City of Watervliet, NY Article VI Planned Development Districts

§ 272-28 Purpose.

A. It is the intent of the Planned Development District (PDD) to recognize a defined area for unified and integrated development that creates more flexible development opportunities than would not be possible through the strict application of the land use and development regulations of this chapter.

Standard zoning and subdivision regulations may not allow for the creative and flexible development of land that could be achieved through the planned development concept. Where planned development techniques are deemed appropriate through the rezoning of land to a PDD by the City Council, the set of use and dimensional specifications located elsewhere in this chapter are herein replaced by an approval process in which an approved PDD becomes the basis for continuing land use controls.

B. In order to carry out the intent of this section, a PDD shall achieve the following objectives:

(1) Development patterns in harmony with the objectives of the Comprehensive Plan, the Local Waterfront Revitalization Program, where applicable, and other regional plans.

(2) Creative use of land and related physical development which allows an orderly transition of land.

(3) Appropriate access in location of industrial, commercial and service areas.

(4) Innovations in pedestrian-friendly, mixed-use development and conservation so that varying demands may be met by greater flexibility in siting, design and type of structures.

(5) Development of transit-oriented, attractive, functional and well-designed uses in a manner that will provide economic support and benefit to the City.

(6) Appropriate location and screening of parking, utility installations, mechanical equipment and attractive lighting, landscaping and signage.

(7) Maximum reasonable conservation and the most efficient possible use of land.

(8) Cleanup of brownfield sites as a catalyst to support redevelopment.

(9) Use of best management practices with respect to protection of water quality and stormwater management.

C. This section provides for the establishment of the following two different types of PDDs, each with unique characteristics, applicability and requirements:

(1) Planned Mixed Use Development District (PMUD).

(2) Planned Business Development District (PBD).

§ 272-29 Standards applying to all planned development districts (PDDs).

The following standards apply to all PMUD and PBD Districts in addition to all other requirements of this article.

A. Ownership. The ownership tract of land under application for consideration for any PDD may be owned, leased, or controlled by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners or their agent(s) of all property included in the project. The approved plan shall be binding upon all the property owners, and such owners shall provide written certification of such binding agreements.

B. Tracts of land under consideration shall contain a minimum of two acres.

C. Density and height.

(1) To more effectively utilize land in a planned development, improved environmental quality can be produced with greater density than is usually permitted in traditional zoning districts. The City Council shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects. The determination of land use intensity ratings or dwelling unit density shall be thoroughly documented, including all facts, opinions and judgments justifying the selection of the densities. However, in no case shall the maximum height or density exceed the following:

(a) The height of any structure shall not exceed 3.5 stories or 45 feet unless a building height bonus has been granted by the Planning Board pursuant to Subsection C(2) below.

(b) The maximum density shall be 30 dwelling units per acre.

(2) Incentives for building height increases.

(a) No building shall exceed 3 1/2 stories or 45 feet unless two or more of the following elements in Subsection C(2)(b) are incorporated into the proposed development.

(b) In exchange for providing these elements, the Planning Board may allow up to an additional 1 1/2 stories when two of the elements in Subsection C(2)(b)[1] through [6] below are integrated into the PDD or the PDD is of LEED platinum certified construction and site development as described in Subsection C(2)(b)[1][b] below (for a maximum building height of five stories or 60 feet). The Planning Board shall evaluate the proposed incentives offered relative to the requested increase in height and determine that the amenities offered are proportional to the bonus granted.

[1] LEED certification:

[a] LEED gold certification. Construction and site development in accordance with LEED gold certification or a comparable standard of green building and site design.

[b] LEED platinum certification. Construction and site development in accordance with LEED platinum certification or a comparable standard of green building and site design. A LEED platinum building standard shall count as meeting two elements for purposes of the incentive program described in this section and therefore may result in a height bonus of 1.5 stories.

[c] To rely on a comparable standard, the applicant would have to demonstrate, through submission of plans, details and certifications by accredited green building/architectural professionals, that the proposed site and building techniques are of similar or greater value in terms of water use, energy efficiency, and carbon emissions, as LEED gold or platinum certification. This analysis would be further reviewed by a green building expert retained by the City and funded by the applicant's escrow.

[2] Green space: at least an additional ten-percent green space beyond the required fifteen-percent open space (which may be green space) required for all PDDs as described in § 272-29E below.

[3] Contribution to non-site-related infrastructure improvements as negotiated between the Planning Board and applicant that, while not directly required as a result of the proposed development, will benefit the proposed project's residents and/or tenants. These improvements may include sidewalks, street or water/sewer improvement and other similar infrastructure upgrades.

[4] Off-street parking is provided in structured parking below or above the ground. If the structured parking is provided above the ground, the parking structure shall be wrapped in retail, office or service establishments on the ground floor.

[5] Brownfield redevelopment: brownfield remediation work conducted that is not already substantially subsidized by state or other outside funding source but is required for redevelopment to occur.

[6] Historic preservation: preserving and restoring a significant portion of a building or structure identified by the Planning Board and reviewed by a historic resource expert to confirm its historical, cultural or architectural significance.

D. Setbacks and coverage. The following setback and lot coverage requirements shall apply to all development in a PDD:

(1) Setbacks for buildings:

(a) Front yard: minimum of 10 feet.

(b) Side yard: minimum of five feet each side; 12 feet for the total of both sides.

(c) Rear yard: 20 feet from any rear lot line.

(2) Setbacks for parking/loading areas: 15 feet from any street or lot line.

(3) Minimum distance between buildings: 20 feet.

(4) Maximum lot coverage: 70%.

E. Open space requirements.

(1) Common open space totaling not less than 15% of the total PDD shall be provided in perpetuity. Parking areas, roads, buildings, other impervious surfaces, and their improvements shall not be included in the calculation to determine the amount of available open space. However, the entire tract, apart from these exceptions, shall be considered in determining the required amount of open space. The following facilities or improvements may be located on open space land: water systems, stormwater systems, bike paths, walking trails, and other common community facilities that do not involve buildings, such as tennis courts, swimming pools, and playgrounds.

(2) The location, size, and character of the open space must be suitable for the PDD and must be used for amenities or recreation.

(3) The proposed development design shall avoid disturbance of environmentally sensitive areas. The Planning Board shall encourage areas of open space to be connected. Where important open space areas exist contiguous to the subject parcel, every effort shall be made to locate the on-site protected open space adjacent to these open space areas.

(4) A recreational fee in lieu of open space, as set forth in the City's Fee Schedule, may be imposed to accommodate the foreseeable recreational needs of the residents of the proposed development, should the Planning Board determine that the open space lands set aside will not provide adequately for these recreational needs.

(5) To protect open space, the applicant shall provide deed covenants and restrictions acceptable to the Corporation Counsel. Conservation easements will also be considered in a case where they are transferred to a conservation organization or to a homeowners' association acceptable to the City.

(6) Unless otherwise agreed to by the Planning Board, the cost and responsibility of maintaining common open space and facilities shall be borne by the homeowners' association, conservation organization or private owner(s). The Planning Board shall have the authority to require a bond or other security measure to ensure proper maintenance of open space and the facilities located on the subject parcel.

F. Design standards. All PDDs shall meet the supplemental developments standards set forth in Article IX.

G. Impact on neighborhood. Any planned development shall be planned, designed and developed to be in harmony with the general purposes of this chapter and the City Comprehensive Plan and Waterfront Revitalization Program, where applicable, to avoid any substantial adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities and other matters affecting the public health, safety and general welfare; shall avoid any domination of the immediate vicinity or interference with the development and use of neighboring property in accordance with the applicable district regulations; and to avoid any destruction, loss or damage of natural, scenic or historic features of significant importance.

H. Landscaping. In all planned developments, landscaping and screening shall be provided according to a detailed landscaping plan. The perimeter of the PDD shall be designed and constructed so as to ensure compatibility with surrounding uses by means of setbacks, landscaping, screening, natural features and/or compatible buildings and structures.

I. Utilities. Planned developments shall be served adequately by, and shall not impose an undue burden upon, essential public facilities and services, such as highways, streets, traffic control signals and devices, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools. Where any such facility or service is not available or adequate to service the PDD, the applicant shall be responsible for establishing his/her ability, willingness and binding commitment to provide such facilities and services. All utility lines shall be placed underground.

J. Covenants and restrictions. All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with a planned development shall provide that they may not be modified, removed or released without the express consent of the City Council and shall provide that they may be enforced by the City of Watervliet.

§ 272-30 Planned Mixed Use Development District (PMUD).

A. Purpose. The purpose of the PMUD District is to provide for the development of a variety of uses, including residential, institutional and commercial, containing both individual buildings sites and common property and the flexibility to enhance the efficient use of land, energy, community services and utilities.

B. Applicability and location of PMUD.

(1) Planned Mixed Use Development (PMUD) Overlay District. A PMUD District may be applied to land located in the PMUD District Overlay on the Zoning Map without requiring a Zoning Map amendment where the applicant can demonstrate that the characteristics of the area will meet the objectives of § 272-28 of this article.

(2) Tracts of land outside the PMUD Overlay District.

(a) Tracts of land not located in PMUD Overlay District but located in the R-3, MU-1, MU-2, B and LI Districts may considered.

(b) Establishment of a PMUD District on tracts of land outside the PMUD Overlay District shall require a Zoning Map amendment.

(3) All developments approved under the PMUD provisions shall be mixed-use projects that meet the following minimum mixed-use criteria:

(a) A minimum of 20% of the developable land in the proposed PMUD shall be used for residential purposes.

(b) A minimum of 20% of the developable land in the proposed PMUD shall be used for commercial purposes.

(4) All projects under consideration for PMUD District designation shall undergo coordinated review under SEQRA as a Type I action.

C. Permitted uses.

(1) The mixed-use planned development may incorporate a variety of housing types, such as detached, semidetached, attached, apartments, condominiums or any combination thereof, and retail, commercial and professional office uses. All uses permitted within the R-3, MU-1 and MU-2 Districts according to Schedule A shall be permitted in a PMUD District.[1]

[1] Editor's Note: Schedule A is included as an attachment to this chapter.

(2) Permitted accessory uses as permitted in this chapter in the R-3, MU-1 and MU-2 Districts shall be in harmony with and customarily incidental to the principal use or building and located on the same lot or parcel of land.

§ 272-31 Planned Business Development District (PBD).

A. Purpose. The purpose of the PBD District is to provide for the development of a variety of compatible commercial uses containing both individual building sites and common property in areas that are zoned for commercial or may not be zoned for commercial but are adjacent to commercially zoned areas. The PBD District may also provide flexibility to enhance the efficient use of land, energy, community services and utilities.

B. Applicability and location of PBD District.

(1) Planned Business Development (PBD) Overlay District. A PBD District may be applied to land located in the PBD District Overlay on the Zoning Map without requiring a Zoning Map amendment where the applicant can demonstrate that the characteristics of the area will meet the objectives of § 272-28 of this article.

(2) Tracts of land outside the PBD Overlay District.

(a) Tracts of land not located in PBD Overlay District but located in the R-3, MU-1, MU-2, B and LI Districts may be considered.

(b) Establishment of a PBD District on tracts of land outside the PBD Overlay District shall require a Zoning Map amendment.

(3) All projects under consideration for PBD District designation shall undergo coordinated review under SEQRA as a Type I action.

C. Permitted uses.

(1) A planned commercial development may incorporate a variety of commercial uses. All uses permitted within the B District according to Schedule A shall be permitted in a PBD District.

(2) Permitted accessory uses as permitted in this chapter in the B District shall be in harmony with and customarily incidental to the principal use or building and located on the same lot or parcel of land.

§ 272-32 Application and procedures for all planned development districts.

Whenever a PDD is proposed, before any building permit is issued in such PDD and before any subdivision plat or any part thereof may be filed in the office of the Albany County Clerk, the developer or his or her authorized agent shall apply for and secure approval of such planned development in accordance with the following procedures:

A. Application to City Council. Application for a PDD shall be made to the City of Watervliet City Council on such forms as may be provided by the Council or its agent. The City Council may, if it determines that the proposal merits review, refer the application to the Planning Board for review and recommendation. If the City Council 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.

B. Application submission requirements.

(1) To address the complexities of a compact, built-out City, the application for a PMUD or PBD shall include a sketch plan as described in § 272-71 of Article XI, Site Plan Review, drawn to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly provide the following information:

(a) The location of the various uses and their areas.

(b) The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.

(c) Delineation of the various residential areas, as applicable, indicating for each such area:

[1] General extent, size and composition in terms of total number of dwelling units;

[2] Approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise);

[3] Description of the intended market structure (i.e., luxury, middle-income, moderate-income, elderly units, family units, etc.);

[4] Calculation of the residential density in dwelling units per gross acre (total area, including interior roadways) for such area; and

[5] Calculation of total permeable area.

(d) The open space plan. Only usable land shall be considered for such purposes.

(e) The overall drainage system.

(f) A topographic map. 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, the topographic map must show 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.

(g) Sufficiency of water supply and sewage disposal.

(h) General description of the provisions of community facilities, such as schools, fire-protection services, transportation and cultural facilities, and some indication of how these needs are proposed to be accommodated.

(i) A location map showing existing uses and names of owners of abutting lands.

(j) A full environmental assessment form.

(k) Evidence of how the developer's proposed mix of land uses meets existing community demands.

(l) A general statement as to how common open space is to be owned and maintained.

(m) If the development is to be phased, a general indication of how the phasing is to proceed.

(n) Evidence of the applicant's financial competence to carry out the plan.

(o) A consistency statement identifying compliance with the specific PDD.

(p) A fiscal impact analysis identifying projected short- and long-term impacts on municipal and school district budgets.

C. Referral of the application to the City of Watervliet Planning Board. The City Council shall refer the application and accompanying documents to the Planning Board for its review and recommendation. The Planning Board may, at its discretion, request additional information of the applicant to inform its review. Upon completion of its review, the Planning Board shall prepare and submit a report to the City Council regarding this application, recommending either adoption, adoption with modification or rejection of the requested rezoning and stating the reasons for such recommendation. If the recommendation is favorable, the report shall include the following findings:

(1) That the proposal complies with the objectives of the City's Local Waterfront Revitalization Program, as applicable, and Comprehensive Plan.

(2) That the proposal meets the intent and objectives of the PDD as expressed in this article.

(3) That the proposal is conceptually sound in that it meets local and areawide needs and it conforms to accepted design principles in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system and scale of elements, both absolutely and to one another.

(4) That there are adequate services and utilities available or proposed to be made available in the construction of the development.

(5) That traffic will not have an adverse impact on the adjoining transportation system or, alternatively, that proposed traffic mitigation measures will reduce such impacts.

D. City Council action.

(1) Upon receipt of the report and SEQR recommendations from the Planning Board, the City Council shall review the application and the Planning Board's recommendation and findings and may then set a date for and conduct a public hearing to consider the application.

(2) The City Council shall refer the application to the Albany County Planning Board for a referral in accordance with § 239-m of the General Municipal Law.

(3) Upon completion of the public hearing and due consideration of the application, the City Council shall act to adopt, adopt with modifications, or reject the requested rezoning.

(4) If the City Council grants the planned development district, the PDD will not be in effect until the Planning Board grants final approval and work commences within two years.

(5) The City Council may attach to its zoning resolution additional conditions or requirements in order to protect the health and safety of the community. Such requirements may include but are not limited to:

(a) Types of uses.

(b) The density and intensity of land use.

(c) Screening and buffering.

(d) Schedule of construction and occupancy.

(e) Pedestrian and vehicular circulation system.

(f) Parking and snow removal.

(g) Sites for public service.

(h) Protection of natural and/or historical features.

E. Planning Board site approval.

(1) Upon approval of the zoning request by the City Council, the applicant shall submit final plans to the Planning Board, consistent with the site plans submitted with the application to rezone, with such modifications as may have been required by the City Council. Final site plan submittal requirements shall be as set forth in Article XI, Site Plan Review, of this chapter, and the following additional information shall be required:

(a) A street and traffic plan, showing traffic flow patterns, proposed streets within the project and proposed ingress and egress from the adjoining highway network. All streets shall be constructed in conformity with the City's requirements and shall be offered for dedication to the City. All proposed walkways within the project site shall be hard-surfaced and have a minimum width of four feet.

(b) Proposed parking and provisions for snow storage for parking areas shall be included as an integral part of the project plan, and such snow storage provisions shall not reduce the number of parking spaces beyond the minimum number established by these rules.

(c) The proposed location and approximate size and design for all parks, recreation areas and land reserved for open space.

(d) Proposed safeguards to be provided to minimize adverse effects of the project on adjacent properties and the neighborhood in general.

(e) Other features or structures as required by the Planning Board to be in compliance with the provisions of this article.

F. Required timely commencement of project. The applicant of any project within an area zoned as a PDD shall commence building and construction within two years following final approval of the Planning Board. In the event a building permit is not secured, the planned development approval shall terminate, and the project parcel(s) shall revert to the district classification.