§ 331-80. PUD-AH Planned Unit Development - Affordable Housing Floating Zone.

See § 331-28D(3).

A. 

Purpose. In recognition that the City has a high proportion of senior citizens and low- and moderate-income families and, given present economic conditions, limited or fixed incomes, physical restrictions, and the rapidly accelerating costs of maintaining a single-family residence, and the need for affordable housing, the City Council deems it necessary to provide for such housing within the City.

B. 

Eligibility. The Planned Unit Development Affordable Housing Floating Zone (PUD-AH) District is hereby established as a floating zone with potential applicability to any property which meets the following eligibility requirements:

(1) 

The underlying parcel is located within the RMF-0.4 Residential Zoning District or higher density residential or nonresidential zones.

(2) 

The parcel is within an urban renewal area as designated by the City Council.

Editor's Note: Former Subsection B(3), requiring a parcel of at least three contiguous acres, was repealed 7-16-2002 by Ord. No. 139-2002.

C. 

Boundary. The boundaries of each PUD-AH District shall be fixed by amendment to the official City Zoning Map as authorized by the City Council, wherever this district is applied. A metes and bounds description of each such district shall be kept on file in the Office of the City Clerk.

D. 

Although it is anticipated that PUD-AH rezoning applications will be submitted on a voluntary basis by applicants, the City Council may, in addition to considering these applications, on its own motion rezone property to a PUD-AH District.

E. 

PUD-AH District use and bulk standards.

(1) 

Permitted principal uses:

[Amended 2-15-2005 by Ord. No. 30-2005]

(a) 

One-family dwellings and attached dwelling units.

[Amended 11-21-2006 by Ord. No. 257-2006]

(b) 

Two-family dwelling units.

[Amended 11-21-2006 by Ord. No. 257-2006]

(c) 

Multifamily dwelling units.

(d) 

Medical support facilities, located wholly within a multifamily senior citizen building.

(2) 

Permitted accessory uses:

(a) 

Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which it is located.

(b) 

Outdoor recreational facilities.

(c) 

Indoor recreational facilities.

(3) 

Maximum height requirements:

[Amended 2-15-2005 by Ord. No. 30-2005]

(a) 

One-family townhome residence height requirement. The maximum building height for one-family dwelling and attached dwelling units shall be no more than 3 1/2 stories rising no more than 35 feet.

(b) 

Two-family residence height requirement. The maximum building height for two-family dwellings shall be no more than 3 1/2 stories rising no more than 35 feet.

(c) 

Senior citizen residence height requirement. The maximum building height for multifamily dwellings for senior citizens shall not exceed 70 feet in height from the average finished grade.

(d) 

The maximum height for non-senior-citizen multifamily dwellings shall be no more than 4 1/2 stories.

(4) 

Minimum yard setbacks. With regard to the minimum yard setback standards required for the PUD-AH Floating Zone, each applicant for development within an approved site which has met the aforementioned eligibility requirements will be required to submit an application to the Planning Board for site plan and/or subdivision review. The minimum standards will be established by the Planning Board, upon recommendation of the Commissioner of Development, at the time of such review.

[Amended 7-16-2002 by Ord. No. 139-2002]

(5) 

Density. Maximum density shall be 55 dwelling units per acre, provided that the development is planned as a planned unit development, allowing for recreation for senior housing on site, and for parking, buffering and open space on site.

[Amended 7-16-2002 by Ord. No. 139-2002]

(6) 

Occupancy restrictions. The PUD-AH Floating Zone shall be limited to occupancy of Affordable Housing, for income eligible persons or families according to federal income guidelines set forth by the U.S. Department of Housing and Urban Development (HUD) or any other requirements under the financing for the project (when the project is financed using government funding), as well any additional requirements set forth in a land disposition agreement (LDA) or contract of sale.

[Amended 7-16-2002 by Ord. No. 139-2002]

F. 

Review process. Application for development approval within a PUD-AH District shall follow a two-phase review process:

(1) 

Application for change of zone and approval before the City Council; and

(2) 

Application for site plan and/or subdivision approval by the Planning Board within the approved PUD-AH District.

G. 

Application process.

(1) 

Minimum project size, parking, frontages and maximum density and building heights are specified within this chapter. In reviewing any application for a PUD-AH zone development, the Planning Board shall be guided by standards set forth in these regulations and comparable uses and good planning practice to ensure that the resulting development shall be compatible with the surroundings and assure the stability of the uses proposed to be developed for the site.

[Amended 7-16-2002 by Ord. No. 139-2002]

(2) 

Prior to proceeding with any application for the establishment of a PUD-AH District, the applicant shall first submit an application to the Commissioner of Development, along with the following support materials for the Commissioner's recommendation to the City Council:

(a) 

A determination of the need to create new housing opportunities and types that will provide rental and home ownership opportunities to City residents of all ages for the development of affordable housing that is compatible with existing development and the character of the surrounding neighborhood, including the appropriateness of the subject site and utilization of the PUD-AH District to accomplish same.

(b) 

A written statement describing the basic concept of the proposed plan, the general reasons why the applicant believes that approval of its application would further the legislative intent, purposes and goals of PUD-AH zoning, including flexibility in design and layout, and any other supporting rationale.

(c) 

An outline map of the proposed PUD-AH District, indicating the current zoning, size and location of each parcel.

(d) 

A location map of the site in relation to the surrounding area showing all roads and key development features, including significant neighboring land uses and existing zoning district boundaries.

(e) 

An analysis of the estimated development potential (yield) based upon existing zoning compared with that of the proposed PUD-AH District.

(f) 

Lot sizes and dimensions, as well as structures, heights and locations for any PUD-AH Zone development arranged in conformity with the overall density standards listed within this chapter.

(g) 

A conceptual sketch plan map indicating the approximate quantity, nature and location of proposed land uses; the proposed open space system and its relationship to neighboring open spaces; the proposed principal means of access to the site and major elements of the site circulation system; the existing and proposed availability of mass transportation services, water supply and wastewater disposal.

(h) 

Topography, showing existing contours and elevations at two-foot intervals. The plan shall further indicate the certification by a licensed land surveyor or professional engineer or registered architect that the topography shown resulted from an actual survey prepared by a NYS licensed surveyor and the date of that survey.

(i) 

Street and road alignment, and the layout of proposed parking areas.

(j) 

Topographic elevation of proposed buildings.

(k) 

Draft declaration indicating use of the property for affordable housing

(3) 

The City Council shall refer all applications for PUD-AH zoning designation to the Planning Board for review and report.

(4) 

If the rezoning request is approved by the City Council, site plans and/or subdivisions shall be submitted to the Planning Board. Such plans shall be approved by the Planning Board in accordance with the Zoning Ordinance, prior to issuance of a building permit.

H. 

Supplemental development standards.

(1) 

An area or areas for recreational purposes shall be provided for senior citizen housing and shall be set aside exclusively for the use of occupants and their guests. These areas may include, but are not limited to community room(s), sitting areas and group game areas, active and passive recreation areas, tot lots, and community gardens on individual plots. Such areas shall be shown on the site plan and/or within the proposed buildings.

[Amended 7-16-2002 by Ord. No. 139-2002]

(2) 

Adequate facilities shall be provided for the removal of snow, trash and garbage and for the general maintenance of the development. When the method of disposing of trash and other solid wastes is by means of industrial-type receptacles (dumpsters), all such receptacles shall be located on permanent masonry platforms that shall be well distributed to serve the development. All receptacles shall be suitably enclosed on three sides by opaque screening or other treatment to be approved by the Planning Board in its site plan review.

(3) 

Artificial lighting of the grounds shall provide illumination sufficient for the convenience and safety of all residents. No outdoor light source shall be more than 15 feet above the ground level underneath it.

[Amended 7-16-2002 by Ord. No. 139-2002]

(4) 

The determination of appropriate screening, buffers and fencing in accordance with the Zoning Chapter shall be made by the Planning Board in its site plan review, based on the characteristics of the site and the nature of the adjacent lands.

(5) 

Parking areas shall be paved in accordance with the Zoning Chapter regulations. Sidewalks shall be provided along all internal and external street frontages. Internal roadways shall have a minimum width which is in accordance with the City's standards.

(6) 

The City Council shall have the right to require that the applicant or owner execute such agreements and covenants as it may deem to be required. Said agreements or covenants shall be recorded in the County Clerk's office and constitute a covenant running with the land. Such covenant or agreement may be modified or released only as set forth in said covenant or agreement or by the City Council. At a minimum a declaration of restrictive covenants for Affordable Housing shall be required to be recorded against the property.