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UntitledTOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK ------------------------------ IN THE MATTER OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER ----------------------------------- STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) R AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on June 12, 1969, your deponent posted a copy of the attached notice of Public Hearing on the Ordinance Amending the Zoning Ordinance of the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. i Elaine H. Snowden, Town Clerk Swornto before me this 1 r day l of�-- 1969. Notary Public F. W!l SON MctEAN Notary PubAc of New York State mardPa owtatteaa coupty Cenwlaalee ex►Irea March 30, 19 "% AN ORDINANCL AMENDING THI� ZONING ORDINANCE OF THE TOWN OF NAPPINGER The following Ordinance was introduced by Councilman who moved its adoption7 4E 11 RESOLVED AND ORDAINED by the TOWN BOARD of the TOWN UP WAPPINGER, Dutchess County, New York, in pursuance of the author.- ity conferred by the 7ovn Law of the State of New York, that the ZONTNG ORDINANCE of the Town of Wappinger ampted January 29, 1W ao amended, is further amended as follows; Section 1 - Article !!I entitled "Establishment of Districts'' Ls amendea by adding thereto the following classification A 0-R OPPICE RESEARCP'' Section if - Article X entitled "General Rejulatinns" is hereby amended by addinq thereto the following subdivisions-. Section 425 - Mice Research -- U -IR ZONE; The intent of this district is to encourage and facilitate the orderly development of office and industrial research enter- prises in a settinq conducive to public safety. economic stabiliv, and growtK: prctcct!Dn Yromblight, deterioration, and encioacn- tent of non -compatible uses, and efficient traffic noverent. wit ction In an Q -R Office Research District, no building or land shal! ie used, and no 1. ,r shall be erertnd or a3ternl, which is arranged, intended, or designed to be ased, in whole or in part, Coy any uses, except the fallowing� A. Uses allowed of right. None B. Uses allowed subject to site plan approval by :he Planning Board- Placos whera financial, inowraoce,, RECOMMENDATION WITH STATEMENT OF REASONS ZONING REFERRAL 69-55 - TOWN OF WAPPINGER Re: Proposal to Establish 0-R Office Research Classification Pursuant to General Municipal Law the Town Board of Wappinger referred to the Dutchess County Department of Planning a proposal to establish, as part of the Town Zoning Ordinance, an 0-R Office Research District Classification. Said general amendment affects property lying within 500 feet of State and County roads as well as the Town's municipal boundaries. ANALYSIS Subject amendment calls for inclusion as part of Article III Establishment of Dis- tricts the classification 110-R Office Research." It also seeks to add to Article IV General Regulations a new Section 425 "Office Research (0-R) Zone." It does not propose to zone any specific area in the Town of Wappinger as 0-R Office Re- search; the amendment does not include any change in the Zoning map. Since no specific area is proposed to be rezoned at this time subject amendment has no direct effect on inter -community and county -wide development. Neverthe- less, revs-ew of the proposal raises questions which the Town Board should con- sider and which indirectly affect overall development. These deal with the format of the amendment vs that of the ordinance. The basic question is "Why isn't the 0-R District regulation added to existing sections so as to be consistent with the format of the present ordinance?" The proposed amendment creates a new section, introduces a new format and establishes (to some extent) double standards. The ultimate result is likely to be confusion in administration and a weakening of town enforcement. The following shows how the proposed amendment could easily be included as parts of existing sections to avoid future administrative and procedural problems. First, include proposed sections 425, 425.01 and 425.02 as a part of Section 423 in the following manner: OR Office Research (Subject to site plan approval by Planning Board. See Section 440.) -2- 1. Offices where financial, insur- ance, real estate, data processing, or like businesses, or professional, accounting, or like services are sup- plied or performed, including, but not limited to, buildings or rooms in which clerical work is performed, or buildings or rooms utilized for the workof administration. 2. Research and/or development and/or engineering laboratories. 3. All uses shall meet the require- ments of Section 440 and must conform to the following provisions: (a) no smoke, gas, dust, fumes, odors, or other atmospheric pollutant, noise, vibration, glare, radiation beyond building in which such use is conducted (b) such use shall not constitute a fire, explosive or other physical hazard Normal accessory buildings or use customarily inci- dental to a per- mitted use. (c) no water, atmospheric pollution or other health hazard shall result from the use of such land or structure (d) no work or services shall be per- formed except in an enclosed, permanent structure, except for the maintenance of the grounds. 4. Any change of use from that set forth in the original application for site plan approval shall require a new application to the Building Inspector for a Certifi- cate of Occupancy. Second, proposed sections 425.03 thru 425.06 would best be included as an amendment to Section 424 "Business and Industry District Standards" by adding the following column. .I f Lot Area Lot Width a Lot Depth Front Yard* Side Yard* Rear Yard* Max Height: Stories Feet Max Coverage*" (All Buildings) Required Off -Street) Parking and Loading) Space ) _g_ OR Office Research None 50' None 125' g g 35 e 25% f as required by Section 450 e. A water tower may be erected to such height as permitted by site plan ap- proval. f. Outside parking may not exceed thirty-five percent (35%) of the lot area. Open Space without any structure or parking area must be maintained as lawn or in its natural state (except for roadways and access drives) to the ex- tent of the lot area. g. Subject to site plan approval except that no building on any lot shall be nearer than 200 feet to any Residence District Boundary. Third, the provisions of proposed Section 425.09 and 425.10 re parking and loading areas should be incorporated as part of existing Section 450. In fact, the ordinance already covers some of the uses proposed for office research zones, but the space requirements are different from that suggested by the amendment. For example, the amendment calls for one parking space for every 500 sq. ft. of gross floor area in professional offices (architects, attorneys, etc.); the zoning ordinance now requires 2 spaces plus 1 for each 300 sq. ft. of gross floor area. Fourth, Sections 425.07, 425.08 and 425.11 could be incorporated under other sections of general regulations or included as part of Section 423 above. RECOMMENDATION The Dutchess County Department of Planning recommends the Town Board, if it favors inclusion of an 0-R Office Research classification in the Town of Wappinger Zoning Ordinance, use the format of the existing ordinance and in- corporate the proposed provisions as parts of existing Sections 423, 424 and 450. The Dutchess County Department of Planning does not presume to base its recommen- dation upon the legality or illegality of the facts or procedures enumerated in said zoning action. Dated: June 26, 1969 �. Henry Heissenbuttel, ommis inner Dutchess County Dept. of P arming rc!al- estate, data processing, or like businesses, or pro-feFsional_' account -in,:,,, or like services are supplied operformt!d, including, but not Alimited to, bu3..ldinq9 or rooms in lehici-' clerical", wOrf" is or or ,co owls L,-tilfzed for t.tie work, o.- admirlist--ation. an.(I/or- deve-1 -ment an6/or !aboratories, anu acce�ssory uSes- C An-; (I of i so f rc)7j set. a applilc%€tioll for Site approval +-o t�ie 3ul-'-ricatc of occupa."IcN, id,:.r1q, InspectoOr r - a -err t Section 4 2 0 2 'C' 1' t -e Plart Approval The set forth in Section LC es sub-�er-�t z --o iryl pr"Jvislons- er ot0er, J yond V i b ra t.L o n a e r� zi, rk e in I's E-ucl. F, 4 V C ar c -,the-- physical c) ije, wal:er, pol Ii.3t"i-on ,'-r otC.1-ler ltlealtb the �.jsc- (,f s,�jcfj land or z-tructurc."' n,azaro shall result_ -N d SeVjij:�es slia,1.1 I)e �,e�formi!:�-d except in an emclosedw permanent st-r?,Ictuyc— s!xcf--,pt for the mlairitenanco of - section 425;.03 --tui.dinsor Structures - lieiql'it .-trict>",.re or portior of a !3t,1-ucture- 3hci'.,L-1 ne. erected to a RR ,,.wever, tc sach e ry tted, e r , .o plau" a'-'Provl,-.� 1 -4 1 A TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL. 297-9941 -3. - Section 425M - Lot Area and Frontage Each ict in separate ownership must front on public street at least to the extent of 50 Eeet., Section 425.05 - Maximur Coverage Ali buildings on any lot, including main and accessory buildings, shall occapy no more than a total area of twenty-fivo per cent (25%) of the ayea of such lot, outside Parking area may not exceed thirty-five per sent (35%) of lot area. I Open 5pacav Area without any structure or parking area, must be maintained st least to the eNtent of 40% of lot area s"ch area shaII be raintained as lawn or in its natural state, except for roadways or access drives. Section 425-06 - Yards. Yards shall he subject to site plan approval. No buildings an any lot shall be erected nearer to any street right- of-way line than 125 fact, or nearer than 200 feet to any Wesi Zone Boundary. Section 425.07 - ScreenQI,;RQ,Lqnd;F;pIp S Slufficient hedges, fences. or walls, of a design and material subject to approval by the Planninq Ward, shall he pro- vided. All required 3creening and landscapinq shail he maintained tnroughout the jife of any use for which a Certificate of Occupanc is Irartnd, Section 425.08 - Ingress-and—Egress, roi each lot there stall be adequate ingress and egress driveways with a minown width as follows,, A, For one-way drivewaya - 16 ft. pavemenr width 2, cox Wo -way driveways - 25 ft, pavement WWI, 4 - Section 425.,09 - 0-'I17-f-Street_Par . -,jyjq Requiruw,,ents No parkinq ar;Ce shall be closer t o a. Residt-ince BoLirida.­,J . I It1rian two t!-jazi fif*ty (5o) feet. shall Provideu !'Ot- square feet ozE a_`,oa (inclusi.ve of aisles-, L.10'_' exClus­'Ve access d1rives or square fout o 9.x OS floor area 'wir S,j­t not iess nuizioc-'r 1�- Gr"ac'_'s J_ I - exceptions: A. jjaArkss, jy,_;s.4.rjess offices rj�'t c)tjiey-i�,ise spec -i -f -i -ed, one space for, ever,, 2cto square feet o1jqross fioc-r are-f,plus one parking space for e-vr-�,ry tliree employees, spac -fces ..one e dorievery i7i. Business serv'ice ofi for each two s­*'.1are ferc-_t 0- area plus one Spa -CE eir)lo yees. 0i - IP , ( t-cts, attiorneyot s, accunants'. f--ces -) 141 archi�e insurance �:tf f,ices, and otlier pro- ngi i. - -neers, real OnUit,�::, Of"iCeS, ,pessional of fices inV the r-ati -o of visitor -s to gim.ilarly low - one for evc�xkj 530 square feet of .gross fIO()Y area, plus one parkimc,F ,-;rjace fcnr act -I t-wo D. ;Oners of Iiezaiiw. D. of of PractitA. Arts and Sciences: to (110) spaces shall be provi.,_I'e­d to the I'-_JrLvIt -h' second and ti��ircl oraCtit"iOTle-' eighl (8) soaces each for . Q Practi.t.ioners, anal six (6) spaces for e�ach a,".Jdj.tjorial 7 -,)re: c tit lorle Re sear and/or development labora-tories ,C sL)alce for every twc� emrloyees for- wjich the biuilding is but not less than one spar_ -e for every 600 square feet gross D r jj:4� Toading 't? Section 4 21-4 , 1-0 All _Ioacil:n(and unloadinq shaI.-I. take P].'ace th c, r e a r cl f .zt T! Nj' ng t e i t h e r on E- '-i "-i D( --,t nearer t.1-ia-ri feet any Y�esiden(-e fioundary sectjx_m 425,11 N lrr),ies, gooti-s, .�;eIbris, or, wor!, prot..Iuct`„ 1, 0 m;ateriai' �." L.- shall be located cr stored routside of any building, All areas used for refuse disposal or storaqe of waste cans or other waste apparatu3 shall he enclosed by snitable screening or fencing as required by Planninq board in site Plan Approval ao trailer, temporary structure, trailer truck or ot4er structure which has not been WrOved by tte Planninq Board in I the site plan approval shall be used or Placed On the premises for storage or any purposes except during the period of con structil of any permanent building Oa the premises. Section III - This ordinance shall taie effect immediately upon adoption and posting as provided by law. Iseconded by CouncOnan ii PLANNING BOARD TOWN OFWAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL. 297-9941 June 5, 1969 Town Board Town of Wappinger Mill Street Wappingers Falls, New York 12590 Gentlemen: On May 12, 1969, you referred to our Board for recommendation, the proposed amendment to the Zoning Ordinance for establishing an O-R(Office-Research) Zoning District. At our May 19th meeting, a motion was unanimously carried to recommend that the Town Board adopt said proposal. Yours very truly, C � Robert Y. Heisler, chairman Town of Wappinger Planning Board RECEIVED JUN 5 1969 ELAINE N, SNOWDEN PROPOSED ZONE OFFICE RESEARCH -- 0-R ZONE The intent of this district is to encourage and facilitate the orderly development of office and industrial research enterprises in a setting conducive to public safety, economic stability and growth; protection from blight, deterioration,, and encroachment of non -compatible uses, and efficient traffic movement. Section I In an O -R Office Research District, no building or premise shall be used, and no building shall be erected or altered, which is arranged, intended, or designed to be used, in whole or in part, for any uses, except the following: A. Uses allowed in right. None Ba Uses allowed subject to site plan approval by the Planning Board: 1. Offices - Places where financial, insurance, real estate, data processing, or like businesses, or professional, accounting, or like services are supplied or performed, including, but not limited to, buildings or rooms in which clerical work is performed, or buildings or rooms utilized for the work of administration. 20 Research and/or development and/or engineering laboratories. 3. Normal accessory buildings and accessory uses. C. Any change of Tenancy shall require a new application to the Building Inspector for a Certificate of Occupancy. -2 - Section II Uses subject to site plan approval must conform to the following provisions: a) No smoke, gas, dust, fumes, odors, or other atmospheric pollutant, noise, vibration, glare, radiation beyond building in which such use is conducted. b) Such use shall not constitute a fire, explosion, or other physical hazard. c) No water pollution or other health hazard shall result from the operation of such use. d) No work or services shall be carried on except in an enclosed, permanent structure, except for the maintenance of the grounds. Section IIT Buildings or Structures - Height No building or structure shall be erected to a height in excess of three (3) stories totaling thirty-five (35) feet. Section IV Lot Area and Frontage Lot must front on public street. Width of street frontage and lot area are subject to approval of Planning Board. Section V Maximum Coverage All buildings on any lot, including main and accessory buildings, shall occupy no more than twenty-five per cent (25%) of the area of such lot. -3 - Open space: Area wit:aout any structure and parking area, must be maintained at least to the extent of 40% of lot area. Section VI Yards Yards shall be subject to site plan approval. No buildings on any lot shall be erected nearer to any street right-of-way line than 125 feet, or nearer than 200 feet to any Residence Zone Boundary. Section VII Screening and Landscaping Sufficient hedges, fE>nces, or walls, of a design and material subject to approval by the Planning Board, shall be provided. All required screening and landscaping shall be maintained throughout the life of any use for which a Certificate of Occupancy is granted. Section VIII Ingress and Egress For each lot there shall be adequate ingress and egress driveways with a minimum width as follows: A. For one-way driveways - 16 ft. pavement width B. For two-way driveways - 25 ft. pavement width Section IX Off -Street Parking Requirements No parking area shall be closer to a Residence Boundary than fifty (50) feet. There shall be provided not less than two square feet of parking area (inclusive of aisles, but exclusive of access drives or roads) for eNrery square foot of gross floor area with not less than the follow ---ng number of spaces for the following exceptions: A. Banks, business offices not otherwise specified, one space for every 200 square feet of gross floor area plus one parking space for every three employees. B. Business service offices - one space for every 500 square feet of gross floor area plus one space for each two employees. C. Offices of architects, attorneys, accountants, engineers, real estate offices, insurance offices, and other professional offices in which the ratio of visitors to employees is similarly low - one space for every 500 square feet: of gross floor area9 plus one parking space for each two employees. D. Professional offices of Practitioners of Healing Arts and Sciences: ten (10) spaces shall be provided for the first practitioner; eight (8) spacer each for the second and third spaces practitioners, and six (6� for each additional practitioner. E. Research and/or flevelopment laboratories: One space for every two employees for which the building is designed, but not less than one space for every 600 square feet gross floor area. Section X Off -Street Loading Requirements All loading and unloading shall take place entirely on the lot, either on the side or in the rear of any building, and not nearer than 100 feet from any Residence District Boundary. Section XI Outside Storage No material, supplies, goods, debris, or work products shall be located or stored outside of any building. All areas used for refuse disposal or storage of waste cans or other waste apparatus shall be enclosed by suitable screening or fencing as required by Planning Board in Site Plan Approval. No trailer, temporary structure, trailer truck or other structure which has not been approved by the Planning Board shall be used or placed on the premisE:s for storage or any purposes except during the period of construction of any permanent building on the premises.