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2013-01-16 (3)~Iown of r1'oughkeepsie SUSAN J. MILLER ONE OVEROCKER ROAD POUG.HKEEPSIE, NY 12603 f ~WNREfp ~ c Q"' ~ ~~ O ~ J2 Gj~NE55 ~ OFFICEOFTOWN CLERK PHONE: (845)485-3620 FAX: (845)485-8583 December 20, 2012 Dutchess County Dept. of Planning Dutchess County Legislature Town Planning Board Town Zoning Board 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 of Wappingers Falls Town Clerk, Town of Marlborough Town Clerk, Town of Lloyd 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, January 16~a, 2013 at 7:00 p.m. as and for the time, date and place of a public hearing to consider amendments to Chapter 210 of the Town Code, entitled "Zoning", Specifically section 210-90 in regard to the regulations for Motor Vehicle Service Facilities. Please fmd copies of Resolution 12:19- #11 of 2012 and also the Public Hearing notice for your review and recommendation. Sincerely, f ~ Felicia Salvatore Deputy Town Clerk Town of Poughkeepsie RESOLUTION 1219 - #~ of 2012 Town of Poughkeepsie Town Board Amendment to Chapter 210-90, "Motor Vehicle Service Facilities" WHEREAS, the Town Board is considering an amendment to Chapter 210-90 of the Zoning Law in regard to the regulations for Motor Vehicle Service Facilities; and WHEREAS, the proposed amendment is attached hereto and incorporated herein and the Town Board does hereby waive a verbatim reading of said amendment and does direct that said amendment be spread across the record as if it, in fact, had been read verbatim; and W~IEREAS, the amendment would amend the standards for development of any Motor Vehicle Service Facility to require a minimum separation distance of ~i00 feet from any property developed for residential use which is located in a residential district including additional standards for screening of such facilities; 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 21Q-90 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 S of the Environmental Conservation Law; and 2. The Town Board hereby sets a public hearing on the proposed amendments to Chapter 210-90 of the Town Code for January 16, 2013, at 700 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 Clerks of the surrounding municipalities of the public hearing pursuant to GML 239-nn. Dated _ ~/YY1~l`~/U ~~; ~ 4 a ~: 4y Moved ~"~~ 1~ (/~~ t•",~ Seconded ~ Ayes ~ Nays NW/meh t-12/13/2012 m-12/19/2012 G~\mllegal\r\2012\dec\12.19mtg\Motor Vehicle Service Facilities Amendment Resolution 121912 (2).doc AYE NAY Councilman Baisley Councilman Eagleton ~~~~~~. ~ Councilman Conte Councilman Cifone `~ Councilman Krakower ~,~~.~~ 1 Councilwoman Shershin Supervisor Tancredi 2 BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows 1. Article VIII of Chapter 210-90 of the Town of Poughkeepsie Zoning Code entitled "Motor Vehicle Service Facilities" is hereby amended as follows § 210-90. Motor vehicle service facility. A) In. any district where permitted, motor vehicle service facilities shall be subject to the following regulations 1) There shall be a minimum lot area of 30,000 square feet unless the district regulations require a larger lot area. There shall be minimum road frontage of 200 feet unless the district regulations require a larger road frontage. 2) All bulk petroleum products or similar substances shall be stored underground, and all applicable rules governing the storage of underground petroleum tanks shall apply. 3) No inoperative or partially dismantled automobile shall be stored on the premises for more than 90 days. All such vehicles shall be screened from view. 4) Off-street parking and storage of automobiles shall be in accordance with §210- 92. 5) No facility shall be located within a00 feet from anv ,property developed for residential use which is located in a residential district. 6) A h~l~-fence or wall adequate for year-round acreeni.ng of the service station shall be installed along any residential property line and shall be of a design, hei~llt, location and material approved by the Planning Board. Sx~ecial en~.phasis ;,haaLl' be placed iii the use of acoustical and opaque materials as needed to ~cl~ieve si zificant sound. and light reduction, as determined by the Plaru~in~ Board. ~t~ i) If a carwash is involved, the following restrictions shall apply a) Lot size fox automobile washing facilities shall be a minimum of two acres, and such lot shall have street frontage of at least 200 feet. b) All washing and machine drying operations shall be conducted within a structure. c) The building exit for automobiles that have completed the washing and machine drying process shall be set back a minimum of 50 feet from the nearest point of any street line. d) No washing, vacuuming, steam cleaning, waxing, polishing nor machine- drying operation, nor building within which such operations are conducted, shall be permitted within 100 feet of a residential building located in a residence district. e) All lot lines abutting residentially zoned or used property shall be screened by means of a solid masonry wall, opaque fence or evergreen hedge of a design acceptable to the Planning Board. Such screen shall not be less than six feet nor more than eight feet in height and shall be maintained in good condition throughout the life of the use. f) All entrance and exit lanes and parking areas shall be surfaced with an asphaltic or Portland cement pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all drainage water therein in a manner that does not adversely impact adjacent properties, uses and abutting roadways. g) Entrance and exit drives (i) The principal driveway entrance shall be located at least 200 feet from the nearest intersection of public streets. (ii) Exit drives for new facilities shall be designed to avoid the accumulation of water on the surface normally traversed by exiting vehicles. The exit drive shall have a minimum length of 150 feet located past the wash facility structure and incorporate speed bumps designed to shake the vehicle sufficiently to remove as much wash water as possible prior to the vehicle's exiting the site. h) Any lighting used shall be so arranged as to reflect the light away from adjoining premises in a residential use and abutting roadways. i) All operations shall be conducted completely within the lot lines of the property. j) Parking and stacking space. One parking space shall be provided for every three employees. In addition, off-street stacking spaces shall be provided for waiting vehicles in accordance with the requirements set forth below. Each single stacking space shall be 20 feet in length and 10 feet in width. Where a vehicle washing facility use is combined with a gasoline filling station use, fueling positions shall not be included as off-street stacking space. Stacking apace requirements shall be as follows (i) Conveyor, tunnel or rollover-type car wash eight stacking spaces per wash bay. (ii) Wand-type coin operated self-service car wash, five bays or fewer five spaces per wash bay. (iii) Wand type coin operated self-service car wash, six to nine bays four spaces per wash bay. (iv) Wand type coin-operated self-service car wash, 10 or more bays three spaces per wash bay. k) Wastewater disposal. (i) All wastewater generated by the vehicle washing facility shall be disposed of properly. The design and capacity of any septic system servicing such a facility shall be approved in advance by the governmental agencies having jurisdiction over such systems. If a municipality sewer system is used for wastewater disposal, the facility shall obtain the permission and approval of the operators of the system in advance of discharging any wastewater into the system. 4 (ii) No vehicle washing facility shall be permitted to discharge any watery residue from the washing operation into any stormwater drainage collection system which could contaminate public water supplies. (iii) No vehicle washing facility shall be operated within a distance of 100 feet of any designated wetland areas. 1) Water reclamation. All facilities shall have a water reclamation system, including a holding tank with an audio/visual alarm system to warn operating personnel of high level conditions. m) if a car wash is combined with or added to any other motor vehicle service facilities, a special use permit is required for such car wash. n) The provisions herein made shall not be affected in the event that any portion of the within legislation is declared void, invalid, unenforceable or unconstitutional. 5 1416-4 11/95 -Text 12 Project I.D. Number 617.20 SEQR Appendix C State Environmental Quality Review Act SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION o be com leted b Ilcant or Pro'ect s onsor 1. APPLICANT /SPONSOR 2. PROJECT NAME Town Board of the Town of Poughkeepsie Proposed Zoning Amendment Cha ter 210-90 Motor Vehicle Service Facilities 3. PROJECT LOCATION MUNICIPALITY Town of Pou hkee sie COUNTY Dutchesa 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town•wide 5. IS PROPOSED ACTION: ^ New ^ E ansion ^ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: This would amend the standards for development of any Motor Vehicle Service Facility to require a minimum separation distance of 500 feet from any property developed for residential use which is located in a residential district, including standards for light and noise screening. 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 ^ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROEECT? ^ Residential ^ Industrial ^ Commercial ^ Agriculture ^ Park/ForestlOpen Space ^ Other Describe 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY, FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ^ Yes ^ No If Yes, list agency(s) and permit/approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ^ Yes ^ No if Yes, list agency(s) and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ^ Yes ^ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I Applicant/sponsor name: Town of Poughkeepsie Date: December 19. 2012 Signature: Neil A. Wilson ~ Title: Director of Municipal Development If the action is In the Coastal Area, and you are a stale agency, complete the Coastal Assessment Form before proceeding with this assessment PART TT-ENVIRONMENTAL ASSESSMENT (To be completed by A¢encv) 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. ^Yes ^ No e. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617,6? If No, s negative declaration maybe superseded by another involved agency. ^Yes ^No c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Eiastmg~air 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 the standards for development of Motor Vehicle Service Facilities to require a minimum separation distance of 500 feet from any property developed for residential use which is located in a residential district, but does not authorize any development project. t2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No. The amendment is a change of the standards for development that does not authorize any development project. ©, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No. The action is a text amendment that does not authorize any development project or uses for the properties. G4, 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 that does not authorize any development project or uses for the properties. C5, 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 Cl-O6? Explain briefly. None identified. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly, None identified. ~, WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ^Yes ~ No e. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ^ Yea ~ N o 1f Yea, explain brieIIy: PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, detarmiae whether it ie eubetantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) prohability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (fj magnitude. If necessary, add attachments or reference supporting materiels, Ensure that explaaationa contain sufficient detail to show that all relevant adverse impacts have bean identified and adequately addraesed. If question D of Paxt II was aheaked yea, the determination and significance mast evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ^ 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: ame of Lead Agency Town of Pouahkeevaie Date: ame and Title of Responsible Officer in Lead Agency Todd Taneredi, Suvervisor tore 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 16th day of January, 2013 at 7:00 p.m. at the Town of Poughkeepsie, Town Hall, One Overocker Road, Poughkeepsie, NY, as and for the time, date and place of a public hearing to consider an amendment to the Town Code of the Town of Poughkeepsie, specifically Chapter 210 entitled, "Zoning" specifically section 210-90 in regard to the regulations for Motor vehicle Service Facilities. AND ALSO PLEASE TAKE FURTHER NOTICE, that the said proposed local law is available in full form at the Town Clerk's Office, One Overocker Road, Poughkeepsie, NY, Monday thru Friday between the hours of 8:00 AM-4:00 PM AND ALSO PLEASE TAKE FURTHER NOTICE, that said local law, if adopted, shall take effect immediately upon filing with the Secretary of State. Susan J. Miller, Town Clerk Town of Poughkeepsie December 27th, 2012