Rotterdam City Zoning Code
ARTICLE XIIIA
C-PUD Commercial Planned Unit Development District
§ 270-108.1 Purpose.
The Commercial Planned Unit Development District is intended to be located to serve a community or regional market area and to provide access to transit where available and beneficial. The intent of the Commercial Planned Unit Development District is to allow larger-scaled commercial uses that require larger parking areas but that are designed to include commercial out-parcels along the primary road network, with the out-parcel commercial uses complying with the requirements of the CORR Corridor Commercial District. Development in the Commercial Planned Unit Development District should include a shared primary entrance and access road which will provide interior access to parking areas in the rear of the out-parcels. Signage should also be consolidated and shared at the primary entrance (boulevard preferred) to reduce sign pollution.
§ 270-108.2 Regulations to apply.
The following regulations shall apply to all C-PUD Districts. A C-PUD District may be established in any zoning district in the Town of Rotterdam upon approval by the Town Board in accordance with this Article XIIIA.
§ 270-108.3 Permitted uses.
The following principal uses are permitted as of right in the C-PUD District:
A.
Mixed-use (retail, commercial office, residential, civic). Mixed-use developments shall be subject to the limitations prescribed for the respective individual uses.
B.
Retail sales and service.
C.
Sit-down restaurants and taverns.
D.
Professional offices and clinics.
E.
Public libraries and museums.
F.
Public parks, playgrounds, and other municipal recreational uses.
G.
Indoor theaters, dance studios, and similar entertainment establishments.
H.
Shopping centers.
§ 270-108.4 Special uses.
The following special uses may be permitted in the C-PUD District:
A.
Preschool and day-care centers.
B.
Public and private schools.
C.
Establishments containing a drive-through.
D.
Firehouses.
E.
Private not-for-profit clubs.
F.
Public utilities substations and uses, excluding power plants or repair yards, maintenance or storage facilities, or uses of a similar nature.
G.
Disturbance on a wetland or watercourse area of any class or in a wetland or watercourse buffer area as defined in this chapter.
H.
Brewpubs, microbreweries, microcideries, microwineries and microdistilleries. Brewpubs, microbreweries, microcideries, microwineries and microdistilleries, however, must comply with the following:
[Added 5-24-2023 by L.L. No. 5-2023]
(1)
Each brewpub, microbrewery, microcidery, microwinery, or microdistillery shall manufacture and sell alcoholic beverages in accordance with the provisions of the New York State Liquor Authority and shall maintain current licenses as required by said agency.
(2)
No outdoor storage shall be permitted.
(3)
All malt, vinous or distilled liquor production shall be within completely enclosed structures.
(4)
By-products or waste from the production of malt, vinous or distilled liquor shall be properly disposed of off the property.
(5)
The emission of odors or smells in such quantities as to produce a public nuisance or hazard is not permitted.
(6)
Excessive noise in violation of Chapter 188 is prohibited and may result in revocation of the special use permit.
(7)
Food cart vendors are permitted on-site only by permission of the Planning Board.
(8)
Hours of operation shall be addressed during site plan review.
§ 270-108.5 Maximum building height.
The maximum building height for all outparcel sites along the primary road network shall be 30 feet. The maximum building height for all other buildings shall be 50 feet.
§ 270-108.6 Yard requirements.
§ 270-108.7 Minimum site size.
The minimum site area required to qualify for a C-PUD shall be 20 contiguous acres of land.
§ 270-108.8 Parking.
§ 270-108.9 Landscaping.
A.
Street trees shall be planted in a minimum five-foot planting strip between the primary roadway and sidewalk, as well as the access road. Street tree spacing shall be determined through site plan review.
B.
A landscape buffer shall be provided between surface parking lots and adjacent pathways, streets, and commercial parcels.
§ 270-108.10 Design guidelines.
The following design guidelines shall apply in the C-PUD District:
A.
Where applicable, cornices (e.g., building tops or first-story cornices) shall be aligned to generally match the height(s) of those on adjacent buildings.
B.
All building entrances, pathways, and other pedestrian areas shall be lit using pedestrian-scale lighting to two footcandles measured at ground level (e.g., wall-mounted lighting, sidewalk lamps, landscape up-lighting, and similar features).
C.
Where possible, roadway access points will be shared and have shared signage.
D.
Windows shall be provided along at least 60% of the building's facade.
E.
Pedestrian facilities shall connect the development to adjacent land uses and provide connections through the development to the public street right-of-way.
F.
To the extent practicable, all utility lines servicing a site shall be located underground.
G.
Parking and vehicle drives shall be located away from building entrances.
H.
Surface parking shall be oriented behind or to the side of a building when possible.
I.
Continuous landscape buffering of at least three feet shall be provided between parking lots and all adjacent sidewalks and between each commercial property.
§ 270-108.11 Application and approval procedure.
A C-PUD may be established in accordance with the application and approval procedure set forth herein.
A.
Establishment of a C-PUD shall be by approval of the Town Board. Following approval of a C-PUD application by the Town Board, the proposal shall be subject to site plan review by the Planning Board in accordance with Article XVII (Site Plan Review) and, to the extent the proposal includes any special uses listed under § 270-108.4, above, special use permit review by the Planning Board in accordance with Article XIX (Special Use Permits).
B.
An applicant for a C-PUD must be the owner, lessee, or purchaser under contract for all properties subject to the application. A lessee or purchaser under contract must have written permission of the current property owner(s) to submit the application.
C.
Applications for a C-PUD shall be on forms prescribed by the Town Board and shall be accompanied by the following:
(1)
A narrative providing general project information.
(2)
A plan showing the proposed boundaries of the proposed C-PUD and the existing natural and man-made features located on the site and within 500 feet of the boundaries of the site.
(3)
A sketch plan showing the proposed site improvements and descriptions of the proposed uses and locations thereof.
(4)
SEQRA Full Environmental Assessment Form.
D.
Following submission of an application under this article, the Town Board shall determine, in its legislative discretion, whether the proposed C-PUD application shall be accepted for review. A determination by the Town Board to accept the C-PUD application for review shall not be deemed approval of the application on the merits. If the Town Board determines to accept the C-PUD application for review, it shall refer the application to the Planning Board for review and recommendation.
E.
Planning Board recommendation. Upon referral of the application to the Planning Board, the Planning Board shall evaluate whether the proposed project is consistent with the purpose set forth in § 270-108.1 and the goals and objectives of the Comprehensive Plan, along with any other matters requested by the Town Board. The Planning Board shall issue a recommendation within 62 days, which may be extended on consent of the applicant. Such recommendation shall recommend approval, approval with conditions, or disapproval of the C-PUD application.
F.
Following receipt of the Planning Board recommendation, the Town Board may approve, approve with conditions, or disapprove the establishment of the C-PUD. In considering the application, the Town Board shall follow all procedures that are prescribed by law for adopting a local law, including holding a duly noticed public hearing and making necessary referrals to other government agencies.
G.
Following Town Board approval of the C-PUD, the applicant shall be permitted to proceed with site plan and, if applicable, special use permit review by the Planning Board.
H.
Following site plan approval and, if applicable, issuance of a special use permit, the Zoning Map shall be updated to reflect the establishment of the C-PUD.
I.
Expiration. The approval of the C-PUD shall expire 12 months after Town Board approval, unless: