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Untitledx DUTCHM COUNTY DEPAR MENT OF PIANNING RECEIVED j U N 14 1978 ELAINE H. SNOWDEN To: Referral: Re: Tax Map Number: 6157-02-657991 647955 697940 715890 (Part) Town Board 78-107 Town of Wappinger Zoning Amendment In accordance with the provisions of General Municipal Law (Article 12B, Sections 239-1 and 239-m), the Dutchess County Department of Planning has reviewed subject referral with regard to pertinent inter -community and county wide considerations. Upon field investigation and analysis, this Department makes the following findings: General Information Subject application proposes a change in zoning from a lighway Business II Zone to a Shopping Center Zone. Properties affected by this change are listed above and are bounded on the west by Route 9 and on the south by Myers Corners Road. The parcels comprise approximately thirteen (13) acres of an undeveloped site with wooded areas. The principal impact of this amendment is that shopping centers would be allowed on the site. Other uses permitted in the Shopping Center Zone, but not in the Highway Business II Zone, are professional and business offices, hospitals, clinics, bowling alleys and theaters. In a separate action, it is proposed that the minimum lot area for shopping centers be reduced from thirty (30) acres to ten (10) acres. (See Zoning Referral 78-106 of this Department.) Analysis Future development of the northeast corner of the Route 9/Myers Corners Road intersection must be related to existing commercial zoning as well as the existing area shopping centers. Regional shopping centers along Route 9 are the Dutchess Mall, South Hills Mall, and the Poughkeepsie Plaza -Hudson Plaza complex. Regional shopping -1- Town Board -2- June 13, 1978 centers are generally defined as having one or more department store as the main tenant. Community shopping centers near Route 9 are found in Nine Mall, Imperial Plaza, and the Village of Fishkill. The zoning map of the Town of Wappinger established a large Shopping Center Zone on the east side of Route 9 between Myers Corners Road and Hopewell Junction Road. Subject proposal represents a northerly extension of this Shopping Center Zone. In view of the existing shopping centers in the area, increasing the extent of the zone would result in an overzoning for this type of center. In view of the existing shopping centers and current Town Zoning pattern, any change of commercial zoning should be related to pattern of zoning as a whole. A pattern should be created through which the different business zones complement each other and relate to the market demand and population projections. If the Town's intent is to encourage commercial development north of Myers Corners Road, several actions can be taken to maximize the development potential of the site. The Shopping Center Zone south of Myers Corners Road could be reduced in size or eliminated to encourage development closer to the existing centers. Developing closer to the existing center would permit a coherent pattern of development which should utilize a parallel connector road east of Route 9 to minimize traffic conflict. This service road could connect New Hackensack Road with Myers Corners Road. Recommendation In view of the above findings, the Dutchess County Department of Planning recommends that this zoning amendment be disapproved. At the present time, the area is overbuilt and overzoned for shopping centers. Commercial re- zoning should be completed as part of a comprehensive plan for the Route 9 corridor in view of the existing centers in the southwestern part of Dutchess County. This Department previously reviewed a rezoning proposal for the Village for the land east of the subject referral. A copy of this report is attached. The Dutchess County Department of Planning does not presume to base its decision on the legalities or illegalities of the facts or procedures enumerated in subject zoning action. Dated: June 13, 1978 Henry Heissenbuttel, Commissioner Dutchess County Department of Planning By Richard Birch, Senior Planner AT A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF WAPPINGER ON JUNE 15, 1978 WHEREAS a motion was made at a prior meeting of the Town Board of the Town of Wappinger that the attached amendment to the zoning ordinance be introduced and that a public hearing be held thereon, and WHEREAS pursuant to Section 239-m of the General Municipal Law, the proposed amendment to the zoning ordinance was referred to the Dutchess County Planning Department, and WHEREAS by letter dated the 13th day of June, 1978 the Dutchess County Planning Department has recommended disapproval of the amend- ment, and WHEREAS a motion has been made that the zoning ordinance be amended as provided in the text attached hereto, NOW, THEREFORE, BE IT RESOLVED that the zoning ordinance amend- ment as attached hereto be and is hereby adopted, and BE IT FURTHER RESOLVED that pursuant to the provision of General Municipal Law Section 239-m approval to the said amendment is approved for the folowing reasons: ONE: That the present provision of the zoning ordinance allowing shopping centers only on parcels of 30 or more acres is unduly restrictive, as it does not permit or allow construction of community or neighborhood shopping centers on smaller parcels of land suitable for such development. TWO: The economic and tax base of the town will be improved by providing for more flexible development of shopping centers. THREE: There is only one shopping center within the Town of Wappinger notwithstanding the presence of a significant population density. Need for more shopping centers exist. FOUR: The letter of the Dutchess County Planning Department recognizes the need for and desirability of community -type shopping centers. Its disapproval is premised upon an erroneous factual premise, namely that the economic base of the community could be eroded by additional shopping centers. Such fails to recognize that within the town of Wappinger there is only one shopping center and the same is a non -conforming use. FIVE: That notwithstanding the large suburban population of the town, inadequate provision has been made on the town zoning ordinance for multi -unit commercial development on a singel parcel of land. Supervisor Diehl The foregoing resolution was moved by�� and seconded by Councilman Johnson DATED: June 15, 1978 PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12590 TEL. 297-6257 June 6th, 1978 Town Board Members Town of Wappinger Town Hall - Mill Street Wappingers Falls, NY 12590 RE: Ordinance Amending SC Business Dear Board Members: Following review of your referral on the above -captioned subject at their June 5th, 1978 work session, the Planning Board of the Town of Wappinger objected to the blanket change of the acreage requirement from 30 acres to 10 acres for the following reasons. 1. The proposed acreage requirement would not be large enough to provide for internal road systems and would not encourage the construction of connector roads. 2. The setback requirements wouldn't allow for an esthetically pleasing effect. 3. it is felt that the smaller acreage requirement would lead to more problems with traffic flow. Members Present: George Brannen Victor L. Fanuele Donald J. Keller James Mills James V. porter Members Absent: Virginia Keeler Dr. Harvey Miller Very truly yours, (Mrs.) etty-Ann Russ, Secretary Town of Wappinger Planning Board br cc: Elaine H. Snowden, Town Clerk