PDD Progressive Development Overlay District.

[Added 6-3-1999; amended 11-21-2002 by L.L. No. 6-2002; 7-17-2003; 2-18-2010 by L.L. No. 3-2010; 7-18-2013 by L.L. No. 4-2013; 8-15-2019 by L.L. No. 2-2019]A. Statement of purpose of district.(1) The purpose of the PDD Progressive Development Overlay District is to provide a means of developing those areas within the Town zoned HC High-Intensity Commercial District, OP Core Area North - Office Park, I-N Industrial District and MC Medium Intensity Commercial in an economical manner while encouraging utilization of innovative planning and design concepts. The PDD is intended to promote cooperative planning between the Town and property owners/developers.

The PDD does not increase the density for the underlying zoning district but allows flexibility in the placement of buildings, parking facilities, etc., to preserve green space, open space and promote beneficial development by giving the Planning Board authority to approve site plans applying standards and guidelines not otherwise allowable in the zoning district in which the parcel or group of parcels is located.(2) The PDD recognizes the need to modify dimensional standards within a parcel or group of parcels proposed for common, unified development, such as setbacks, lot width, lot area and buffers, in order to carry out the intent of the underlying zoning district and further recognizes that such development may occur in phases over a number of years.

Certain developments may require subdivision of parcels and separate ownership lots or tax account numbers within the overall development area to facilitate financing of development. The purpose of the PDD is to allow sufficient flexibility for such development without regard to underlying setback, lot width, lot area, and buffer requirements between separate parcels or ownership lots within the development area when the property is developed in accordance with a development plan reviewed by the Town Board.(3) In addition, PDD recognizes the growing need for a variety of housing and levels of care specifically and exclusively for senior citizens.

The intent and purpose is to encourage, where appropriate, senior housing within a PDD located in the HC District; to allow flexibility in the provision of senior housing with continuum levels of care specifically designed to satisfy senior citizens' economic, physical, psychological and social needs to the maximum extent practicable; to protect the character of the Town of Webster; and to preserve open space, the property values of the community, and the health, safety and general welfare of the public by ensuring that the location, nature, duration and intensity of said senior housing are as follows:(a) Will not affect adversely the orderly pattern of development in the district.(b) Will be in harmony with nearby uses.(c) Will not alter the essential character of the nearby neighborhood nor be detrimental to the residents thereof.(d) Will not create a hazard to the health and/or safety of the general welfare.(e) Will not be detrimental to the flow of traffic.(f) Will not place an excess burden on public improvements, facilities, services or utilities.B.

Minimum district area. The minimum area of a parcel or combination of parcels necessary to be considered for PDD designation shall be 10 acres.C. Permitted uses. Permitted uses in a PDD shall be the same as those allowed in the underlying zoning district. The provisions of this section shall not be deemed to authorize a change in the permissible uses of such land. The PDD shall be available in the HC High-Intensity Commercial, MC Medium-Intensity Commercial, OP Core Area North - Office Park and I-N Industrial Districts of the Town. In addition, senior housing is a permitted use within a PDD located in an HC District.D.

General design requirements. A development in the PDD shall meet all requirements for the underlying zoning district with the exception of the minimum required setbacks, lot width, lot area, and buffers within the development area.(1) The minimum district buffer area between any use within the PDD and an adjoining R-1 Single-Family Residential District, R-2 Single-Family Residential District, R-3 Single-Family Residential District, LL Large-Lot Single-Family Residential District, MHR Medium-High Residential District, and LMR Low-Medium Residential District shall be 100 feet.(2) The minimum district buffer area between any PDD use and an adjoining nonresidential zoning district shall be up to 75 feet upon a finding of the Town Board that buffering is desirable because of the variation and levels of intensity of use between the districts.(3) The minimum district buffer between any senior housing PDD use and an adjoining R-1 Single-Family Residential District, R-2 Single-Family Residential District, R-3 Single-Family Residential District, LL Large-Lot Single-Family Residential District, MHR Medium-High Residential District, and LMR Low-Medium Residential District shall be 50 feet for single-family detached dwellings, single-family semidetached dwellings, and townhouse buildings.

For all other senior housing units, the minimum buffer shall be 100 feet.(4) The minimum district buffer between any senior housing PDD use and an adjoining nonresidential zoning district shall be 100 feet.(5) A minimum ground area of not less than 33% of the total development area shall be landscaped and shall be preserved as green space and shall be the landscaped area required.(6) The arrangement and location of a landscaped area shall be dispersed through the development area to prevent unsightliness and to create breaks in paved parking areas.(7) Not less than 5% of the interior of a parking area designated for 250 or more cars shall be devoted to the required landscaped area.(8) The landscaping plan shall provide internal buffering for land areas within the district, and privacy and screening for neighboring land areas outside the district, and shall consider visual, noise and air quality factors.(9) Landscape treatments shall be designated as an integral part of the entire development.E.

General conditions. Development as a PDD shall require three steps:(1) Review and acceptance by the Town Board of a development plan or plans(2) Approval by the Town Board of the use of the overlay district on the development area pursuant to a favorable review in Subsection E(1) above, thus authorizing the Planning Board to proceed with site plan review pursuant to such development plan(s).(3) Site plan approval from the Planning Board for each phase of the development in accordance with such development plan(s).F. Procedures shall be as follows: approval of the use of the overlay district on the development area by the Town Board.(1) Application for the approval of the use of a POD overlay shall be made to the Town Board on forms adopted by the Town.(2) The applicant shall submit a preliminary development plan or plans at appropriate scale showing the following:(a) Boundaries of the proposed development area.(b) The traffic circulation features within the site, including the amount and location of access to automobile parking and terminal loading areas and any necessary traffic improvements.(c) The provision for pedestrian circulation and open and green spaces in the development.(d) The location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity, including bulk and height.(e) Permanent perimeter buffer areas to be maintained with respect to neighboring properties.(f) The application shall indicate the anticipated phasing of the development, including site improvements and reservations of open development and green spaces with respect to each phase of development.(g) The development plan(s) may contain alternative development options (e.g., alternative building configurations, alternative parking facilities, etc.) to be part of the development plan.(3) The Town Board shall hold a public hearing after proper public notice prior to approval of the use of the PDD overlay.

The Town Board shall make all determinations under the New York State Environmental Quality Review Act (SEQRA).(4) The Town Board may impose reasonable conditions on the approval of the PDD overlay and/or the acceptance of the development plan(s), including the establishment of any necessary improvement districts to insure compliance with the development plan. The Town Board may impose as conditions the reservation and maintenance of open and green spaces and infrastructure improvements tied to each anticipated phase of development.(5) The Town Board will review said plan and make a determination that the plan is designed to achieve the following objectives:(a) The plan is conceptually sound in that it meets a community need; and(b) The plan encourages sound development in the interest of the safety and the general welfare of the public; and(c) The plan shows a development pattern in harmony with this chapter and the Town Comprehensive Plan.(6) The Town Board's approval of the use of the overlay district and acceptance of the development plan shall constitute authorization to the Planning Board to conduct site plan review in accordance with such development plan(s) and the provisions of Chapter 269 of this Code.G.

Site plan approval of the PDD.(1) Site plan approval is required from the Planning Board for each phase of development in accordance with the development plan(s) and conditions accepted by the Town Board. Such phases may included a portion of the district.(2) The application for site plan approval shall include the data required by Chapter 269 and other data, agreements or information required by the Town Board in its approval of the PDD overlay. The Planning Board shall review such application for conformity with the development plans accepted by the Town Board and the requirements of Chapter 269 of this Code.(3) If the Planning Board determines that an improvement district is needed in order to satisfy the requirements of SEQRA and/or to protect the health/safety/general welfare of the residents of the Town of Webster, then the Planning Board shall recommend to the Town Board that such improvement district be established.

Final approval of the site plan cannot be given by the Planning Board until the Town Board has established such district.(4) Changes in the use, location, siting, height, width and length of structures may be authorized by the Planning Board without Town Board action:(a) If such changes arc in accordance with a development option accepted by the Town Board as part of the development plan; or(b) As long as the total changes do not exceed l 0% of the development plan accepted by the Town Board.(5) All conditions imposed by the Town Board in its approval of the use of the overlay district on the development area and all subsequent conditions imposed by the Planning Board during site plan review shall run with the land and shall not lapse or be waived because of ownership or tenancy changes in any or all of the designated development area.

The Town Board may require that the conditions imposed be incorporated into the declaration of covenants, easements and restrictions executed by the owners of record of all the parcels within the POD to be recorded in the Monroe County Clerk's office.(6) The Planning Board shall comply with the procedures and schedules set forth in Chapter 269, Article II, of this Code.(7) The conditions imposed with respect to a development plan may be amended, or the size of the development may be modified, by the Town Board in accordance with the procedures set forth above.[1]Editor's Note: Former § 225-21, L-I-N Light Industrial District, added 5-24-1979, was repealed 6-17-1993.