Hyde Park City Zoning Code
§ 108-7.2
Eligibility.
The PUD Overlay District is designed to allow an applicant to submit a proposal for consideration of any uses or any mixture of uses permitted by this chapter in any district that are consistent with the Comprehensive Plan of the Town, and to allow the Planning Board and the Town Board to approve any proposal which the Town Board determines to be in the best interest of the public health, safety and welfare, along with any conditions, requirements or limitations thereon which the Town Board and the Planning Board deem advisable. Final approval of a PUD proposal rests with the Town Board. However, no PUD shall be eligible for approval unless the following minimum conditions are met:
A.
Minimum area and density. In the Greenbelt and Waterfront Districts, the minimum area required for a PUD proposal is 40 acres. In the Neighborhood, Hamlet, Business Districts, Landing Districts and Cores, the minimum area required for a PUD proposal is 20 acres. In the Bellefield Planned Development District, the minimum area required for a PUD proposal is 100 acres. All residential density increases above the underlying density maximums shall be subject to review and approval by the Town Board. In determining base densities for all residential components of a proposed PUD, the proposed total acreage for all nonresidential uses shall be subtracted from the total PUD acreage. (Note the additional factors for Greenbelt and Waterfront calculations in § 108-5.15.) The remaining acreage shall then be used to determine the maximum number of dwelling units for the residential component of the PUD.
B.
Not less than 30% and not more than 50% of the gross square feet of the floor space of the proposed development shall be for nonresidential uses. All such nonresidential uses shall be clustered within a center.
[Amended 8-24-2009 by L.L. No. 2-2009]
C.
Open space. A minimum acreage of 30% of the total PUD acreage shall be designated as open space for all PUD proposals.
D.
Configuration. The lot or lots for which the PUD proposal is made shall be contiguous and with sufficient width and depth to accommodate the proposed use.
E.
Unified control/ownership. All land included for the purpose of development within a PUD shall be under the unified control of the applicant for such PUD, whether the applicant be an individual, partnership, corporation, or other entity, and shall be planned and developed as a whole in a single development operation or a definitely programmed series of development operations or phases. The applicant shall provide the Zoning Administrator all of the necessary documents and information that may be required by the Town Attorney to assure the Town that the development project may be lawfully completed according to the plans sought to be approved.
F.
Phasing. If the development is to be phased, residential and nonresidential uses shall be included in each phase of the development to assure that each phase maintains the percentage balance of residential and nonresidential uses required by the Town Board in its approval of the PUD concept plan. (See § 108-7.3B below.)