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001 MAY.2+ 02 18:16 FROM:FP CLARK ASSOCIATES 9149676615 4! TO:914 297 4558 PAGE:12l2/13 FREDERICK P. CLARK ASSOCIATES,INC. Planning/Development/Environ menVTransportation Rye, New York and Fairfield, Connecticut ~':I \It 350 Theodore Fremd Avenue Rye. New York 10580 ttAl ",..I . David H. Stolman, AICP, PP Michael A. Galante Joanne P. Meder, Alep Daniel K. Wel}'. AICP (914) 967-6540 · FAX (914) 967-6615 , 'r,PERV,SOR'SOFFICE .. . '''.fl' ~'~DOf"'''-:"' David J. Portman. FA/ep Howard I. Reynolds. PE May 21, 2002 Supervisor Joseph Ruggiero Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappinger, New York 12590-0324 Dear Joe: As requested, attached for your review and consideration is a draft set of amendments to the Zoning Law that would: 1. Eliminate the "Density Unit" calculation. Dwelling units with fewer than three (3) bedrooms would no longer be counted as a fraction of a three bedroom dwelling unit, but as the full equivalent of a larger single-family detached dwelling unit. 2. Define and apply "Net Lot Area" to the RMF Districts. 100% of the areas of wetlands, tloodplains and slopes in excess of 25% would be deducted from the gross lot area. The maximum development density in the RMF Districts, (dwelling units per acre, maximum lot coverage and maximum floor area ratio) would be calculated using the Net Lot Area. The draft amendments will affect existing and proposed developments in the 9 RMF Districts (seven RMF-5s and two RMF-3). The vast majority of the 1,070 parcels in these districts are already developed with multi-family housing. There are 14 RMF-zoned parcels between 0.5 acres and 39 acres in area totaling approximately 85 acres that have not been developed for multi-family or mobile home uses. These are the properties that would be most affected by the draft amendments. The Zoning Law also includes provisions for Planned Residential Developments where the density unit calculations Connecticut (203) 255-3100 Hudson Valley (845) 297-6056 Long Island (516) 364-4544 emai\@fpclark.com www.fpclark.com .MAY-2~ 02 18:16 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 4558 PAGE:03"13 FREDERICK P. CLARK ASSOCIATES, INC. Plann I ng/Developmen t/Envi ronmentfTranspor tatlon Joseph Ruggiero, Supervisor Page 2 May 21,2002 would also count smaller dwelling units as fractions of a three bedroom dwelling unit. To our knowledge, no one has ever requested to apply the PRD provisions. The intent of the existing density unit provisions was to acknowledge the relative impacts associated with different size dwelling units (the per unit number of school children, vehicle trips, water consumption and sewage generation. etc.) and to eliminate the deterrent to the creation of such smaller dwelling units. The draft amendments would treat all dwelling units equally, regardless of their size or their impact. The net lot area definition would apply to the multi-family districts. The rationale behind the draft amendments is that the development potential of the property should be based upon its ability to accommodate development. Therefore, environmentally constrained and generally undevelopable lands would be deducted from the density calculations. In this manner, the calculation of the maximum development potential should more closely reflect the actual capacity of the land. There are a number of inherent policy decisions associated with the draft amendments. I recommend that we schedule a meeting to discuss them at your convenience. Sincerely, Daniel K. Wery, AICP Vice President/Planning cc: AI Roberts, Esq. Joseph E. Paggi, Jr., PE Attachments j :\docs2\SOO\wappin ger\zonearnendmenlS\nn rdensicyunilSnelloIDn::a. dkw .doc M~Y-2; 02 18:16 FROM:FP CL~RK ~SSOCI~TES 9149676615 TO:914 297 4558 P~GE:04/13 5/13/02 Proposed Zoning Amendments Density Unit and Net Lot Area Amendments [NOTE: Wording to be added is shown in d.OJ,.bJ-'..JI>>.~~rline. Wording to be deleted is shown in strikeout. A vertical line in the right margin identifies tbe location or any modifications to existing text.) The purpose of the following proposed amendments is to simplify the density calculations and to make the permitted development densities consistent with the carrying capacity of the lands. 1. fi 240-5. Definitions, of the Zoning Law would be revised to delete the definition of Density Unit and to add the definition orNet Lot Area as follows: DENSITY UNIT A mta&ur~~al to OR0, aH proportiORMe-GombiRati()fl adding to one, of the follo~NiBg: /<... One one family d~lliRg \lAit. B. One d,velling unit containing three or more be~&-ffi-a-p~ type of d\~.'cIliRg other than ORe family detached dwell iag \mits. C. ORe ami oRe-J:\alf dv.'clliRg uRits cORtaining two bedrooms each iR permitted dwolliRgs OtRCS: tR3A eRe family aetachcG dwclling YAits. D. Two dwelling \mits containing one bedroom each in permitted dwolliBgs ether mall ORG family deUlGhed dweJling units. E. TW9 stlldio or effici~lIing uRite iR pOt:~~.J4.i.r:lgs ether than one family detaGhed dwelling YBits. m!1" k.Q!..~B~A_1]le. grOSS ate.a. Q[a.1lt:O.DcrtY. ro.iJ.U!s...QJ\~~JJ,OOr-~ ~gnLQ.f-1b..~_tU'~~ ~t~etlands...lan.ds. witbin the 100-year .t1JWl!n.I.~n, 3.l1tj ar.e3S .o.f.s.teeD sloDes in excess_of 25% _when measur~(LQY~.1J~; !tl$lm1ce of fiftY.J:e_~.t. .-.-- .... .. -.. 2. fi 240-18.F Building Lots, of the Zoning Law would be amended as follows: F. Existing undersized lots. A lot, the area or dimensions of which are less than that required for the district in which it lies, may be deemed .MAY-2~ 02 18:17 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 4558 PAGE: 05/13 to qualify for the issuance of a building pennit. provided that all the following requirements are met (see also 9 240-38AB): 3. ~ 240-19.C(1) of the Zoning Law would be amended as follows: (e) The open space development provisions of this chapter do not result in there being any more deRsity !!wem~Aunits than would have been allowed under a conventional subdivision. 4. fi 240-38. Multifamily Residential District, of the Zoning Law would be amended as follows: In an RMF District, all multifamily uses shall be subject to site plan approval in accordance with Article IX of this chapter and the tbllowing special requirements: fJ.. _ N.eliat area. in the RME~~istricts. the l!.QJW1~,P-n.-~(!b.~Ul_a)CirnJ.!m Denplq~ nwnb~LoLclw.eJlinsumits. floor area rati~AR)' andJot coveral!e shalLbeJ)~~A.l:!P..q,n net lo.t3te.a... AB. Existing undersized lots. Section 240-18F, Existing undersized lots, does not apply to Multifamily Residence Districts. Re. Water and sewerage facilities. (1) Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers andlor water mains shall be connected to such existing facilities in the manner prescribed by regulation of the . appropriate sewer, water, fire district or other agency having jurisdiction. (2) Where connection to existing off-site water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed to serve all dwelling units in accordance with the standard.s and subject to the approval of the Dutchess County Department of Health and the appropriate state and federal agencies. . MRY-2t 02 18:17 FROM:FP CLRRK RSSOCIRTES 9149676615 TO:914 297 4558 PRGE:061'13 (3) Where future service by off-site water and/or sewage systems is planned, all on-site water and sewer facilities shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site system at such time as they are constructed. GO. Open space and recreation area. At least 50% of the gross area of the site shall be preserved as permanent open space, free of buildings and parking areas and shall be landscaped or left in its natural state in accordance with plans approved by the Planning Board. Within such common open space areas, a total of not less than 300 square feet per density fhy~unit shall be improved with common recreational facilities, such as swimming pools~ tennis, basketball, volleyball and shuffleboard courts, playground equipment, etc., for the use of the residents of the premises and their guests, which facilities shall not be operated for profi t. I)~. Required parking. Parking spaces shall be provided in number and design according to the provisions of Article X of this chapter. 5. ~ 240-39. Planned Unit Development District, of the Zoning Law would be amended as follows: D. Density or intensity of land use. The appropriate density or intensity of land use to be permitted in each Planned Unit Development District and in any section thereof shall be determined in each individual case by the Town Board and specified on the approved General Land Use and Development Plan for the pun as set forth in ~ 240-39H. Such determination ofland use intensity and of density shall be based upon the recommendation of the Town Planning Board as provided in ~ 240-39H(3) and upon a thorough documentation of the nature and potential site and community impact of the proposed development as required to be submitted by the applicant in accordance with the provisions of ~ 240-39H( 1). It is further intended that the permitted maximum intensity of nonresidential uses not exceed that which could be permitted in the corresponding conventional zoning use districts and that the maximum gross residential density for the residential or residentially related portion of any planned unit development not exceed that which could be permitted in an R-20 District-~aGCorQaRco with tAe density \lRit fomll:11a, Q€ set fQrtA iA ~ 240 S. . MAY-~l 02 18:18 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 4558 PAGE: 07/13 H. (1) (a) [7] A numerical analysis of the development proposal including the total number of dwelling units and donsity uait&-proposed for inclusion within the development and the proposed breakdown of these units according to size and type, the total amount of floor area to be devoted to each type of nonresidential use, the approximate extent of building and paved area coverage in each section, and an analysis of the development proposal in relation to the maximum permitted dcmsity CQ,umber of=dwelling and density units~ as set forth in ~ 240-390, Density or intensity of land use. 6. ~ 240-50. Designed residential development, of the Zoning Law would be amended as follows: D. Development standards and controls. All improvements within designed residential developments shall be required to comply with the following specitied standards and controls in lieu of those comparable requirements for other residential developments which are specified elsewhere in this chapter and in the Land Subdivision Regulations: (1) DtwelGpmeRt density. Because 9fthe f3ct that tFaffiG gooeratioA, water supply, se'JJage disposal and other types of demands ,laCe"p9R G9RUR\lRity resoW'GU and facilities are related mGl'e t9 luunbers 9f paop)c tAM R\U1~9ef~ units and since popwlation varies for different sizes aRd types 9f residential dwelling units, the density \:Jail., as defined in ~ 240 5 her0in, r3tger than Ute dwelling WAit, is hereby mHlished as the hasic mea8lK'e sf development density withiR QesigR~8iQGntial EhwelepmeRts.Dwelline: Unit T~ mMlPensit,y. (a) Density formula. The maximum permitted number of deflsity dw_eJlinJt.units in a designed residential development shall be determined by dividing the total land area by the nonnally required minimum lot size for the zoning district in which it is located and subtracting 20%. (b) Number of bedrooms. The Planning Board shall be responsible for determining the number of bedrooms in each MAY-21 02 18:18 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 4558 PAGE: 08"13 dwelling unit in connection with its review of site plans in accordance with Article IX of this chapter. (c) Dwelling unit mix. For the purpose of assuring that designed residential developments will broaden the range of available housing types within the town, not more than 25% of the permitted dmsi~ d...welliDK. units within any such development shall be composed of detached one-family dwellings. E.(l)(a)[S] A numerical analysis of the development proposal including the total gross acreage and the approximate acreage to be occupied by each type of permitted use, the total nwnber of dwelling units and OOasity \:lRits proposed for inclusion within the development and the proposed breakdown ofthese units according to size and type. The analysis shall include the total floor area devoted to each type of nonresidential use and the extent of paved area and building coverage. E.(3) Amendments. The Town Board, after public hearing with the same notice and referrals as required for the original public hearing and approval, may consider and act upon an application to amend the design concept shown on the General Land Use and Development Plan for a previously approved designed residential development or upon an application to change or enlarge the limits of such development to include contiguous acreage subsequently acquired by the applicant. However, no public hearing shall be required where a proposed change or enlargement does not result in any significant modification to the design concept shown on the approved General Land Use and Development Plan or where less than a five-percent increase in the number of initially approved ~units is involved, provided that all density and other requirements of this chapter are complied with and such modification does not affect the findings of the Town Board with respect to the Town and State Environmental Quality Review Laws. MAY-21 a2 18:18 FROM:FP CLARK ASSOCIATES 9149676615 TQ:914 297 4558 7. The Town of Wappinger Zoning Law, Schedule of Dimensional Regulations - Residential Districts, shall be amended as shown in the attached schedule: See attached schedule ..... j:\docs2"OO\wl1ppingeNone 4JTu:ndmcnts\dcmdty units &. net lot area.pzr.dkw.doc PAGE:ag"13 MAY-21 02 18:18 FROM:FP CLARK ASSOCIATES 9149676615 . TO:914 297 4558 PAGE: 10/13 6. g 240-25. Multifamily and nonresidential uses, of the Zoning Law would be amended as follows: (necessary?, limit to RMF, apply to all res an DOD-res, including trailer, etc. ??] A. Landscaping of unused areas. All portions ofmultifamily and nonresidential properties which are not used for locations tor buildings, structures, off-street parking and loading areas, sidewalks or similar purposes shall be landscaped and permanently maintained in such manner as to minimize erosion and stormwater runoff and hannoniously blend such uses with the residential character of the town as a whole. B. Buffer requirements. In connection with the review of any site development plan or special permit application tor multifamily and nonresidential use abutting or directly across a local street from any. property in a residence district, a buffer strip shall be required along all such property lines. Such buffer strip shall comply with at least the following minimum standards: (l) It shall be of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity of the lot from the neighboring residential area. NonevergClen planting may be included to supplement evergreen planting, but not to take its place. (2) It shaH be at least 20 feet in width. (3) A wall or fence of location, height, design and materials approved by the Planning Board may be substituted for part or all of the required planting and butler area. (4) Where the existing topography andlor landscaping provides adequate screening, the Planning Board may modify the planting andlor buffer:area requirements. C. Maintenance. All plantings shown on an approved site development plan or special permit plan '~hall be maintained in a vigorous growing condition throughout the duration of use and plants not so MAY-~l 02 18:19 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 4558 PAGE: 11/13 maintained shall be replaced with new plants at the beginning of the next immediately following growing season. D. Outdoor storage. The outdoor storage shall be suitably screened from all adjoining streets and properties in accordance with a plan approved by the Planning Board. ApplicablelRelevant Sections of the 1988 Comprehensive Plan: Goals: "7. Encourage the provision ofa range of housing types an styles to meet a wide variety of housing needs. Obiectives: . Include a variety of housing types in large, new developments. . Encourage a sufficient supply of homes in suitable environments within economic reach of all town residents. . Ensure that housing densities reflect required services and amenities." Recommended Land Use Plan - Hi~h Densitv Residential: (page 18) "The high-density category includes areas currently devoted to multi-family apartmentl\ and condominiums, Its purpose is to allow for continued lIse of existing high density attached housing. Multi-family housing is not recommended for any undeveloped areas except as one means of providing affordable hosing, as discussed below in the section entitled Affordable Housing Mechanisms." The proposed amendments will affect _ vacant properties zoned RMF. These properties are/are not recommended for high-density residential development in the 1988 Comprehensive Plan. The effect of the proposed amendments will be to reduce the nominal maximum development potential to a figure which more realistically approximates the number the property can accommodate based on environmental constraints and the application of specific dimensional and other design constraints. Schedule of Dimensional Regulations - Residential Districts TOWD of Wappinger 3: D -< I .IU ...... CSl IU District R-8D Jt.-'Of8Ij R-40 R-1.014O' R-lAI R-15 R-IO R-2F IlMF.J IUfF-S Minimum 101 II11:II (sq~ ~ unless 80,000 - 40,000 - 20,000 15,000 10,000 15,000 - - nolUl) Wilh public \YB!I:r IIld seweI - 40,000 - 20,000 - - - - 5 arns 5a:acs With public \YilItr or SI:\'~ - 611,000 - 311,000 - - - - 15 am:s 10 &:reS Widlolll public water iIIId sewCl - 80,000 - 40,000 - - - - IS acres 10 &ae5 Minimum 101 wiltth (fceI) 200 See NOlie I JlS See Nolie 100 is 60 85 100 100 I t\fmimlDn 10\ deptIl (feel) lDO S::.: Nott 1 12S Sa: Nott 125 100 80 100 ISO ISO I Minimum lot lionlllge (feel) SO SO so SO SO 50 SO SO SO SO MmWnum ~ ~1IIIi1s pel - - - - - - - - 3 5 auc _Clt~o.1..!!1g Minimum liolII yard (fllCf) Iiwo: COllllty/st&k highway 75 15 15 75 75 75 75 75 75 75 ~nlU Iw of other Slretl 75 75 75 7S 6{) 60 SO 60 7S 75 frOnl Jot line of other JIIU1 50 50 SO 50 35 ]S 25 3S SO 50 l\flninuun iidc yanl (fed) 40 40 2S 25 20 15 12 IS SO 2S AocmoJy buildilll <IS fcc:a hish 10 10 10 10 10 5 S 5 10 10 C1d <UlD squan: ftd Minimmn rear)'8!d (fi:ct) SO SO SO SO 40 30 25 30 SO SO AcccI$ory buildin& < I S fCcC hif1I 10 10 10 10 10 5 5 S 10 10 and <200 square fi:ct Mainuun "Building Height" 1_5135 2.51JS 1.51J5 H135 15m 2.5135 H/35 2.5I.l5 31JS 3/35 (JIDri~fea) Maximum 101 (lOve:,. (percenl) 10'"4 10% 11% 12% 15% 20",," 25% 20"-" 30~ 45~ Maxirnwn Boor area l'IIio 0.1 0.1 0.12 0.12 0.15 OJ 0.25 OJ O..3! 0.4" ...... lD ...... I.D -... ;;0 ~ -... lJ n r D ;;0 ^ D U) U) o n H D --t rn U) I.D ...... .A I.D (J) ...... (J) (J) ...... Ul NOll:: 'The pUlJlOSt oflflesc dis1ricts is co allow lhe devclopmc:nJ 81 II higher density 'm:n public (or common) se"<:r and/or WAfa supply is used. ~ foUol\'ing 10\ \l,idth5 and yanl requirements IJ1: n:qui~: --t o I.D ...... A IU I.D ..... .A Ul Ul lD MinimQm Lof Aru l\finimam Lot Widtb 1tlinimam Lot Depth I\llnimllID Fronf Yard Minimum Sid~ }'an! Minimum Ihu Yard (5quare r~r, (flldJ (rret) (wI) (reel) (ree.t) 80,000 200 200 SO 40 50 6Q,000 ISO ISO SO 30 50 ~,OOO 125 125 SO 25 50 30,000 liS 125 40 20 45 20,000 100 125 3S 20 40 lJ D G) rn ~oJlNeILOI~ ...... IU " .... W ;' . ~AY-~l 02 18:20 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 4558 PAGE: 13,113 .. -8 :e ':i o g .~ ~ ] .a .~ .. '3 "S ii ~ "3 :IJJ R .ij fi ~ ~ J .... ;r ~ c:> ~ -8 -- ,.,.