Liverpool City Zoning Code
ARTICLE XII
PUD Planned Unit Development
§ 380-70 Purpose.
A.
It is the purpose of the Planned Unit Development (PUD) District is to provide flexible land use regulations so that business districts, including and most especially mixed-use business districts, and the light industrial district can be developed within the Village as a fully functional, well-planned district with a critical mass of self-supporting, sustainable development designed consistent with the vision established within the Village of Liverpool Comprehensive Plan 2025 and the corresponding Downtown Redevelopment Plan (both of which are hereafter referred to as the "Plan").[1] The intent of the PUD is to support the furtherance of development consistent with the Plan's vision for the business and industrial districts as summarized in their corresponding purpose statements by achieving economies of scale through creativity and flexibility of site design as well as other opportunities that are afforded by large-scale development.
[1]
Editor's Note: The Comprehensive Plan and the Downtown Redevelopment Plan are on file in the Village offices.
B.
The PUD is also intended to provide incentives for development consistent with the plan for both public and private spaces. Density bonuses will be offered in exchange for the provision of on-site/off-site public and private amenities and streetscaping consistent with the Village's historic civic center, waterfront, and hanging garden public space and amenity themes. As noted in the Plan, on-site/off-site public and private amenities such as interior courtyards, plazas, pocket parks, decorative banners and signage, pedestrian gateways, and even rooftop gardens are encouraged to recapture the Village's identity as a premier waterfront community. Through proper site design and building orientation, improved linkages to Onondaga Lake Park, including pedestrian greenways, can be achieved. Recommended site design elements include stone walls, wrought iron fencing and gateway features, tree-lined walkways with ornamental lighting and public gardens.
C.
Where PUD techniques are deemed appropriate through the rezoning of land to a PUD District by the Village Board of Trustees, the set of use and dimensional specifications elsewhere in this chapter may be replaced with an approval process in which an approved plan becomes the basis for continuing land use controls. In no case shall the regulations of this section be so interpreted as to circumvent the benefits of this chapter to the residents or occupants of adjoining properties. Furthermore, in no case shall the regulations of this section allow for a deviation of the purpose and intent of the underlying zoning district and the expressed vision for the district as established in the Plan.
§ 380-71 General requirements.
A.
Minimum area. The minimum area required to qualify for a PUD shall be 1 1/2 contiguous acres of land in a business or industrial district. For purposes of this subsection, lands separated by streams or drainage courses, highways, streets or other public or private rights-of-way shall be deemed contiguous. Boundaries should assume reasonably regular configurations, taking advantage of natural features, public rights-of-way and other clearly defined features as outer perimeters in order to facilitate buffering between the PUD and adjacent areas and in order to minimize the development obstacles created by sharply irregular boundaries resulting from noncontiguous ownership patterns.
B.
Ownership. The tract of land for which a PUD application is received must be either in one ownership or the subject of an application filed jointly by the owners of all properties and/or their agent. If the PUD application is filed by a prospective purchaser or option holder, written consent of all property owners must be submitted as evidence of their concurrence with the PUD application. In the case of multiple ownership, the approved plan shall be binding on all owners.
C.
Location of PUD. The PUD district shall be restricted to the business districts (B-1, B-2, B-3, and B-4) and the Limited Industrial Business (LI-BP) District. While the provisions for a PUD constitute a section of this Zoning Law, they do not apply to a specific area until established by a resolution of the Village Board of Trustees (hereafter referred to as "Board of Trustees").
D.
Permitted uses.
(1)
Permitted uses located in a B-1 district include all B-1 permitted uses.
(2)
Permitted uses located in a B-2 district include all B-2 permitted uses.
(3)
Permitted uses located in a B-3 district include all B-3 permitted uses.
(4)
Permitted uses located in a B-4 district include all B-4 permitted uses.
(5)
Permitted uses located in a LI-BP district include all B-5 permitted uses.
§ 380-72 Incentive development.
This section recognizes that, while the standard zoning function and the subdivision function are appropriate for the regulation of the land use in the business and industrial districts, these controls represent a type of preregulation, regulatory right, and uniformity which may be disadvantageous to the techniques of land development contained in the PUD concept. Furthermore, this section recognizes that a rigid set of space requirements and bulk specifications would frustrate the application of this concept.
A.
Relief from certain bulk regulations.
(1)
This PUD article will offer negotiation incentives such as density bonuses and relief from certain bulk regulations found in the underlying zoning district to encourage development/redevelopment of the business districts and industrial district consistent with the underlying district's purpose statement as well as the vision, goals and objectives for that area as established in the Plan. Incentives will be offered in return for the provision of on-site/off-site public and private amenities as noted in the Plan such as the development of a hanging garden streetscape theme, improved pedestrian gateways into the Village Business District from Onondaga Lake, interior courtyards, plazas, pocket parks, decorative banners and signage, ornamental lighting, and even rooftop gardens. All existing bulk regulations shall remain in effect unless relief is sought in exchange for on-site/off-site public and private amenities.
(2)
Under no circumstances shall the type of uses permitted in the underlying zoning district be modified. For example, the B-1 District only allows for mixed-use buildings. A PUD in a B-1 District shall only allow for mixed-use buildings and not single-use, single-occupancy principal buildings. Height regulations established as minimum standards in a B-1 District may be increased to allow for additional density in exchange for on-site/off-site public and private amenities as described above as well as in the Plan. In a B-1 District, relief from setback regulations should only be granted in special circumstances where it can be shown that relief from the regulation will not conflict with the purpose, intent, and vision for the area. Relief from other bulk regulations shall not be granted. Under no circumstances shall off-street parking be located within the front of a mixed-use building.
(3)
In determining whether to grant relief, the Planning Board shall establish its findings in its recommendation to the Board of Trustees regarding how the PUD advances the vision for the underlying district as expressed in the Plan and within the corresponding district purpose statement. It must be shown that relief from certain bulk regulations will not pose an adverse impact. If relief is not sought, the underlying district's bulk regulations shall remain in effect.
B.
Relief from certain supplemental regulations.
(1)
All supplemental regulations shall also be mandatory unless relief is sought in exchange for the provision of on-site/off-site public and private amenities as described above. The Planning Board may grant relief from individual supplemental regulations in return for the provision of public amenities to further the intent of the underlying district's purpose statement and the community's vision for the district as expressed in the Plan.
(2)
An applicant seeking relief from a supplemental regulation shall provide a narrative as part of the application process outlining how the relief furthers the intent of the underlying district's purpose statement as well as the community's vision for the district expressed in the Plan. In determining whether to grant relief, the Planning Board shall establish its findings in its recommendation to the Board of Trustees regarding how the PUD advances the vision for the underlying district as expressed in the Plan and within the corresponding district purpose statement. If relief is not sought, the following supplemental regulations shall remain as follows:
(3)
In determining whether to grant relief, the Planning Board shall establish its findings in its recommendation to the Board of Trustees regarding how the PUD advances the vision for the underlying district as expressed in the Plan and within the corresponding district purpose statement. It must be shown that relief from certain supplementary regulations will not pose an adverse impact. If relief is not sought, supplementary bulk regulations shall remain in effect.
§ 380-73 Considerations for exceptions to district standards.
In determining whether exceptions to district standards should be allowed, particularly regarding the intensity of land use, the Board of Trustees and the Planning Board shall consider the following factors.
A.
The ability of the proposed plan to meet the vision, goals, and objectives of the Plan.
B.
The ability of the proposed plan to meet the intent of the purpose statement of the underlying zoning district(s).
C.
The need for the proposed land use in the proposed location.
D.
The availability and adequacy of water service.
E.
The availability and adequacy of sewer service.
F.
The pedestrian circulation and open space in relation to structures.
G.
The ability of the proposed site design to prioritize pedestrian movement and safety over vehicular movement and parking.
H.
The availability and adequacy of transportation systems, including the impact on the road network.
I.
The character of the district in which the PUD is being proposed, including the safeguards provided in the underlying district to minimize possible detrimental effects of the proposed use on adjacent properties and adjacent residential neighborhoods, including mixed-use neighborhoods.
J.
The height and bulk of buildings and their relation to other structures in the vicinity.
K.
The proposed uses and density of such uses within their intended areas.
L.
Whether the proposal is actually sound in that it meets local and area-wide needs and conforms to accepted community design standards and guideline principles.
M.
Potential impacts on environmental resources including wetlands, surface water, floodplains, and plant and wildlife communities.
N.
The general ability of the land to support the development, including such factors as slope, depth to bedrock, depth to water table and soil type.
O.
Other factors as may be deemed appropriate by the Board of Trustees and Planning Board.
§ 380-74 Common property.
Common property in a PUD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Common property shall be allowed within a PUD. The ownership of such common property may be 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, services, and parking areas and recreational and open space areas.
§ 380-75 Preapplication conference.
The applicant shall meet informally with the Planning Board Chairperson, a member of the Planning Board and a member of the Board of Trustees to discuss the appropriateness of a proposed PUD and any items that should be addressed with the preparation of the PUD application.
§ 380-76 Applications and zoning approval process.
Whenever any PUD is proposed, before any permit for the erection of a permanent building in such PUD shall be granted and before any subdivision plat of any part thereof may be filed in the office of the Onondaga County Clerk, the developer or its authorized agent shall apply for and secure approval of such PUD in accordance with the following procedures:
A.
Preliminary plan application for consideration of PUD review.
(1)
In order to allow the Board of Trustees and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit an application of his proposal to the Board of Trustees. The Board of Trustees, at its next regularly scheduled meeting, may, if it determines that the proposal merits review, refer the application to the Planning Board for review and recommendation. The date of Planning Board receipt of the application shall be the next regular meeting of the Planning Board. If the Board of Trustees determines that the proposal does not merit review because it does not meet the objectives of this article, it shall not refer the application to the Planning Board and no further action on the application shall be taken.
(a)
The application shall include a plan drawn to scale, though it need not be to the precision of a finished engineering drawing and it shall clearly show the following information:
[1]
The location of the various uses and their areas.
[2]
The general outlines of the interior roadways system and all existing rights-of-way and easements, whether public or private.
[3]
Delineation of the various residential areas, indicating for each such area its general extent, size and composition in terms of total number of mixed-use dwelling units 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 such area, and a calculation of total permeable area.
[4]
The overall drainage system.
[5]
If grades exceed 3% or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation, along with an overlay outlining the above susceptible soil areas, if any. If grades are less than 3%, the topographic map may be at ten-foot contour intervals.
[6]
Principle responsibility to the community at large with respect to transportation, water supply and sewage disposal.
[7]
General description of the provisions 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.
[8]
A location map showing uses and ownership of abutting lands.
[9]
A State Environmental Quality Review Act (SEQRA) long form environmental assessment form.
(b)
In addition, the following documentation shall accompany the plan:
[1]
Evidence of how the developer's particular mix of land uses meets existing community demands.
[2]
A general statement as to how common open space is to be owned and maintained.
[3]
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 plan of this section shall show the intended total project.
[5]
Evidence of the applicant's physical and financial competence to carry out the plan and his or her awareness of the scope of such a project.
[6]
A draft zoning ordinance applicable to the project for review by the Board of Trustees. The draft ordinance shall identify all amendments to the ordinance required by the PUD.
[7]
A fiscal impact analysis identifying projected short- and long-term impacts on municipal and school district budgets.
(2)
After receipt of all required information, as determined by the Planning Board, the Planning Board shall hold a public hearing in accordance with the hearing requirements of this chapter and shall render either a favorable or an unfavorable report to the Board of Trustees within 60 days of the closing of the public hearing.
(3)
In reviewing the preliminary plan application, the Planning Board may call upon the County Planning Department and may call upon any other public or private agencies or consultants that the Board feels are necessary to provide a sound review of the proposal.
(4)
A favorable report shall include a recommendation to the Board of Trustees that a public hearing be held for the purpose of considering PUD districting. It shall be based on the following findings, which shall be included as part of this report:
(b)
That the proposal achieves the intent of the purpose statement of the underlying zoning district(s).
(c)
That the proposal meets the intent and objectives of PUD, as expressed in this article.
(d)
That the proposal meets all the general requirements in this article.
(e)
That the proposal is conceptually sound in that it meets a community need and it conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements.
(f)
That there are adequate services and utilities available or proposed to be made available in the construction of the development.
(5)
An unfavorable report shall state clearly the reasons therefor, and if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for PUD districting with the Board of Trustees. The Board of Trustees may then determine, on its own initiative, whether or not it wishes to call a public hearing.
(a)
The Chairman of the Planning Board shall certify when all of the necessary application material has been presented, and the Planning Board shall submit its report within 60 days of such certification. If a report has not been rendered after 60 days, the applicant may proceed as if a favorable report was issued.
(6)
Upon receipt of a favorable report from the Planning Board or upon its own determination subsequent to an appeal from an unfavorable report, the Board of Trustees shall set a date for and conduct a public hearing for the purpose of considering PUD districting for the applicant's preliminary plan application, in accordance with the procedures established by the Board of Trustees for holding meetings, said public hearing to be conducted within 45 days of the receipt of the favorable report or the decision on appeal from an unfavorable report.
(7)
The Board of Trustees shall refer the preliminary plan application to the Onondaga County Planning Agency for its analysis and recommendations, and the Board of Trustees shall also refer the preliminary plan application to such other agencies or consultants it deems appropriate.
(8)
Within 30 days following receipt of the report from the County Planning Agency, the Board of Trustees shall render its decision on the preliminary plan application. Failure of the Board of Trustees to act within the specified time shall constitute disapproval of the preliminary plan application.
B.
Site plan and subdivision approvals.
(1)
Subsequent to obtaining any rezoning under this article, individual project elements shall be subject to site plan or subdivision approvals, as applicable. The procedure for such approvals shall be as specified in Article XIV of this chapter for site plan approvals and in Chapter 334, Subdivision of Land, for subdivision approvals.
C.
Zoning for Planned Unit Development; final development plan.
(1)
A tentative rezoning of the proposed area will be issued by the Board of Trustees if the Board of Trustees issues preliminary plan approval with or without modifications for the PUD. Such a change shall not constitute final approval of a plat, or authorization to issue building permits. The Board of Trustees may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning 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, protection of natural and/or historic sites and other physical or social demands. The Board of Trustees shall state at this time its findings with respect to the land use intensity based on the intent of the underlying zoning district and the intent of the Plan.
(2)
Within nine months following approval of the preliminary plan, the applicant shall submit to the Planning Board a final development plan containing in a final detailed form the information required in the preliminary plan. At its discretion and for good cause, the Planning Board may extend for six months the period for filing the final development plan.
(3)
If the applicant fails to submit a final development plan for any reason, within the time allowed, the tentative rezoning shall be revoked and all the area within the development for which final approval has not been given shall be subject to the original zoning.
(4)
If the final development plan is in substantial compliance with the preliminary plan, it shall be approved by the Planning Board within 30 days. Notice of such approval shall then be given to the Board of Trustees, which shall approve the final development plan, and plat or plats involved, if any, within 30 days; providing that such approval shall not be given until a performance bond of an amount equal to one-half of the cost of the entire implementation and construction costs of the PUD be provided to the Village. The Board of Trustees may waive this last requirement. If compliance with the preliminary plan is not established, submission of the final development plan shall follow the procedure for approval of a preliminary plan before final approval may be given.
(5)
If construction has not started within 18 months of approval of the final development plan, said approval shall lapse. The Planning Board may extend this period by six months upon showing of good cause by the applicant. If the construction of the entire development or established stages is not significantly complete within the time limits imposed by the construction schedule, the Planning Board shall review the PUD and recommend to the Board of Trustees that the time for completion be extended, that the final approval of the PUD be revoked or that the final development plan be amended. If final approval of all or portions of the final development plan is withdrawn, that area of the PUD shall be subject to the original zoning.
§ 380-77 Changes in site plan.
If in the site plan review process it becomes apparent that certain elements of the preliminary plan, as it has been approved by the Board of Trustees, are unfeasible and in need of significant modification, the applicant shall than present solutions to the Planning Board of the PUD site plan in accordance with the above procedures. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the local law creating the PUD, the intent of the underlying zoning district, and is consistent with the Plan. If a negative decision is reached, the site plan shall be considered disapproved. The applicant may then produce another site plan in accordance with the approved PUD plan. If an affirmative decision is reached, the Planning Board shall so notify the Board of Trustees stating all of the particulars of the matter and its reason for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Board of Trustees.
§ 380-78 Construction prohibited until requirements are met.
No building permits shall be issued for construction within a PUD District until improvements are installed or financial security is posted in accordance with the procedures of this chapter and/or Chapter 334, Subdivision of Land. Construction may also not occur until such other requirements and conditions as established by the Board of Trustees and Planning Board have been met.
§ 380-79 Conditions and time requirements.
If the PUD site plan approval involves a subdivision, then all conditions and time requirements as set forth in Chapter 334, Subdivision of Land, relating to requirements and dates for completing all approval contingencies shall be met. If the PUD site plan approval does not involve a subdivision, then all conditions and time requirements as set forth in this Zoning Chapter relating to requirements and dates for completing all approval contingencies shall be met.