Niskayuna Town City Zoning Code
ARTICLE VIIA
Planned Development Districts
[Added 7-19-1994 by L.L. No. 7-1994]
[1]
Editor's Note: This article was originally adopted as Part 2 of Article VII, but was redesignated as Article VIIA to maintain the style of the Code.
§ 220-38.1 Purpose.
The purpose of the Planned Development District regulations is to encourage flexibility in the design and development of land for commercial and industrial purposes. A commercial planned development is intended to achieve a mix of commercial uses at a scale, spacing and design which is complementary to the essentially residential character of the Town of Niskayuna. An industrial planned development is intended to foster office and industrial development in a parklike and self-contained setting in which limited commercial uses of direct benefit to workers are offered to promote economic and efficient use of land and to reduce off-site travel during working hours. Except for those standards specified within this article, dimensional specifications established elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
§ 220-38.2 Objectives.
In order to realize the purpose of this article, a Planned Development District (PDD) shall achieve the following objectives:
A.
Compatibility with the goals and objectives of the Town Comprehensive Development Plan.
B.
A mix of nonresidential uses of benefit and service to the Town's residents.
C.
A built environment that is visually pleasant and compatible with the residential character of the Town.
D.
Economical networks of utilities, streets, bikeways and pedestrianways that provide users of the development with alternate choices in mobility.
E.
Efficient use of land that promotes the preservation of trees and outstanding natural topographic and ecological features, the conservation of open space and the creation of private recreation areas.
§ 220-38.3 General requirements.
A.
Minimum project area. The minimum project area for a commercial planned development shall be two contiguous acres of land. The minimum project area for an industrial planned development shall be 20 contiguous acres of land. Said acreage may be separated by a public street.
B.
Project ownership. The project land may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. Such ownership may be a public or private corporation. The approved project plan shall be binding on the project land and on present and successive owners.
C.
Location. Commercial Planned Development Districts shall be applicable only to the C-N Zoning District; Industrial Planned Development Districts shall be applicable to the I-G and I-R Zoning Districts. In either case, the applicant shall demonstrate that the characteristics of his holdings meet the purpose and objectives of this article and the goals and objectives of the Comprehensive Development Plan.
D.
Commercial PDD uses. All uses in the Commercial Planned Development District shall be determined by the following provisions:
(1)
Any combination of principal and accessory uses permitted in the C-N Zoning District is permitted in the Commercial PDD, provided that no retail or service store shall exceed 15,000 square feet and no grocery store shall exceed 65,000 square feet. Such stores may be independent structures or share common walls.
E.
Industrial PDD uses. All uses in the industrial Planned Development District shall be determined by the following provisions:
(1)
Those principal and accessory uses permitted in the applicable district in which the PDD is located are permitted, except that heavy manufacturing is prohibited in a Planned Development District.
(2)
Ancillary commercial uses such as restaurants, branch post offices and branch banking facilities intended primarily for the use of workers within the district are permitted, provided that said facilities are located in the first floor of a building whose use is permitted in the district. Twenty-five percent of the proposed total development in the PDD shall be constructed before any commercial uses are permitted.
F.
Land use intensity considerations.
(1)
The following intensity regulations shall apply in a Commercial Planned Development District:
(a)
Maximum building height: 35 feet.
(b)
Maximum floor area ratio (FAR) (all buildings): 0.25.
(c)
Maximum FAR (accessory buildings): 0.05.
(d)
Maximum lot coverage (all buildings and structures): 25%.
(e)
Minimum open space: 25%.
(2)
The following intensity regulations shall apply in an Industrial Planned Development District:
(a)
Maximum building height: 35 feet.
(b)
Maximum FAR (all buildings): 0.25.
(c)
Maximum FAR (ancillary commercial uses): 0.05.
(d)
Maximum lot coverage (all buildings and structures): 25%.
(e)
Minimum open space: 25%.
G.
Parking and loading. Standards are those listed in §§ 220-19 and 220-20 of this chapter. Numbers of parking spaces shall be in general accord with those listed for the zoning district in which the project is located except that the Planning Board may consider reductions due to shared parking opportunities or staggered hours of operation. Any land made available by reduction in the number of parking spaces shall be added to open space on the site and shall not be usable for additional building area.
[Amended 1-17-1995 by L.L. No. 1-1995]
§ 220-38.4 Application procedure and approval process.
A.
Prior approval required. Whenever any Planned Development District is proposed, before any contract is made for the sale of any part thereof, before any zoning and building permit shall be granted and before any subdivision plat may be filed in the office of the County Clerk, 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.
Application for a Planned Development District.
(1)
Prior approval required. The applicant shall apply in writing to the Town Board and petition such Board for authorization to proceed to make formal application for the creation of a Planned Development District. Such petition shall be made to the Town Board on such forms as may be provided by the Board or its agent and shall be accompanied by a narrative description of the project, setting forth its purpose, desirability and impact on the neighborhood in which the project is proposed. The narrative shall explain how the proposed projects meets the purpose and objectives of this chapter as defined in §§ 220-38.1 and 220-38.2.
(2)
Authorization to proceed. Upon receipt of such petition, the Town Board shall refer the petition to the Planning Board for its review, report and recommendations. Such Planning Board report shall be rendered within 30 days from the date of transmittal from the Town Board. Upon receipt of the Planning Board report, the Town Board shall render a favorable or unfavorable decision to the applicant in writing. A favorable decision shall authorize the applicant to proceed to the formal application and approval stages. In considering a petition for authorization to proceed, the Town Board, among other things, shall consider the project scale, proposed use configuration, compatibility with the goals and objectives of the Town Comprehensive Development Plan, compatibility and relationship to the adjacent land uses and impact on public facilities and utilities.
C.
Sketch plan approval.
(1)
Prior to the Town Board's holding a public hearing to consider granting tentative zoning approval, the applicant shall submit a sketch plan to the Planning Board for its approval.
(2)
The sketch plan shall be drawn at a scale determined by the Planning Board and shall clearly show or be supplemented by the following information:
(a)
The location of the various proposed buildings, uses and their areas.
(b)
The general outlines of the interior roadway system, parking areas and all existing rights-of-way and easements, whether public or private.
(c)
The interior open space system.
(d)
The interior drainage system.
(e)
The existing topography and proposed final grading at contour intervals of not more than two feet of elevation unless otherwise determined by the Planning Board.
(f)
Evidence of any design treatments proposed to mitigate such problems as soil erosion, flooding or ponding.
(g)
Principal relationships to and impact on public services such as highways, water supply and sewage disposal and any proposals to mitigate identified impacts.
(h)
A location map showing uses and ownership of abutting lands.
(3)
Additional documentation required. In addition, the following documentation shall accompany the sketch plan:
(a)
A site analysis diagram to include such information as soils analysis; location of significant vegetation, water bodies and wetlands; desirable and objectionable views and vistas; sources of noise, odors and other objectionable emissions; existing buildings and structures; existing rights-of-way and easements; and location of existing utilities and infrastructure.
(b)
Analysis of other building projects under construction or planned within the project area, and their effect on the proposed project.
(c)
A circulations and traffic analysis to include trip generation analysis, internal circulation, ingress and egress points, sight distance and traffic control measures, existing and planned parking, availability of public transportation, impact on level of service of existing highways and proposed on-site and off-site improvements.
(d)
If the development is to be staged, a clear plan of how the staging is to proceed. In any case, the sketch plan shall show the complete project.
(e)
Evidence demonstrating the competence of the applicant to carry out the plan, both physically and financially.
D.
Planning Board review of the sketch plan and related documentation. The Planning Board shall review the sketch plan and its related documents, shall hold a public hearing and then shall render either a favorable report to the Town Board or an unfavorable report to the applicant.
(1)
Favorable report. A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering tentative zoning approval. The recommendation shall be based upon the following findings, which shall be part of the report, including specific reasons for the recommendation:
(a)
The proposal conforms to the goals and objectives of the Town Comprehensive Development Plan.
(b)
The proposal meets the intent and objectives of a Planned Development District as expressed in § 220-38.2.
(c)
The proposal meets all of the general requirements of § 220-38.3.
(d)
The proposal is conceptually sound in that it meets a community need and conforms to accepted design principles in the proposed roadway and pedestrian system, land use configuration, open space system, drainage system and scale of the elements both absolutely and to one another.
(e)
There are adequate services and utilities available or proposed to be made available in the construction of the development.
(f)
There are adequate highways and local roads available or proposed to serve the development.
(2)
Unfavorable report. An unfavorable report shall clearly state the reasons thereof and, if appropriate, point out to the applicant what might be done in order to receive a favorable report.
(3)
Appeal of unfavorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for tentative approval with the Town Clerk. The Town Board may then determine whether or not it wishes to call a public hearing and proceed.
(4)
Planning Board certification required. The Chairman of the Planning Board shall certify when all application material has been presented, and the Planning Board shall submit its report within 62 days of such certification. If no report has been rendered within 62 days, the applicant may proceed as if a favorable report were given to the Town Board.
E.
Mandatory referral to County Planning Department. The Town Board shall refer one copy of the application and all related materials to the Schenectady County Department of Planning if such referral is mandated by § 239-m of the General Municipal Law.
F.
Compliance with State Environmental Quality Review. The Town Board shall act in accordance with the State Environmental Quality Review regulations and local law[1] for the purpose of environmental review of the application.
[1]
Editor's Note: For state provisions, see Environmental Conservation Law § 8-0101 et seq.; for local regulations, see Ch. 95, Environmental Quality Review, of the Town Code.
G.
Application for tentative zoning approval.
(1)
Town Board action. Upon receipt of a favorable report from the Planning Board or upon its own determination subsequent to an appeal from an unfavorable report and in accordance with the environmental review process, the Town Board shall set a date for and conduct a public hearing for the purpose of granting tentative approval to the applicant's plan in accordance with the procedures established in § 220-72D.
(2)
Town Board report. The Town Board shall render its decision on the application within 62 days from the date of the public hearing unless otherwise required by the environmental review process. The time in which the Town Board must render its decision may be extended by mutual consent of the applicant and the Town Board.
H.
Zoning for Planned Development Districts.
(1)
If the Town Board grants tentative approval following a public hearing, the Official Zoning Map shall be so annotated. The Town Board may, in order to protect the public health, safety and welfare of the community, attach to its zoning amendment any additional conditions or requirements for the applicant to meet. Such conditional attachments may include, but are not limited to, visual and acoustical screening, land use mix, schedule of construction, pedestrian and vehicular circulation system, parking and snow removal, sites for public service and protection of natural and/or historical features.
(2)
Conditions for final zoning approval shall be as follows:
(a)
Preliminary and final site plan approval from the Planning Board in accordance with the provisions of Article VIII of this chapter and approval of a final subdivision plat pursuant to Chapter 189, Subdivision of Land, of the Town Code.
(b)
Compliance with any conditional requirements as outlined in Subsection H(1) above.
(c)
Placement of improvements and/or posting of security in accordance with § 220-38.6 of this article.
I.
Request for changes in sketch plan. If, in the site plan development stage, it becomes apparent that certain elements of the sketch plan, as it has been tentatively approved by the Town Board, are unfeasible and in need of modification, the applicant shall then present such modifications to the Planning Board as part of the preliminary site plan in accordance with the procedures of Article VIII. The Planning Board shall determine if the modified plan is still in keeping with the intent of the Town Board zoning resolution. If a negative decision is reached, the application shall be considered disapproved. The Planning Board shall so notify the Town Board with a recommendation that the plat be rezoned to its previous zoning district. The Town Board shall then take appropriate action to amend the Official Zoning Map according to § 220-72 of this chapter. The applicant may resubmit his proposal and initiate proceedings as provided herein.
J.
Final site plan approval requirements. Final site plan approval in addition to the requirements contained in Article VIII shall also satisfy Chapter 189, Subdivision of Land, provisions of the Town for final plat approval.
K.
Project staging.
(1)
If the applicant wishes or is required as a condition of zoning approval to stage project development and has so indicated per Subsection C(3)(d), then he may or shall submit only those stages he wishes to develop for site plan approval in accordance with his staging plan. Upon posting of security or improving each stage, the affected portion(s) of the plan shall be deemed as finally approved. Any plan requiring more than 24 months to complete shall be required to be staged; and a staging plan must be developed.
(2)
Twenty-five percent of the proposed development in any stage of an Industrial PDD shall be constructed before any commercial uses are permitted in that stage.
§ 220-38.5 Changes after construction and occupancy.
For the purpose of regulating development and the use of property after initial construction and occupancy, any changes other than use changes shall be processed as a variance request pursuant to the provisions of § 220-69 of this chapter. Use changes shall be processed as requests for a special use permit and shall require Planning Board approval. Properties lying in the Planned Development District are unique and shall be so considered by the Zoning Board of Appeals and the Planning Board when evaluating variance and special use requests. The maintenance of the intent and function of the planned unit development shall be of primary concern.
§ 220-38.6 Financial responsibility for completion of improvements and other requirements.
No building and zoning permits shall be issued for excavation or construction within a Planned Development District until improvements are installed or security posted in accordance with the procedures as provided for in § 277 of the Town Law relating to subdivision of land and any other such requirements as may be imposed as a condition of Town Board zoning approval for a Planned Development District.