidewalks (or for this rural character corridor -- off-road paths), and site access road construction.

 

 

Figure 2:  Two Scenarios Depicted:  No Change in Zoning/As-of-Right Development and Lake Avenue Country Gateway Zoning.

 

 

 

 

Figure 3:  Incentive Zoning Scenario.  This option could provide flexibility and opportunity for additional community amenities paid for by developer in exchange for a development density bonus.

 

v    Create Lake Avenue Country Gateway Overlay and Allow Minimal Additional Land Uses By Special Use Permit Only to Complement Existing RR-1 Zoning.  (See Figure 2)

 

Concept:  Existing RR-1 zoning remains in place with the change of adding flexibility in allowed uses.  Add a limited list of special permit uses within the specific “Lake Avenue Country Gateway Overlay District” (the study area).  Residential uses should continue to be the predominant development land use, with any non-residential use as the subordinate, complementary use. 

 

The additional special permitted uses that are proposed to be added to the existing list of special permit uses under this scenario are:

§        Day Care Center

§        Multiple-family dwellings  (notably, only a small proportion of 2-family dwellings are currently allowed)

§        Senior housing

§        Professional or business offices

§        Recreation business (indoor or outdoor facilities)

 

Approach:          Make minimal changes to zoning code.  

 

q      Keep current RR-1 Zoning District.

 

q      Create a study area overlay district - a rural gateway overlay called the “Lake Avenue Country Gateway District” to achieve this option, so that only the study area would have the potential for these additional uses. 

 

q      Add the limited list of additional special permit use to the list of special permit uses that would only be applicable for the “Lake Avenue Country Gateway District.”

 

q      Strengthen the tests articulated in the zoning ordinance for the granting of a special use permit that would apply, including: meeting rural character, maintaining no greater density than for RR-1 residential uses, and generating equal or less traffic than the RR-1 land uses.

 

q      Condition of special permit uses:  On significant size parcels, a minimum requirement would be established for primary uses that must be agricultural or residential to ensure maintenance of the rural character.

 

POTENTIAL IMPACTS:

 

Comprehensive Plan Changes required (if any):  Adopt an amendment to the comprehensive plan to describe the Lake Avenue Country Gateway vision that is more inclusive of a few limited additional uses that would complement the rural character.

 

Zoning Changes required (if any):  Amend the zoning as indicated above.

 

Open Space - Amount Provided:  Constrained lands (floodplains, stream corridor buffers, NYSDEC wetlands, 25% slopes or greater) plus 50% of the remaining buildable land would be conserved as open space.

 

Open Space - Public Access:  Public access is not required.  However, if the private developer grants public access to the open space set-aside, there is an incentive for a 20% density increase.

 

Fiscal impacts on the city:  Opportunity for more flexible, additional use may result in improving the net fiscal benefit of a project to the community.

 

Costs borne by the city/public:  No additional costs per se. 

 

Traffic impacts:  This scenario would maintain comparable traffic impacts to other existing RR-1 potential uses.

 

Traffic mitigations/Improvements:  With additional special permit uses allowed, require no significant increase in traffic generation beyond other RR-1 uses.

 

 

v    Develop an Incentive Zoning Program For the Lake Avenue Country Gateway Area to Achieve Desired Community Amenities -- Enhanced Conservation and Development and Transportation Amenities.  (See Figure 3)

 

Concept:  Amend the zoning to allow customized study area incentive zoning program to achieve community amenities for granting approval for an equal value of development bonuses.  The uniqueness about this option is the flexibility in allowing the opportunity for a developer to propose paying for a community amenity in exchange for additional density.  The benefit to this option is that it would clearly establish the requirement of obtaining and approving a comparable value of a public/community amenity/benefit in order to allow a developer bonus.  

 

This option could be used to strengthen the land protection and open space conservation element of the area and grant more flexibility in allowable land uses.  The benefit of this scenario is to create more rural conservation set asides than would be achieved by the current zoning and to work with private landowners to realize additional community benefits such as for desired traffic improvements.  Residential uses should continue to be the predominant development land use, with any non-residential use as the subordinate, complementary use. 

 

Conditions could be placed on this scenario such as the following to ensure the rural character is maintained:  This scenario could create a minimum of 75% of the total buildable (unconstrained) land area to be set aside as permanently protected open space with a minimum of 50% of the open space accessible to the public.  (This is an increase of total open space area from the RR-1 and guarantees greater public access to open space.) The additional uses could include mixed uses and limited commercial uses.  No office parks, general retail or restaurants would be allowed.  Any new use proposed outside of the current zoning would not be allowed to create significant traffic impacts beyond a residential development scenario. 

 

POTENTIAL IMPACTS:

 

Comprehensive Plan Changes required (if any):  The refined vision for the area developed through this study process should be adopted as an amendment to the comprehensive plan.

 

Zoning Changes required (if any): Adopt incentive (amenity) zoning specifically for this area.

 

Open Space - Amount Provided:  Requires 75% of the land area to be protected, meaningful and accessible open space.  Potential opportunity to achieve greatest amount of open space paid for privately. 

 

Open Space - Public Access:  Requires public access to a minimum of 50% of the open space.    

 

Fiscal impacts on the city:  Opportunity for more flexible, additional uses and higher density may result in improving the net fiscal benefit to the community.  With this scenario, the city could secure city-owned park and open space land, and transportation enhancements at no cost to taxpayers.

 

Potential Traffic Impacts:  Traffic generation limited to 1.5 x RR-1 uses.

 

Traffic Mitigation/Improvements:  Opportunity to secure enhanced traffic improvements or other community benefits by potentially allowing higher density uses.

 

Costs borne by the city/public:  No additional costs per se.