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HomeMy WebLinkAboutAmend. to Ch. 280 - Affordable Housing Dist. OFFICE LOCATION: ,�� � MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 �, Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY � Telephone: 631 765-1938 www.southoldtowirmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Town Supervisor Members of the Town Board Denis Noncarrow, Town Clerk From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: February 23, 2023 Re: "A Local Law in relation to Amendments to Chapter 280 Zoning,-in connectionwith the A�lc)r�,lgb e l�lou i�District" The Planning Board supports the proposed code amendment to strike the 24-unit cap per site in the Affordable Housing District based on the following: 1. Consistency with the Comprehensive Plan The proposed amendment is consistent with the Southold Town Comprehensive Plan (2020) Land Use, Economic Development, and Housing Chapters' goals and objectives related to affordable/attainable housing. 2. Restrictions on Density The limiting factors regarding affordable/attainable housing density in the Town is the bulk schedule requirements, parcel size, and sanitary flow. The size of a parcel and the amount of buildable land with the required infrastructure dictates the total number of units allowed on one parcel. The 24-tinit cap placed on these projects has challenged developers looking to create affordable/attainable lousing within the Town to the point of an inability to make them feasible under the Affordable Housing District. Comparatively, other east-end townships allow more units (50+) within their affordable/attainable housing developments. 3. Advances in Environmental Protection The Southold Town Comprehensive Plan emphasizes the sustainable management of natural resources within the Town. Managing ground and surface water quality is a priority. Since the enactment of the original law and the 24-unit cap per site, significant technological developments in wastewater treatment in the Town have been made available. The Hydro-Action and FujiClean Innovative/Alternative Onsite Sanitary Wastewater Treatment Systems (I/Ao WTS) are proving very effective its treating total nitrogen. The FujiClean systems have been shown to reduce total nitrogen to 10.2 Ing,/L; far below the 19 mg/L benchmark set by the Suffolk County Department of Health. The Suffolk County Department of Health has also adopted policies and programs to further control sanitary flow in Town. They generally will not allow over double the density of sanitary flow on a parcel. More recently with these advances in wastewater treatment, they have developed a"Super Offset" program to go allow over double density with specific criteria. This program requires the integration of I/A OWTS in design and using additional sanitary flow credits on a two-to-one basis. Corresponding to this program, the Town has adopted a Sanitary Flow Credit Program for the purposes of developing affordable/attainable housing. When the Town purchases land for open space preservation, sanitary flow credits are transferred into the Sanitary Flow Credit Program(farmland development rights purchases do not generate sanitary flow credits). The credits then can be delivered to a developer to increase density on the site over the parcel calculated yield and sanitary flow. These programs and new technologies have opened a path to address the affordable housing/attainable housing crisis in the Town by allowing sufficient density on parcels to make them viable. 4. State Environmental Review Assessment(SEQR) Any affordable/attainable housing project must be assessed by the New York State Environmental Quality Review Act (SEQR), which establishes a process to consider environmental factors in the planning stages of actions. The process allows the lead agency to make informed decisions on ways to avoid, minimize or mitigate any potentially adverse environmental impacts and consistency conflicts with the Southold Town Comprehensive Plan. This adds a level of checks and balances to any future affordable/attainable housing proposal under Town review. Please contact our office with any questions. Cc: Paul DeChance, Town Attorney 2 U I ; c', OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov COUN -C PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Town Supervisor Members of the Town Board Denis Noncarrow, Town Clerk From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: January 23, 2023 h Re: "Af,ocall.,awingel ationtoA,mendtnciit–st—o (,LllvLC-, E..�7t�(,)-�/2.gLLi_Dg,LqSg ign wi the Affordable Housing District" The Planning Board supports the proposed code amendment to strike the 24 unit cap per site in the Affordable Housing District based on the following: 1. Consistency with the Comprehensive Plan The proposed actions are consistent with the Southold Town Comprehensive Plan (2020) Land Use, Economic Development, and Housing Chapters which include goals that support the creation of affordable/attainable housing. The goal states: Goal 8: Enable the Creation of Attainable Homes The Town must take steps to facilitate the creation of attainable housing in Southold. There is a housing crisis in Southold Town. The prices of most homes, to purchase or rent, have increased beyond the ability of many residents to pay. This topic and related goals and objectives are covered in more detail in Chapter 7, "Economic Development, " and Chapter 8, "Housing. Correspondingly the Land Use Chapter includes the long-term goals identified in the 2007-08 Hamlet Stakeholder Initiatives, as well as current issues identified by the public over the course of the many meetings that have been held. The goals for the Hamlet of Mattituck pertaining to affordable housing states: F. Affordable, attainable housing is important, and the most acceptable model is converting an existing large house to several apartments, rather than large, new developments. Chapter 8, "Housing, " addresses this issue in more detail. The Economic Development Chapter includes Objective 1.8 Seek to reverse the "brain drain" through the attraction and retention of recent college graduates and young professionals to the Town's diverse workforce. B I Ensure an array of housing alternatives—including both affordable and workforce options—that meet the needs of recent college graduates, young professionals and other members of the Town's diverse workforce. A diverse housing stock—both affordable and workforce, rental and owner-occupied—is needed Lastly, the Housing Chapter supports the creation of affordable housing in Goal 1 Create Affordable Housing. The goal emphasizes the need to review the adaptive reuse of existing housing stock and commercial structures, i.e., renovating them as a way to increase the housing inventory without harming the visual landscape. This proposed amendment meets the above goals and objectives. 2. Consideration of the Hamlet Center and HALO Areas Hamlet Area Locust Zone (HALO) areas were generated during the Town of Southold Hamlet Study (2005) by the Town Board and community stakeholders working with the Planning Board and a consultant to direct future growth. Responding to stakeholders, the Town Board officially adopted the HALO area boundaries in 2007 on maps as "official planning documents"to target where residential density could potentially be developed and transferred (shifted) from agricultural lands in conjunction with a transfer of development rights program that was proposed and outlined in the Draft Generic Environmental Impact Statement Town of Southold Transfer of Development Right Program (2008). The transfer of development rights program was never adopted,but the HALO areas remained as locations where a shift in density should be considered. It is Iareas restabls cz th. L)Lrt of noj,a dee tltMrol. Their purpose was to act as receiving areas resulting from the shift of densi from agricultural and open space lands. Nevertheless, from inception, the transfer of development rights program excluded affordable housing recognizing that it would be counter-intuitive to the incentives and � 11ab> 4 legislation in the Southold Town Code put in place to promote affordable housing town wide (sanitary flow credits). It was never the position of the Town Board to require affordable housing in HALO areas. This is supported by Chapter 280. Zoning Article VI. Affordable Housing (AHD) District § 280-26. Applicability of the Southold Town Code, which recognizes the HALO areas but does not limit projects to within the boundaries. This allows the needed flexibility in applying the AHD zoning district Town-wide. However, smart growth principles and locations in relation to environmental constraints, infrastructure, public transportation, and commercial centers are fundamental in siting these uses and are always considered. 3. Advances in Environmental Protection As you are aware, the limiting factor regarding density in the Town is sanitary flow. The management of the sole source aquifer and ground and surface waters is a priority. Since the enactment of the original law and the 24-unit cap per site, significant technological developments in the treatment of wastewater in the Town have been made available. The Hydro-Action and FujiClean Innovative/Alternative Onsite Sanitary Wastewater Treatment Systems (I/AOWTS) are proving very effective in treating total nitrogen. The FujiClean systems have been shown to reduce total nitrogen to 10.2 mg/L; far below the benchmark 19 mg/L. The Suffolk County Department of Health has also adopted policies and programs to control sanitary flow in Town. They generally will not allow over double the density of sanitary flow on a parcel. More recently, however, they have developed a"Super Offset" program to go over double density with certain criteria. This program requires the integration of A/I/A OWTS in design and using additional sanitary flow credits on a two- to-one basis to achieve the higher unit density allowed by Town Code, and total nitrogen reduction. The Town has adopted a Sanitary Flow Credit Program that allows the increase in affordable housing unit density on a parcel. The credits are transferred into the Sanitary Flow Credit Bank and can only be generated when the Town purchases land for open space preservation (farmland development rights purchases do not generate sanitary flow credits). The maximum density of each parcel is any particular proposal for increased density for affordable housing under the Affordable Housing District, therefore, is limited by the availability of sanitary flow credits in the Town's bank, and also dependent upon several factors and attributes designed to achieve the least impact on water quality while creating affordable housing to address a critical need in Town. Please contact our office with any questions. Cc: Paul DeChance, Town Attorney D [16,16- RECEIVED JAN 1, 2 2023 r% PlanningBoard Z.�Z�wq) ,r tlyylp^Ydp+ 00 `w 91 Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Heather Lanza, Planning Director Mr. Mark Terry, Principal Planner From: Missy Mirabelli, Secretary to Town Attorney Date: January 11, 2023 Subject: Amendments to C ha ter 280Zoning,Affordable 11ousin District" Please send comments defining the Planning Department's recommendations with regard to this proposed local law attached to this memo at your earliest convenience, this proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing Is 7:31PM, Tuesday, Mareh14, 2023. Please do not hesitate to contact Town Attorney Office, if you have any questions. Thank you. WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 17`h day of January,2023, a Local Law entitled "A Local Land in relation to Amendments to Chanter 2811Zoning,in connection with the Affordable 1jonsir 1�)istrict"now,therefore,be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York,on the 1411 day of March,2023 at 4:32 p.m.at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law,in relation to Amendments to Chapter 280 Zoning, in connection with the Affordable 14onzsirrg District"reads as follows: LOCAL LAW NO. 2016 A Local Law entitled, "A Local Law in relation to Amendment; to Chapter 280 Zonin in connection with the Affordable 11ousin District". A. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulk,Area and Parking Schedule Minimum MIFDU Owner- MIFDU Tenant- Requirements Occupied Occupied Total lot area 10,000 10,000 (square feet) Lot width(feet) 80 80 Lot depth(feet) 100 100 Front yard 35 35 (feet) 1 side yard 15 15 (feet) Both side yards 25 25 (feet) Rear yard (feet) 35 35 Minimum 850 450 livable floor Bulk, Area and Parking Schedule Minimum MIFDU Owner- MIFDU Tenant- Requirements Occupied Occupied area(square feet per dwelling unit) Off-street 2 2 parking spaces (per dwelling unit) Land area for 10,000 10,000 yield (square feet per dwelling unit) MIFDU tenant- 3,300 occupied dwelling units less than 850 square feet B. Notwithstanding the bulk schedule set forth in Subsection A of this section,there shall be no more than 24 48 dwelling units on any one site. C. Authority to amend requirements and specifications. (1) The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parking requirements, and highway specifications. In making this decision,the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination,the Planning Board shall also consider: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created,which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent.