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Land Use 12-8-06Land Use IX.LAND USE There are approximately 17,000 acres of land in the Town of Wappinger, Land Use: 1970 comprising of over 26 square miles. This chapter explores how the Town has Public/Semi- Industrial Public 0.2% Commercial changed in the last three decades; how it 14.0% 0.9% will change if current land use Residential regulations remain the same and if 16.9% private development were to maximize Undeveloped allowable densities of development; and 68.1% how the Town should develop in the future. This chapter builds upon the research Land Use: 1986 and analysis as reported in the “Land Use, Zoning and Development Commercial Industrial 2.7% Potential”chapter inthecompanion 0.3% Public/Semi- volume to this Plan,Inventory and Public 12.7% Analysis. Undeveloped Residential 55.9% 28.4% The analysis of development potential in the second half ofthechapter is an important step in identifying if the zoning of a municipality is in line with Land Use: 2003 the goals and expectations of the Town. Commercial Thelandusecomponent of this plan Public/Semi- Industrial 2.6%Undeveloped Public 1.0% uses the dual perspectives of past trends 47.4% 16.9% and a possible future based on current zoning to adjust and fine-tune the destiny of the Town.The details of the dual analyses are summarized below: Residential 32.0% 1.Past Land Use: Land Use Changes from 1970 to 2003. The following items highlight the major changes in development the Town has experienced over the 33 years between land use inventories: x Developed Land: In 1970, there were 5,214 developed acres (32% of all Town land); in 2003 there were 8,997 developed acres (55% of all Town land). The amount of developed land increased by 70 percent in this 33-year period, Town of Wappinger Comprehensive Plan91 Land Use resulting in the development of 3,673 acres of land at a rate of 111acres per year. If land development trends continue, all currently undeveloped lands will be developed by the year 2075. x Public and Semi-Public Land: Currently occupying 2,866 acres with approximately 650 acres for recreation, the percentage of land in public use (17% in 2003) has not changed appreciably since 1970 when it was 14 % of all Town land. x Agriculture: Two-thirds of agriculturally used lands were lost between 1986 and 2003; a reduction froma total of 1,596acres in 1986 to 531 acres in 2003. x Industry: Lands used for industrial purposes have grown from 25 acres in 1970 to 173 in 2003.Approximately930 acres (about 6 percent of the Town’s land area) are zoned industrial. While this greatly exceeds industrial land use, industrial zoning generally allows all other commercial uses as well as industrial uses. x CommercialLand: Use of commercial land peaked in the 1980s at 452 acres – triple the amount of land used for commercial activity in 1970 at 148 acres. Currently, commercial land use is 439 acres: 88 acres in office uses, 263 in retail/service and 88 in mixed use.Approximately1,075 acres (about 7 percent of the Town’s land area) are zoned commercial. x Residential Land: Acreage used for residences nearlydoubledbetween 1970 and 2003, rising from 2,759 acres to 5,409 acres. Approximately 2,650 acres were developed for housing during this period, averaging 80acres per year. The Town maintained a nearly constant balance of single family vs. multi- family land uses, at roughly10% multi-family and90% single-family. Currently, the Town has 4,724acres in single-family use and 685 acres in multi-family use. Approximately 13,500 acres are zoned residential, including approximately340 acres zoned for multiple family residential uses and 13,160 acres zoned for single-family residential use. 2.Development Potential.This section highlights future land uses, given current land use regulations: x Residential Development Potential.Approximately4,600 acres of residentially zoned land is developable, resulting in an estimated 3,100 units of housing that could be built in the future. Town of Wappinger Comprehensive Plan92 Land Use x Commercial and Industrial Development Potential. There are approximately 4.7 million square feet of potential building space invacantland zoned commercial or industrial in the Town. This figure takes into account the floor area ratio (FAR) allowed in each district, as well as environmental constraints. However, development potential is limited by the absence of municipal sewer and water service on most sites. Of the lots with 10 or more contiguous acres zoned commercial or residential (see Figure IV-1), only one area totaling 85 acres(in the Conservation Office Park District) is in municipal sewer and water districts. The development potential of this property is up to 740,000 square feet of floor area. Two areas zoned Conservation Office Park or Conservation Commercial are adjacent to water and/or sewer districts, with a totalarea ofapproximately 114acres and a development potential of approximately 980,000 square feet of floor area. The remaining large vacant or undeveloped sites are in the Airport Industry District, which is not planned to receive municipalsewer and water service.Development of sites without sewer and water service is constrained primarily by the performance of on-site wells and septic systems. Issues and Opportunities For most areas, the Plan described here recommends a continuation of existing zoning, or recommends adapting existing zoning to reflect actual uses that may have pre-dated the zoning. The areas where changes from either current land use or current zoning are recommended are highlighted below. 1.This land use planincludes changes designed to improve the function and appearance of existing community centers, including the Hamlets of Chelsea, Hughsonsville,New Hackensack, Swartoutville and Myers Corners, and the proposed Old Route 9 District. 2.The Obercreek area, which is north and west of Hughsonville Hamlet, is an extraordinary public resource as a scenic and historic area. This area is also important as it provides a historic rural context adjacent to the Wheeler Hill Historic District. The area includes over 100 acres of open farmland, separated by mature tree lines and stone walls. There are also over 100 acres of forest in the area. The open farmland provides opportunities for continuing agricultural use of the land, which is necessary to preserve the rural character of the area. The farmland portions of the Obercreek area also help provide visual contrast to the Hughsonville Hamlet, and help to maintain a clear visual edge of the hamlet. These existing farmland and rural portions of the Obercreek area should be protected in their present rural form to the greatest extent practicable. At the same time,the portion of the Obercreek property in the vicinity of NYS Route 9D at the southern end of the Hughsonville Hamlet offersanopportunity to reinforce the Town of Wappinger Comprehensive Plan93 Land Use hamlet with traditional Village-scale residential developmentand enhanced vehicular circulation.Similarly,thereis an opportunity just south of the Village of Wappingers Falls for a comprehensively planned higherdensity residential neighborhood with substantial buffering for neighboring properties. The provision of higher density housing inthesetwoareaswouldstrengthenexisting communities while protecting more sensitive, rural areas from development 1 pressures. 3.Currently, there is a mismatch between the capacity of the land to absorb waste water and the allowable density of dwelling units in the northern part of the Town. The Town can correct this mismatch by rezoning lands not currently within a sewer district to lower densities, and by rezoninglands outside of areas planned for sewer service to even lower densities. 4.Other areas recommended for a change to low-density residential are an area south of McFarland Road and east of Route 9,and an area on Route 9D south of Ketchamtown Road. 5.Other areas to be changed to high-density residential to make existing trailer parks more conforming in terms of zoning includethreeareas in the Route 9 Corridor (on Cooper Road, on Osborne Road, and on Route 9 and Smithtown Road)and one area at the junction of Pye Lane and Montfort. An existing trailer park on New Hackensack Road northeast of Lakeside Road is currently zoned RMF-3 but the density of dwelling units on the site is approximately 4.7 units per acre. This site should be changed to RMF-5 zoning to make the site more conforming. 6.The Route 9 Corridor consists of a patchwork of Highway Business, Highway Office, and Highway Design zoning districts, and the northern section is partially under the control of the Village of Wappingers Falls.The Town should initiate a discussion with the Village of Wappingers Falls with the goal of coming to a consensus on the use of land in the northern section of the Route 9 Corridor. In the southern section, the Town has an opportunity to create uniform standards regarding setbacks, landscaping, and access to sites which could improve the character and function of the Corridor. 1 Text changes suggested by Alex Reese and Jennifer Van Tuyl. Town of Wappinger Comprehensive Plan94 Land Use Goal Guide the dev elopment of the Town in a way that preserves environmentally significant features, improves housing choice, and encourages a balanced economy. Objectives A.Designate areas of the Town intended for low- density residential development, farmland protectionand open space. B.Designate areas of the Town that are well situated for medium- and high- density residential development. C.Designate areas of the Town that, due to transportation links, the intensity of proximate land uses and other features, are appropriate for current and future use as Town centers. D. Designate areas of the Town where only commercial, industrial or institutional land uses are appropriate. Land Use Plan The plan for future land use in the Town of Wappinger is depicted in the Land Use Plan Map, and is further identified and explained in this section. The following categories are a part of the land use plan. The purpose, definition and location of each land use category are described below. x Residential–Low Density x Residential–Medium Density x Residential– High Density x Affordable / Workforce Housing Overlay Zone x Hamlet x Mixed Office / Retail / Residential x Commercial Town of Wappinger Comprehensive Plan95 Land Use x Conservation Commercial x Offices x Conservation Office Park x Industry x Institutional x Recreation x Floodplain and Conservation Residential– Low Density This category calls for two- to five-acreminimum lot sizes to protect groundwater supplies and quality (both of which have gradually diminished over the course of the last 30 years of housing development) and to prevent the incidence of septic system failure, as soils north of Widmer Road and Myers Corners Road, and west of Route 9D generally pose severe limitations to the proper functioning of septic systems. This Low Density Residential area is also intended to help preserve open space in the areas furthest from central sewer service and in areas with clusters of protected forest and parkland and working farms.Finally, theLow Density Residential areas are intended to limit traffic burdens on rural roads and hamlets. Within the Low Density area, new residential uses are expected to rely on individual or group septic systems designed to protect groundwater quality, with a residential density no greater than one unit per two acres. The use of private treatment plants should be discouraged. As in the Residential– Medium Density category, cluster development should be encouraged, as long as it is designed to rely either on individual private septic systems or a collective septic system. The category includes areas east of the Maybrook Rail Trail in the northeast corner of Wappinger, the sensitive uplands and wetlands that surround Smithtown Road, and the southwestern corner from the Hudson River inland to Route 9D and east of 9D along both sides of Stonykill Road. Residential–Medium Density The one-half to one-acreminimum lot sizes of this residential area cover most of Wappinger.This area extends from the proposed Maybrook Rail Trail west to Hughsonville and parcels west of Ketchamtown Road. It includes lands east and west of the Route 9 Corridor, with the exception of theGreenfly Wetland and the steep slopes and wetland areas around Smithtown Road. Town of Wappinger Comprehensive Plan96 Land Use Much of the area is already devoted to residential development at densities of one-half to one acre per lot. The one-half acre lots are concentrated within the area currently zoned R-20 both west and east of Route 9, and west of Lake Oniad and Myers Corners along Old Hopewell, Myers Corners and Widmer Roads. To protect groundwater quality and to support central utilities, new development within this area should either connect to central sewer systems within existing sewer districts or sewer improvement areas, or be designed to connect to the regional municipal sewer system. Cluster developments should be used where appropriate to preserve natural features, such as riparian buffers, open space / conservation areas shown on the Land Use Map, and to allow for more cost-effective utility systems and roads. Residential– High Density This category includes multi-family (apartment) housing, townhouses, and duplexes. It covers scattered sites in the Route 9 Corridor and three existing locations on the southwest and northeast ends of Town. This category currently includes over one-third of the existinghousing units in the Town,which comprise 9% of all residential land uses. This Land Use Plan proposes that high-density residential districts be eligible for density bonuses for affordable/workforce housing andaffordable senior housing.Under this plan,adensity bonus would be available if a specified portion of the additional housing unitsare affordable to working residents and a density bonus would be available if a specifiedportion of theadditionalhousing is age-restricted to seniors.Specific guidelines and definitions would be established through local legislation. Workforce/SeniorAffordableHousing Overlay Zone An overlay zone applies an additional layer of incentives or controls over an area, which determines the way in which the underlying zone functions, or add uses and standards which would not ordinarily apply to the underlying zone.TheWorkforce / Senior Affordable Housing Overlay Zonewouldencourage the construction of housing that is affordable to working people and seniors in the Town through a density bonus. The bonus would be available if a specified portion of the additionalhousing developed is affordable to working people in the Town or seniors. Specific guidelines and definitions would be established through local legislative action. Conservation Residential This category includes lands with special environmental features and scenic value. The intent of this category is to recommend that housing development in these areas – the Meadowbrook Farm area near Myers Corners and the lands surrounding Chelsea Hamlet Town of Wappinger Comprehensive Plan97 Land Use – be developed only through cluster development, concentrating residential uses in areas with the least impact and preserving large areas with scenic and environmental value. Hamlet Two historic hamlets within the Town demand special attention in the land use decision- making process: Hughsonville and Chelsea. The land use plan designates as hamlets the existing densely settled portions of these areas, and a limited amount of undeveloped land on their perimeters. The plan calls for carefully designed zoning and transportation improvements needed to preserve the character of these areas and to ensure that surrounding development pressures willnot destroythe functionality oftheir road systems and theirhistoric character. This plan proposes expanding the Chelsea Hamlet to an area roughly the same size as Hughsonville.The development of the lands surroundingthishamlet shouldbe encouraged to beclusteredto preserve the sharp visual contrast between the hamlet and countryside. If sewer and water service can be extended to this area (perhaps through cooperation with the Town of Fishkill) this area could accommodate the need for housing through the traditional development pattern of a hamlet. This would help deflect development pressure from the rural areas of the Town. Providing additional public access to the Hudson River and controlling futuretraffic through the hamlet are also essential to futuresuccess.Regarding current land uses, careful monitoring of drinking water quality and vigilant maintenance of individual septic systems is needed until central sewer and water systems are available. In Hughsonville, mixed residential and commercial uses and building renovations are needed, along with a plan for accommodating increasing traffic volumes through the hamlet (see Transportation and Community Character Chapters for a more detailed explanation of proposed solutions and a graphic rendering of the District Design Plan for Hughsonville). Also, dimensional requirements for lots within thishamlet should be revised to reflect the existing, traditional development pattern and bring the majority of the lots there into conformance with zoning.For instance, many attractive lots in Hughsonville are between 50 and 70 feet wide, and between 90 and 170 feet deep. Total lot size in the hamlet ranges from 3,500 square feet to 25,000 square feet. Lots of 4,000 to5,000 square feet are in keeping with village and hamlet patterns throughout the region, and generally function well where central utilities are present. Swartoutville,a third hamlet at the junction of Route 82 and All Angels Hill Road in the southeastern corner of the Town, is nestled betweensteephillson the west and the floodplains of Sprout Creek on the east. This Land Use Plan recognizes this hamlet throughitsinclusion in the Hamlet land use category. Town of Wappinger Comprehensive Plan98 Land Use The preparation of concept plans for the Chelsea and Swartoutville hamlets (such as has been done for the Hughsonville Hamlet as part of this Plan), should be accomplished in the future. Mixed Office / Retail / Residential This use is intended to foster a compact, vibrant community center for the Old Route 9 District. The Town envisions a carefully arranged complex of shops and offices, with residences above or behind buildings fronting main roads.Further development of details for the Old Route 9 District will follow after this Plan. Commercial The purpose of this category is to allow for the continued commercial use of areas in the Route 9 Corridor, in Myers Corners, and near the airport. These areas are generally zoned as Highway Business, Highway Design, General Business or Shopping Center. Due to the Town’s interest in protecting and enhancing the character and appearance of the community, the areas planned for commercial use along Route 9 have not been expanded. Businesses will be encouragedto make more efficient use of existing commercial areas. Conservation Commercial TheConservation Commercial category appears in areas where commercial uses already exist or would be more appropriate than any other use, but where severe environmental constraints dictate that development be carefully designed and built at a relatively less intensive scale than in other commercial districts.For this reason, gasoline stations shouldnotbeallowedin the Conservation Commercial zoning district.Thethreeareas shown are the lands between Route 376 and the Maybrook Line, a small area south of Myers Corners Road near Route 9 and the area along both sides of Route 9D at its northern intersection with Old State Road. Office The land use plan devotes several areas to office uses as a way of providing for new employment opportunities, a broader Town tax base, and better organized land uses along Route 9. The office uses planned outside the Route 9 Corridor are on the southwest end ofDutchess County Airport. Conservation Office Park Areas appropriate for office uses, but which contain extensive wetlands, streams or steep slopes, thereby requiring special treatment, are included in the Conservation Office Park Town of Wappinger Comprehensive Plan99 Land Use (COP) category. This category represents the greatest opportunity for the large-scale development of attractive, environmentally sensitive non-residential uses that could expand the Town's tax base and make its economy more secure. Imaginatively designed office campuses in these areas would leave ample open space networks and could incorporate wetlands and streams as site amenities. Thearea designated for this land use is the “Contrail” property west of All Angels Hill Road and north of Tor Road. Industry Industrial areas have been designated to the northeast of the Airport, in the area of the former IBM facility just west of Myers Corners, and on the southern end of the Route 9 Corridor.This represents a significant strategic change from former land use plans, whichsought to encourage primarily office and office/research uses. The 1988 Plan had only one small site designated as industrial – the lumber company site on the Hudson River. With IBM now gone, and with the Fairchild property still underutilized, the Town has begun to diversify its land use strategy. Institutional The institutional category includes existing public facilities that are not also recreation areas or floodplains, and includes school grounds, the TownHall and Emergency Services Building, the Chelsea pump station owned by New York City, fire department propertyon Myers Corners Road, and the Dutchess County Airport. In the event that additional schools or other public facilities are needed in the future, specific siting studies should be undertaken to determine the best locations. Open Space TheOpen Space category includes areas of the Town intended to remain green space, because of important or fragile environmental features.This category includes 100-year floodplains and lands not owned by the Town but which are publicly owned lands for active and passive recreation (primarily the New York State Stony Kill property), and lands conserved in perpetuity. The plan proposes that these areas be kept permanently undeveloped. Recreation Town of Wappinger Comprehensive Plan100 Land Use This category includes Town-owned lands that are used for active and passive recreational purposes, and any proposed lands for such use (such as the lands to the north of the Dutchess County Airport, adjacent to Wappingers Creek). Recommendations 1.Revise Hamlet zoning to work with existing hamlet settlement patterns and to reduce the occurrence of nonconforming lots. Lots of 4,000 to 5,000 square feet in size are in keeping with village and hamlet patterns.For instance, many attractive lots in Hughsonville are between 50 and 70 feet wide, and between 90 and 170 feet deep. Total lot size in the hamlet ranges from 3,500 square feet to 25,000 square feet. Providing sewer service to the area will help achieve land use goals and minimize environmental problems associated with waste water disposal on existing lots. Small lot sizes can also be a way of encouraging affordable housing. By encouraging small lots with central sewer service, developers have an opportunity to construct modest-sized houses on these lots and sell them for more affordable prices. 2.In order to preserve the particular rural and scenic qualities of the Obercreek area, andtoreinforce the hamlet of Hughsonville,revise zoning in and around Hughsonsville, to include the followinginter-related landuse changes as representedon the large-scaleObercreekArealand use map (Figure IX-3): a.Extend Hamlet zoning to the west of the current hamlet area; b.Change a medium density residential area opposite Ketchamtown Road on Route 9D to low density; c.Change a medium density residential area north of the hamlet and just south of the Village of Wappingers Falls, on land that has direct access to the sewage trunk line, to high density residential land use. Other recommended adjustments toresidential density in this area include allowing medium density residential in small areas along Marlorville Road north of the hamlet and in two locations where there are existing houses along Creek Road. Due to the scenic and historic nature of the area and to maintain the visible definition of the hamlet, low density areas to the north of the hamlet should be zoned for three- to five-acre minimum lot sizes. Conservation easements should be encouraged where even larger lot sizes are proposed in the rural and open farmland areas. Town of Wappinger Comprehensive Plan101 Land Use These changes represent an inter-related and comprehensivezoningprogram to reinforce the hamlet of Hughsonville, while strengthening the distinctiveness of the hamlet from its outlying environs, and to preserve the unique character of the farmland and rural areas of Obercreek. All changes are intended to be enacted 2 together. 3.Develop a zoning district to implement the mixed retail, office and residential uses intended for the Old Route 9 District in the Land Use Plan. 4.Consider zoning changes in the areas between the Wildwood Sewer District and Route 376, where there are several parcels of 10 or more acres which have the same severe soil constraints as other areas in the Town with high rates of septic system failure. Within this area, two areas near the intersection of St. Nicholas Road and Widmer Road are zoned for half-acre lots, and the rest is zoned for one acre lots.These areas should be rezoned to R-80. The area outside of the WST/TIA boundary to the north should be rezoned from R-20toR-80 and the area to the northeast from R-40/80 to R-3A to reflect the unsuitability of the soils there for septic systems, the need for more area for absorption of septic flow, and the fact that there are no plans to extend sewer service to these areas. The other areas that have soils with severe septic limitations andare not within existing sewer districts are either already largely developed according to existing zoning, or are zoned for two-acre lots, posing less of a demand on the soils. 5.Inthe residential zoningdistricts with variable densities (R-20/40 and R-40/80), the intermediate densities of 30,000 or 60,000 square feet should be eliminated, in that these zones allow for these densities under circumstances that may not be environmentally sound. Currently, the intermediate densitiesare allowed if either central water or central sewer are present. Central water without central sewer will protect homeowners from some public health consequences of failing septic systems, but will not protect the overall environment from failing systems. Conversely, central sewer without central water will not protect homeowners from droughts and other potable water problems. 6.In order to improve the function and appearance of the Route 9 Corridor, the Town should consider offering density bonuses for development occurring on larger lots. This would encourage the assembly of small lots, which would result in fewer curb cuts, greater opportunities for landscaped buffers along the highway’s edge, better internal circulation and better traffic flow on Route 9.The Town should also study the appropriateness of current zoning in the Route 9 Corridor and the possibility of consolidating two or more zones in the corridor, or 2 Text changes to Item 2 suggested by Alex Reese and Jennifer Van Tuyl. Town of Wappinger Comprehensive Plan102 Land Use developing uniform dimensional regulations for lands within the Corridor. The study should examine current land uses, current lot sizes, existing lot widths and depths and setbacks. J:\DOCS2\500\Wappinger\Comprehensive Plan\RevisedChapters\Land Use 12-8-06.doc Town of Wappinger Comprehensive Plan103