2013-04-03Mown of Poughkeepsie
SUSAN J. MILLER
ONEOVEROCKERROAD
POUGHKEEPSIE, NY 12603
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OFFICEOFTOWN CLERK
PHONE: (845)485-3620
FAX: (845)485-8583
March 12, 2013
Dutchess County Dept. of Planning
Dutchess County Legislatare
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 Wednesday, Apri13'd' 2013 at
7:00 p.m. as and for the time, date and place of a public hearing to amend Chapter 210 of the
Town Code, entitled "Zoning", specifically the addition of section 210-21, "Planned Residential
Overlay District (PROD)" and does hereby close prior public hearing held on January 16~`, 2013
with no action taken on those said amendments .
Please find copies of Resolution 3:6-# 11 of 2013 and also the Public Hearing notice for your
review and recommendation.
Sincerely,
~~ ~
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
~~~~~ V ~ J
. MAR 1 ~ 2013
TOWN OF WAPPIN~E~Z .
TOWN CLERK
RESOLUTION 3:6 - #~ OF 2013
WHEREAS, the Town Board of the Town of Poughkeepsie, pursuant to a public
hearing held on the 16`'' day of January, 2013 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 of the Town Code, entitled "Zoning", specifically the addition of
Section 210-21, "Planned Residential Overlay District (PROD)", and does hereby close
that public hearing, 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 of the
Zoning Law in regard to the addition of Section 210-21, Planned Residential Overlay
District; 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 action to amend the Zoning Law is an Unlisted Action under the
New York State Environmental Quality Review Act; and
WHEREAS, the addition of Chapter 210-21 requires a public hearing.
NOW, THEREFORE BE IT RESOLVED THAT:
1. The Town Board hereby sets a public hearing on the proposed amendments to
Chapter 210 for April 3, 2013, 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
2. 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
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; and
5. The Town Board directs the Town Clerk to notify the Town Clerks of each of the
surrounding municipalities of the public hearing pursuant to GML 239-nn; and
6. That said local law, if adopted, shall take effect immediately upon filing with the
Secretary of State.
Dated: ~'~ ~~l ~
Moved: ~ ~~-.'.d'`1 ~~~..~ '~`~
Seconded; ~. ~,.~ a~~J~ ~'~'~ ;
Ayes Nays ~~
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G:\mllegal\r\2013~nar\mar 6\plannedres-re-setpublichearing.doc
AYE NAY
Councilman Baisley
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilwoman Shershin
Supervisor Tancredi
a
PLANNED RESIDENTIAL 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 to add a new section as follows
X210-21. Planned Residential Overlay District (PROD)
A) District Purpose This overlay district is to encoura eg the provision of housing opportunities for
working individuals. couples, families, and seniors as part of a multiple unit development. The
PROD regulations are intended to facilitate development of desienated areas for residential and
residential-mixed use b~permitting greater flexibility and encouraeine creative and imaeinative
designs for the development of such areas than is tvnicallypossible under conventional zoning or
subdivision regulations. These regulations are further intended to promote the economical and
efficient use of land while providing a harmonious variety of housing choices. a higher level of
amenities and preservation of open space As determined by the Town Board the inclusion of
multifamily residential development on designated sites is compatible with and complimentary
to_certain residential and non-residential district 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").
B) General Requirements. A Planned Residential Overlay District designation may be permitted
at the sole discretion of the Town Board as a Zonine Map amendment subject to such additional
terms and conditions as the Town Board may require, on property located within the following
zonine districts
a) Residence. Mobile Home (R•MH) District and
b) Fairview Center (FC) District; and
c) Salt Point Center (SPC) District; and
d) Historic Revitalization Development District (HRDD); and
e) Light Industrial (I-L) District; and
f) Heaw Industrial (H"L) District.
Review Draft March 6, 2013
C) Planned residential developments shall relat harmoniously to the topography of the site shall
make suitable provision for the preservation of water oursea drainage areas wooded areas
roueh terrain. and similar natural features and areas and shall otherwise be so designed as to
use and retain such natural features and amenities to the tsreatest extent possible
D) Minimum land area To aualifv for PROD designation the m'n'mum land area of th Paren
Parcel shall be no lesa than tend (104) contiguous acres of land
E) Minimum lot frontage The minimum lot frontage of the Parent Parcel shall be no less than two
hundred (200) feet of continuous frontage on a public highway
a) Services. The site shall in the opinion of the Town Board be conveniently located with
respect to retail, medical and public transportation services
b) Utilities. The site shall be served by municipal central sewage disposal and wa r 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 instaIled underground
F) Dwelline Unit Tome. The only dwelling tomes permitted in a PROD are multi-family dwelling,
townhouse dwelling townhouse condominium dwelling and garden apartment dwelling_
G) Site Plan Approval The development of any Planned Re idential Ov rlav District project is
subiect to site plan and/or subdivision approval by the Planning Board after Town Board
approval of the Planned Residential Overlay District
H) Mandatory aereement. The Town Board shall require as a condition of any PROD approval an
agreement between the applicant/owner and the Town that provid that in th event and art of
the approved development is accorded a real property tax exemption by virtue of the
participation of an industrial development agency or other agency or entity permitted to receive
such exemption. or the property is owned and/or operated by a not-for-profit entity the owner of
the lot or part of the proiect benefited by such tax exemption shall make annual payments in lieu
of taxes to the Town equal to the amount of the value of the taxes which would otherwise be
assessed and collected by the Town absent such exemption said agreement to be approved b~he
Town Board.
[) Design Criteria The following esign Criteria shall apply o an<v PROs Proiect
a) Maximum residential density
Review Draft March 5, 2013
(i) Twelve (12) dwellin units per acre computed on the size of the Parent Parcel when the
minimum amount of usable openpursuant to subparagraph 3 below is provided
(ii) Fifteen (15) dwelline units ,per acre computed on the size of the Parent Parc 1 when th
minimum amount of usable open space provided is no less than 40% and is permanently
preserved in accordance with subparagraph 3 below
b) Maximum non-residential density.
(i) No more than thirty (30%) of the total gross residential sauaze footage of any PROD
development may be devoted to non-residential space.
(ii) Where the PROD includes non-residential space the Town Board shall require the filing
of a covenant or such other document as may be re,.g_uired by the Director of Municipal
Development and approved by the Town Attorney to ensure that the non-residential
building portion of the development is not later converted to a residential 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.
c) Open space requirement. Usable open space shall comprise at least thirty (30)percent of the
total area of the PROD All or an~part of the required open space shall be reserved for use
in common by the residents and tenants of the PROD. Areas permanently reserved for open
space shall be reserved for the use and eniovment of the residents in a manner which makes
the Town, or a public district or public agency a party to and entitled to enforce the
reservation. The Town Board may require that open space easements over the required open
apace be conveyed to the Town.
(i) Excent as hereafter provided. no principal structure shall be located closer than five feet
to any interior vehicular or pedestrian way court plaza open parkine lot or any other
surfaced area reserved for public use or for use i_n common by residents of the PROD
Such setback shall generally be measured from the neaze t edge of a surfaced areai
provided, however. that where no sidewalk exists in conjunction with a public or private
street. such setback shall be measured from the nearest edge of the street right-of-wa~or
private road easement.
d) The area and bulk regulations for any PROD proiect shall be as follows
Review Draft March b, 2013
(i) Maximum lot coverage of non-open space area - 90%
(ii) Maximum impervious coverage of non-onen space area - 95%
(iii) Maximum buildine height - 50 feet or 4 stories.
(a) For proiects that incorporate par ' spaces within the ground floor or sub-floor area of
any dwelling unit, the height limitation may be increased by 15 feet or 1 story
(iv) Minimum perimeter setback alone Parent Parcel - 40 feet.
(v) Minimum size of anv lot subdivided from the Parent Parcel - as determined by the
Planning Board. Lots shall not be required to have frontage on a public street. provided
that appropriate reciprocal easements are provided. to the satisfaction of the Planning
Board, for access between such lots and public streets over common internal roadway
and driveways to be constructed in accordance with the approved site development plan.
For purposes of this section the PROD shall be considered to be an open development
area in accordance with the Town Law §280-a.
(vi) Minimum setback from interior lot lines - 5 feet.
e) Parking. Minimum parking shall be provided at a ratio of 1.5 spaces per dwelling unit or
such other ratio as maybe approved by the Planning Board. Parking for any non-residential
portion of anv 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 proiect in a Planned Residential
Overlay District, and for the purpose of reducing_the amount of lot area devoted to surface
parking, the creation of structured ap rking in ap rking_garages is encouraged. and parking on
any part of the Parent Parcel may be used to meet the parking requirements for anv other
components of a mixed use proiect.
£! Sidewalks. Where required sidewalks shall be 5 feet wide and provide circulation between
principal structures and accessorv uses and adiacent properties as deemed appropriate by
the Planning Board.
g) Lighting. Lighting shall be in accordance with 6210-81 and the standards for residential
district lighting in 6210-81(E).
h) Signage. Signs shall be in accordance with §210-125.
Review Draft March 5, 2013
i) Architectural Consistency All principal buildines shall be architecturally designed to be
consistent with the Town of Poughkeepsie euidelines to the maximum extent possible
Compliance with all architectural standards shall be subiect to Planning Board review and
approval in accordance with §210-152(A)~10).
J) Procedure. The review and approval of an application for a Planned Residential Overlay District
designation shall be as follows
a) Town Board Review An application for a Planned Residential Overlay District designation
shall be submitted to the Town Board. Upon receipt of an application. the Town Board shall
noti the applicant of the place date and time of the meetine 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.
b) Planning Board review Within sixty-two X62) 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 Planned
Residential 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 Plannine Board to provide a recommendation within the specified
time shall be deemed a recommendation to approve the application.
c) SEQRA review No application for a Planned Residential Overlay District designation shall
be complete until a lead aeencv 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
d) Town Board action. Within sixty-two (62) days of receipt of a complete application the Town
Board shall hold a public hearine on the application for a Planned Residential 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 subiect of
the application notifying interested persons that an application for a Planned Residential
Review Draft March 6, 2013
Overlay District designation is under consideration by the Board All noticeg 4hall include
the name of the application the location of the site requested for designation and the date,
place time and subiect of the public hearing at which the application will be reviewed Such
notice shall not be required for adiourned 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 Planned
Residential Overlay District designation. The time within which the Board must render its
decision may be extended for such additional time as the Soard 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 attgch 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.
e) Site plan approval Site Plan review and approval k3' 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 elan shall also require
site plan approval.
~ 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 apreviously approved subdivision plat shall also require re-subdivision approval
A mixed use proiect in a Planned Residential Overlay District may be subdivided into two or
more parcels provided that a reciprocal easement aereement approved by the Planning
Board as part of the site plan approval process is executed and recorded rewiring that such
subdivided parcels, for so long as the mixed use project in a Planned Residential Overlay
District exists, function as one integrated parcel for ingress and a rg ess, parking, internal
circulation. water service. drainage, sanitary sewage disposal. and storm sewers.
g) 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 Planned
Residential Overlay District designation granted by the Town Board or with any conditions
impose upon such designation.
Review Draft March 5, 2013
I~ Time Limits If construction work on the~roposed Planned Residential development is not
commenced within the later of three (3) vears from the date of the Town Board approval of the
Planned Residential Overlay District or within three (3) vears from the date of Planning Board
site Hlan and/or subdivision approvals. and completed within three (3) vears of the date of such
commencement. then the PROD desienation shall be null and void and all rights and approvals
and Hermits therein shall terminate unless the Town Board. for eood cause authorizes an
extension of the overlay district aHHroval. For puraoses 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
Review Draft March 5, 2013
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie
does hereby set the 3rd day of April, 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 amend Chapter 210 of the Town Code, entitled "Zoning",
specifically the addition of section 210-21, "Planned Residential Overlay
District(PROD)" and does hereby close prior public hearing held on January 16~', 2013
with no action taken on those said amendments
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
March 12, 2013