2012-03-07
'Town of Poug liksepsie
SUSAN J. MILLER
ONEOVEROCKERROAD
POUGHKEEPSIE, NY 12603
February 3,2012
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
[Ri ~ ((; ~ ~\yJ~ [D)
FEB i.. 6 2012
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, March 7th, 2012 at 7:00
p.m. regarding a recommendation to amend Chapter 210-20 of the Zoning Law in regard to Senior Housing
Overlay District Regulations regulations.
Please fmd copies of Resolution 2: 1-#1 of2012 and also the Public Hearing notice for your review and
recommendation.
S?:1'0 r ,_ ..H1A -:\
~0~d~U{ I V
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
RESOLUTION 2:1 - # 1 OF 2012
WHEREAS, the Town Board of the Town of Poughkeepsie, pursuant to public
hearings held on the 14th day of December, 2011, the 18th day of January, 2012 and the 1 st
day of February, 2012 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One
Overocker Road, Poughkeepsie, NY, to consider a recommendation to amend Chapter
210-20 of the Town Code, entitled "Zoning", specifically ~ 210-20 regarding Senior
Housing Overlay District regulations, ~d does hereby close those public hearings, take
no action on said amendments; and
WHEREAS, the Town Board has received a new communication from the
Director of Municipal Development recommending the 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 amendments 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 amendments 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 March 7, 2012, 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.
Seconded By:
q
Nays
Dated:
Moved By:
Ayes
JEN/meh
t-1I12/2012
m-2/1I2012
G: \mllega1\r\20 12\feb \2 -1 mtg\sroverlaydistrict -amend -ph-repub1isb2.doc
2
AYE
NAY
Councilman Baisley
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilwoman Shershin
Supervisor Tancredi
3
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)
10 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; ill the Office Research (OR) District; or iii) Residence, Multi-Family (R-M)
District which meet the General Requirements and Design Criteria set forth herein.
B) General Requirements. 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 the Residence, Multi-Family (R-M) District.
2) Minimum land area. To qualify for SHOD designation the minimum land area of the
Parent Parcel shall be no less than five (5) contiguous acres of land.
3) Minimum lot frontage. The minimum lot frontage of the Parent Parcel shall be no less
than three hundred fifty (350) feet of continuous frontage on a New York State Highway.
The minimum lot frontage requirement may also be satisfied by the lot frontage of
another lot or combination of other lots where all of the lots are part of an approved
1
February 2, 2012
Business Park development and where each of the lots are included in a reciprocal
easement agreement or covenant whereby the primary access to all of the lots is from a
shared access road or driveway at the State Highway. Said access shall be capable of
being used, or improved for use, as the primary ingress and egress to the proposed senior
residence development.
4) Services. The site shall, in the opinion of the Town Board, be conveniently located with
respect to retail, medical and public transportation services.
5) 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
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.
Minimum Lot Minimum Lot Minimum Minimum Minimum Minimum Minim um Maximum
Area Frontage Lot Width Lot Depth Front Yard Side Yard Rear Yard Height
(acres) (feet) (feet) (feet) (fee t) (feet) (feet) (feet)
2 50 150 150 50 50 50 105 feet or
7 stories!
2
February 2, 2012
2) Maximum lot coverage and impervious surface for any development on any lot shall be as
follow:
(i) Maximum lot coverage shall be 25%.
(ii) Maximum impervious surface coverage shall be 75%.
3) Maximum residential density.
a) Ten (10) dwelling units per acre. As an incentive for development of commercial non-
retail space this density shall be increased as follows:
(i) 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.
(ii) 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.
(iii) 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 of
the Town of Poughkeepsie..
4) Parking. Minimum parking shall be provided at a ratio of 1.0 spaces per dwelling unit or
such other ratio as may be approved by the Town Board. Parking for any non-residential
portion of any development shall be established by the Planning Board pursuant to S210-
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 of lot area devoted to
surface parking, the creation of structured parking in parking garages is encouraged,
3
February 2, 2012
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) Accessory uses. Subject to Town Board approval and such other limitations the Town
Board may approve, up to fifteen (15%) percent of the gross floor area of the principal
SHOD structure may include the following as accessory uses provided such uses are
located within the principal SHOD structure:
a) Bakery, retail.
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.
6) Landscaping and landscaped buffer Area. Not less than 25% of the total gross lot area
shall be landscaped in accordance with 9210-80. 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 sidewalks shall be 6 feet wide and provide circulation
between principal structures and accessory uses and adjacent properties as deemed
appropriate by the Planning Board.
8) Lighting. Lighting shall be in accordance with 9210-81 and the standards for residential
district lighting in 9210-81(E).
9) Signage. Signs shall be in accordance with 9210-125.
4
February 2,2012
10) 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 ~210-152(A)(10).
E) Procedure. The review and approval of an application for a Senior Housing Overlay District
designation shall be as follows:
1) 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.
2) Planning Board review. Within sixty-two (62) days of receipt of 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.
3) 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.
4) 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
5
February 2, 2012
application for a Senior Housing Overlay 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.
5) 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.
6) 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 reo
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.
7) Conformity with district designation required. The Planning Board shall not approve any
site plan andJor subdivision that is not in substantial conformance with the Senior
6
February 2, 2012
Housing Overlay District designation granted by the Town Board or with any conditions
impose upon such designation.
F) 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.
7
February 2,2012
LEGAL NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Poughkeepsie will
conduct a Public Hearing on the ih day of March, 2012, at 7:00 PM, or as soon thereafter as the
matter may come to be heard at the Town Hall, Town of Poughkeepsie, 1 Overocker Road, New
York at which time, all parties in interest and citizens shall have an opportunity to be heard as to
whether the Town Board of the Town of Poughkeepsie should amend Chapter 210-20, "Senior
Housing Overlay District" in regard to the Senior Housing Overlay District regulations, the
amendments would clarify permitted accessory uses and requirements to qualify for potential
designation of property as an Overlay District; and
PLEASE ALSO TAKE FURTHER NOTICE, the action to amend the Zoning Law is an
Unlisted Action under the New York State Environmental Quality Review Act; and
PLEASE ALSO TAKE FURTHER NOTICE, that 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 ofthis matter pursuant to Article 8 of the Environmental
Conservation Law; and
PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed local law
amendments will be available for review and inspection at the office of the Town Clerk on
weekdays from 8:00 AM to 4:00 PM.
Susan 1. Miller, Town Clerk
Town of Poughkeepsie
February 3, 2012
