A.Â
It is the purpose of the Planned Unit Development (PUD) District
is to provide flexible land use regulations so that business districts,
including and most especially mixed-use business districts, and the
light industrial district can be developed within the Village as a
fully functional, well-planned district with a critical mass of self-supporting,
sustainable development designed consistent with the vision established
within the Village of Liverpool Comprehensive Plan 2025 and the corresponding
Downtown Redevelopment Plan (both of which are hereafter referred
to as the "Plan").[1] The intent of the PUD is to support the furtherance of
development consistent with the Plan's vision for the business and
industrial districts as summarized in their corresponding purpose
statements by achieving economies of scale through creativity and
flexibility of site design as well as other opportunities that are
afforded by large-scale development.
[1]
Editor's Note: The Comprehensive Plan and the Downtown Redevelopment
Plan are on file in the Village offices.
B.Â
The PUD is also intended to provide incentives for development consistent
with the plan for both public and private spaces. Density bonuses
will be offered in exchange for the provision of on-site/off-site
public and private amenities and streetscaping consistent with the
Village's historic civic center, waterfront, and hanging garden public
space and amenity themes. As noted in the Plan, on-site/off-site public
and private amenities such as interior courtyards, plazas, pocket
parks, decorative banners and signage, pedestrian gateways, and even
rooftop gardens are encouraged to recapture the Village's identity
as a premier waterfront community. Through proper site design and
building orientation, improved linkages to Onondaga Lake Park, including
pedestrian greenways, can be achieved. Recommended site design elements
include stone walls, wrought iron fencing and gateway features, tree-lined
walkways with ornamental lighting and public gardens.
C.Â
Where PUD techniques are deemed appropriate through the rezoning
of land to a PUD District by the Village Board of Trustees, the set
of use and dimensional specifications elsewhere in this chapter may
be replaced with an approval process in which an approved plan becomes
the basis for continuing land use controls. In no case shall the regulations
of this section be so interpreted as to circumvent the benefits of
this chapter to the residents or occupants of adjoining properties.
Furthermore, in no case shall the regulations of this section allow
for a deviation of the purpose and intent of the underlying zoning
district and the expressed vision for the district as established
in the Plan.
A.Â
Minimum area. The minimum area required to qualify for a PUD shall
be 1Â 1/2 contiguous acres of land in a business or industrial
district. For purposes of this subsection, lands separated by streams
or drainage courses, highways, streets or other public or private
rights-of-way shall be deemed contiguous. Boundaries should assume
reasonably regular configurations, taking advantage of natural features,
public rights-of-way and other clearly defined features as outer perimeters
in order to facilitate buffering between the PUD and adjacent areas
and in order to minimize the development obstacles created by sharply
irregular boundaries resulting from noncontiguous ownership patterns.
B.Â
Ownership. The tract of land for which a PUD application is received
must be either in one ownership or the subject of an application filed
jointly by the owners of all properties and/or their agent. If the
PUD application is filed by a prospective purchaser or option holder,
written consent of all property owners must be submitted as evidence
of their concurrence with the PUD application. In the case of multiple
ownership, the approved plan shall be binding on all owners.
C.Â
Location of PUD. The PUD district shall be restricted to the business
districts (B-1, B-2, B-3, and B-4) and the Limited Industrial Business
(LI-BP) District. While the provisions for a PUD constitute a section
of this Zoning Law, they do not apply to a specific area until established
by a resolution of the Village Board of Trustees (hereafter referred
to as "Board of Trustees").
D.Â
Permitted uses.
(1)Â
Permitted uses located in a B-1 district include all B-1 permitted
uses.
(2)Â
Permitted uses located in a B-2 district include all B-2 permitted
uses.
(3)Â
Permitted uses located in a B-3 district include all B-3 permitted
uses.
(4)Â
Permitted uses located in a B-4 district include all B-4 permitted
uses.
(5)Â
Permitted uses located in a LI-BP district include all B-5 permitted
uses.
This section recognizes that, while the standard zoning function
and the subdivision function are appropriate for the regulation of
the land use in the business and industrial districts, these controls
represent a type of preregulation, regulatory right, and uniformity
which may be disadvantageous to the techniques of land development
contained in the PUD concept. Furthermore, this section recognizes
that a rigid set of space requirements and bulk specifications would
frustrate the application of this concept.
A.Â
Relief from certain bulk regulations.
(1)Â
This PUD article will offer negotiation incentives such as density
bonuses and relief from certain bulk regulations found in the underlying
zoning district to encourage development/redevelopment of the business
districts and industrial district consistent with the underlying district's
purpose statement as well as the vision, goals and objectives for
that area as established in the Plan. Incentives will be offered in
return for the provision of on-site/off-site public and private amenities
as noted in the Plan such as the development of a hanging garden streetscape
theme, improved pedestrian gateways into the Village Business District
from Onondaga Lake, interior courtyards, plazas, pocket parks, decorative
banners and signage, ornamental lighting, and even rooftop gardens.
All existing bulk regulations shall remain in effect unless relief
is sought in exchange for on-site/off-site public and private amenities.
(2)Â
Under no circumstances shall the type of uses permitted in the underlying
zoning district be modified. For example, the B-1 District only allows
for mixed-use buildings. A PUD in a B-1 District shall only allow
for mixed-use buildings and not single-use, single-occupancy principal
buildings. Height regulations established as minimum standards in
a B-1 District may be increased to allow for additional density in
exchange for on-site/off-site public and private amenities as described
above as well as in the Plan. In a B-1 District, relief from setback
regulations should only be granted in special circumstances where
it can be shown that relief from the regulation will not conflict
with the purpose, intent, and vision for the area. Relief from other
bulk regulations shall not be granted. Under no circumstances shall
off-street parking be located within the front of a mixed-use building.
(3)Â
In determining whether to grant relief, the Planning Board shall
establish its findings in its recommendation to the Board of Trustees
regarding how the PUD advances the vision for the underlying district
as expressed in the Plan and within the corresponding district purpose
statement. It must be shown that relief from certain bulk regulations
will not pose an adverse impact. If relief is not sought, the underlying
district's bulk regulations shall remain in effect.
B.Â
Relief from certain supplemental regulations.
(1)Â
All supplemental regulations shall also be mandatory unless relief
is sought in exchange for the provision of on-site/off-site public
and private amenities as described above. The Planning Board may grant
relief from individual supplemental regulations in return for the
provision of public amenities to further the intent of the underlying
district's purpose statement and the community's vision for the district
as expressed in the Plan.
(2)Â
An applicant seeking relief from a supplemental regulation shall
provide a narrative as part of the application process outlining how
the relief furthers the intent of the underlying district's purpose
statement as well as the community's vision for the district expressed
in the Plan. In determining whether to grant relief, the Planning
Board shall establish its findings in its recommendation to the Board
of Trustees regarding how the PUD advances the vision for the underlying
district as expressed in the Plan and within the corresponding district
purpose statement. If relief is not sought, the following supplemental
regulations shall remain as follows:
(3)Â
In determining whether to grant relief, the Planning Board shall
establish its findings in its recommendation to the Board of Trustees
regarding how the PUD advances the vision for the underlying district
as expressed in the Plan and within the corresponding district purpose
statement. It must be shown that relief from certain supplementary
regulations will not pose an adverse impact. If relief is not sought,
supplementary bulk regulations shall remain in effect.
In determining whether exceptions to district standards should
be allowed, particularly regarding the intensity of land use, the
Board of Trustees and the Planning Board shall consider the following
factors.
A.Â
The ability of the proposed plan to meet the vision, goals, and objectives
of the Plan.
B.Â
The ability of the proposed plan to meet the intent of the purpose
statement of the underlying zoning district(s).
C.Â
The need for the proposed land use in the proposed location.
D.Â
The availability and adequacy of water service.
E.Â
The availability and adequacy of sewer service.
F.Â
The pedestrian circulation and open space in relation to structures.
G.Â
The ability of the proposed site design to prioritize pedestrian
movement and safety over vehicular movement and parking.
H.Â
The availability and adequacy of transportation systems, including
the impact on the road network.
I.Â
The character of the district in which the PUD is being proposed,
including the safeguards provided in the underlying district to minimize
possible detrimental effects of the proposed use on adjacent properties
and adjacent residential neighborhoods, including mixed-use neighborhoods.
J.Â
The height and bulk of buildings and their relation to other structures
in the vicinity.
K.Â
The proposed uses and density of such uses within their intended
areas.
L.Â
Whether the proposal is actually sound in that it meets local and
area-wide needs and conforms to accepted community design standards
and guideline principles.
M.Â
Potential impacts on environmental resources including wetlands,
surface water, floodplains, and plant and wildlife communities.
N.Â
The general ability of the land to support the development, including
such factors as slope, depth to bedrock, depth to water table and
soil type.
O.Â
Other factors as may be deemed appropriate by the Board of Trustees
and Planning Board.
Common property in a PUD is a parcel or parcels of land, together
with the improvements thereon, the use and enjoyment of which are
shared by the owners and occupants of the individual building sites.
Common property shall be allowed within a PUD. The ownership of such
common property may be 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, services, and parking
areas and recreational and open space areas.
The applicant shall meet informally with the Planning Board
Chairperson, a member of the Planning Board and a member of the Board
of Trustees to discuss the appropriateness of a proposed PUD and any
items that should be addressed with the preparation of the PUD application.
Whenever any PUD is proposed, before any permit for the erection
of a permanent building in such PUD shall be granted and before any
subdivision plat of any part thereof may be filed in the office of
the Onondaga County Clerk, the developer or its authorized agent shall
apply for and secure approval of such PUD in accordance with the following
procedures:
A.Â
Preliminary plan application for consideration of PUD review.
(1)Â
In order to allow the Board of Trustees and the developer to reach
an understanding on basic design requirements prior to detailed design
investment, the developer shall submit an application of his proposal
to the Board of Trustees. The Board of Trustees, at its next regularly
scheduled meeting, may, if it determines that the proposal merits
review, refer the application to the Planning Board for review and
recommendation. The date of Planning Board receipt of the application
shall be the next regular meeting of the Planning Board. If the Board
of Trustees 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.
(a)Â
The application shall include a plan drawn to scale, though
it need not be to the precision of a finished engineering drawing
and it shall clearly show the following information:
[1]Â
The location of the various uses and their areas.
[2]Â
The general outlines of the interior roadways system and all
existing rights-of-way and easements, whether public or private.
[3]Â
Delineation of the various residential areas, indicating for
each such area its general extent, size and composition in terms of
total number of mixed-use dwelling units 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 such area, and a calculation of total
permeable area.
[4]Â
The overall drainage system.
[5]Â
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, a topographic map showing 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.
[6]Â
Principle responsibility to the community at large with respect
to transportation, water supply and sewage disposal.
[7]Â
General description of the provisions 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.
[8]Â
A location map showing uses and ownership of abutting lands.
[9]Â
A State Environmental Quality Review Act (SEQRA) long form environmental
assessment form.
(b)Â
In addition, the following documentation shall accompany the
plan:
[1]Â
Evidence of how the developer's particular mix of land uses
meets existing community demands.
[2]Â
A general statement as to how common open space is to be owned
and maintained.
[3]Â
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 plan of this section shall show the intended total
project.
[5]Â
Evidence of the applicant's physical and financial competence
to carry out the plan and his or her awareness of the scope of such
a project.
[6]Â
A draft zoning ordinance applicable to the project for review
by the Board of Trustees. The draft ordinance shall identify all amendments
to the ordinance required by the PUD.
[7]Â
A fiscal impact analysis identifying projected short- and long-term
impacts on municipal and school district budgets.
(2)Â
After receipt of all required information, as determined by the Planning
Board, the Planning Board shall hold a public hearing in accordance
with the hearing requirements of this chapter and shall render either
a favorable or an unfavorable report to the Board of Trustees within
60 days of the closing of the public hearing.
(3)Â
In reviewing the preliminary plan application, the Planning Board
may call upon the County Planning Department and may call upon any
other public or private agencies or consultants that the Board feels
are necessary to provide a sound review of the proposal.
(4)Â
A favorable report shall include a recommendation to the Board of
Trustees that a public hearing be held for the purpose of considering
PUD districting. It shall be based on the following findings, which
shall be included as part of this report:
(b)Â
That the proposal achieves the intent of the purpose statement
of the underlying zoning district(s).
(c)Â
That the proposal meets the intent and objectives of PUD, as
expressed in this article.
(d)Â
That the proposal meets all the general requirements in this
article.
(e)Â
That the proposal is conceptually sound in that it meets a community
need and it conforms to accepted design principles in the proposed
functional roadway system, land use configuration, open space system,
drainage system and scale of the elements.
(f)Â
That there are adequate services and utilities available or
proposed to be made available in the construction of the development.
(5)Â
An unfavorable report shall state clearly the reasons therefor, and
if appropriate, point out to the applicant what might be necessary
in order to receive a favorable report. The applicant may, within
10 days after receiving an unfavorable report, file an application
for PUD districting with the Board of Trustees. The Board of Trustees
may then determine, on its own initiative, whether or not it wishes
to call a public hearing.
(a)Â
The Chairman of the Planning Board shall certify when all of
the necessary application material has been presented, and the Planning
Board shall submit its report within 60 days of such certification.
If a report has not been rendered after 60 days, the applicant may
proceed as if a favorable report was issued.
(6)Â
Upon receipt of a favorable report from the Planning Board or upon
its own determination subsequent to an appeal from an unfavorable
report, the Board of Trustees shall set a date for and conduct a public
hearing for the purpose of considering PUD districting for the applicant's
preliminary plan application, in accordance with the procedures established
by the Board of Trustees for holding meetings, said public hearing
to be conducted within 45 days of the receipt of the favorable report
or the decision on appeal from an unfavorable report.
(7)Â
The Board of Trustees shall refer the preliminary plan application
to the Onondaga County Planning Agency for its analysis and recommendations,
and the Board of Trustees shall also refer the preliminary plan application
to such other agencies or consultants it deems appropriate.
(8)Â
Within 30 days following receipt of the report from the County Planning
Agency, the Board of Trustees shall render its decision on the preliminary
plan application. Failure of the Board of Trustees to act within the
specified time shall constitute disapproval of the preliminary plan
application.
B.Â
Site plan and subdivision approvals.
(1)Â
Subsequent to obtaining any rezoning under this article, individual project elements shall be subject to site plan or subdivision approvals, as applicable. The procedure for such approvals shall be as specified in Article XIV of this chapter for site plan approvals and in Chapter 334, Subdivision of Land, for subdivision approvals.
C.Â
Zoning for Planned Unit Development; final development plan.
(1)Â
A tentative rezoning of the proposed area will be issued by the Board
of Trustees if the Board of Trustees issues preliminary plan approval
with or without modifications for the PUD. Such a change shall not
constitute final approval of a plat, or authorization to issue building
permits. The Board of Trustees may, if it feels it necessary in order
to fully protect the public health, safety and welfare of the community,
attach to its zoning 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, protection of natural and/or historic sites
and other physical or social demands. The Board of Trustees shall
state at this time its findings with respect to the land use intensity
based on the intent of the underlying zoning district and the intent
of the Plan.
(2)Â
Within nine months following approval of the preliminary plan, the
applicant shall submit to the Planning Board a final development plan
containing in a final detailed form the information required in the
preliminary plan. At its discretion and for good cause, the Planning
Board may extend for six months the period for filing the final development
plan.
(3)Â
If the applicant fails to submit a final development plan for any
reason, within the time allowed, the tentative rezoning shall be revoked
and all the area within the development for which final approval has
not been given shall be subject to the original zoning.
(4)Â
If the final development plan is in substantial compliance with the
preliminary plan, it shall be approved by the Planning Board within
30 days. Notice of such approval shall then be given to the Board
of Trustees, which shall approve the final development plan, and plat
or plats involved, if any, within 30 days; providing that such approval
shall not be given until a performance bond of an amount equal to
one-half of the cost of the entire implementation and construction
costs of the PUD be provided to the Village. The Board of Trustees
may waive this last requirement. If compliance with the preliminary
plan is not established, submission of the final development plan
shall follow the procedure for approval of a preliminary plan before
final approval may be given.
(5)Â
If construction has not started within 18 months of approval of the
final development plan, said approval shall lapse. The Planning Board
may extend this period by six months upon showing of good cause by
the applicant. If the construction of the entire development or established
stages is not significantly complete within the time limits imposed
by the construction schedule, the Planning Board shall review the
PUD and recommend to the Board of Trustees that the time for completion
be extended, that the final approval of the PUD be revoked or that
the final development plan be amended. If final approval of all or
portions of the final development plan is withdrawn, that area of
the PUD shall be subject to the original zoning.
If in the site plan review process it becomes apparent that
certain elements of the preliminary plan, as it has been approved
by the Board of Trustees, are unfeasible and in need of significant
modification, the applicant shall than present solutions to the Planning
Board of the PUD site plan in accordance with the above procedures.
The Planning Board shall then determine whether or not the modified
plan is still in keeping with the intent of the local law creating
the PUD, the intent of the underlying zoning district, and is consistent
with the Plan. If a negative decision is reached, the site plan shall
be considered disapproved. The applicant may then produce another
site plan in accordance with the approved PUD plan. If an affirmative
decision is reached, the Planning Board shall so notify the Board
of Trustees stating all of the particulars of the matter and its reason
for feeling the project should be continued as modified. Preliminary
site plan approval may then be given only with the consent of the
Board of Trustees.
No building permits shall be issued for construction within a PUD District until improvements are installed or financial security is posted in accordance with the procedures of this chapter and/or Chapter 334, Subdivision of Land. Construction may also not occur until such other requirements and conditions as established by the Board of Trustees and Planning Board have been met.
If the PUD site plan approval involves a subdivision, then all conditions and time requirements as set forth in Chapter 334, Subdivision of Land, relating to requirements and dates for completing all approval contingencies shall be met. If the PUD site plan approval does not involve a subdivision, then all conditions and time requirements as set forth in this Zoning Chapter relating to requirements and dates for completing all approval contingencies shall be met.
