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2011-11-18 (3) .. ~own of (Poug liksepsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 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 OFFICE OF TOWN CLERK PHONE: (845) 485-3620 FAX.: (845)485-8583 . [R1~((;~~~~[Q) NOY 2 2 2011 TOWN OF WAPPINGER TOWN CLERK NOTICE IS HEREBY GNEN, 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 amendments to Chapter 210-20 of the Zoning Law in regard to Senior housing Overlay District Regulations regulations. Please find copies of Resolution 11: 16- #4 of 20 11 and also the Public Hearing notice for your review and recommendation. ~ Felicia Salvatore Deputy Town Clerk Town of Poughkeepsie '\ RESOLUTION 11:16 - #3- of 2011 Town of Poughkeepsie Town Board Amendment to Chapter 210-20, "Senior Housing Overlay District" WHEREAS, the Town Board has received a communication from the Director of Municipal Development recommending amendment of Chapter 210-20 of the Zoning Law in regard to the Senior Housing Overlay 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 amendment would clarify permitted accessory uses and requirements to qualify for potential designation of property as an Overlay 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 amendment to Chapter 210-20 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: \Vo-uf~^) ,1Jo)~6IJ ~::=~~~i 2;:;: Ayes 1- Nays 0 NW/meh Attachment t-11/10/2011 m-11/16/2011 G:\mllegal\r\20 11 \nov\nov I6\SHOD amendment resolution III6II.doc AYE NAY Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers 2 SENIOR HOUSING OVERLAY DISTRICT BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows: 1. Article IV of Chapter 210 of the Town of Poughkeepsie Zoning Code entitled "Residence District Regulations" is hereby amended as follows: ~210-20 Senior Housing Overlay District (SHOD) A) District purpose. This overlay district is to encourage the provision of housing opportunities for elderly residents who do not require nursing or alternate care housing. Such housing may include Senior Housing - Age Restricted, Senior Housing -Assisted Living Facility or, a combination of both, and would be located in appropriate business and commercially zoned areas that would benefit from mixed use development. As determined by the Town Board the inclusion of subsidized and unsubsidized age restricted multi-family residential development would be compatible with and complimentary to office and business uses which may be developed from a single parcel of land or from land accumulated for contemporaneous development of residential and non-residential uses (collectively the "Parent Parcel"). A Senior Housing Overlay District designation may be permitted, at the sole discretion of the Town Board as a Zoning Map amendment subject to such additional terms and conditions as the Town Board may require, for parcels at locations within the; i) Highway Business (BH) District or; ii) the Office Research (OR) District; or iiO both the Office Research (OR) District and the Neighborhood Highway Business (BNH) District which meet the General Requirements and Design Criteria set forth herein. B) General Reauirements. An application for a Senior Housing Overlay District designation shall be subject to the following general requirements: 1) Location. A Senior Housing Overlay District designation shall only be permitted as an overlay district for property located within the Highway Business (B- H) District, or the Office Research (OR) District, or within both the Office Research and Neighborhood Highway Business (BNH) districts. 2) Minimum land area. The minimum land area of the Parent Parcel shall be as follows: a) In the Highway Business District no less than twotefl (2W) contiguous acres of land. b) In the Office Research District and Combined OR-BNH districts no less than two (2) contiguous acres of land. 1 Draft November 16, 2011 3) Minimum lot frontage. The mlrumum lot frontage of the Parent Parcel shall be as follows: a) In the Highway Business District no less than three hundred fIfty (350) feet of continuous frontage on a New York State Highway. In the B-H District the minimum lot frontage requirement may be satisfied by the lot frontage of another lot or combination of other lots where all of the lots are part of an approved Business Park development. b) In the Office Research District and Combined OR-BNH districts no less than three hundred (300) feet of continuous frontage on a New York State Highway. In the O-R and Combined OR-BNH districts the minimum lot -frontage requirement may be satisfIed bv the lot frontage of another lot or combination of other lots located within the 0- R or BNH district where each of the lots are included in a reciprocal easement agreement or covenant whereby the primarv access to all of the lots is from a shared access driveway at the State Highway. 4) Access. The oite ah8.11 have direet acceoa in-f-ce to 8. New York State Hibhway. Said access shall be capable of being used, or improved for use, as the primary ingress and egress to the proposed senior residence development. 5) Services. The site shall, in the opinion of the Town Board, be conveniently located with respect to retail, medical and public transportation services. 6) Utilities. The site must be served by town central sewage disposal and water supply facilities of sufficient capacity to service the proposed development. Unless determined to be infeasible by the Planning Board, all utilities, including electric and communications lines shall be installed underground. C) Site Plan Approval. The development of any Senior Housing Overlay District project (herein "SHOD Project") is subject to site plan and/or subdivision approval by the Planning Board after Town Board approval of the Senior Housing Overlay District. D) Design Criteria. The following Design Criteria shall apply to any SHDO Project. 1) Area and bulk requirements for any lot subdivided as part of a SHOD project. In the event of such subdivision as is set forth herein, the dimensional, area, and setbacks requirements of this Chapter shall not be applicable as between the individual 2 Draft November 16, 2011 subdivided SHOD parcels, but shall be maintained as to perimeter setbacks applicable to the Parent Parcel at the boundary with adjacent parcels of land that are not part of the SHOD project being built within the Parent Parcel. The overall mixed use project in a Senior Housing Overlay District, disregarding the individual lot lines created by the subdivision, shall otherwise comply with the dimensional, area, 'setbacks and parking requirements of this Chapter provided that no part of any building shall be closer than 15 feet to any other building or property line within such subdivided Parent Parcel. a) In the Highway Business District: Minimum Lot Minimum Lot Minimum Minimum Minimum Minimum Minimum Maximum Area Frontage Lot Width Lot Depth Front Yard . Side Yard Rear Yard Height (acres) (fee t) (feet) (feet) (feet) (feet) (fee t) (feet) ~~ ~50 ;WQ150 goG150 40 40 40 45 feet or 3 stories' b) In the Office Research District and the Combined OR-BNH districts: Minimum Lot Minimum Lot Minimum Minimum Minimum Minimum Minimum Maximum Area Frontage Lot Width Lot Depth Front Yard Side Yard Rear Yard Height (acres) (feet) (feet) (feet) (feet) (feet) (feet) (feet) 2 50 150 150 50 50 50 105 feet or 7 stories 1 2) Maximum lot coverage and impervious surface for any development on any lot shall be as follow: a) For projects in the Highway Business District, the Office Research District, and the Combined OR-BNH districts: (i) Maximum lot coverage shall be 2e40%. (ii) Maximum impervious surface coverage shall be 'ffi.85%. 3) Maximum residential density. a) For projects in the Highway Business District: For SHOD projects that incorporate parking within no less than 70% of the ground (i.e. l't) floor area of any building",m: provide underg-round (i.e. below grade) uarking. the height limitation may be increased by 15 feet or 1 story. I 1. 3 Draft November 16, 2011 - (i) Fifteen~ (15W) dwelling units per acre computed on the area of the parcel proposed for the residential units of the SHOD project to a maximum of 1:30 dwelling units. (ii) Fortv (40) dwelling units .per acre computed on the area of the parcel proposed for the residential units of the SHOD proiect when the lot proposed for the SHOD proiect is part of an approved Business Park development to a maximum of 130 dwelling units. b) For projects in the Office Research District and Combined OR-BNH districts: (i) Ten (10) dwelling units per acre. As an incentive for development of commercial non-retail space this density shall be increased as follows: 1. For each 10,000 gross square feet of non-residential non-retail building area two and one-half (2.5) additional dwelling units per acre computed on the total Parent Parcel. 2. The total dwelling units per acre for any development project, including the base dwelling units and any incentive dwelling units, shall not exceed 22 dwelling units per acre computed on the total Parent Parcel. 3. Where the Town Board approves an increase in the residential density in accordance with this section the Board shall require the filing of a covenant or such other document as may be required by the Director of Municipal Development and approved by the Town Attorney to ensure that the non-residential non-retail building portion of the development is not later converted to a residential or a retail use, provided however that such restriction may be modified by subsequent approval of the Town Board upon application or request for such modification, or as may otherwise be changed by zoning law amendment or other local law adopted by the Town Board ofthe Town of Poughkeepsie.. 4) Parking. Minimum parking shall be provided at a ratio of 0.75 spaces per dwelling unit. Parking for any non-residential portion of any development shall be established by the Planning Board pursuant to ~210-92 of the Town Code. For the purpose of enhancing design flexibility, including the enhancement of the visual appearance of a mixed use project in a Senior Housing Overlay District, and for the purpose of reducing the amount 4 Draft November 16,2011 of lot area devoted to surface parking, the creation of structured parking in parking garages is encouraged, and parking on any part of the Parent Parcel may be used to meet the parking requirements for any other components of a mixed use project. 5) Accessorv uses. Subiect to Town Board a1J1)l'oval and such other limitations the Town Board mav approve as to the number of accessory uses and the amount of square footage devoted to anv accessorY use. a SHOD proiect may include the following as accessory uses provided such uses are located within the principal SHOD structure: a) Bakerv. retail. no drive-in or dxive-thru. b) Bank or financial services. no drive-in or drive-thru. c) Personal service business. no drive-in or drive-thru. d) Restaurant. no drive-in or drive-thru. e) Service business. no drive-in or drive-thru. Bf6)Landscaping and landscaped buffer Area. Not less than 25% of the total gross lot area shall be landscaped in accordance with S210-S0. As part of the required landscaping a landscaped buffer area of not less than thirty (30) feet in depth shall be provided along the front yard, side yard, and rear yard of any lot, and not less than five (5%) percent of the interior (i.e. non-perimeter) area of any parking lot shall be landscaped. Roads, pathways, and sidewalks providing access through a buffer are permitted. The minimum landscaped area required in this paragraph may be satisfied by the creation of such minimum landscaped area on the adjoining right-of-way of a public highway owned and maintained by the New York State Department of Transportation. All setbacks shall be computed for the Parent Parcel. @.)7)Sidewalks. Where required bv the Planning Board Sgidewalks shall be 6 feet wide and provide circulation between principal structures and accessory uses and adjacent properties as deemed appropriate by the Planning Board. -+f8lLighting.Lighting shall be in accordance with ~210-81 and the standards for residential district lighting in ~210-S1(E). 8+9)Signage. Signs shall be in accordance with ~210-125. 5 Draft November 16, 2011 9ilill-Architectural Consistency. All principal buildings shall be architecturally designed to be consistent with the Town of Poughkeepsie guidelines to the maximum extent possible. Compliance with all architectural standards shall be subject to Planning Board review and approval in accordance with 9210-152(A)(1O). E) Procedure. The review and approval of an application for a Senior Housing Overlay District designation shall be as follows: F) Town Board Review. An application for a Senior Housing Overlay District designation shall be submitted to the Town Board. Upon receipt of an application, the Town Board shall notify the applicant of the place, date, and time of the meeting at which the application is to be considered, and shall refer the application to the Planning Board for review and recommendation. The applicant or the applicant's representatives shall be present at meetings of the Town Board at which the application is to be considered. G) Planning Board review. Within sixty-two (62) days of receip~ the application from the Town Board the Planning Board shall make a recommendation to the Town Board as to whether, in the opinion of the Planning Board, the application supports a Senior Housing Overlay District designation. The applicant or the applicant's representatives shall be present at the meetings of the Planning Board at which the application is to be considered. Failure of the Planning Board to provide a recommendation within the specified time shall be deemed a recommendation to approve the application. H) SEQRA review. No application for a Senior Housing Overlay District designation shall be complete until a lead agency is established, and a Negative Declaration has been issued or a Draft Environmental Impact Statement as been accepted as complete by the lead agency as satisfactory with respect to scope, content and adequacy. 1) Town Board action. Within sixty-two (62) days of receipt of a complete application, the Town Board shall hold a public hearing on the application for a Senior Housing Overlay District designation. Notice of the public hearing shall be published in the official newspaper at least ten (10) days prior to the date set for the public hearing. A public hearing on the application shall also be coordinated with any public hearing on a Draft Environmental Impact Statement. The Town Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that an application for a Senior Housing Overlay 6 Draft November 16, 2011 District designation is under consideration by the Board. All notices shall include the name of the application, the location of the site requested for designation, and the date, place, time and subject of the public hearing at which the application will be reviewed. Such notice shall not be required for adjourned dates. Within sixty-two (62) days of the close of the public hearing the Town Board shall act to approve or disapprove the request for a Senior Housing Overlay District designation. The time within which the Board must render its decision may be extended for such additional time as the .Board may deem reasonable or necessary to render a decision. The failure of the Board to take action within 62 days of the close of the public hearing, or within such additional time period as may be agreed to or established by the Board shall not result, and shall not be construed to result, in a default approval of the application. The Board may, if it feels necessary to fully protect the public health, safety and welfare of the community, attach to the designation any reasonable conditions or requirements for the applicant to meet. The decision of the Board shall be filed in the office of the Town Clerk within five (5) business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant. J) Site plan approvaL Site Plan review and approval by the Planning Board as provided in Article XIII of this Chapter shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved site plan shall also require site plan approvaL ill Subdivision approvaL If the development proposal involves the subdivision of land as defined in this Chapter and Chapter 177, the subdivision approval pursuant to Chapter 177 shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved subdivision plat shall also require re-subdivision approval. A mixed use project in a Senior Housing Overlay District may be subdivided into two or more parcels, provided that a reciprocal easement agreement approved by the Planning Board as part of the site plan approval process is executed and recorded requiring that such subdivided parcels, for so long as the mixed use project in a Senior Housing Overlay District exists, function as one integrated parcel for ingress and egress, parking, internal circulation, water service, drainage, sanitary sewage disposal, and storm sewers. L) Conformity with district designation required. The Planning Board shall not approve any site plan and/or subdivision that is not in substantial conformance with the Senior Housing Overlay District designation granted by the Town Board or with any conditions impose upon such designation. 7 Draft November 16,2011 M) Time Limits. If construction work on the proposed Senior Housing development is not commenced within the later of three (3) years from the date of the Town Board approval of the Senior Housing Overlay District or within three (3) years from the date of Planning Board site plan and/or subdivision approvals, and completed within three (3) years of the date of such commencement, then the SHOD designation shall be null and void and all rights and approvals and permits therein shall terminate unless the Town Board, for good cause, authorizes an extension of the overlay district approval. For purposes of this section the commencement of construction shall be measured from the date a Building Permit is issued by the Town of Poughkeepsie. Additionally, and for purposes of this section, the completion of construction shall be the date on which a Certificate of Occupancy is issued by the Town of Poughkeepsie. 8 Draft November 16, 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 Proiect sponsor) 1. APPLICANT / SPONSOR 2. PROJECT NAME Town Board of the Town of Poughkeepsie Senior Housing Overlay District Amendment 3. PROJECT LOCATION MUNICIPALITY Town of Poughkeepsie COUNTY Dutchess 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town wide. 5. IS PROPOSED ACTION: o New o Expansion . Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: The action is the adoption of a change to the Senior Housing Overlay District to clarify permitted accessory uses and reqwrements to qualify for potential-designation of property as an Overlay District. 7. AMOUNT OF LAND AFFECTED: Initially Town wide Ultimately Town wide 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 VICINITY OF PROEJCT? . Residential o Industrial . Commercial o Agriculture o ParklForesUOpen Space o 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 ApplicanUsponsor name: Town ofPoue:hkeepsie 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 Assessment Form before proceeding with this assessment ". PART II-ENVIRONMENTAL ASSESSMENT (To be comnleted bv A~encv) A. DOES ACTION EXCE-ED 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) Cl. 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 Senior Housing Overlay District to clarify permitted accessory uses and requirements to qualify for potential designation of property as an Overlay District. 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 Senior Housing Overlay District to clarify permitted accessory uses and requirements to qualify for potential designation of property as an Overlay District. o. 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. 05. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly. None identified. 0. Other impacts (including 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 whether 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 (f) 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 imp act 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. D 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 of Poughkeepsie Date: Name and Title of Responsible Officer in Lead Agency: Patricia Mvers. Supervisor Signature of Responsible Officer in Lead Agency: 2 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- 20 of the Zoning Law in regard to the Senior Housing Overlay District 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 of the Town of Poughkeepsie does determine that this action is a Type II Action requiring no environmental review; 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