Corning City Zoning Code
ARTICLE V
Planned Development District PDD
§ 240-27 Intent.
The provisions of this article are intended to permit and encourage the development of well-planned, high-density developments on sites larger than normal building lots. To give the site planner maximum freedom, more intensive use of land may be permitted, and the coverage, height, setback and other requirements may be varied under circumstances which will ensure more imaginative use of a building site than can be achieved under the other regulations of this chapter. This district may contain both individual building sites and common property which is planned and developed as a unit. The planned development district shall be considered a rezoning and shall be subject to all procedures and requirements set forth in this article and Article XI.
§ 240-28 Permitted uses.
§ 240-29 Governing standards.
Any development proposal to be considered as a planned development district shall conform to the following standards, which shall be regarded as minimum requirements, in addition to all applicable standards in other sections of this article:
A.
A tract or parcel or lot, or tracts, parcels or lots, may be considered for a planned development district if the combined land area is 40,000 square feet or greater.
B.
Density. The Planning Commission shall determine in each case the appropriate dwelling unit density and place of such units on the parcel.
C.
All parcels shall be serviced by public water and sanitary sewer systems.
E.
Setback requirements.
(1)
Front yard. Front yard setbacks shall be no less than those specified in the RT or C zone stated in the Density Control Schedule.[1]
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(2)
Distance between buildings. The minimum distance between buildings, other than buildings containing common walls, shall be equal to the average of the building heights.
F.
Open space. The development shall not have dedicated for open space all undeveloped lands that are not included in any required buffer or yard area.
§ 240-30 Special provisions.
A.
The tract of land for a project may be owned, leased or controlled either by a single person or corporation, or 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.
B.
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 improvements, operation and maintenance of common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas.
C.
For the purposes of regulating the development use of property after initial construction and occupancy, any changes shall be subject to a site plan approval by the Planning Commission. Properties lying in the PDD are unique and shall be so considered by the Planning Commission when evaluating those requests, and maintenance of the intent and function of the planned unit shall be of primary importance.
§ 240-31 Procedures for establishing planned development district.
A.
General. Whenever a PDD is proposed, the prospective developer or his authorized agent shall apply for and secure approval of such planned development district in accordance with the following procedures.
B.
Formal application. A formal application for establishment of a planned development district shall be made in writing to the City Council. The application shall also be accompanied by a full environmental assessment form.
C.
Application content. The formal application shall describe the proposed physical changes to the project area in a report that includes graphics and a supporting narrative. The application shall contain sufficient facts and information for the Planning Commission to make the findings required under this section. The following information is required; however, the level of detail shall be sufficient to provide the Planning Commission with enough information to understand the proposed PDD:
(1)
All material and data necessary to conduct review under the State Environmental Quality Review Act.
(2)
A map identifying the boundaries and physical characteristics of the proposed PDD, including uses and ownership of abutting lands.
(3)
A conceptual development plan, including a narrative of the intent and attributes of the proposed district(s) that describes the location, conceptual design, use of any lots and structures.
(4)
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
(5)
Existing state, county or City roadways that provide access to the area.
(6)
Infrastructure improvement preliminary plans, including water supply, sanitary, storm drainage and energy.
(7)
The general plan for the collection and disposal of solid wastes.
(8)
Any anticipated changes in the existing topography and natural features.
(9)
General landscaping concept and features.
(10)
The conceptual footprint, height and bulk of buildings and the intended use for such buildings.
(11)
Maximum development intensity, dimensional requirements and setbacks.
(12)
The number, size and location of automobile parking areas, driveways and loading areas and the access to such areas.
(13)
Other proposed site improvements.
(14)
Phasing program, if phases are proposed.
(15)
Supporting information to describe compatibility with the Master Plan and the Residential Housing Improvement & Expansion Study.
(16)
A proposed amendment to the Zoning Code, including, at a minimum, a written metes and bounds description of the property and standards for development.
D.
Within 60 days after receipt of a PDD application, City Council shall act on the application.
(1)
Refuse. If City Council refuses the application, they shall state the reason for refusal.
(2)
Table. City Council may table the application for more information or changes based on the recommendation of City Council.
(3)
Accept. City Council may accept the application for consideration. Acceptance for consideration is not an approval of the PDD. City Council is not obligated in any way to approve the PDD based on such acceptance for consideration.
E.
Upon acceptance for consideration of the application for a PDD, City Council shall make an initial SEQRA determination and establish lead agency.
F.
Upon acceptance for consideration of the application for a PDD, the City Council shall refer the application to the Planning Commission within 30 days for review as a site plan in accordance with §§ 240-86 through 240-88. The City Council shall also refer the application according to the requirements of General Municipal Law §§ 239-m, 239-n, and 239-nn and SEQRA.
(1)
During their referral to the Planning Commission, the City Council, in its legislative capacity, shall establish the boundaries of the proposed PDD and set limits on the nature and range of uses, geometric and site controls and overall project planning.
G.
Planning Commission review.
(2)
The Planning Commission may require such changes in the preliminary plans as are found necessary or desirable to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the community.
(3)
At the completion of their review, the Planning Commission shall issue an advisory report to the City Council on the PDD application within 45 days. The advisory report shall make a recommendation to approve, with or without conditions, or disapprove the PDD application.
(4)
Planning Commission recommendation of the preliminary plans shall not constitute nor imply approval of a building project, nor imply a permit for said project.
§ 240-32 Final action.
A.
City Council.
(1)
Upon receipt of the Planning Commission advisory report, the City Council may then consider the legal establishment of the planned development district through a Zoning District Map amendment. In particular, any application for creation of a planned development district shall be considered a Type 1 action under SEQRA and City Council shall make a determination of impact or significance.
(2)
City Council shall hold a public hearing thereon upon such notice as is required by this chapter for a zoning amendment and applicable provisions of the City Law of the State of New York.
(3)
City Council shall render a decision on the application within 62 days of the public hearing, unless an extension of time is agreed to by the applicant and City Council, according to the following criteria:
(a)
That the PDD is consistent with the purpose and intent of this Code, including, where applicable, the objectives and standards of this chapter.
(b)
That the PDD is compatible with the surrounding neighborhood context and character and is in conformance with the policies in the Master Plan and the Residential Housing Improvement & Expansion Study.
(c)
That the PDD has mitigated potential undue adverse environmental impact as set forth during SEQRA review to the maximum extent practicable.
(d)
That the PDD will add to the long-term assets of the community and it will not erode the livability or economic viability of existing and neighboring areas.
(4)
If the change to a PDD is approved by the City Council, the Official City Zoning Map shall be amended to define the boundaries of the planned development district, and such amendment shall be advertised and recorded in accordance with the requirements of General Municipal Law.