[Amended 6-14-2005 by Ord. No. 2005-161]
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.
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.
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.
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:
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.
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:
(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)
(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.
Personal wireless telecommunication facilities in the PD District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.