Clayton Village City Zoning Code
ARTICLE V
Planned Development Districts
§ 132-14 General intent and objectives.
A.
A planned development district may be established in the Village and designated as a specific location on the Zoning Map. The purpose for establishing such a district is to allow compatible development of a variety of uses (e.g., residential, commercial, recreational, historical, etc.) and to vary the strict application of the requirements of this chapter.
B.
Planned development districts (PDD) provide for innovative development at a larger scale than allowed by traditional zoning, without necessitating constant exceptions to the zoning law. A PDD allows 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 Village 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. This article specifically recognizes that residential development at all levels may be met by greater variety in type, design, and siting of dwellings and by the conservation and more efficient use of land in such developments. PDDs do not require a mix of residential and nonresidential uses to be considered for review.
C.
PDDs are deemed appropriate through the rezoning of land to a planned development district by the Village Board. The use and dimensional specifications found elsewhere in these regulations are then replaced by an approval process based upon the performance criteria outlined in this article, and conditions prescribed by the Planning Board and the Village Board.
§ 132-15 General requirements and review criteria.
A.
Requirements for consideration as a planned development district.
(1)
Minimum area. The district must comprise at least five acres of contiguous land.
(2)
Ownership. The tract of land for a project may be owned, leased 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 the holder of a valid purchase offer or development option of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
(3)
Location of PDD. The PDD shall be applicable to any area of the Village where the applicant can demonstrate that the characteristics of its holdings will meet the objectives of this article.
(4)
Allowed uses. Following are descriptions of residential and nonresidential uses allowed in the planned development district. These uses may be mixed, separated or the development may accommodate only one type of use (i.e., residential or nonresidential).
(a)
Residential uses. Residences may be of any variety of type including single-family, two-family, multifamily, and townhouse dwellings. No manufactured homes will be permitted.
(b)
Nonresidential uses may include small retail/service, recreational facility, community facilities, restaurants, marinas. All such uses shall be in keeping with the character of the proposed district and adjacent areas.
(c)
The nonresidential uses of a commercial or business nature may be in separate buildings or incorporated within two-family or multifamily structures or in suitable combinations of these alternatives.
(d)
Customarily accessory uses, such as private garages and storage spaces shall be allowed.
(5)
Common property in the PDD. Common property is not required to be considered for PDD status. However, it is often characteristic of such proposals. Common property within a PDD is a parcel or parcels, with or without the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. When common property exists in private ownership, satisfactory arrangements must be presented for the improvement, operation and maintenance of such common property and facilities, including private streets, service and parking areas, and recreational and open space areas.
B.
The Planning Board and Village Board shall use the general review criteria as outlined in Article VIII, 132-37, as criteria for final review of all planned development districts.
§ 132-16 Procedure.
The following are procedural steps that shall be followed when applying for PDD status.
A.
Application for establishment of a planned development district shall be made to the Village Board by the owner(s), or a duly authorized agent, of property proposed to be included in the district at a regular or special meeting of the Village Board.
B.
Application shall be on forms provided by the Village, be accompanied by the appropriate fee, and contain all information required for a preliminary site plan as determined by the Planning Board. The site plan shall show proposed setbacks and lot sizes.
C.
The Village Board shall, within seven days of receipt, refer the submitted materials to the Planning Board for its consideration and recommendation.
D.
The Planning Board shall submit a recommendation to the Village Board within 62 days of the referral. In conducting its review, the Planning Board shall consider the site plan review criteria and make the following findings:
(1)
The uses proposed will not be detrimental to present and potential surrounding uses.
(2)
Land surrounding the proposed development is compatible in use and can be planned in coordination with the proposed development.
(3)
The proposed change is in conformance with the general intent of the Comprehensive Plan for the community.
(4)
Existing and proposed roads are suitable and adequate to carry anticipated traffic within and around the proposed development.
(5)
Existing and proposed utility services are adequate for the proposed development.
(6)
Each phase of the proposed development, as it is proposed to be completed, contains the required parking, landscaping, and utilities necessary for creating and sustaining a desirable and stable environment.
(7)
The proposed PDD shall conform to the Village Comprehensive Plan.
E.
Within 62 days of the Planning Board's report, the Village Board shall conduct a public hearing, pursuant to all the requirements of this chapter, and other appropriate laws regarding publication, notification and referral.
F.
The Village Board may refer the PDD to the Planning Board for additional review if substantial changes are made in the site plan, from the PDD recommended by the Planning Board.
G.
The Village Board shall determine what revisions constitute a substantial change. However, they shall include such features as the following:
(1)
A major change in the uses or character of the development;
(2)
An increase in the overall coverage of structures;
(3)
An increase in density of structures or intensity of use;
(4)
A major decrease in the amount of open space or recreation land.
H.
The Village shall refer PDD proposals to the County Planning Board for review and recommendation if it meets the criteria of General Municipal Law § 239-m prior to final action by the Village Board on the application.
I.
Upon approval by the Village Board, any specific requirements approved in the formation of a planned development district shall be made part of this chapter and recognized as a separate zoning district. The uses, yards, setbacks, and open spaces approved as part of the PDD will become the regulations and be referenced in the PDD section of the chapter.
J.
The Village Board shall make a final determination on the application within 62 days of completion of its public hearing, completion of the required reviews under the State Environmental Review Law, and any referral and review requirements under § 239-m of the New York General Municipal Law.