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HomeMy WebLinkAboutSize Limitations on Retail UsesPLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: ~C~ P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Joshua Y. Horton, Supervisor Members of the Town of Southold Town Board From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: December 14, 2005 Re: A local law in relation to Size Limitations on Retail Uses The above proposed local law has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the policies and is therefore CONSISTENT with the LWRP. Please contact me with any questions. · . ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ! '-( Main Road Town Hall, 5~95 PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOEUTION It 2005-730 Resolution ID: 1312 Meeting: 11/22/05 07:30 PM Depart~nent: Town Attorney Category: Local Law Public Hearing THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-730 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 22, 2005: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of November, 2005 a Local Law entitled "A Local Law in relation to Size Limitations on Retail Uses" 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 14th of December~ 2005 at 7:00 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 Size Limitations on Retail Uses" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses". BE IT ENACTED by thc Town Board of the Town of Southold as follows: I. Purpose - The goals of the Town of Southold, as set forth in numerous planning documents over the past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of the hamlets, preservation of the Town's natural environment and natural resources, promotion of a range of housing and business opportunities that support a socio-economically diverse community, and an increase in transportation efficiency while preserving the scenic and historic attributes of the Town. The Town of Southold Hamlet Study, adopted by the Town Board in 2005, recommended amendments to the zoning code which would strengthen the business centers and encourage businesses that support the east end lifestyle. The study concludes that large-scale commercial activity is inconsistent with the community character of the Town, and would be inappropriate. The Local Waterfront Revitalization Plan (LWRP), also adopted by the Town Board in 2005, mandates that all new development should be integrated in the han~lets in a manner that is compatible with the community character, and the economic vitality of the business districts should be enhanced. A report prepared for the Town Board by Mark Terry, Acting Department Head, dated November 2005 titled the "Impacts of Big Box and Large Retail Stores on Community Business and Proposed Amendments to the Town of Southold Town Code" highlights the detrimental effects large scale commercial development can have on small towns. The Town of Southold's unique geography coupled with these potential detrimental effects on the community have prompted the Town Board to prepare this Local Law. The Town Board enacted a temporary morator/um on retail site plans and special exception use permits over 3000 square feet in October 2005 in order to allow the Town the opportunity to grapple with the issue and adequately prepare a solution to the mounting pressure from large scale retailers. This Local Law is intended to place a limit on the size of retail uses in the Town of Southold, in order to preserve the community character of the hamlets and the sustainability of the business districts. In addition, the law provides that those seeking larger businesses will also provide rental apartments in the structure, thus contributing to a wider range of new housing opportunities in the downtown areas. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-13. Definitions. SHOPPING CENTER - A group of retail and service businesses which have an integrated architectural and site design and which have an anchor tenant consisting of either a supermarket or a department store if the anchor tenant encompasses a minimum of 25,000 10,000 square feet of area. § 100-91. Use Regulations. In the HB District, no building or premises shall be used and no building or part ora 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. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2), A(3) and A(20) hereof, are subject to site plan approval by the Planning Board: (7) Retail stores, up to a maximum of 3,000 square feet o£ ~,ro~q fleer are~a~ for each retail store (inclusive of all floor area associated with the ~e) in any building. N~Tll'st~din~ the, provisions of the Bulk Schedule for Business,,.Offi~ and'Industrial Districts, the maxi~n~'~'tot~l size of an,/building including such retail st~es shall be 15,000 square feet of gross floo~-~}r~a B. Uses permitted by special exception by the BoardXl:ncO,.gp.e_~. The fol~itted as a special exception by the Board of Appeals as hereinafter provided, except Subsection (10) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. Page 2 (10) Retail stores in excess of 3,000 square feet of gross floor area (inclusive of all floor aren associated with the retail store), up to a maximum of 6,000 square feet or'such gross floor area, subiect to the following requirements: (a) For each and every additional 1,000 square feet of gross floor area (or portion thereof} associated with the retail store, the applicant shall provide an accessory apartment anbiect to the requirements of Subsection C below. Such accessory apartment shall either be owner-occupied or leased on a yearly basis, and the owner shall be required to provide documentation demonstrating such facts. (b) Co, mpliance with the design standards for retail establishments in effect as adopted ~by the Town Board of the Town of Southold by resolution. § I00-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof 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. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (2) Any permitted use set forth in and regulated by § 100-91A(3) to (21) of the Hamlet Business District~except Subsection A(7) as applicab'l.e in the Business District is herein modified as follows: (a) Retail stores, up to a maximum of 4,000 square feet of gross floor area for each retail store (inclusive of all floor area associated with the retail store) in any building. Notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts, the maximum total size of any building including such retail stores shall !5,000 square feet of gross floor area (b) Retail stores located in a shopping center existing as of Januarv 1, 2006, up to a maximum of 7,000 square feet of gross floor area for each retail store (inclusive of all floor area associated with the retail store). B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsections (17) and (18) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall bu subject to site plan approval by the Planning Board. (17) Retail stores in excess of 4,000 square feet of gross floor area (inclusive of all floor area associated with the retail store), up to a maximum of 7,000 square feet of such gross floor area~ subiect to the following requirements: (a) For each and every additional 1,000 square feet of gross floor area (or portio. thereof) associated with the retail store, the applicant shall provide an accessory Page 3 apartment subject to the requirements of Subsection C below. Such accessory apartment shall either be owner-occupied or leased on a yearly basis, and the owner shall be required to provide documentation demonstrating such facts. (bt Compliance with the design standards for retail establishments in effect as adopted by the Town Board of the Town of Southold by resolution. (18) Retail stores in excess of 7,000 square feet of gross floor area (inclusive of all floor area associated with the retail store), up to a maximum of 15,000 square feet of such gross floor area, subiect to the following requirements: (al The retail store(s/shall be located in a shopping center existing as of January 1, 2006. (bi The Planning Board shall determine whether the proposed retail stores will have an undue adverse impact on the community. In making such a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. Such study shall include an analysis of the projected impact of the retail store(s/on: i. The existing local retail market, including market shares, if applicable. ii. The supply and demand for local retail space. iii. Local wages, benefit and employment. iv. Revemies retained within the local economies of the Town of Southold. (c) v. Public service and facilities costs. vi. Public revenues. vii. Impacts on municipal taxes. viii. Impacts of property values in the community. ix. Effects on retail operations in the surrounding market area. x. Employee housing needs, if applicable. xi. The Town of Southold's ability to implement its Comprehensive Plan consistent with the proposed project. Compliance with the design standards for retail establishments in effect as adopted by the Town Board of the Town of Southold by resolution. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk Page 4