City of Rochester, NY Article XVII PD Planned Development District

[Amended 6-14-2005 by Ord. No. 2005-161]

§ 120-122 Purpose.

The PD Planned Development Districts recognize a defined area for unified and integrated development and are intended to create more flexible development opportunities than would be possible through the strict application of the land use and development regulations of this chapter. Planned Development Districts allow diversification in the uses permitted and variation in the relationship of uses, structures, and open spaces and are conceived as cohesive unified projects with unique standards and regulations. The Zoning Map may be amended from time to time, by ordinance duly enacted by the City Council, to provide for planned development districts upon approval of a development concept plan as set forth herein. Planned Development Districts shall achieve the following objectives:

A. An alternative development pattern in harmony with the objectives of various City and regional land use and development plans.

B. A creative use of land and related physical development allowing an orderly transition from one land use to another.

C. Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and height of structures in developments conceived as cohesive unified projects.

D. Unique standards for site and building design.

E. The preservation and enhancement of desirable site characteristics, such as open space, natural topography, vegetation and geologic features and the prevention of soil erosion.

§ 120-123 Location.

The Planned Development District shall be applicable to any area of the City of Rochester where the applicant can demonstrate that the characteristics of the development will satisfy the intent and objectives of this chapter. Where a planned development is deemed appropriate, the rezoning of land to a Planned Development District will replace all use and dimensional specifications contained elsewhere in this chapter.

§ 120-124 District ownership and size,

A. All owners of the tract shall be included as joint applicants on all applications, and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owners and all tracts.

B. No PD District shall be established having an area of less than two contiguous acres.

§ 120-125 Requirements and standards.

A. The requirements and standards for a Planned Development District shall be determined for each individual project. At a minimum, the Planned Development District shall include:

(1) Purpose statement that includes how the project meets the objectives of this chapter;

(2) Uses;

(3) Lot, area and yard dimensions;

(4) Floor area ratios or lot coverage limitations;

(5) Building characteristics;

(6) Open space;

(7) Parking;

(8) Unless otherwise addressed in the development concept plan, the applicable city-wide design guidelines and standards (Article XIX) and requirements applying to all districts (Article XX) in this chapter shall apply to all uses in the PD District.

B. 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 planned development, the applicant shall be responsible for establishing his or her ability, willingness and binding commitment to provide such facilities and services.

[Amended 2-14-2006 by Ord. No. 2006-22]

C. All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with a Planned Development District 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 Rochester in addition to the landowners within the Planned Development Districts. Additionally, such documents shall require expiration and reverter language to remedy nonperformance.

§ 120-126 Procedures for planned development districts.

A. Development concept plan approval and amendments.

(1) Development concept plan. The development concept plan is any plan hereinafter adopted by the City Council, after notice and a public hearing, for the development or redevelopment of an area with specific geographic boundaries, which clearly identifies the purposes of the development or redevelopment and involves one or more elements of land acquisition, site clearance, rehabilitation or construction of buildings, construction or reconstruction of public improvements and land disposition and which is specifically designated a "development concept plan" for purposes of this chapter.

(2) The applicant shall provide a development concept plan showing in its entirety the basic scope, character and nature of any proposed planned development district or amendment thereof of a previously approved development concept plan. The development concept plan or amendment to a development concept plan shall include:

(a) The categories of uses to be permitted;

(b) The overall maximum density of residential uses and intensity of nonresidential uses;

(c) The general location of:

[1] Vehicular and pedestrian circulation systems;

[2] Extent of public and private open space;

[3] Extent of utility systems; and

[4] Residential and nonresidential structures.

(d) The existing and proposed ownership and management of the planned development district, including the buildings, landscaped areas and open spaces.

(3) The applicant may, at its option, submit an incremental development plan in accordance with § 120-126B for the planned development district simultaneously with the submission of the development concept plan. In such case, the applicant shall comply with all provisions of this chapter applicable to submission of the development concept plan and to submission of the incremental development plan.

(4) Action by the Manager of Zoning. The development concept plan for proposed planned developments, amendments to existing planned developments and incremental development plans shall be subject to site plan review in accordance with § 120-191D.

[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]

(5) Action by Planning Commission.

(a) Review by the Planning Commission of planned development districts or amendments shall follow the procedures for zoning text or map amendments set forth in § 120-190C.

(b) In considering the development concept plan and formulating its recommendations, the Planning Commission shall specifically address the objectives and standards made applicable to the proposed planned development district by §§ 120-122 and 120-125.

(6) Action by City Council.

(a) Within 40 days following the receipt by the City Council of the report of the Planning Commission, or its failure to act as above provided, the City Council shall conduct a public hearing. The City Council shall:

[1] Deny the development concept plan;

[2] Refer it back to the Planning Commission for further consideration of specified matters; or

[3] By ordinance duly adopted, approve the development concept plan, with or without modifications to be accepted by the applicant as a condition of such approval, and amend the Zoning Map of the City to designate the area included in the approved plan as "Planned Development District Number _."

[a] If the development concept plan is approved with conditions, the Zoning Map shall not be amended until the applicant has filed with the Manager written consent to such conditions.

[Amended 6-20-2017 by Ord. No. 2017-170]

[b] In the event that a development concept plan is approved, or approved with conditions acceptable to the applicant, no development shall be permitted unless and until an incremental development plan has been submitted and approved in accordance with the provisions of this chapter.

B. Incremental development plan approval.

(1) Incremental development plan. The incremental development plan is a plan showing development occurring wholly within the boundaries of an approved planned development district which complies with all of the standards and requirements of the development concept plan approved for the district.

(2) All incremental development plan approvals shall require site plan approval as set forth in § 120-191. Application requirements are set forth in § 120-189E(l).

(3) In addition to the requirements of site plan approval, if the Manager finds substantial conformity with the development concept plan and finds the incremental development plan to be in all other respects complete and in compliance with any conditions imposed by approval of the development concept plan, the Manager shall approve the incremental development plan. An incremental development plan shall be deemed not to be in substantial conformity with an approved development concept plan if it:

[Amended 6-20-2017 by Ord. No. 2017-170]

(a) Exceeds by more than 10% the maximum parking, height, lot coverage or yard requirements approved for the planned development district;

(b) Decreases by more than 10% the area approved for public and private open space or significantly changes the general location of such areas;

(c) Substantially relocates approved public circulation elements to any extent that would significantly decrease their functionality, adversely affect their relation to surrounding lands and circulation elements, or significantly reduce their effectiveness as buffers or amenities;

(d) Significantly alters the arrangement of land uses within the planned development district;

(e) Provides for uses not included in the approved development concept plan; or

(f) Exceeds the maximum density for residential uses and the maximum floor area ratio for nonresidential uses.

(4) Amendments to an incremental development plan. An approved incremental development plan may be amended or varied by submitting a new site plan to the Manager of Zoning in accordance with § 120-191D(5)(e). In the case that the adjustments exceed the thresholds established for the Manager of Zoning by the development concept plan, the development concept plan must be amended as provided in this section for original development concept plan approval.

[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]

C. Limitations to approvals.

(1) A development concept plan shall become null and void one year after the filing date with the City Clerk, and the zoning district shall revert to the prior zoning district if an incremental development plan is not submitted for approval.

(2) An incremental development plan approval shall become null and void six months after the date on which it was issued unless a building permit is obtained and maintained.

D. Appeal.

(1) Appeals of a decision by the Manager of Zoning on an incremental development plan shall be taken to the City Planning Commission within 30 days of the decision.

[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]

(2) An appeal from any final decision of the Planning Commission as to any matter regarding the planned development district may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.

E. Current plan submission.

(1) Current plan. The current plan is a complete, comprehensive and permanent public record of a planned development district. The current plan is intended only to put in final form the information contained in the development concept plan and shall conform to all prior approved and all approved conditions thereof resulting from the planned development district process. The current plan shall consist of a site map that reflects all approved incremental development as well as the development concept plan for all areas not yet approved through an incremental development plan. It shall also contain references to all development concept plan components outlined in § 120-126A.

(2) A current plan must be submitted prior to any applications for amendments to the approved development concept plan or with request for approval of incremental development plans.

§ 120-127 Personal wireless telecommunication facilities (PWTF).

Personal wireless telecommunication facilities in the PD District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.

§ 120-128 (Reserved)