Hamilton Village City Zoning Code
ARTICLE VII
Planned Development Districts
§ 174-28 Purpose.
The purpose of these districts is to provide a means for developing land areas for residential or business uses or a satisfactory combination of multiple uses in an economic and compatible manner, but without departing from the spirit and intent of this chapter.
§ 174-29 Classifications.
The classification Planned Development District is intended to designate an area of land that will be held for development for residential or business purposes or a combination of these uses, in accordance with the procedures and standards set forth in this article.
§ 174-30 General procedure.
Establishment of a planned development district project shall require two steps:
A.
Approval of a preliminary development plan and amendment of the Zoning District Map by the Village Board of Trustees to establish a Planned Development District; and
B.
Authorization to proceed with the project in a Planned Development District.
§ 174-31 Amendment of Zoning Map to Planned Development District.
A.
Application for amendment of the Zoning Map for a Planned Development District shall be made to the Village Administrator for transmittal to the Village Board of Trustees for consideration at its next regularly scheduled meeting.
B.
The applicant shall submit a preliminary development plan, in an appropriate scale, illustrating the type, uses and design of the proposed development, including any or all of the following as required by the Village Board of Trustees:
(1)
Boundaries of the proposed district.
(2)
Topography, soil conditions, drainage, stormwater management.
(3)
Land uses and building locations.
(4)
Roads, parking areas, walks.
(5)
Common open spaces.
(6)
Landscaping, fencing, screening.
(7)
Lighting.
(8)
Construction sequence by phases.
(9)
Feasibility studies of utility, traffic and other similar potential issues arising from the proposed project.
(10)
SEQR EAF long form.
C.
If the Village Board of Trustees deems the application worthy of further consideration, it shall refer the complete application to the Planning Board for review and recommendation(s). If the Village Board rejects the application, no further review shall occur.
D.
The Planning Board shall review the application to determine whether it is complete and may request clarification and additional information from the applicant regarding any aspect of the application. The Planning Board and the applicant may negotiate refinements or modifications in the preliminary development plan proposal or other components of the application. The negotiating process is intended to permit changes to the original application document that shall allow the project to meet the objectives of these regulations. The applicant may terminate negotiations at any time by asking the Planning Board to proceed without further negotiation with its review procedures at its next regular meeting.
E.
The Planning Board, in consultation with the Village Administrator and the Code Enforcement Official, shall review the application and evaluate the proposal to consider the following:
(1)
Consistency with the stated purpose(s) of a Planned Development District.
(2)
Extent of departure from the requirements and standards of the chapter otherwise applicable to the property and the advantages and amenities resulting from such departure.
(3)
Location of the site in relation to all abutting properties and streets, showing existing property lines, rights-of-way and easements.
(4)
Location, bulk and height of buildings and uses in relation to one another and to other structures and uses in the vicinity.
(5)
Vehicular and pedestrian traffic circulation, its relation to existing traffic facilities and patterns and the probable amount of traffic to be generated.
(6)
Adequacy of existing and proposed utilities, fire protection and other services.
(7)
Protection of the environment.
(a)
Review of the plan by the Planning Board for SEQR compliance.
(8)
Purpose, location and amount of common open spaces.
(9)
Architectural and landscaping design.
(10)
Sufficiency of terms and conditions for protection of the integrity, conservation and maintenance of the plans.
(11)
A logical projection of construction phases.
F.
Within 60 days of official submission to the Planning Board, that Board will recommend approval, approval with modifications, or disapproval to the Board of Trustees, giving reasons therefor.
(1)
The Planning Board shall recommend conditions for the district that shall address the ongoing development of the Planned Development District to assure its harmony with the intentions of the submitted plan.
(2)
The time period for Planning Board recommendation may be extended by mutual consent of the applicant and the Planning Board.
G.
Prior to acting on the application, the Village Board of Trustees shall hold a public hearing and shall consider the report and recommendations of the Planning Board and all other comments, reviews and statements pertaining thereto. The Village Board of Trustees may act to amend the Zoning Map to establish and define the type and boundaries of the planned development district and, in order to protect the health, safety and general welfare of the community, may establish additional requirements and specific conditions restricting the nature, density, or design of proposed land use and development and may request that the applicant submit an amended preliminary development plan conforming with such requirements and conditions prior to final action by the Board to establish a district.
(1)
Not less than 15 days prior to any public hearing held by the Board of Trustees pursuant to this section, a notice of the public hearing shall be sent by United States Postal Service mail to all owners of property, as identified on the then-current assessment roll, within 500 feet of the boundary of the property proposed to be rezoned.
(2)
Failure to mail such notice of public hearing to any or all such property owners in accordance with the requirements of this section, or an owner's failure to receive such notice of public hearing, shall not affect the validity of any zoning amendment adopted by the Board of Trustees.
H.
Before taking final action on amending the Zoning Map, the Village Board of Trustees shall, when so required, refer such matters to the Madison County Planning Agency in accordance with the provisions of § 174-91 and of General Municipal Law. (See § 174-91.)
I.
Upon approval by the Village Board of Trustees of a preliminary development plan and establishment of a Planned Development District, the plan shall be filed in the office of the Code Enforcement Officer and shall serve as a permanent record to guide future action.
(1)
The preliminary development plan and conditions associated with the Planned Development Districts as approved by the Village Board shall deemed included in Appendix A of this chapter.
(2)
Description and location of planned districts.
(a)
Planned District for Shopping Plaza. This district encompasses land at the northern edge of the Village to the east of 12B. It was created in the 1980s to assure coherent development of the first big-box stores in the community.
(b)
Planned District for Madison Lane Senior Housing. This district encompassed several parcels in the northeastern sector of the Village between Madison Street, Payne Street, and the Colgate Golf Course. It was created to assure coherent development of Madison Lane Senior Community.
(c)
Planned District for Community Bank. This district encompasses land between Hamilton Street and East Broad Street, east of the lower park. It was created in the 1970s to permit the location of a bank on the old Hamilton School District property without opening the area up to further commercial or retail development.
(d)
Planned District for Five Trees. This district encompasses land to the west of the feeder canal along Sycamore Place, Hickory Court, and Tamarack Terrace. It was created in the 2000s to facilitate the residential development with a cluster development strategy.
(e)
Planned District for Good Nature Brewing. This district occupies a lot at the southern limit of the Village on the west side of 12B. It was created in 2016 to support the development of Good Nature Farm Brewery.
a and b (left img).tif.SM.png) Figure 174-31I(2)(a) and (b): Planned District Shopping Plaza and Madison Lane Senior Housing | a and b (right img).tif.SM.png) |
c.tif.SM.png) Figure 174-31I(2)(c): Planned District for Community Bank |
d.tif.SM.png) Figure 174-31I(2)(d): Planned District for Five Trees |
e.tif.SM.png) Figure 174-31I(2)(e): Planned District for Good Nature Brewery |
§ 174-32 Authorization to undertake construction and development in approved district.
A.
Amendment of the Zoning Map to establish a district shall not constitute authorization to undertake any construction and development in the district.
B.
Authorization shall require that the applicant submit to the Planning Board a final development plan conforming to conditions and restrictions imposed by the Village Board of Trustees, if any, and such further plans and specifications and supporting documents required for a building permit. The final development plans shall include the approved preliminary plan and any or all of the following as required by the Planning Board:
(1)
Property survey, showing existing contours/topography, buildings, structures, trees over four inches' caliper, streets, easements and rights-of-way.
(2)
Site plans with proposed building locations, streets, parking areas, walks, signs, exterior lighting, grading and landscape design.
(3)
Preliminary drawings for buildings to be constructed in the current phase, including plans, exterior elevations and sections.
(4)
Preliminary engineering plans, including street design, drainage systems and public utilities.
(5)
Construction time schedule.
(6)
Maximum safety for vehicular access to and egress from the site to existing or proposed streets and effectiveness of on-site traffic and pedestrian circulation.
(7)
Adequacy of landscaping and setbacks as a way of mitigating adverse environmental impacts and achieving compatibility with adjacent properties.
C.
If the applicant has previously indicated that development of the district will be phased, the application for a building permit may be limited to approved phases. It is the intent of these regulations that any individual phases of a planned development project proceed logically and have an integrity of use in their own right so that if for any reason the entire planned development is not completed, the developed portions will be an asset to the community by themselves and can eventually be extended and completed without land areas becoming isolated and inaccessible. Phasing plans shall consider this objective.
(1)
Modification to the final development plan may take place only after approval by the Planning Board and only if such modification remains within the regulations of the Planned Development District as set by the Village Board of Trustees.
(2)
Any departure from the regulations of the Planned Development District requires amendment by the Village Board of Trustees.
D.
No building permit shall be issued until the Planning Board has undertaken its normal reviews required by these regulations and has determined that the final development plan has been made to conform to all prior conditions and restrictions, if any, and has approved the plan, and until the Planning Board has forwarded a copy of the approved plan to the Village Board of Trustees.
E.
If development of a Planned Development District has not commenced within one year after the date of the Planning Board approval of a final development plan and issuance of a building permit, the permit shall become null and void, and the plan approval shall be deemed revoked and vacated, except that such time period may be extended upon application to and authorization by the Planning Board.
F.
If construction in a Planned Development District has not commenced within the period described above, the Village Board of Trustees may elect to conduct a public hearing and otherwise consider and act upon amendment of zoning of the land from Planned Development District to its former district status.
§ 174-33 Conditions to run with and be conveyed with land.
All conditions required by the Village Board of Trustees in establishing the planned development district and in approval of plans by the Planning Board, including any whose performance may be precedent to the issuance of any permit, shall run with, and be conveyed with the land and shall not lapse or be waived because of ownership or tenancy change in any or all of the designated district.