A.
Intent.
(1)
It is the intent of this Planned Unit Development
(PUD) Article to provide flexible land use and design regulations
through the use of performance criteria so that small to large scale
neighborhoods or portions thereof may be developed within the City
that incorporate a variety of residential types and nonresidential
uses, and contain both individual building sites and common property
which are planned and developed as a unit. Such a planned unit is
to be designed and organized as so as to be capable of satisfactory
use and operation as a separate entity without necessarily needing
the participation of other building sites or other common property
in order to function as a neighborhood. This article specifically
encourages innovations in residential development so that the growing
demands for housing at all economic levels may be met by greater variety
in type, design, and siting dwellings and by the conversion and more
efficient use of land in such developments.
(2)
This article recognizes that while the standard
zoning function (use and bulk) and the subdivision function (platting
and design) are appropriate for the regulation of land use in areas
or neighborhoods that are already substantially developed, these controls
represent a type of preregulation, regulatory rigidity and uniformity
which may be inimical to the techniques of land development contained
in the planned unit development concept. Further, this article recognizes
that a rigid set of space requirements along with bulk and use specifications
would frustrate the application of this concept.
B.
Objectives. In order to carry out the intent of this
article, a PUD shall achieve the following objectives:
(1)
A greater choice in the types of environment,
occupancy tenure (e.g., cooperatives, individual ownership, condominium,
leasing), types of housing, lot sizes and community facilities available
to existing and potential City residents at all economic levels;
(2)
More usable open space and recreation areas
and more public access to lakefront and other desirable recreational
areas;
(3)
The preservation of trees, outstanding natural
topography and geologic features and prevention of soil erosion;
(4)
A creative use of land and related physical
development which allows an orderly transition of land from rural
to urban uses;
(5)
An efficient use of land resulting in smaller
networks of utilities and streets and thereby lower housing costs;
(6)
A development pattern in harmony with the objectives
of the comprehensive plan;
(7)
A more desirable environment than would be possible
through the strict application of other articles of this chapter.
A.
Minimum area. Under normal circumstances, the minimum
area requirements to qualify for a planned unit development district
shall be 10 contiguous acres of land.
B.
Ownership. The tract of land for a project may be
owned, issued or controlled either 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 owners of all property included
in a project. In the case of multiple ownership, the approved plan
shall be binding on all owners.
C.
Location of PUD district. The PUD district shall be
applicable to any area of the City where the applicant can demonstrate
that the characteristics of his holdings will meet the objectives
of this article.
D.
Permitted uses. All uses within an area designated
as a PUD district are determined by the provisions of this section
and the approval of the project concerned.
(1)
Residential uses. In developing a balanced community,
the use of clustered housing types and densities may be deemed appropriate
provided that sufficient, common, open space is provided.
(2)
Office, commercial, service and other nonresidential
uses. Office, commercial, service and other nonresidential uses may
be permitted or required where such uses further the objectives stated
in the first section of this article and are in a scale compatible
with the residential uses of the property. Consideration shall be
given to the project as it exists in its larger setting in determining
the appropriateness of such uses.
(3)
Customary accessory or associated uses. Uses
such as private clubs, storage areas, recreational and community activities,
churches and schools shall also be permitted as appropriate to the
PUD.
E.
Intensity of land use. Because land is used more efficiently
in a PUD, improved environmental quality can often be produced with
a greater density (number of dwelling units per gross building area)
or intensity (amount of floor space per building area in nonresidential
uses) than usually permitted in traditionally zoned 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 densities
shall be completely documented, including all fact, opinions and judgments
justifying the selection of the rating or density.
F.
Common property in the PUD. Common property in a PUD
is a parcel or parcels of land, together with the improvements thereon,
the use and enjoyment of which is shared by the owners and occupants
of the individual building sites or by the public. When common property
exists, the ownership of such common property may be either public
or private. When common property exists in private ownership, satisfactory
arrangements must be made for the improvement, operation and maintenance
of such common property and facilities, including private streets,
drives, service and parking areas and recreational and open space
areas. Before accepting such property for City ownership, the City
Council may impose such conditions as it deems necessary or desirable
to effectuate public access to and enjoyment of such property.
The provisions of Chapter 850, Zoning, of the Code of the City of Canandaigua regulating signs and billboards in residential districts shall govern signs and billboards in all residential areas within a planned unit development. The provisions of Chapter 850, Zoning, regulating signs and billboards in commercial and industrial districts shall govern signs and billboards in all commercial and business areas within a planned unit development.
No structure in a planned unit development shall
exceed the lesser of six stores or 60 feet in height. Chimneys attached
to such structures may extend five feet above the highest point of
the building structure.
A.
General. Whenever any planned unit development is
proposed, before any permit for the erection of a permanent building
in such planned unit development shall be granted, and before any
subdivision plot of any part thereof may be filed in the office of
the Ontario County Clerk, the developer or his authorized agent shall
apply for and secure approval of such planned unit development in
accordance with the following procedures.
B.
Application for sketch plan approval.
(1)
The developer shall submit a sketch plan of
his proposal to the City Council with an application to have the plan
approved and the area of its location designated a planned unit development
(PUD) area. A committee of all members of the City Council chaired
by a Council member appointed by the Mayor shall review the application
and make a recommendation to the Council before the Council takes
any action related to this application. The sketch plan shall be approximately
to scale and shall clearly show the following information:
(a)
Description of the area involved by tax map
numbers, legal description, address, and ownership;
(b)
An area map prepared by a licensed engineer
or architect showing applicant's entire holding, that portion of the
applicant's property under consideration, and all properties, subdivision,
streets, and easements within 500 feet of applicant's property;
(c)
A tracing overlay showing all soil areas and
their classifications, and those areas, if any, with moderate to high
susceptibility to flooding, and moderate to high susceptibility to
erosion. For areas with potential erosion problems the overlay shall
also include an outline and description of existing vegetation;
(d)
Identification and location of the various uses
and their areas in acres;
(e)
The general outlines of the interior roadway
system and all existing rights-of-way and easements, indicating whether
public or private;
(f)
Delineation of the various residential areas
indicating for each such area its general extent, size, number of
bedrooms, and composition in terms of total number of dwelling units,
approximate percentage allocation by dwelling unit type (i.e., single-family
detached, duplex townhouse, garden apartments, high-rise); and general
description of the intended market structure (i.e., luxury, middle
income, moderate income, elderly units, family units, etc.); plus
a calculation of the residential density in dwelling units per gross
acre (total area including interior roadways) for each such area;
(g)
Delineation of nonresidential areas indicating
for such area its general extent, size, intended use, type and size
of facility, and economic market for commercial services, recreational,
and tourist uses.
(h)
Location, height, construction type, and architectural
style of each building or other improvement;
(i)
Maps of open space system, including parking
and other open areas, outdoor lighting, recreational facilities (both
private and public) and indicating proposed ownership;
(j)
A general landscape plan, including any proposed
treatment of the development's perimeter, and any additional information
regarding adjacent areas which might assist in the evaluation of the
proposed project impact;
(k)
The overall drainage system; proposed and existing
utility systems;
(l)
If grades exceed 3%, or portions of the site
have a moderate to high susceptibility to erosion, flooding and/or
ponding, a topographic map showing contour intervals of not more than
five feet of elevation shall be provided along with an overlay outlining
the above susceptible soil areas, if any;
(m)
Principal ties to the community at large with
respect to transportation, water supply and sewage disposal;
(n)
General description of the provision of other
community facilities, such as schools, fire protection services, and
cultural facilities, if any, and some indication of how these needs
are proposed to be accommodated;
(o)
A location map showing existing and proposed
uses and proposed lot lines and the ownership of abutting lands;
(p)
Financial information including whether phased
development is planned, a proposed construction schedule, cost of
completion of each phase, person(s) financially liable for completion;
(q)
Future objectives, if any, for the project;
and
(r)
A three-dimensional scale model showing topography
and the size, shape, height and location of any buildings or other
improvements on the property. Architectural and design features need
not be shown. Landscaping or other detail need not be shown, except
as the City Council may require.
(2)
In addition, the following documentation shall
accompany the sketch plan:
(a)
Evidence of how the developer's particular mix
of land uses meets existing community demands to include area wide
as well as local considerations;
(b)
Evidence that the proposal is compatible with
the goals of local and area wide comprehensive plan, if any;
(c)
General statement as to how common open space
is to be owned and maintained;
(d)
If the development is to be staged, a general
indication of how the staging is to proceed. Whether or not the development
is to be staged, the sketch plan of this section shall show the intended
total project;
(e)
Evidence of any sort in the applicant's own
behalf to demonstrate his competence to carry out the plan and his
awareness of the scope of such a project, both physical and financial.
(3)
With the sketch plan, the developer shall submit
an application fee in the amount of $5,000 to the City of Canandaigua.
This fee will be kept in an interest-bearing account by the City of
Canandaigua. As the City of Canandaigua expends monies to review the
application and/or its environmental impact, including but not limited
to, staff salaries, expenses and personnel costs, consultant costs,
and attorney's fees, the City of Canandaigua shall reimburse itself
for all such expenditures from this account or from other monies paid
by the developer. As the City reimburses itself from this account,
the developer shall deposit additional monies sufficient to maintain
the fund at a $5,000 level. Interest on the account and monies in
the account, when the development is completed, shall be returned
to the developer.
(4)
Upon receipt of the sketch plan and supporting
documentation, the City Council, or the City Manager acting for the
City Council, shall certify that the submission is complete and submit
the sketch plan and supporting documentation to the City of Canandaigua
Planning Commission and to the City staff for coordinated staff review.
(5)
The Planning Commission shall review the sketch
plan and accompanying information and documents. It shall render either
a favorable or unfavorable report to the City Council after its review
of the proposed draft of the environmental impact statement, if applicable,
or after it is determined by the City Council that no such statement
is required. The Council shall set the due date for such report and
may request a preliminary report from the Planning Commission to assist
in review of the proposal at anytime. The Planning Commission shall
refer to the Ontario County Planning Board for comment the sketch
plan, accompanying information and documents, and if required, the
proposed draft environmental impact statement upon the Planning Commission's
receipt of this information.
(a)
A favorable report from the Planning Commission
shall be based on the following findings which shall be included as
part of the report:
[1]
The proposal meets City zoning and planning
goals for the area in question;
[2]
The proposal meets the intent and objectives of planned unit development as expressed in § 850-120.
[4]
The proposal is conceptually sound in that it
meets local and area wide needs and it conforms to accepted design
principles in the proposed functional roadway and pedestrian system,
land use and configuration, open space system, drainage system, and
scale of the elements both absolutely and to one another.
[5]
There are adequate services and utilities available
or proposed to be made available in the construction of the development.
(b)
An unfavorable report shall state clearly the
reasons therefor.
(c)
The Planning Commission may recommend changes in or conditions to the sketch plan which mitigate problems or improve compliance with Subsection B(5)(a)[1] through [4].
(6)
The City Manager shall submit a report, based
upon the coordinated staff review, to the City Council within 60 days
of the submission from the City Council for the coordinated staff
review.
C.
PUD districting and sketch plan approval or disapproval.
(1)
Upon receipt of a report from the Planning Commission
recommending approval or disapproval of sketch plan, the City Council
shall set a date for and conduct a public hearing for the purpose
of considering PUD district designation for the area of applicant's
plan in accordance with applicable law and for the purpose of obtaining
public input regarding sketch plan approval or disapproval. Said public
hearing shall be conducted within 30 days of the receipt of the Planning
Commission report or if a draft environmental impact statement is
required, within 30 days of its acceptance or adoption.
(2)
Within 60 days after the public hearing, City
Council shall render its decision on the application, either approving
or disapproving the sketch plan with or without conditions.
D.
Factors for consideration. The City Council's decision
whether to approve the sketch plan and designate the area as a planned
unit development (PUD) district shall include, but is not limited
to, the following considerations:
(1)
Adequacy and arrangement of pedestrian traffic
access and circulation including intersections, road widths, channelization
structures and traffic controls;
(2)
Adequacy and arrangement of pedestrian traffic
access and circulation including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic, and pedestrian convenience;
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading;
(4)
Location, arrangement, size and design of buildings,
lighting and signs;
(5)
Relationship of the various uses to one another
and their scale;
(6)
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or a noise deterring
buffer between adjacent uses and adjoining lands;
(7)
In the case of apartment houses or multiple
dwellings, the adequacy of usable open space for playgrounds and informal
recreation;
(8)
Adequacy of stormwater and sanitary waste disposal
facilities;
(9)
Adequacy of structures, roadways and landscaping
in areas with moderate to high susceptibility to flooding and ponding
and/or erosion;
(10)
Protection of adjacent properties against noise,
glare, unsightliness, or other objectionable features;
(11)
Overall environment impact;
(12)
Conformance with other goals of the City which
may have been stated in the zoning resolutions or the City Comprehensive
Plan.
E.
Architectural requirements. The City Council may require
the exterior design of all structures be made by, or under the direction
of, a registered architect whose seal shall be affixed to the plans.
The City Council may also impose architectural style requirements
so that the buildings and improvements within the project are internally
harmonious and appropriate to the community as a whole.
F.
Historic zoning. Notwithstanding any other provisions of law, Article XI, Historic Zoning, of this chapter shall remain in effect and no PUD shall involve any historic district or structures as set forth in that article without full compliance with each and every provision of that article.
G.
Zoning for planned unit developments. If City Council approves the sketch plan, it shall designate the project areas as PUD district and the Zoning Map shall be so notated. City Council may, if it feels it is necessary in order to fully protect the public health, safety, and welfare of the community, attach to its approval resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening; land use mixes; order of construction and/or occupancy; circulation systems both vehicular and pedestrian; availability of sites within the area for necessary public services such as schools, fire houses, and libraries; protection of natural and/or historic sites; and other such physical or social demands. City Council shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in § 850-121E. The City Council may condition approval of the sketch plan upon submission of letters of credit and/or performance bonds.
A.
Application for preliminary site plan approval. Application
for preliminary site plan approval shall be accompanied by the following
information prepared by a licensed engineer, architect and/or landscape
architect:
(1)
A topographic map showing contour intervals
of not more than five feet of elevation shall be provided.
(2)
A preliminary site plan including the following
information:
(a)
Title of drawing, including name and address
of applicant;
(b)
North point, scale and date;
(c)
Boundaries of the property plotted to scale;
(d)
Existing watercourses;
(e)
A site plan showing location, proposed use and
height of all buildings; location of all parking and truck loading
areas, with access and egress drives thereto; location and proposed
development of all open spaces including parks, playgrounds and open
reservations; location of outdoor storage, if any; location of all
existing or proposed site improvements, including drains, culverts,
retaining walls and fences; description of method of sewage disposal
and location of such facilities; location and size of all signs; location
and proposed development of buffer areas; location and design of lighting
facilities; and the amount of building area proposed for nonresidential
uses, if any.
B.
City Planning Commission. Upon receipt of the application for preliminary
site plan approval to the City Director of Development and Planning,
the application shall be referred to the City Planning Commission
for its review and approval. A copy of said application shall be made
to the City Council so that the City Council may issue a statement
of consistency or inconsistency with the approved sketch plan.
[Amended 7-2-2015 by Ord.
No. 2015-004]
C.
Action on preliminary site plan application.
[Amended 7-2-2015 by Ord.
No. 2015-004]
(1)
Within 90 days of the receipt of the application for preliminary
site plan approval, the City Planning Commission shall act on it.
If no decision is made within said ninety-day period, the preliminary
site plan shall be considered conditionally approved. The City Planning
Commission may hold a public hearing to review the proposed preliminary
site plan. The City Planning Commission's action shall be in the form
of a written statement to the applicant stating whether or not the
preliminary site plan is conditionally approved. A copy of the appropriate
minutes of the City Planning Commission shall be a sufficient report.
(2)
The City Planning Commission's statement may include recommendations
as to desirable revisions to be incorporated in the final site plan,
of which conformance with shall be considered a condition of approval.
Such recommendations shall be limited, however, to siting and dimensional
details within general use areas and shall not significantly alter
the sketch plan as it was approved.
(3)
If the preliminary site plan is disapproved, the City Planning
Commission's statement shall contain the reasons for such findings.
In such a case, the City Planning Commission may recommend further
study of the site plan and resubmission of the preliminary site plan
to the City Planning Commission after it has been revised or redesigned.
(4)
No modification of existing stream channels,
filling of lands with a moderate to high susceptibility to flooding,
grading or removal of vegetation in areas with moderate to high susceptibility
to erosion, or excavation for and construction of site improvements
shall begin until the developer has received preliminary site plan
approval. Failure to comply shall be construed as a violation of this
Zoning Chapter and, where necessary, final site plan approval may
require the modification or removal of site improvements.
D.
Request for changes in the sketch plan. If in the site plan development
it becomes apparent that certain elements of the sketch plan, as it
has been approved by City Council are unfeasible and in need of significant
modification, the applicant shall then present his solution to the
City Planning Commission as his preliminary site plan in accordance
with the above procedures. The City Planning Commission shall then
first determine whether or not the modified plan is still in keeping
with the intent of the zoning resolution. If a negative decision is
reached, the site plan shall be considered as disapproved. The developer
may then, if he wishes, produce another site plan in conformance with
the approved sketch plan. If an affirmative decision is reached, the
Planning Commission shall so notify City Council stating all of the
particulars of the matter and its reasons for feeling the project
should be continued as modified. Preliminary site plan approval may
then be given only with the consent of the City Council.
[Amended 7-2-2015 by Ord.
No. 2015-004]
E.
Application for final detailed site plan approval.
[Amended 7-2-2015 by Ord.
No. 2015-004]
(1)
After receiving conditional approval from the City Planning
Commission on a preliminary site plan, with the consent of City Council
if required, and approval for all necessary permits and curb cuts
from government officials, the applicant may prepare his final detailed
site plan and submit it to the City Planning Commission for final
approval; except that if more than 12 months has elapsed between the
time of the approval of the preliminary site plan and if the City
Planning Commission finds that conditions have changed significantly
in the interim, the City Planning Commission may require a submission
of the preliminary site plan for further review and possible revision
prior to accepting the proposed final site plan for review.
(2)
The final detailed site plan shall conform substantially to
the preliminary site plan that has received preliminary site plan
approval. It should incorporate any revisions or other features that
may have been recommended by the City Planning Commission or City
Council at the preliminary review. All such compliances shall be clearly
indicated by the applicant on the appropriate submission.
(a)
The final site plan at a scale of 50 feet to one inch. Where
more than one sheet is required to show the entire development, a
key map shall be provided.
(b)
The lines of existing and proposed streets and sidewalks immediately
adjoining and within the PUD.
(c)
The names of existing and proposed streets.
(d)
Typical cross sections of proposed streets and sidewalks.
(e)
Profiles of proposed streets at suitable vertical scale showing
finished grades in relation to existing ground elevation.
(f)
Layout of proposed lots, including lot numbers and proposed
numbering system for buildings.
(g)
The location and size of any existing and proposed sewers (stormwater
and/or sanitary), water mains, and pipes on the property or into which
any connection is proposed.
(h)
Provisions for water supply and sewage disposal.
(i)
Locations of survey monuments.
(j)
A planting plan indicating locations, varieties, and minimum
sizes of trees to be planted and of existing trees to be preserved.
Existing wooded areas need not be itemized, but should be generally
described.
(k)
Brief specifications, or reference to City standards, for all
public facilities to be constructed or installed within the PUD stage.
(l)
A proposed lighting plan stating the style and number of fixtures
and the proposed type of luminaries, which shall be dark-sky compliant.
(m)
Architectural plans, including proposed materials and colors
to be utilized.
(n)
Proposed locations and sizes of any signage.
F.
Action on the final detailed site plan application.
(1)
Within 60 days of the receipt of the application for final site
plan approval, and after a duly advertised public hearing in accordance
with law, the City Planning Commission shall render a decision to
the applicant. If no decision is made within the sixty-day period,
the final site plan shall be considered approved.
(a)
Upon approval of an application by the City Planning Commission,
the Chairman of the City Planning Commission shall endorse his approval
on a copy of the final site plan and shall forward it to the Code
Enforcement Officer, who shall then issue a building permit to the
applicant, if the project conforms to all other applicable requirements.
(b)
Upon disapproval of an application, the City Planning Commission
shall so inform the Code Enforcement Officer and the City Council.
The City Planning Commission shall also notify the applicant, in writing,
of its decision and its reasons for disapproval. A copy of the appropriate
minutes may suffice for this notice.
G.
Staging. If the applicant wishes to stage his development,
and he has so indicated as required, then he may submit only those
stages he wishes to develop for site plan approval in accordance with
his staging plan. Any plan which requires more than 24 months to be
completed shall be required to be staged; and a staging plan must
be developed. It is the intent of this article that individual stages
of the PUD will have an integrity of use in their own right so that,
if for any reason, the entire PUD would not be completed, those portions
of the PUD already constructed will be an asset to the community by
themselves. Staging plans must take account of this objective, and
developers proposing individual stages that deviate significantly
from the overall character of the PUD should present convincing evidence
that such a state is indeed in keeping with this action.
A.
Regulation after final site plan approval. To regulate development
and use of property after final site plan approval, any changes (including
but not limited to use changes, area variances, site plan changes
that vary by 10% from the approved building footprint, changes in
any item of the approved final site plan, and any requested changes
to any conditions imposed pursuant to this article) must be approved
by the City Planning Commission after notification to the City Council.
[Amended 7-2-2015 by Ord.
No. 2015-004]
(1)
It shall be noted that properties in planned unit development
districts are unique and shall be so considered by the City Planning
Commission when evaluating these requests; and maintenance of the
intent and function of the planned unit shall be of primary importance.
(2)
An application for an amendment to an approved plan shall be reviewed under the same procedures set forth in § 850-125E, F and G. If in the course of such review it becomes apparent that such proposed amendments are significantly different from the approved final site plan as to be considered inconsistent, then such amendments shall not be approved.
B.
Site plan review. Site plan review under the provisions
of this article shall suffice for Planning Commission review of subdivisions
regulations, subject to the following conditions:
(1)
The developer shall prepare sets of subdivision
plats suitable for filing with the office of the Ontario County Clerk
in addition to those drawings required above.
(2)
The developer shall plat the entire development
as a subdivision; however, PUDs being developed in stages may be platted
and filed in the same stages.
(3)
Final site plan approval under § 850-125F(1) shall constitute final plat approval under the City's subdivision regulations.[1]
(4)
The developer shall be responsible for the cost of third-party
review and inspections related to compliance with the New York State
Building and Construction Codes, Fire Prevention and Safety, and Utilities.
The developer shall submit a deposit in the amount of $10,000 to the
City of Canandaigua prior to the issuance of any building permits
on the final site plan. This fee will be kept in an interest-bearing
account by the City of Canandaigua. As the City of Canandaigua expends
monies related to third-party review and inspections, including but
not limited to consultant costs and attorney's fees, the City of Canandaigua
shall reimburse itself for all such expenditures from this account
or from other monies paid by the developer. As the City reimburses
itself from this account, the developer shall deposit additional monies
sufficient to maintain the fund at a $5,000 level. Interest on the
account and monies in the account, when a certificate of occupancy
is completed, shall be returned to the developer.
[Added 7-2-2015 by Ord.
No. 2015-004]
No building permits shall be issued for construction
within a PUD district until improvements are installed or performance
bond or letter of credit posted in accordance with the requirements
of the City Corporation Counsel and City Manager. Other such requirements
may also be established from time to time by City Council.[1]
[1]
Editor's Note: Original Section 10.48.1000,
Historical Note, which immediately followed this section, is excluded
from the 2007 codification. Its information can be found in the chapter
history at the beginning of this chapter.
