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.
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:
(b)
The density and intensity of land use.
(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.