2013-08-26Town of ~1'oughkeepsie
SUSAN J. MILLER
ONE OVEROCKER ROAD
POUGHKEEPSIE, NY 12603
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OFFICE OFTOWN CLERK
PHONE: (845)485-3620
FAX: (845) 485-8583
August 22, 2013
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 Wednesday, September 18"', 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)"
Please find copies of Resolution 8:21-#SC 4 of 2013 and also the Public Hearing notice for your
review and recommendation.
Sincerely,
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
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AUG 2 g 2013
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RESOLUTION 8=21 - # SC 4 of 2013
Town of Poughkeepsie Town Board
Amendment to Chapter 210, "Planned Residential Overlay District"
WHEREAS, the Town Board is considering an amendment to Chapter
210 to add a new section 210-21 entitled "Planned Residential Overlay
District"; 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
WHEREAS, the amendment would, at the sole discretion of the Town
Board, allow the development of multifamily residential developments with
certain non-residential areas upon the terms and conditions set forth in said
amendment and other conditions which may be required by the Town Board;
and
WHEREAS, the action to amend the zoning law is a Type I Action
under the New York State Environmental Quality Review Act ("SEQRA");
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 210-90 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 8 of the Environmental Conservation Law;
and
2. The Town Board hereby sets a public hearing on the proposed
amendment of the Town Code for September 18; 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.
NW/meh
Attachment
t-8/16/2013
m-8/21/2013
G ~\mllegal\r\2013\aug\aug21\PROD.doc
Dated ~ ~,a
Moved w'
o ~r
Seconded ~ ~./
Ayes ~ Nays ~_
AYE NAY
Councilman Baisley ~
Councilman Eagleton /
Councilman Conte 'l/'
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
§210-21. Planned Residential Overlay District (PROD)
A) District Purpose. This overlay district is to encourage 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 designated areas for residential and
residential mixed use by permitting greater flexibility and, encouraging creative and imaginative
designs for the development of such areas than is typically possible 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 apace. 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 Zoning Map amendment subject to such additional
terms and conditions as the Town Board may require, on property located within the following
zoning 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) Heavy Industrial (H-L) District.
C) Planned residential developments shall relate harmoniously to the topography of the site, shall
make suitable provision for the preservation of watercourses, drainage areas, wooded areas,
rough 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 greatest extent possible.
D) Minimum land area. To qualify for PROD designation the minimum land area of the Parent
Parcel shall be no less than ten (10) 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 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.
F) Dwelling Unit Type. The only dwelling types permitted in a PROD are multifamily dwelling,
townhouse dwelling, townhouse condominium dwe]ing, and garden apartment dwelling.
G) Site Plan Approval. The development of any Planned Residential Overlay District project is
subject to site plan and/or subdivision approval by the Planning Board after Town Board
approval of the Planned Residential Overlay District.
H) Mandatory agreement. The Town Board shall require as a condition of any PROD approval
implementation of a Payment In Lieu Of Taxes (PILOT) agreement between the applicant/owner
and the Town that provides that the owner of the PROD project shall make annual payments in
lieu of taxes to the Town in amounts and for such term as may be approved by the Town Board it
being the intent of the Town that the cost of providing school, fire, police, ambulance and
municipal services to the PROD project be borne by the owner.
I) Design Criteria. The following Design Criteria shall apply to any PROD Project.
a) Maximum residential density.
(i) Twelve (12) dwelling units per acre computed on the size of the Parent Parcel when the
minimum amount of usable open pursuant to subparagraph 3 below is provided.
Review Draft August 21, 2013 2
(ii) Fifteen (15) dwelling urrits per acre computed on the size of the Parent Parcel when the
minimum amount of usable open space provided is no leas 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 square 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 required by the Director of Municipal
Development and approved by the Town Attorney to ensure that the nonresidential
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 any 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 enjoyment 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
space be conveyed to the Town.
(i) Except as hereafter provided, no principal structure shall be located closer than five feet
to any interior vehicular or pedestrian way, court, plaza, open parking lot or any other
surfaced area reserved for public use or for use in common by residents of the PROD.
Such setback shall generally be measured from the nearest edge of a surfaced area;
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-way or
private road easement.
d) The area and bulk regulations for any PROD project shall be as follows
(i) Maximum lot coverage of non-open space area - 90%
Review Draft August 21, 2013 3
(ii) Maxunum impervious coverage of non-open apace area - 95%
(iii) Maximum building height - 50 feet or 4 stories.
(a) For projects that incorporate parking 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 along Parent Parcel - 40 feet.
(v) Minimum size of any 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 roadways
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 may be approved by the Planning Board. 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 Planned Residential
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, 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.
f) Sidewalks. Where required sidewalks shall be 5 feet wide and provide circulation between
principal structures and accessory uses and adjacent properties as deemed appropriate by
the Planning Board.
g) Lighting. Lighting shall be in accordance with §210-81 and the standards for residential
district fighting in §210-81(E).
h) Signage. Signs shall be in accordance with §210-125.
Review Draft August 21, 2013 4
i) 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).
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
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.
b) Planning Board review. Within sixtytwo (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 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 Planning 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 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.
d) 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 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 subject of
the application notifying interested persons that an application for a Planned Residential
Review Draft August 21, 2013 5
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 Planned
Residential 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.
e) 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.
f) 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 Planned Residential 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 Planned Residential Overlay
District exists, function as one integrated parcel for ingress and egress, 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 August 21, 2013 6
~ Time Limits. If construction work on the proposed Planned Residential development is not
commenced within the later of three (3) years .from the date of the Town Board approval of the
Planned Residential 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 PROD 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.
G:~nllegal~r~2013~aug~aug2l~attach-PLANNED RESIDENTIAL OVERLAY DISTRICT.doc
Review Draft August 21, 2013 ']
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie
does hereby set the 18th day of September, 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 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
August 22, 2013