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2011-11-18 , t , Town of CPougliksepsie SUSAN J. MILLER ,ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OF TOWN CLERK PHONE: (845) 485-3620 FAX: (845)485-8583 November 18th, 2011 Dutchess County Dept. of Planning Dutchess County Legislature Ulster County Legislature NYS Dept. of Transportation Town Planning Department Town Planning Board (Via E-Mail) Town Zoning Department Town Zoning Board (Via E-Mail) NYS Environmental Conservation NYS of Environmental- New Paltz Town Clerk, Town of Pleasant Valley City Clerk, Poughkeepsie, New York Town Clerk, Town of Lagrange Town: Clerk, Town of Hyde Park Town Clerk, Town of Wappinger Town Clerk, Village ofWappingers Falls Town Clerk, Town of Marlborough Town Clerk, Town of Lloyd ~~(c~~W~[Q) NO\/, 2 2 2011 TOWN OF WAPPINGER TOWN CLERK NOTICE IS HEREBY GIVEN, pursuant to Section 239 of the General Municipal Law, that the Town Board, Town of Poughkeepsie does hereby set a public hearing on Wednesday, December 14,2011 at 7:00 p.m. regarding: Amendment to Chapter 210-27, "MacDonnell Heights Center District", Please fmd copies of Resolution 11: 16- #8 of 20 II and also the Public Hearing notice for your review and recommendation. Sincerely, ~ 9J,.~ Felicia Salvatore Deputy Town Clerk Town of Poughkeepsie ~ RESOLUTION 11:16 - #-L of 2011 Town of Poughkeepsie Town Board Amendment to Chapter 210-27, "MacDonnell Heights Center District" WHEREAS, the Town Board has received a communication from the Director of Municipal Development recommending amendment of Chapter 210-27 of the Zoning Law in regard to the MacDonnell Heights Center (MHC) District regulations; and WHEREAS, the proposed amendments are attached hereto and incorporated herein and the Town Board does hereby waive a verbatim reading of said amendments and does direct that said amendments be spread across the record as if they, in fact, had been read verbatim; and WHEREAS, the amendments would clarify the permitted residential and non-residential development densities in the MHC District; and WHEREAS, the action to amend the Zoning Law is an Unlisted Action under the New York State Environmental Quality Review Act; and WHEREAS, the Town Board has determined that the proposed amendment must be referred to the Dutchess County Department of Planning and Economic Development and to the Town Planning Board for review and recommendation; and WHEREAS, the amendment of Chapter 210-20 requires a public hearing. NOW, THEREFORE BE IT RESOLVED THAT: 1. The Town Board hereby states that because only the Town Board can consider and adopt changes to the Town Code that it is the only involved agency, and the Board hereby declares that it is the Lead Agency for purposes of coordinating the environmental review of this matter pursuant to Article 8 of the Environmental Conservation Law; and 2. The Town Board hereby sets a public hearing on the proposed amendments to Chapter 210- 27 of the Town Code for December 14, 2011, at 7:00 PM, or as soon thereafter as the matter may come to be heard, in the Town Hall, One Overocker Road, Poughkeepsie, New York; and 3. The Town Board refers this matter to the Dutchess County Department of Planning and Economic Development for a recommendation pursuant to GML 239-m; and 4. The Town Board refers this matter to the Planning Board for an advisory report pursuant to Town Code Sections 210-154. 5. The Town Board directs the Town Clerk to notify the Town Clerks of the surrounding Towns, the Chamberlain of the City of Poughkeepsie, and the Clerk of the Village of Wappinger Falls of the public hearing pursuant to GML 239-nn. Dated: ~}-fIY'ftQ_rPJ\) 1 GJ) Me> ,I I Moved By: J0iC~A1j\J) ~ ..tC,~J{) Seconded By: . i2tv ~ 1,-e\l1hrVJW Ayes t Nays 0 NW /meh Attachment t-l1/10/2011 m-ll/16/2011 G:\mllegaJ\r\20 II \nov\nov 16\MHC District amendment resolution 11161 Ldoc AYE NAY Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers 2 MacDonnell Heights Center (MHC) District BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows: 1. Article V of Chapter 210-27 of the Town of Poughkeepsie Zoning Code entitled "MacDonnell Heights Center (MHC) District" is hereby amended as follows: fi 210-27. MacDonnell Heights Center (MHC) District. A) District Purpose. This district defines the emerging mixed use center along State Route 44 at an4--across from the former Frank Brothers Farm property. In addition, thiseee districts serve~ the following specific purposes: 1) Promote a mix of business, commercial, and residential uses in single.story and multi- story buildings designed as an integrated community along the southeastern side opanning both sideD of Route 44. 2) Promote pedestrian activity through a safe and walkable environment, encourage a park once and walk around core and establish connections to adjacent residential neighborhoods. 3) Minimize the visual impact of the automobile by managing the placement and screeningllandscaping of parking areas. 4) Create an interconnected street system for both pedestrian and vehicular traffic. 5) Encourage the development of both on-street parking and shared parking areas between nearby uses. 6) Promote a sufficient critical mass of employees, shoppers and residents within in close proximity to a commercial and mixed-use core which encourages people to park once and walk because walking becomes more convenient than driving for short trips within the core. 7) Promote a retail shopping and business environment that is not strip.retail oriented, where shoppers park once and walk between adjoining commercial uses where the buildings are primarily connected to each other or use zero lot lines. 8) Provide public gathering spaces such as central greens and centerpiece buildings. 9) Provide for a variety of housing options within walkable proximity to the commercial core including single-family, two-family homes, and multi-family units. 10) Preserve, enhance and incorporate natural and historic features in order to enhance a sense of place, greenway connections and natural edge conditions. B) Permitted uses. Permitted uses shall be as follows (Note: n*n designates a use which is subject to site plan approval by the Planning Board: 1) * Adaptive reuse of existing residential structure for non-residential use. 2) *Bank and financial services. 3) *Bakery. 4) *Bar, provided that food sales account for not less than 25% of gross sales and hours of operation shall be limited to 11:00 am to 11:00 pm. 5) *Boutiques with or without goods processed or assembled on site, subject to fi210-57. Draft November 10, 2011 6) *Business park, subject to 9210-60. 7) * Clinics. 8) *Delicatessen. 9) *Dwelling, single family. 10) *Dwelling, two-family. 11) *Health club. 12) *Inn, subject to 9210-77. 13) *Library, community center. 14) *Laundry, dry cleaner. 15) *Office. 16) *Personal service business, no drive-in or drive-thru. 17) *Retail business, no drive-in or drive-thru. 18) *Restaurants, no drive-in or drive-thru. 19) *Service business, no drive-in or drive-thru. 20) *Supermarket. 21) *Theater. 22) *Veterinarian, no kennel, no crematorium. C) Special permitted uses. Special permitted uses shall be as follows (Note: n*n designates a use which is also subject to site plan approval by the Planning Board: 1) *Bed-and-breakfast, subject to 9210-55. 2) *Commercial garage. 3) *Commercial recreation, indoor only. 4) *Day-care center, subject to 9210-65. 5) *Home occupations, subject to 9210-74. 6) *Motor vehicle accessory sales. 7) *Multi-family dwellings, and mixed residential and non-residential uses within multi- story structures as part of a unified development on a single lot. 8) *Nursery school, subject to 9210-65. 9) *Outdoor restaurant dining area. D) Accessory uses shall be as follows: 1) * Accessory buildings and structures, subject to 9210-48. 2) *Clubhouse as part of a common use area for a residential project. 3) *Swimming pool (private), subject to 9210-107. 4) *Temporary buildings for construction purposes, subject to 9210-109. E) The area and bulk regulations for a detached single family unit in the MHC District shall be as follows: Draft November 10, 2011 Minimum Lot Area (sq. ft.) Minimum Minimum Minimum Side and Usable Open Frontage (ft.) Front Yard Rear Yard (ft.) Space Set- (ft.) Aside (sq. ft.). Maximum Lot Coverage (%) Maximum Impervious Surface (%) Maximum Height (ft.) 4,000 40 15 6 feet side 20 feet rear 1,000 per unit 45% 68% 28 feet or 2 stories . Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small edestrian lazas with amenities such as benches landsca in and natural walkin trails. F) The area and bulk regulations for attached residential units in the MHC District shall be as follows: Minimum Lot Minimum Minimum Minimum Side Usable Open Maximum Lot Maximum Maximum Height Area (acres) Frontage (ft.) Front Yard and Rear Yard Space Set- Coverage (%) Impervious (ft.) (ft.) (ft.) Aside (sq. ft.) · Surface b (%) 8 70 25 15 1,000 per unit 70% 80% 50 feet or 3-112 stories . Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small edestrian lazas with amenities such as benches landsca in and natural walkin trails. G) The area and bulk regulations for non-residential or mixed residentiallnon-residential use structures as attached units in the MHC District shall be as follows: Minimum Lot Area (sq. ft.) Minimum Frontage (ft.) Minimum Minimum Side Usable Open Maximum Lot Front Yard and Rear Yard Space Set- Coverage (%) (ft.) (ft.) Aside (sq. ft.) · Maximum Impervious Surface b (%) Maximum Height (ft.) 1,600 22 10 o 95% 100% 50 feet or 4 stories 500 per 1,600 sq. ft. oflot area . Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small edestrian lazas with amenities such as benches landsca in and natural walkin trails. b Lot coverage % vs. impervious coverage % is designed to encourage parking within attached residential structures to minimize ade ( ound) arkin. H) The area and bulk regulations for non-residential or mixed residentiallnon-residential use structures as detached units in the MHC District shall be as follows: Minimum Lot Area (sq. ft.) Minimum Side Usable Open Maximum Lot and Rear Yard Space Set. Coverage (%) (ft.) Aside (sq. ft.). 10 feet side 500 per 5,000 25 feet rear sq. ft. oflot area . Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small edestrian lazas with amenities such as benches landsca in and natural walkin trails. b Lot coverage percentage vs. impervious coverage percentage is designed to encourage parking within attached residential structures to minimize ade ( ound) arkin . Minimum Frontage (ft.) Minimum Front Yard (ft.) Maximum Impervious Surface (%) b Maximum Height (ft.) 5,000 30 10 65% 80% 50 feet or 3-1/2 stories 1) With the exception of a supermarket/2Tocerv store GQn a lot no single retail use shall occupy ground floor space in excess of 35,000 square feet. A supermarket/grocerv store may OCCUpy ground floor space not to exceed 65.000 square feet. 2) The continuous ground level frontage of a single commercial use building in excess of 60 feet in length along any frontage exposed to a street, public space or parking area and Draft November 10, 2011 ground level commercial uses larger than 15,000 square feet shall be contained in a mixed -use structure or be architecturally designed to appear as a streetscape composed of a variety of small buildings that helps to further prevent the visual dominance or appearance of a single, large commercial use. 3) Maximum residential dwelling unit density. Within the MHC District residential density shall not exceed foureHf (~ dwelling units per acre. Notwithstanding, residential dwelling units located immediately above a ground floor or second floor non- residential use shall not be counted against the maximum residential dwelling unit density provided the building meets applicable coverage and open space requirements, sufficient parking for the residential uses is provided, and open space is set aside for the dwelling units as provided herein. In approving the maximum allowable density the Planning Board mav condition the approval of anv development plan on an agreement between the applicant and the Town in which the maximum residential density as agreed to between the applicant and the Town shall not be exceeded. 4) Maximum retail use density. Within the MHC District the total gross square footage of building space devoted to retail uses shall not exceed seventy-five (75%) of the total gross square footage of all non-residential commercial buildinE! space. Within the MHC District not less than twenty-five (25%) percent of the gross square footage of all commcl:'cial non-residential space shall be non-retail uses such as offices, restaurants, civic uses, etc. The Planning Board shall ensure that compliance with this provision is maintained by requiring the reduction or elimination of proposed retail space where the maximum gross square footage of retail space would exceed seventy-five (75%) percent. Nothing herein shall be construed to prevent the development of a greater amount of non-retail commercial space than the minimum of twenty-five (25%) percent. In approving the maximum allowable percentage of retail space the PlanninE! Board may condition the approval of anv development plan on an acreement between the applicant and the Town in which the maximum allowable percentaE!e of retail as agreed to between the applicant and the Town shall not be exceeded. 5) The development of mixed residential and non-residential uses is required for each application. The Planning Board shall reject any application that does not include non- residential uses providing services to center district and community residents. For any application no less than twenty (20%) percent of the total gross square footage of all structures shall be reserved for non-residential business and institutional uses. The Zoning Board of Appeals shall have no authority to grant a variance from this requirement. 6) Location of open space. The open space set-aside is intended to be located in one or more designated areas for the use of MHC residents and/or the general public, the intention being that the open space that is set-aside be aggregated as a large parcel(s) and not be disbursed into small, less usable spaces. 7) Ingress and egress. Locations for ingress and egress to a lot shall be approved by the Planning Board and shall be so arranged as to connect with existing state, county or Town highways, or to a proposed Town highway that has been approved by the Town Board. S) Unless approved by the Planning Board, parking shall be located to the side or to the rear of principal structures. I) Design standards: The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the MH C District. The Planning Board shall use its discretion as to the applicability of these guidelines an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein. Draft November 10, 2011 1) The use of Traditional Neighborhood Development design is required. A mix of commercial uses and/or residential and commercial uses in all development projects is required. Further, the Planning Board shall require that a development be phased to ensure the required mix of uses is implemented. 2) New or in-fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape. 3) Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross easements for use and ingress and egress to shared parking facilities are filed with the county clerk as part of development plan approval. Where appropriate the Planning Board may allow on"street parking provided the street width is adequate to safely accommodate on-street parking. Service alleys should access practicable, off-street parking spaces for residential uses. 4) The incorporation of small, landscaped, front yards is encouraged with any new residential or commercial use (if building is not built to the sidewalk edge). 5) The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged. 6) Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use. 7) Setbacks and landscaping for non -residential and mixed use developments shall be subject to the requirements of ~210"152W(2) of this Chapter. 8) The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows. 9) The utilization of ribbon or continuous strip glazing in any building facade should be avoided. 10) Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and far;ade variations and other architectural features can disguise the flatness of the roof. Pitched roofs shall be used on buildings in lieu of flat roofs to the extent feasible. If pitched roofs are not feasible or practical in a given situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., entry way or tower element to break the horizontal far;ade. 11) Any large building faryade and the sides visible from the transportation corridor should incorporate changes in plane and architectural features that give the appearance of several common-wall buildings. 12) All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, . either initially or at the time major improvements or upgrades are made to the street or the particular service. 13) Sidewalks of not less than five (5) feet in width shall be provided along any street and shall, where practicable, link with existing and future potential sidewalks and pedestrian pathways. The sidewalks shall be separated from the street by a tree lawn at least five (5) feet wide. In approving sidewalks the Planning Board shall ensure that a recorded instrument sets forth the responsibility of the applicant and the future owners of the lots for maintenance and repair of the new sidewalks and landscaping. Alternatively the Planning Board may request that the Town Board establish a special district for the Draft November 10,2011 purpose of sidewalk and landscaping maintenance and repair. 14) The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use. 15) Where practicable, service alleys for deliveries and utility access should be established along rear property lines. 16) Drive-thru facilities should be located at the side or rear of buildings and landscaping should be used to reduce the visibility of such facilities. 17) Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-thru facilities. 18) Cross"easements should be used to provide shared access to parking and driveways whenever possible. 19) Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing. Draft November 10, 2011 617.20 SEQR Appendix C State Environmental Quality Review Act SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION (To be completed bv Applicant or Project sponsor) 1. APPLICANT / SPONSOR 2. PROJECT NAME Town Board of the Town of Poughkeepsie Proposed Zoning Amendment Chapter 210-27, MacDonnell Heights Center District 3. PROJECT LOCATION MUNICIPALITY Town of Pou2'hkeepsie COUNlY Dutchess 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Dutchess Turnpike at the MHC District 5. IS PROPOSED ACTION: o New o Expansion . Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: This would amend the MHC District regulations to clarify permitted uses, residential densities, and other development requirements, but does not change the types of permitted uses or authorize any development project. 7. AMOUNT OF LAND AFFECTED: Initially :1:57.62 Ultimately :1:57.62 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? . Yes o No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINllY OF PROEJCT? . Residential . Industrial . Commercial . Agriculture . Park/Forest/Open Space . Other Describe 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY, FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes . No If Yes, list agency(s) and permit/approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes . No If Yes, list agency(s) and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes . No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Town of PouEhkeepsie Date: November 10. 2011 Signature: Neil A. Wilson Title: Director of Municipal Development If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assesement Fonn before proceeding with this assessment PART II-ENVIRONMENTAL ASSESSMENT (To be comoleted bv AErencv) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. DYes . No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes. .No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) a.. Existingair quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No. The action is the adoption of a change to the MHC District to clarify permitted uses, residential dens.ities, and other development requirements, but does not authorize any development project. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No. The action is the adoption of a change to the MHC District to clarify permitted uses, residential densities. and other development requirements, but does not authorize any development project. . 0. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No. The action is a text amendment but does not authorize any development project or uses for the properties. CA. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. No. The action is a text amendment but does not authorize any development project or uses for the properties. cs. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. None identified. C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly. None identified. 0. Other impacts (induding changes in use of either quantity or type of energy)? Explain briefly. None identified. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? . DYes . No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes . No If Yes, explain briefly: PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine wbether it is substantial, large. important or otherwise significant. Each effect should be assessed in connection with its (a) setting (Le. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. D Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. . Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency: Town ofPou~hkeensie Date: Name and Title of Responsible Officer in Lead Agency: Patricia Mvers. Sunervisor Signature of Responsible Officer in Lead Agency: LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Poughkeepsie does hereby set the 14th day of December, 2011 at 7:00 P.M. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as the time date and place of a public hearing to consider an amendment to the Poughkeepsie Town Code, Chapter 210- 27 of the Zoning Law in regard to the MacDonnell Center District regulations AND PLEASE ALSO TAKE FURTHER NOTICE that said amendment is available to preview in the Town Clerk's Office located at One Overocker Road, Poughkeepsie, New York, between the hours of 8:00 A.M. - 4:00 P.M., Monday thru Friday. AND PLEASE TAKE FURTHER NOTICE, that the Town Board ofthe Town of Poughkeepsie does determine that this action is a Unlisted Action under the New York State Environmental Quality Review Act; and ALSO PLEASE TAKE FURTHER NOTICE that, if adopted, said local law shall become effective immediately upon filing with the Secretary of State. Susan J. Miller, Town Clerk Town of Poughkeepsie November 18th, 2011