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Home My WebLink About20220690 Crescent and Jefferson Zoning Amendment Comp plan density memo 10.20.22 To: City Council From: Stephanie Ferradino Date: October 20, 2022 Re: Liberty Workforce Housing – Comprehensive Plan Analysis MEMORANDUM As a follow up to the City Council’s September 2022 meeting, an inquiry was made pertaining to whether the proposed Liberty Affordable Housing project is consistent with the density in the city’s Comprehensive Plan (hereinafter sometimes “Comp Plan”). Please accept this letter in response to the question posed. State Law – General City Provisions: There is a difference between a city’s planning tools and the municipality’s actual laws and regulations. The General City Law clearly defines these differing, but interrelated, documents. A municipality’s Comprehensive Plan is an aspirational and guidance document which provides written text, maps and other materials “that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the city.” General City Law 28-a(3)(a). This language is in the definition of Comprehensive Plan in NY state law. In contrast, zoning laws are defined as the actual “regulation which prescribes the appropriate use of property or the scale, location, and intensity of development.” General City Law 28-a(3)(b) [emphasis added]. The Comprehensive Plan identifies the broad vision for the city, while the zoning ordinance proscribes the actual requirements for the land, specifically the density or “intensity of development”. This is clearly and unambiguously provided in NYS law. Saratoga Springs Comprehensive Plan: The Saratoga Springs Comprehensive Plan’s first line identifies that the document is a “unified set of policies” and that the actions and map identify the “desired location, uses and intensity of development.” If the Comp Plan were tasked with proscribing actual density requirements, the term “desired” would not have been used. The Comprehensive Plan’s goals are vision based, aspirational and its language is purposely “fluid” (specific wording in the Plan itself). The plan is developed by community leaders, not elected officials. In contrast, the city’s ordinance, laws and regulations become the clear evidence of the Page 2 municipality’s decisions based on the vision, as codified by the city council who are the ultimate decision makers. The last section of the Comprehensive Plan is devoted to “Future Use” and it clearly explains the purpose of the Comprehensive Plan Future Land Use Map (“Map”). For ease of review, the actual pages are appended to this letter. “The Map sets the direction for future land uses within the City. It illustrates the City’s vision by identifying broad categories of land use. The map is not a zoning map…. The zoning ordinance is typically the regulatory document that addresses densities, area, bulk and specific permitted uses.” Comprehensive Plan, p. 55 [emphasis added]. This language clearly articulates that density is a function of zoning, not the Comprehensive Plan. Several points are made within the Comprehensive Plan itself which clearly describe the aspirational and visionary nature of the document. On pages 55 and 56, the following language is used, with emphasis added to highlight the points related to this inquiry: • “The various land use categories shown on the map represent the intended uses and densities desired or anticipated for the communities in the future.” Comprehensive Plan, p. 55 o This language is clear that the density is desired, rather than required. As state law confirms, density is a function of zoning. • “The land use categories in the Map are not zoning districts. The land use categories are broader and more general than zoning districts.” Comprehensive Plan, p. 55. • “The boundaries for each of the land use categories are intentionally non-precise and are meant to be fluid. The boundaries of the zoning districts are far more specific and detailed.” Comprehensive Plan, p. 55. The project is superimposed over the Comp Plan map below. Blue is the Equine land use category and light yellow is RN-1. o You will note that white borders each colored land use category on the Map. This white area provides the visual representation of the imprecise, fluid categories which do not follow lot lines. o The Comp Plan land use categories bisect individual parcels and zoning districts. They are not intended to be definitive restriction on specific parcels, but instead provide an overview of the characteristics of broader areas of land. Page 3 o The Liberty Parcel is bisected by the land use categories of RN-1 and EQ. The buildable land on the site where the buildings are proposed and the buildings themselves are solidly within that portion of the parcel which has the EQ land use category. The EQ land use category does not have any specific density. o In contrast, the area of the Liberty parcel which is designated as RN-1 with a desired density of 3.5 units/acre will remain undeveloped, which would satisfy the RN-1 density vision for that broad area. o Much of the area in the category of RN-1 area is constrained by wetlands. Therefore, the Council can be assured that a finding of consistency with the Comp Plan will not later affect the density of that acreage. In contrast, if you found that the density of the Liberty project is not consistent with the Comp Plan, a Comp Plan amendment would be required which would irrevocably change the density for that portion of the land currently designed as RN-1. Unlike modification of zoning, changes to the Comp Plan do not have safety valves similar to sunset provisions. • “The land use categories are general guides to future zoning or other regulations. State law mandates that zoning must be in conformance with the policies of the Comprehensive Plan. This means that the density within the zoning for a particular area must be equal or less than that what is described within this document. When areas are to be rezoned, the uses and densities permitted within the zoning district must be compatible with the ranges presented in the land use category.” Comprehensive Plan, p. 55-56. o In the present application, if the zoning is amended to allow UR-4 on the lot, the proposed development will be reflective of the density specified by the Comprehensive Plan map and the ranges depicted in the two different categories. Clearly, the specific area to be developed is the area lying within the EQ land use category which seeks and allows supporting facilities including employee housing. The remaining lands will not be developed. It is worth noting the well-established principles that govern zoning laws. Because zoning laws are in derogation to property owner’s rights to use their property free of restrictions, they are strictly construed against the municipality. The NY courts have regularly and consistently held that codes and regulations must be strictly construed AND that any ambiguity must be construed against the municipality and in favor of the property owner. While we do not believe any of the above language is ambiguous, it is worth noting that state law mandates it’s favorable interpretation for applicants. Zoning and Comprehensive Plan Maps: If you compare the general categories in the Map with the specific districts in the zoning ordinance, you will see that many larger parcels, including ours, are bisected by Comprehensive Plan land use categories that do not “fit” the zoning for that parcel. For example, 20 acres or so of the Casino property bordering the subject site is designated RN-1 on the Comp Plan Map, despite its clear zoning as INST-HTR on the actual zoning map. If the Casino desired to develop that land, it would not need a Comp Plan amendment for density, which is set in the zoning for that parcel. On the east side of Saratoga near the Oklahoma track, the CRN-1 and RN-1 districts do not fully depict the densities reflected in the actual zoning of the individual parcels, but instead generally define the areas where the borders are fluid. As you compare the zoning map and Comp Plan map, you will see that a large swath of land along Saratoga Lake is broadly designated RN-1. In contrast, the zoning map has 7 or more zones with differing densities and allowable uses, including mixed use commercial. Despite this zoning designation and density, Page 4 the Comp Plan’s aspirational language would only allow currently existing commercial uses. This is in direct contrast to the ultimate zoning (and density) for these parcels. In conclusion, the state law, City Comprehensive Plan and comparison of the UDO and Comprehensive Plan Maps all provide independent authority for the City Council’s finding that density is defined in the zoning, not the Comprehensive Plan and that our proposal for a zoning map amendment is consistent with the Comprehensive Plan’s goals and density as outlined in the two land use categories on our lot. Sunset Provision: A mechanism to assist in the rezoning of the parcel as relates to the proposed project might be by utilizing a sunset provision as proposed below: “Sunset provision: The map amendment shall expire by operation of law on December 31, 2027 unless a building permit for the construction of the Liberty Saratoga Affordable Apartment project within the amendment area has been submitted to the City of Saratoga Springs.” Page 5 Page 6