Utica City Zoning Code

ARTICLE XII

Planned Development District

Sec. 2-29-371 Purpose and intent.

[Ord. No. 4, 2-3-2021]

Planned development districts shall be those for which the quality of development shall be of primary concern for reasons that may relate to unique characteristics and circumstances of geography, topography, surrounding development, the special goals and objectives of the community, and special factors pertaining to public health and safety, permanence of buildings, aesthetics, and intrinsic as well as extrinsic values of property.

The Planned Development District regulations and procedures may apply to the development of parcels currently zoned planned development or to presently open or vacant lands, and may apply to parcels of relatively small size as well as large-scale development, depending upon the nature of the proposed use and improvements and their relationship with other surrounding uses and the overall characteristics of the area in which located.

Planned development is intended to encourage innovations in land development and renewal techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design and layout of sites and buildings and by the conservation and more efficient use of open spaces and other amenities generally enhancing of urban life.

Application of planned development should also encourage a more efficient use of land and of public or private services and utilities and reflect the changes in the technology of land development so that resulting economies may accrue to the benefit of the community at large.

Sec. 2-29-372 Origination of proposals for change of zone to planned development.

[Ord. No. 4, 2-3-2021]

A proposal for a planned development district may be made by the Planning Board or its professional staff, or by the Common Council, or by the Urban Renewal Agency, or by any other public body, public benefit corporation, development agency or government; whether or not actual development of the proposal is to be carried out by the proponent or under sponsorship of the proponent.

Any person, corporation, partnership or association having an ownership interest in a proposed district, or any group of owners united in interest, acting jointly and in pursuant to any agreement to carry out the proposal in separate ownership, may propose a planned development district in accordance with the procedures hereinafter established, where such individual owner or group of owners in making such proposal intends to act as developer or sponsor of the development if the proposal is adopted and indicates the requisite capabilities to carry out such proposal.

A parcel, district or site proposed for planned development need not be under single ownership where the proposed development consists of a group of structures or improvements capable of being developed separately but in accordance with a single, unitary plan, and in which the separate owners indicate their express intentions to enter into such private agreements between or among themselves as will facilitate their mutual enterprise, and assure its completion as planned to the satisfaction of the community.

Sec. 2-29-373 Procedure on proposals for projects in planned development districts.

[Ord. No. 4, 2-3-2021]

It is the intention of this article that proposals for planned development be of such community significance and concern that they be made at the early planning stage in order to allow time for full evaluation and orderly processing, to consider alternative plans or methods, to assess the full impact and consequences of the proposal, to formulate modifications or conditions that may be necessary, and to provide ample opportunity to determine the best means for implementation. The Planning Board or the Common Council may, from time to time, promulgate such guidelines, rules and regulations as may be deemed necessary for the orderly presentation and processing of such proposal in addition to those contained in this article, which guidelines may also establish permanent or temporary priorities on the type, location, or scale of development proposals.

All proposals for planned development district shall be submitted directly to the Planning Board for site plan review through its planning staff.

The professional planning staff, or planning consultant, as the case may be, shall prepare a professional opinion regarding the verification of data shown in the proposal, the proposal’s relationship with the existing zoning and with the Master Plan, the possible effects of the proposal upon the surrounding properties, the general harmony with the essential character of the area, the aesthetic and design qualities of the proposal, and such other factors or considerations as may be appropriate in considering the merits of the proposal.

After hearing the proponent or proponents during the site plan review process, the Planning Board shall consider the proposal and make findings regarding the following:

That the proposal substantially conforms with the Master Plan for the City, with regional comprehensive plans, and with other manifest expressions of public development policy.

That there is a need for the proposed development in the proposed location and that there is a reasonable probability of economic success of the proposal.

That the existing character of the neighborhood will be adversely affected and that adequate safeguards are provided to minimize possible detrimental effects of the proposed use on adjacent properties and on the neighborhood in general.

That there is ample provision for water supply, sanitary sewage disposal, storm and surface water drainage and other utilities.

That there is adequate availability to schools, to police and fire protection, to parks and recreational facilities and other community facilities and public services.

That there are no social, economic or cultural consequences likely to follow the proposed development which are not consistent with desirable community standards or public policy.

That the location, height and bulk of buildings and structures on the site are in proportion to each other and relate well to other structures and visual perspectives in the vicinity.

That careful attention has been given to the patterns of pedestrian circulation and to the effective use and design of open spaces, landscaping, exterior facade and amenities.

That vehicular access is adequate to and within the site, that parking and loading spaces are adequate and well located relative to the uses and structures to be served, that there are no conflicts between vehicular traffic and the other uses and activities proposed.

That the proposed installation of driveways, lighting, signs, landscaping, fencing, screening, and other site details are generally in harmony with the proposed structures, with adjacent properties, with the rights and interests of the general public, and with the design qualities and objectives suggested by this chapter and the Planning Board.

Upon submission to the planning staff of all final plans and specifications for the development, the matter shall be placed on the agenda of the Planning Board at its next regular meeting.

In considering the final plans and specifications for a development in a planned development district, the requirements for lot area, lot width, building coverage, building heights and other bulk, density or parcel specifications of this chapter, or the other physical requirements of this chapter shall be observed as general guidelines, and may be more or less restrictive in accordance with the recommendations of the planning staff, or planning consultant, or in accordance with criteria or guidelines promulgated or adopted from time to time by the Planning Board.

The Planning Board may adopt its appropriate resolution recommending to the Common Council that the parcel be rezoned to the designated planned development district and shall transmit such resolution and the other supporting materials relating to the proposal, including the professional opinion, to the Common Council. The resolution may contain conditions, restrictions or limitations that the Planning Board may deem requisite to its recommendation in addition to the conditions, restrictions or limitations provided in this chapter.

In the event that the Planning Board declines to recommend rezoning, or in the event that the Planning Board does not act upon the proposal within a period of 45 days after the date that full submissions is made to the planning staff, the proponent may submit the proposal directly to the Common Council with a request that the said Common Council consider the proposal upon its own motion. The proponent shall, in such instance, make full disclosure to the Common Council of the reasons for Planning Board failure or refusal to approve. Before taking final action upon such proposals, the Common Council shall hear and consider any statements or opinions of the Planning Board as to the merits of the proposal or reasons for its failure or refusal to approve.

Sec. 2-29-374 Procedures before Council.

[Ord. No. 4, 2-3-2021]

Upon receipt of a resolution of the Planning Board recommending a zone change by amendment, the Council shall proceed in accordance with the amendment provisions of this chapter.

Referral to the Planning Board of the proposed amendment shall be deemed waived unless a substantial change in the proposal shall occur after date of the Planning Board recommendation.

Sec. 2-29-375 Expiration.

[Ord. No. 4, 2-3-2021]

In the event that development authorized by the Planning Board in a planned development district has not been commenced and diligently prosecuted within 24 months from the date when the final plans and specifications were approved by the Planning Board; then and in that event the Planning Board shall notify the Common Council of the dates of such events and the Common Council shall immediately upon its own motion institute an amendment to rezone such planned development district back to the previous zoning district designation in accordance with the procedures as set forth in this chapter; except that the one-year limitation provided above may, upon written application by the proponent or developer stating reasons or excuse for delay, be extended by the Common Council for such additional periods of time as it deems appropriate.

Sec. 2-29-376 Changes and amendments.

[Ord. No. 4, 2-3-2021]

Any change or amendment to an approved planned development district may be referred to the Planning Board for site plan review at the discretion of the Department of Urban and Economic Development.

Any change or amendment to an approved planned development district which is not determined to be exempt from site plan review by the Department shall be reviewed by the Planning Board and shall not become effective until approved by ordinance of the Common Council.

Any changes that are determined to be exempt from site plan review may be approved pursuant to this chapter and do not require further approval by the Common Council.

Utica City Zoning Code

ARTICLE XII

Planned Development District

Sec. 2-29-371 Purpose and intent.

[Ord. No. 4, 2-3-2021]

Planned development districts shall be those for which the quality of development shall be of primary concern for reasons that may relate to unique characteristics and circumstances of geography, topography, surrounding development, the special goals and objectives of the community, and special factors pertaining to public health and safety, permanence of buildings, aesthetics, and intrinsic as well as extrinsic values of property.

The Planned Development District regulations and procedures may apply to the development of parcels currently zoned planned development or to presently open or vacant lands, and may apply to parcels of relatively small size as well as large-scale development, depending upon the nature of the proposed use and improvements and their relationship with other surrounding uses and the overall characteristics of the area in which located.

Planned development is intended to encourage innovations in land development and renewal techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design and layout of sites and buildings and by the conservation and more efficient use of open spaces and other amenities generally enhancing of urban life.

Application of planned development should also encourage a more efficient use of land and of public or private services and utilities and reflect the changes in the technology of land development so that resulting economies may accrue to the benefit of the community at large.

Sec. 2-29-372 Origination of proposals for change of zone to planned development.

[Ord. No. 4, 2-3-2021]

A proposal for a planned development district may be made by the Planning Board or its professional staff, or by the Common Council, or by the Urban Renewal Agency, or by any other public body, public benefit corporation, development agency or government; whether or not actual development of the proposal is to be carried out by the proponent or under sponsorship of the proponent.

Any person, corporation, partnership or association having an ownership interest in a proposed district, or any group of owners united in interest, acting jointly and in pursuant to any agreement to carry out the proposal in separate ownership, may propose a planned development district in accordance with the procedures hereinafter established, where such individual owner or group of owners in making such proposal intends to act as developer or sponsor of the development if the proposal is adopted and indicates the requisite capabilities to carry out such proposal.

A parcel, district or site proposed for planned development need not be under single ownership where the proposed development consists of a group of structures or improvements capable of being developed separately but in accordance with a single, unitary plan, and in which the separate owners indicate their express intentions to enter into such private agreements between or among themselves as will facilitate their mutual enterprise, and assure its completion as planned to the satisfaction of the community.

Sec. 2-29-373 Procedure on proposals for projects in planned development districts.

[Ord. No. 4, 2-3-2021]

It is the intention of this article that proposals for planned development be of such community significance and concern that they be made at the early planning stage in order to allow time for full evaluation and orderly processing, to consider alternative plans or methods, to assess the full impact and consequences of the proposal, to formulate modifications or conditions that may be necessary, and to provide ample opportunity to determine the best means for implementation. The Planning Board or the Common Council may, from time to time, promulgate such guidelines, rules and regulations as may be deemed necessary for the orderly presentation and processing of such proposal in addition to those contained in this article, which guidelines may also establish permanent or temporary priorities on the type, location, or scale of development proposals.

All proposals for planned development district shall be submitted directly to the Planning Board for site plan review through its planning staff.

The professional planning staff, or planning consultant, as the case may be, shall prepare a professional opinion regarding the verification of data shown in the proposal, the proposal’s relationship with the existing zoning and with the Master Plan, the possible effects of the proposal upon the surrounding properties, the general harmony with the essential character of the area, the aesthetic and design qualities of the proposal, and such other factors or considerations as may be appropriate in considering the merits of the proposal.

After hearing the proponent or proponents during the site plan review process, the Planning Board shall consider the proposal and make findings regarding the following:

That the proposal substantially conforms with the Master Plan for the City, with regional comprehensive plans, and with other manifest expressions of public development policy.

That there is a need for the proposed development in the proposed location and that there is a reasonable probability of economic success of the proposal.

That the existing character of the neighborhood will be adversely affected and that adequate safeguards are provided to minimize possible detrimental effects of the proposed use on adjacent properties and on the neighborhood in general.

That there is ample provision for water supply, sanitary sewage disposal, storm and surface water drainage and other utilities.

That there is adequate availability to schools, to police and fire protection, to parks and recreational facilities and other community facilities and public services.

That there are no social, economic or cultural consequences likely to follow the proposed development which are not consistent with desirable community standards or public policy.

That the location, height and bulk of buildings and structures on the site are in proportion to each other and relate well to other structures and visual perspectives in the vicinity.

That careful attention has been given to the patterns of pedestrian circulation and to the effective use and design of open spaces, landscaping, exterior facade and amenities.

That vehicular access is adequate to and within the site, that parking and loading spaces are adequate and well located relative to the uses and structures to be served, that there are no conflicts between vehicular traffic and the other uses and activities proposed.

That the proposed installation of driveways, lighting, signs, landscaping, fencing, screening, and other site details are generally in harmony with the proposed structures, with adjacent properties, with the rights and interests of the general public, and with the design qualities and objectives suggested by this chapter and the Planning Board.

Upon submission to the planning staff of all final plans and specifications for the development, the matter shall be placed on the agenda of the Planning Board at its next regular meeting.

In considering the final plans and specifications for a development in a planned development district, the requirements for lot area, lot width, building coverage, building heights and other bulk, density or parcel specifications of this chapter, or the other physical requirements of this chapter shall be observed as general guidelines, and may be more or less restrictive in accordance with the recommendations of the planning staff, or planning consultant, or in accordance with criteria or guidelines promulgated or adopted from time to time by the Planning Board.

The Planning Board may adopt its appropriate resolution recommending to the Common Council that the parcel be rezoned to the designated planned development district and shall transmit such resolution and the other supporting materials relating to the proposal, including the professional opinion, to the Common Council. The resolution may contain conditions, restrictions or limitations that the Planning Board may deem requisite to its recommendation in addition to the conditions, restrictions or limitations provided in this chapter.

In the event that the Planning Board declines to recommend rezoning, or in the event that the Planning Board does not act upon the proposal within a period of 45 days after the date that full submissions is made to the planning staff, the proponent may submit the proposal directly to the Common Council with a request that the said Common Council consider the proposal upon its own motion. The proponent shall, in such instance, make full disclosure to the Common Council of the reasons for Planning Board failure or refusal to approve. Before taking final action upon such proposals, the Common Council shall hear and consider any statements or opinions of the Planning Board as to the merits of the proposal or reasons for its failure or refusal to approve.

Sec. 2-29-374 Procedures before Council.

[Ord. No. 4, 2-3-2021]

Upon receipt of a resolution of the Planning Board recommending a zone change by amendment, the Council shall proceed in accordance with the amendment provisions of this chapter.

Referral to the Planning Board of the proposed amendment shall be deemed waived unless a substantial change in the proposal shall occur after date of the Planning Board recommendation.

Sec. 2-29-375 Expiration.

[Ord. No. 4, 2-3-2021]

In the event that development authorized by the Planning Board in a planned development district has not been commenced and diligently prosecuted within 24 months from the date when the final plans and specifications were approved by the Planning Board; then and in that event the Planning Board shall notify the Common Council of the dates of such events and the Common Council shall immediately upon its own motion institute an amendment to rezone such planned development district back to the previous zoning district designation in accordance with the procedures as set forth in this chapter; except that the one-year limitation provided above may, upon written application by the proponent or developer stating reasons or excuse for delay, be extended by the Common Council for such additional periods of time as it deems appropriate.

Sec. 2-29-376 Changes and amendments.

[Ord. No. 4, 2-3-2021]

Any change or amendment to an approved planned development district may be referred to the Planning Board for site plan review at the discretion of the Department of Urban and Economic Development.

Any change or amendment to an approved planned development district which is not determined to be exempt from site plan review by the Department shall be reviewed by the Planning Board and shall not become effective until approved by ordinance of the Common Council.

Any changes that are determined to be exempt from site plan review may be approved pursuant to this chapter and do not require further approval by the Common Council.