Canandaigua City Zoning Code
ARTICLE XII
Planned Unit Developments
§ 850-120 Statement of intent and objectives.
A.
Intent.
(1)
It is the intent of this Planned Unit Development (PUD) Article to provide flexible land use and design regulations through the use of performance criteria so that small to large scale neighborhoods or portions thereof may be developed within the City that incorporate a variety of residential types and nonresidential uses, and contain both individual building sites and common property which are planned and developed as a unit. Such a planned unit is to be designed and organized as so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood. This article specifically encourages innovations in residential development so that the growing demands for housing at all economic levels may be met by greater variety in type, design, and siting dwellings and by the conversion and more efficient use of land in such developments.
(2)
This article recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods that are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned unit development concept. Further, this article recognizes that a rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept.
B.
Objectives. In order to carry out the intent of this article, a PUD shall achieve the following objectives:
(1)
A greater choice in the types of environment, occupancy tenure (e.g., cooperatives, individual ownership, condominium, leasing), types of housing, lot sizes and community facilities available to existing and potential City residents at all economic levels;
(2)
More usable open space and recreation areas and more public access to lakefront and other desirable recreational areas;
(3)
The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion;
(4)
A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses;
(5)
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs;
(6)
A development pattern in harmony with the objectives of the comprehensive plan;
(7)
A more desirable environment than would be possible through the strict application of other articles of this chapter.
§ 850-121 General requirements for planned unit development.
A.
Minimum area. Under normal circumstances, the minimum area requirements to qualify for a planned unit development district shall be 10 contiguous acres of land.
B.
Ownership. The tract of land for a project may be owned, issued or controlled either by a single person, or corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
C.
Location of PUD district. The PUD district shall be applicable to any area of the City where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article.
D.
Permitted uses. All uses within an area designated as a PUD district are determined by the provisions of this section and the approval of the project concerned.
(1)
Residential uses. In developing a balanced community, the use of clustered housing types and densities may be deemed appropriate provided that sufficient, common, open space is provided.
(2)
Office, commercial, service and other nonresidential uses. Office, commercial, service and other nonresidential uses may be permitted or required where such uses further the objectives stated in the first section of this article and are in a scale compatible with the residential uses of the property. Consideration shall be given to the project as it exists in its larger setting in determining the appropriateness of such uses.
(3)
Customary accessory or associated uses. Uses such as private clubs, storage areas, recreational and community activities, churches and schools shall also be permitted as appropriate to the PUD.
E.
Intensity of land use. Because land is used more efficiently in a PUD, improved environmental quality can often be produced with a greater density (number of dwelling units per gross building area) or intensity (amount of floor space per building area in nonresidential uses) than usually permitted in traditionally zoned districts. The City Council shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects. The determination of land use intensity ratings or dwelling unit densities shall be completely documented, including all fact, opinions and judgments justifying the selection of the rating or density.
F.
Common property in the PUD. Common property in a PUD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites or by the public. When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas. Before accepting such property for City ownership, the City Council may impose such conditions as it deems necessary or desirable to effectuate public access to and enjoyment of such property.
§ 850-122 Signs and billboards.
The provisions of Chapter 850, Zoning, of the Code of the City of Canandaigua regulating signs and billboards in residential districts shall govern signs and billboards in all residential areas within a planned unit development. The provisions of Chapter 850, Zoning, regulating signs and billboards in commercial and industrial districts shall govern signs and billboards in all commercial and business areas within a planned unit development.
§ 850-123 Maximum height of structures.
No structure in a planned unit development shall exceed the lesser of six stores or 60 feet in height. Chimneys attached to such structures may extend five feet above the highest point of the building structure.
§ 850-124 Application procedure and zoning approval process.
A.
General. Whenever any planned unit development is proposed, before any permit for the erection of a permanent building in such planned unit development shall be granted, and before any subdivision plot of any part thereof may be filed in the office of the Ontario County Clerk, the developer or his authorized agent shall apply for and secure approval of such planned unit development in accordance with the following procedures.
B.
Application for sketch plan approval.
(1)
The developer shall submit a sketch plan of his proposal to the City Council with an application to have the plan approved and the area of its location designated a planned unit development (PUD) area. A committee of all members of the City Council chaired by a Council member appointed by the Mayor shall review the application and make a recommendation to the Council before the Council takes any action related to this application. The sketch plan shall be approximately to scale and shall clearly show the following information:
(a)
Description of the area involved by tax map numbers, legal description, address, and ownership;
(b)
An area map prepared by a licensed engineer or architect showing applicant's entire holding, that portion of the applicant's property under consideration, and all properties, subdivision, streets, and easements within 500 feet of applicant's property;
(c)
A tracing overlay showing all soil areas and their classifications, and those areas, if any, with moderate to high susceptibility to flooding, and moderate to high susceptibility to erosion. For areas with potential erosion problems the overlay shall also include an outline and description of existing vegetation;
(d)
Identification and location of the various uses and their areas in acres;
(e)
The general outlines of the interior roadway system and all existing rights-of-way and easements, indicating whether public or private;
(f)
Delineation of the various residential areas indicating for each such area its general extent, size, number of bedrooms, and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex townhouse, garden apartments, high-rise); and general description of the intended market structure (i.e., luxury, middle income, moderate income, elderly units, family units, etc.); plus a calculation of the residential density in dwelling units per gross acre (total area including interior roadways) for each such area;
(g)
Delineation of nonresidential areas indicating for such area its general extent, size, intended use, type and size of facility, and economic market for commercial services, recreational, and tourist uses.
(h)
Location, height, construction type, and architectural style of each building or other improvement;
(i)
Maps of open space system, including parking and other open areas, outdoor lighting, recreational facilities (both private and public) and indicating proposed ownership;
(j)
A general landscape plan, including any proposed treatment of the development's perimeter, and any additional information regarding adjacent areas which might assist in the evaluation of the proposed project impact;
(k)
The overall drainage system; proposed and existing utility systems;
(l)
If grades exceed 3%, or portions of the site have a moderate to high susceptibility to erosion, flooding and/or ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining the above susceptible soil areas, if any;
(m)
Principal ties to the community at large with respect to transportation, water supply and sewage disposal;
(n)
General description of the provision of other community facilities, such as schools, fire protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated;
(o)
A location map showing existing and proposed uses and proposed lot lines and the ownership of abutting lands;
(p)
Financial information including whether phased development is planned, a proposed construction schedule, cost of completion of each phase, person(s) financially liable for completion;
(q)
Future objectives, if any, for the project; and
(r)
A three-dimensional scale model showing topography and the size, shape, height and location of any buildings or other improvements on the property. Architectural and design features need not be shown. Landscaping or other detail need not be shown, except as the City Council may require.
(2)
In addition, the following documentation shall accompany the sketch plan:
(a)
Evidence of how the developer's particular mix of land uses meets existing community demands to include area wide as well as local considerations;
(b)
Evidence that the proposal is compatible with the goals of local and area wide comprehensive plan, if any;
(c)
General statement as to how common open space is to be owned and maintained;
(d)
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project;
(e)
Evidence of any sort in the applicant's own behalf to demonstrate his competence to carry out the plan and his awareness of the scope of such a project, both physical and financial.
(3)
With the sketch plan, the developer shall submit an application fee in the amount of $5,000 to the City of Canandaigua. This fee will be kept in an interest-bearing account by the City of Canandaigua. As the City of Canandaigua expends monies to review the application and/or its environmental impact, including but not limited to, staff salaries, expenses and personnel costs, consultant costs, and attorney's fees, the City of Canandaigua shall reimburse itself for all such expenditures from this account or from other monies paid by the developer. As the City reimburses itself from this account, the developer shall deposit additional monies sufficient to maintain the fund at a $5,000 level. Interest on the account and monies in the account, when the development is completed, shall be returned to the developer.
(4)
Upon receipt of the sketch plan and supporting documentation, the City Council, or the City Manager acting for the City Council, shall certify that the submission is complete and submit the sketch plan and supporting documentation to the City of Canandaigua Planning Commission and to the City staff for coordinated staff review.
(5)
The Planning Commission shall review the sketch plan and accompanying information and documents. It shall render either a favorable or unfavorable report to the City Council after its review of the proposed draft of the environmental impact statement, if applicable, or after it is determined by the City Council that no such statement is required. The Council shall set the due date for such report and may request a preliminary report from the Planning Commission to assist in review of the proposal at anytime. The Planning Commission shall refer to the Ontario County Planning Board for comment the sketch plan, accompanying information and documents, and if required, the proposed draft environmental impact statement upon the Planning Commission's receipt of this information.
(a)
A favorable report from the Planning Commission shall be based on the following findings which shall be included as part of the report:
[1]
The proposal meets City zoning and planning goals for the area in question;
[2]
The proposal meets the intent and objectives of planned unit development as expressed in § 850-120.
[4]
The proposal is conceptually sound in that it meets local and area wide needs and it conforms to accepted design principles in the proposed functional roadway and pedestrian system, land use and configuration, open space system, drainage system, and scale of the elements both absolutely and to one another.
[5]
There are adequate services and utilities available or proposed to be made available in the construction of the development.
(b)
An unfavorable report shall state clearly the reasons therefor.
(c)
The Planning Commission may recommend changes in or conditions to the sketch plan which mitigate problems or improve compliance with Subsection B(5)(a)[1] through [4].
(6)
The City Manager shall submit a report, based upon the coordinated staff review, to the City Council within 60 days of the submission from the City Council for the coordinated staff review.
C.
PUD districting and sketch plan approval or disapproval.
(1)
Upon receipt of a report from the Planning Commission recommending approval or disapproval of sketch plan, the City Council shall set a date for and conduct a public hearing for the purpose of considering PUD district designation for the area of applicant's plan in accordance with applicable law and for the purpose of obtaining public input regarding sketch plan approval or disapproval. Said public hearing shall be conducted within 30 days of the receipt of the Planning Commission report or if a draft environmental impact statement is required, within 30 days of its acceptance or adoption.
(2)
Within 60 days after the public hearing, City Council shall render its decision on the application, either approving or disapproving the sketch plan with or without conditions.
D.
Factors for consideration. The City Council's decision whether to approve the sketch plan and designate the area as a planned unit development (PUD) district shall include, but is not limited to, the following considerations:
(1)
Adequacy and arrangement of pedestrian traffic access and circulation including intersections, road widths, channelization structures and traffic controls;
(2)
Adequacy and arrangement of pedestrian traffic access and circulation including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic, and pedestrian convenience;
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading;
(4)
Location, arrangement, size and design of buildings, lighting and signs;
(5)
Relationship of the various uses to one another and their scale;
(6)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise deterring buffer between adjacent uses and adjoining lands;
(7)
In the case of apartment houses or multiple dwellings, the adequacy of usable open space for playgrounds and informal recreation;
(8)
Adequacy of stormwater and sanitary waste disposal facilities;
(9)
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion;
(10)
Protection of adjacent properties against noise, glare, unsightliness, or other objectionable features;
(11)
Overall environment impact;
(12)
Conformance with other goals of the City which may have been stated in the zoning resolutions or the City Comprehensive Plan.
E.
Architectural requirements. The City Council may require the exterior design of all structures be made by, or under the direction of, a registered architect whose seal shall be affixed to the plans. The City Council may also impose architectural style requirements so that the buildings and improvements within the project are internally harmonious and appropriate to the community as a whole.
F.
Historic zoning. Notwithstanding any other provisions of law, Article XI, Historic Zoning, of this chapter shall remain in effect and no PUD shall involve any historic district or structures as set forth in that article without full compliance with each and every provision of that article.
G.
Zoning for planned unit developments. If City Council approves the sketch plan, it shall designate the project areas as PUD district and the Zoning Map shall be so notated. City Council may, if it feels it is necessary in order to fully protect the public health, safety, and welfare of the community, attach to its approval resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening; land use mixes; order of construction and/or occupancy; circulation systems both vehicular and pedestrian; availability of sites within the area for necessary public services such as schools, fire houses, and libraries; protection of natural and/or historic sites; and other such physical or social demands. City Council shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in § 850-121E. The City Council may condition approval of the sketch plan upon submission of letters of credit and/or performance bonds.
§ 850-125 Site plan approval process.
A.
Application for preliminary site plan approval. Application for preliminary site plan approval shall be accompanied by the following information prepared by a licensed engineer, architect and/or landscape architect:
(1)
A topographic map showing contour intervals of not more than five feet of elevation shall be provided.
(2)
A preliminary site plan including the following information:
(a)
Title of drawing, including name and address of applicant;
(b)
North point, scale and date;
(c)
Boundaries of the property plotted to scale;
(d)
Existing watercourses;
(e)
A site plan showing location, proposed use and height of all buildings; location of all parking and truck loading areas, with access and egress drives thereto; location and proposed development of all open spaces including parks, playgrounds and open reservations; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; description of method of sewage disposal and location of such facilities; location and size of all signs; location and proposed development of buffer areas; location and design of lighting facilities; and the amount of building area proposed for nonresidential uses, if any.
B.
City Planning Commission. Upon receipt of the application for preliminary site plan approval to the City Director of Development and Planning, the application shall be referred to the City Planning Commission for its review and approval. A copy of said application shall be made to the City Council so that the City Council may issue a statement of consistency or inconsistency with the approved sketch plan.
[Amended 7-2-2015 by Ord. No. 2015-004]
C.
Action on preliminary site plan application.
[Amended 7-2-2015 by Ord. No. 2015-004]
(1)
Within 90 days of the receipt of the application for preliminary site plan approval, the City Planning Commission shall act on it. If no decision is made within said ninety-day period, the preliminary site plan shall be considered conditionally approved. The City Planning Commission may hold a public hearing to review the proposed preliminary site plan. The City Planning Commission's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is conditionally approved. A copy of the appropriate minutes of the City Planning Commission shall be a sufficient report.
(2)
The City Planning Commission's statement may include recommendations as to desirable revisions to be incorporated in the final site plan, of which conformance with shall be considered a condition of approval. Such recommendations shall be limited, however, to siting and dimensional details within general use areas and shall not significantly alter the sketch plan as it was approved.
(3)
If the preliminary site plan is disapproved, the City Planning Commission's statement shall contain the reasons for such findings. In such a case, the City Planning Commission may recommend further study of the site plan and resubmission of the preliminary site plan to the City Planning Commission after it has been revised or redesigned.
(4)
No modification of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with moderate to high susceptibility to erosion, or excavation for and construction of site improvements shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of this Zoning Chapter and, where necessary, final site plan approval may require the modification or removal of site improvements.
D.
Request for changes in the sketch plan. If in the site plan development it becomes apparent that certain elements of the sketch plan, as it has been approved by City Council are unfeasible and in need of significant modification, the applicant shall then present his solution to the City Planning Commission as his preliminary site plan in accordance with the above procedures. The City Planning Commission shall then first determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the site plan shall be considered as disapproved. The developer may then, if he wishes, produce another site plan in conformance with the approved sketch plan. If an affirmative decision is reached, the Planning Commission shall so notify City Council stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the City Council.
[Amended 7-2-2015 by Ord. No. 2015-004]
E.
Application for final detailed site plan approval.
[Amended 7-2-2015 by Ord. No. 2015-004]
(1)
After receiving conditional approval from the City Planning Commission on a preliminary site plan, with the consent of City Council if required, and approval for all necessary permits and curb cuts from government officials, the applicant may prepare his final detailed site plan and submit it to the City Planning Commission for final approval; except that if more than 12 months has elapsed between the time of the approval of the preliminary site plan and if the City Planning Commission finds that conditions have changed significantly in the interim, the City Planning Commission may require a submission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
(2)
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revisions or other features that may have been recommended by the City Planning Commission or City Council at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
(a)
The final site plan at a scale of 50 feet to one inch. Where more than one sheet is required to show the entire development, a key map shall be provided.
(b)
The lines of existing and proposed streets and sidewalks immediately adjoining and within the PUD.
(c)
The names of existing and proposed streets.
(d)
Typical cross sections of proposed streets and sidewalks.
(e)
Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.
(f)
Layout of proposed lots, including lot numbers and proposed numbering system for buildings.
(g)
The location and size of any existing and proposed sewers (stormwater and/or sanitary), water mains, and pipes on the property or into which any connection is proposed.
(h)
Provisions for water supply and sewage disposal.
(i)
Locations of survey monuments.
(j)
A planting plan indicating locations, varieties, and minimum sizes of trees to be planted and of existing trees to be preserved. Existing wooded areas need not be itemized, but should be generally described.
(k)
Brief specifications, or reference to City standards, for all public facilities to be constructed or installed within the PUD stage.
(l)
A proposed lighting plan stating the style and number of fixtures and the proposed type of luminaries, which shall be dark-sky compliant.
(m)
Architectural plans, including proposed materials and colors to be utilized.
(n)
Proposed locations and sizes of any signage.
F.
Action on the final detailed site plan application.
(1)
Within 60 days of the receipt of the application for final site plan approval, and after a duly advertised public hearing in accordance with law, the City Planning Commission shall render a decision to the applicant. If no decision is made within the sixty-day period, the final site plan shall be considered approved.
(a)
Upon approval of an application by the City Planning Commission, the Chairman of the City Planning Commission shall endorse his approval on a copy of the final site plan and shall forward it to the Code Enforcement Officer, who shall then issue a building permit to the applicant, if the project conforms to all other applicable requirements.
(b)
Upon disapproval of an application, the City Planning Commission shall so inform the Code Enforcement Officer and the City Council. The City Planning Commission shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
G.
Staging. If the applicant wishes to stage his development, and he has so indicated as required, then he may submit only those stages he wishes to develop for site plan approval in accordance with his staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged; and a staging plan must be developed. It is the intent of this article that individual stages of the PUD will have an integrity of use in their own right so that, if for any reason, the entire PUD would not be completed, those portions of the PUD already constructed will be an asset to the community by themselves. Staging plans must take account of this objective, and developers proposing individual stages that deviate significantly from the overall character of the PUD should present convincing evidence that such a state is indeed in keeping with this action.
§ 850-126 Other regulations applicable to planned developments.
A.
Regulation after final site plan approval. To regulate development and use of property after final site plan approval, any changes (including but not limited to use changes, area variances, site plan changes that vary by 10% from the approved building footprint, changes in any item of the approved final site plan, and any requested changes to any conditions imposed pursuant to this article) must be approved by the City Planning Commission after notification to the City Council.
[Amended 7-2-2015 by Ord. No. 2015-004]
(1)
It shall be noted that properties in planned unit development districts are unique and shall be so considered by the City Planning Commission when evaluating these requests; and maintenance of the intent and function of the planned unit shall be of primary importance.
(2)
An application for an amendment to an approved plan shall be reviewed under the same procedures set forth in § 850-125E, F and G. If in the course of such review it becomes apparent that such proposed amendments are significantly different from the approved final site plan as to be considered inconsistent, then such amendments shall not be approved.
B.
Site plan review. Site plan review under the provisions of this article shall suffice for Planning Commission review of subdivisions regulations, subject to the following conditions:
(1)
The developer shall prepare sets of subdivision plats suitable for filing with the office of the Ontario County Clerk in addition to those drawings required above.
(2)
The developer shall plat the entire development as a subdivision; however, PUDs being developed in stages may be platted and filed in the same stages.
(3)
Final site plan approval under § 850-125F(1) shall constitute final plat approval under the City's subdivision regulations.[1]
(4)
The developer shall be responsible for the cost of third-party review and inspections related to compliance with the New York State Building and Construction Codes, Fire Prevention and Safety, and Utilities. The developer shall submit a deposit in the amount of $10,000 to the City of Canandaigua prior to the issuance of any building permits on the final site plan. This fee will be kept in an interest-bearing account by the City of Canandaigua. As the City of Canandaigua expends monies related to third-party review and inspections, including but not limited to consultant costs and attorney's fees, the City of Canandaigua shall reimburse itself for all such expenditures from this account or from other monies paid by the developer. As the City reimburses itself from this account, the developer shall deposit additional monies sufficient to maintain the fund at a $5,000 level. Interest on the account and monies in the account, when a certificate of occupancy is completed, shall be returned to the developer.
[Added 7-2-2015 by Ord. No. 2015-004]
§ 850-127 Financial responsibility.
No building permits shall be issued for construction within a PUD district until improvements are installed or performance bond or letter of credit posted in accordance with the requirements of the City Corporation Counsel and City Manager. Other such requirements may also be established from time to time by City Council.[1]
[1]
Editor's Note: Original Section 10.48.1000, Historical Note, which immediately followed this section, is excluded from the 2007 codification. Its information can be found in the chapter history at the beginning of this chapter.