The purpose of the PDD District is to facilitate
increased flexibility to achieve more desirable development through
the use of more creative and imaginative design of residential, mixed
use and commercial areas than is presently achievable under conventional
land use techniques and zoning regulations and to preserve, adapt
and improve existing open space, land uses, and neighborhoods, consistent
with the recommendations of the Town's Comprehensive Plan. The implementation
of planned development shall be established on a floating zone basis
with attendant controls and regulations intended to provide the means
to accomplish the intended purposes and goals set out herein.
B.
The above-listed classifications may be considered
on a floating zone basis, such that the uses of the planned development
are permitted in place of the uses of the underlying zoning district(s)
unless otherwise specified. The restrictions, controls and incentives
of the relevant planned development classification shall apply to
the Planned Development District to the exclusion of the underlying
zoning classification.
A.
No earth work, land clearing, construction or development
shall take place on any property in a Planned Development District
except in accordance with the subdivision and/or site plan approved
by the Planning and Zoning Commission in accordance with this article
and the procedures and standards for site plan approval set forth
in this article.
B.
In cases in which a proposed project also involves the subdivision of land, no development may proceed until the Planning and Zoning Commission has granted final subdivision approval in accordance with the standards and procedures of this chapter and Chapter 242, Subdivision of Land.
C.
Unless restricted otherwise herein, minimum yard setbacks, allowable lot coverage, maximum height or other dimensional requirements for any of the structures devoted to uses listed in this article shall be set by the Planning and Zoning Commission and delineated on the approved plan rather than determined by any other provisions of this chapter, but shall in no event be less restrictive than those dimensions set forth on the preliminary site plan submitted in accordance with § 270-106 of this chapter, and upon which the Town Board placed reliance in approving the planned development amendment.
D.
On-site parking and access requirements shall be determined
by the Planning and Zoning Commission based upon the off-street parking
requirements in this chapter and reasonable planning standards. Parking
and access requirements shall not be less than those shown on the
preliminary site plan unless the Town Board shall, by resolution,
consent to any such reduction.
E.
Common property in a Planned Development District
is a parcel or parcels of land, together with the improvements thereon,
the use and enjoyment of which are shared by the owner and the occupants
of the individual building sites or the public in general. Where common
property exists, the ownership of such property shall be either public
or private. Where such property exists in private ownership, the applicant
must address the issue of ownership and maintenance of such permanent
open space lands. The Town Board may establish such conditions on
ownership and maintenance, as it deems necessary, to assure the preservation
of such lands for their intended purpose. A percentage of the acreage
of any Planned Development District shall include land for recreational
purposes and/or preserved as natural open space. Such areas shall
encompass land having meaningful ecological, aesthetic and recreational
characteristics, with access, shape, dimensions, location, topography
and nature and extent of improvements suitable in the opinion of the
Town Board for the intended purposes. Minimum percentages of common
property shall be afforded each Planned Development District classification
as follows:
F.
A Planned Development District may be authorized where
the Town Board finds that the development will be beneficial, compatible
and harmonious with the surrounding land uses and not have a significant
impact upon the environment. The siting of a Planned Development District
shall also be consistent with the purpose of this chapter and the
goals and objectives of the Comprehensive Plan.
A.
Residential Planned Development District (RPD). The
RPD is predominantly intended to encourage flexible residential development
with provisions for recreation, community uses, services and activities
normally accessory to residential use, while maximizing the preservation
of natural vegetation and character (e.g., existing contours). Clustering,
open space preservation, and the most efficient utilization of transportation
systems, utilities and public services are intended to be achieved
by the RPD. The intent is to support creative and desirable private
residential development by providing incentives and flexibility, which
encourage the use of innovative planning and design techniques.
(1)
Requirements. The RPD shall be beneficial, compatible
and harmonious with the surrounding land uses, the purpose of this
chapter and the goals and objectives of the Town Comprehensive Plan.
(2)
Permitted uses. Within the RPD, the following residential
uses or residential accessory uses shall be permitted: any residential
or accessory use permitted by right, site plan review and conditional
use permit in the RA, SR and RM Districts.
B.
Mixed Use Planned Development District (MUPD). The
Mixed Use Planned Development District (MUPD) is intended to provide
a flexible mixture of usage among residential, commercial services
and institutional uses while maximizing the preservation of natural
vegetation and character (e.g., existing contours). The commercial
uses provided in this district should provide convenient services
to the residential uses therein. Clustering, open space preservation,
elimination of sprawling complexes and developments, and the most
efficient utilization of transportation systems, utilities and public
services are intended to be achieved by the MUPD.
(1)
Requirements. The MUPD shall be beneficial, compatible
and harmonious with the surrounding land uses, the purpose of this
chapter and the goals and objectives of the Town Comprehensive Plan.
(2)
Permitted uses. Within the MUPD, the following uses
shall be permitted:
(a)
Any use permitted by right, site plan review,
and conditional use permit in the SR and RM Districts.
(b)
Residential condominiums or residential cooperatives
and bed-and-breakfasts.
(c)
Nursing homes, proprietary rest homes and retirement
communities.
(d)
Golf courses and clubs.
(e)
Parks, playgrounds, basketball courts and trails.
(f)
Health clubs, spa facilities or other indoor
recreation facilities.
(g)
Any other residential or commercial use where
it can be demonstrated that such use will be beneficial, compatible
and harmonious with the residential uses of the MUPD and the surrounding
area and where it is further demonstrated that the purpose of this
chapter and the goals and objectives of the Town Comprehensive Plan
are maintained and furthered.
C.
Commercial Planned Development District (CPD). Commercial
Planned Development Districts (CPD) are intended to consist primarily
of commercial uses, although residential uses are permitted. Clustering
of development, elimination of sprawl, the efficient and cost-effective
use of public utilities, services and transportation systems, and
the preservation of open space and natural character (e.g., existing
contours) are all intended to be achieved.
(1)
Requirements. The CPD shall be beneficial, compatible
and harmonious with the surrounding land uses, the purpose of this
chapter and the goals and objectives of the Town Comprehensive Plan.
(2)
Permitted uses. Within the CPD, the following uses
shall be permitted: any use permitted by right, site plan review,
and conditional use permit in the HC, GB, CB, PR, RM and SR Districts.
[Amended 8-21-2013 by L.L. No. 5-2013]
D.
Recreation/Tourism Planned Development District (RTPD).
The Recreation/Tourism Planned Development District is intended to
encourage the development of a centralized area of recreational, cultural,
entertainment and tourism facilities.
(1)
Requirements. The RTPD shall be beneficial, compatible
and harmonious with the surrounding land uses, the purpose of this
chapter and the goals and objectives of the Town Comprehensive Plan.
(2)
Permitted uses. Within the RTPD, the following uses
shall be permitted:
(a)
Community or regional recreation facilities,
including stadiums, arenas, field houses, playing fields, skating
rinks, tennis centers, swimming pools, golf courses, equestrian racetracks
or other recreation facilities.
(b)
Health clubs, spa facilities or similar types
of indoor recreation facilities.
(c)
Parks, playgrounds and trails.
(d)
Theaters, cinemas, concert halls, museums, amphitheaters,
performing arts centers or similar types of entertainment or cultural
facilities.
(e)
Hotels, motels, bed-and-breakfasts, inns, and
restaurants.
(f)
Multifamily dwellings.
(g)
Conference and/or trade exposition centers.
(h)
Any use not specifically identified above but
otherwise permitted by right, site plan review and conditional use
permit in the zoning district that is to be changed to RTPD to accommodate
the development.
(i)
Any other commercial use where it can be demonstrated
that such use will be beneficial, compatible and harmonious with the
uses of the RTPD and the surrounding area and where it is further
demonstrated that the purpose of this chapter and the goals and objectives
of the Town Comprehensive Plan are maintained and furthered.
E.
Waterfront Planned Development District (WPD). The
Waterfront Planned Development District is designed to provide flexible
residential and/or commercial development with predominantly water-dependent
or water-enhanced uses, while maximizing the preservation of natural
vegetation and character (e.g., existing contours). Clustering, open
space preservation, water access and the most efficient utilization
of the waterfront, transportation systems, utilities and public services
are intended to be achieved by the WPD. The intent is to support creative,
desirable and coordinated development by providing incentives and
flexibility, which encourage the use of innovative planning and design
techniques.
(1)
Requirements. The WPD shall be beneficial, compatible
and harmonious with the surrounding land uses, the purpose of this
chapter and the goals and objectives of the Town Comprehensive Plan.
(2)
Permitted uses. Within the WPD, the following uses
shall be permitted:
(a)
Multifamily dwellings.
(b)
Residential condominiums or residential cooperatives,
motels, hotels, inns, bed-and-breakfasts.
(c)
Swimming pools.
(d)
Beach clubs, marinas and yacht clubs.
(e)
Parks, playgrounds, trails and other outdoor
recreation facilities.
(f)
Stores and shops for the conduct of retail business.
(g)
Restaurants and banquet facilities.
(h)
Museums, outdoor theaters, marine centers/parks,
aquariums or similar types of entertainment or cultural facilities.
(i)
Any use not specifically identified above but
otherwise permitted by right, site plan review and conditional use
permit in the existing underlying zoning district.
(j)
Any other water-dependent or water-enhanced
use where it can be demonstrated that such use will be beneficial,
compatible and harmonious with the uses of the WPD and the surrounding
area and where it is further demonstrated that the purpose of this
chapter and the goals and objectives of the Town Comprehensive Plan
are maintained and furthered.
Any person or corporation having ownership of
the property, or a possessory interest entitled to exclusive possession,
or a contractual interest or future ownership, may file for a Planned
Development District amendment. The approved project plan shall be
binding on the project land and owner(s).
The applicant shall submit 23 copies of a preliminary site plan (see § 270-31), together with a written application for a change in district to a Planned Development District.
A.
Review by the Glenville Environmental Conservation
Commission (Type I SEQR actions only). If the proposed Planned Development
District qualifies as a Type I SEQR action, the Glenville Environmental
Conservation Commission shall review the preliminary development plan
and make a SEQR recommendation to the Planning and Zoning Commission
as to whether the proposal will have a significant potential adverse
environmental impact.
[Amended 10-1-2014 by L.L. No. 7-2014]
B.
Review by the Planning and Zoning Commission. The
Planning and Zoning Commission shall review the preliminary development
plan with the applicant. After the application has been duly reviewed,
the Planning and Zoning Commission shall make a written finding of
fact and shall submit same, together with recommendations, to the
Town Board.
(1)
Findings required. The Planning and Zoning Commission
may recommend establishment of a Planned Development District, provided
that the preliminary development plan establishes that:
(a)
The uses proposed will not be detrimental to
surrounding uses, but will have a beneficial effect, which could not
be achieved under another district.
(b)
Land surrounding the proposed development can
be planned in coordination with the proposed development and that
it be compatible in use.
(c)
The proposed zoning change is in conformance
with the general intent of this chapter and the Town of Glenville
Comprehensive Plan.
(d)
Existing and proposed streets are suitable and
adequate to carry anticipated traffic within and in the vicinity of
the proposed development.
(e)
Existing and proposed utilities are adequate
for the proposed development.
(f)
Each phase of the proposed development, as it
is intended to be built, contains the required parking spaces, landscaping
and utilities necessary for creating and sustaining a desirable and
stable environment.
(2)
Public hearing by the Town Board. Following receipt
of the report by the Planning and Zoning Commission or, if no report
is completed, within 62 days after receipt of preliminary development
plans, the Town Board shall conduct a public hearing on the proposed
project and the proposed change of zoning. The public hearing on the
proposed zoning map amendment to Planned Development District shall
be given public notice as required for all zoning map amendments.
After the public hearing, the zoning map may be amended, but such
action shall only have the effect of granting permission for preparing
site plans for development of the specific proposal incorporating
any conditions or modifications requested by the Town Board. The Town
Board may deny approval of the zoning map amendment and any preliminary
development plans.
[Amended 10-1-2014 by L.L. No. 7-2014]
[Amended 10-1-2014 by L.L. No. 7-2014]
The application for a zoning map amendment to
Planned Development District shall include the following preliminary
development plan:
A.
Survey showing existing features of the property,
including contours, buildings, structures, large trees, street utilities,
rights-of-way and land use.
B.
Vicinity map showing property lines and land use within
1,000 feet of the site, drawn to a scale of one inch equals 500 feet
or larger.
C.
Proposed site plan showing building locations, land
use, open space, traffic circulation, parking, pedestrian walks, landscaping
and utilities.
D.
Proposed construction sequence for buildings, parking,
utilities and landscaping.
E.
Preliminary architectural drawings for buildings,
elevations, and summary of building type, floor area, number of stories
and material.
F.
Preliminary engineering plans, including street improvements,
drainage systems and utilities.
G.
Any additional maps, data or background information
requested by the Economic Development and Planning Department, Planning
and Zoning Commission or Town Board.
Within six months of Town Board approval of the Zoning Map amendment and preliminary development plan, the applicant shall file for site plan review in accordance with the procedures of Article XVI of this chapter. The Planning and Zoning Commission shall examine the site plans for substantial compliance with the preliminary development plan and any conditions or modifications requested by the Town Board. The Planning and Zoning Commission shall review the site plans as required by Article XVI of this chapter. The Planning and Zoning Commission may approve, deny, or approve with conditions the site plan application. However, any changes to the site plan that differ from the preliminary development plan are subject to § 270-34 of this article.
[Amended 10-1-2014 by L.L. No. 7-2014]
Before building permits are issued for the project,
the Building Inspector or Deputy Building Inspector and the Planning
and Zoning Commission shall review the final site plans for the planned
development. The Planning and Zoning Commission shall approve the
final site plans only if they are in substantial compliance with the
approved preliminary site plan. Following final Planning and Zoning
Commission approval, the Building Inspector or Code Enforcement Officer
may issue building permits. He may issue a certificate of occupancy
for any completed building or structure in the planned development
if the completed building or structure conforms to the requirements
of the approved final plans and all other applicable ordinances and
regulations.
No changes may be made in the approved site
plans except upon application as noted below:
A.
Minor changes. Inconsequential changes in location,
siting, and height of buildings and structures may be authorized by
the Planning and Zoning Commission if required by engineering or other
unforeseen circumstances.
B.
Other changes. Any amendments to the use of property,
any rearrangement of lots, blocks and building tracts, any changes
in common open spaces, and all other changes to the final site plan
must be approved by the Town Board and Planning and Zoning Commission.
No amendments may be made to the approved final plan unless they are
shown to be required by changes in conditions that have occurred since
the final plan was approved or by changes in the development policy
of the Town.
[Amended 10-1-2014 by L.L. No. 7-2014]
The applicant may phase construction of the
planned development over a period of up to four years. The plan must
be specific with regard to phasing and timetable. Further, the construction
and provisions of all of the common open spaces and public and recreation
facilities, which are shown on the final site plan, must proceed at
the same rate as the construction of dwelling units. The Building
Inspector or Code Enforcement Officer shall examine the rate of construction
and may revoke the building permit and recommend to the Town Board
revocation of the planned development amendment, if he finds that
the rate of construction of dwelling units is greater than the rate
at which common open space has been provided.
