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Home My WebLink AboutTOR RES 707 e i ~i rl` 'V Cannm, wc,.zm~ Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer October 4, 2013 We would appreciate your signing this letter acknowledging receipt of the Resolution and emailing it back to wilhlemtc'~.townofriverheadny gov. (Resolution# 707 from Town Board Meeting 10.1.13) Sincerely, ~ y/~ . Diane M. Wilhelm Town Clerk Signature: date: U DW:cd i 200 Howell Avenue -Riverhead, New York 11901- (631)727-3200 Ext. 260 -Fax (631)208-4034 i _ • ~ r, i~a i E~ syi Lt - Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of 1/ital Statistics Records Management Officer Marriage Officer October 4, 2013 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on October 1, 2013 Resolution #707-AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (COMMUNITY BENEFIT ZONING USE DISTRICT (CBD) IF. h.. _i____ _n _i n_ II you cave oily y'i.ieauvna, Nlcasc cdu l."dfUl Uel VeGClllO at 631-%L%-32UU, EXt 2tiL, or Diane VVilhelm at Ext. 260 Sincerely, Diane M. Wilhelm DMW:cd 200 Howell Avenue -Riverhead, New York 11901-- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 _..e S 1 7I - E ~.~~M Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital 6tatistics Records Management Officer Marriage Officer October 4, 2013 We would appreciate your signing this letter acknowledging receipt of the Resolution and emailing it back to wilhlem(a)townofriverheadny.pov. (Resolution# 707 from Town Board Meeting 10.1.13) Sincerely, Diane M. Wilhelm Town Clerk Signature: date: DW:cd 200 Howell Avenue _ Riverhead, New York 11901- (631)727-3200 Ext. 260 ~ Fax (631)208-4034 "10.01.13 ADOPTED 130707 TOWN OF RIVERHEAD Resolution # 707 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 10S ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (COMMUNITY BENEFIT ZONING USE DISTRICT (CBD)) Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Giglio RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead Town Code once in the October 10, 2013 issue of the News Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio ®Yes ?No Gabrielsen ®Yes ?No Wooten ®Yes ?No Dunleavy ®Yes ?No \A/alter ~iVec ?I~~o The Resolution Was ®Thereupon Duly Declared Adopted G:\100113\707 - ch 108 community benefit use district ph.doc TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at 200 Howell Avenue, Riverhead, New York on the 6th day of November, 2013 at 2:10 o'clock p.m. to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead Town Code as follows: ARTICLE LXIII COMMUNITY BENEFIT ZONING USE DISTRICT (CBD) 108-333. Purpose and Intent. A. It is the purpose of the Community Benefit District (CBD) to implement the recommendations of the Town of Riverhead Comprehensive Plan (2003) by permitting the construction of clustered multi-family rental dwelling units in a manner designed to meet the needs of a range of users who are presently underserved by the housing market including vounq people entering the work force vounq families and seniors B. Such development is to be combined with an on-site community center and non- residential use(s) that together or individually provide an enhancement of not only the subject project for its residents but for the use eniovment and enhancement of the surrounding community as well. C. The goals of the CBD District are: 1. To promote amixed-use development on a single site in a cohesive manner with the main purpose of providing for the needs of its residents and residents in the larger community 2. To promote the most desirable land use upon real property that is suitable for such development due to its size location and access to necessary infrastructure, and: G:\100113\707 - ch 108 community benefit use district ph.doc -3." To provide standards to facilitate development not currently possible under the Town of Riverhead Zoning Ordinances in order to meet identified community needs. 108-334. Definitions. Community Center - is a structure/s providing educational and recreational services to the community including but not limited to day care nutrition and wellness programs, performing arts space sports and fitness facilities Food service ATM and retail space in support of the foregoing activities shall be permitted in the Community Center. Workforce Housing - is residential housing occupied by residents whose income conforms to guidelines published by a governmental authority with appropriate jurisdiction as 80% to 120% of median adjusted for area 108-335. Creation of the Community Benefit District. A. The CBD district may be imposed by the Town Board as an overlay district in conjunction with or to the exclusion of all other use districts shown on the Zoning Use District Map of the Town of Riverhead B. In the event of a conflict between the provisions of this Article and other provisions of the Town of Riverhead Ordinance the provisions of this Article shall apply C. All special permit uses set forth herein shall be subject to the approval of the Town Board pursuant to the reauirements and procedures set forth in Section 108.133.1 of this Code. 108-336. Eligible Properties. In order to be considered for the CBD designation a property shall meet all of the G:\100113\707 - ch 108 community benefit use district ph.doc following criteria: - 1) The minimum area of a parcel shall be 10 acres 2) The site shall have frontage on a State or County arterial highwav onto which all vehicle access shall be directed 3) The minimum road frontaae on a State or Countv arterial highwav shall be 800 linear feet. 4) The property shall be served by appurtenances of the Riverhead Water District and the Riverhead Sewer District or shall be in sufficient proximity to such district boundaries as to permit access to such infrastructure 5) Be of sufficient area to provide for all applicable parking buffer yards landscaping and open space requirements § 108-337. Uses. A. In the Community Benefit (CBD) District no building structure or premises shall be used or arranged or designed to be used and no building or structure shall hereafter be erected reconstructed or altered or occupied unless otherwise provided in this chapter for the following special permitted uses 1. Residential consisting of detached and/or attached multi-family dwelling units; 2. Single family dwelling units with Professional Office 3. Community Center Dav Care Nursery School 4 Recreational uses including parks and playgrounds swimming pool, and/or outdoor sports facilities. 5. Houses of Worship G:\100113\707 - ch 108 community benefit use district ph.doc ' B. Anv development pursuant to this chapter shall contain some combination of residential. recreational and non-residential uses listed in subsection "A" of this section. § 108-338. Accessory Uses. Accessory uses shall include those uses customarily incidental to any of the above specially permitted uses when located on the same site or within a structure with a specially permitted use. Specifically allowed are the following provided that the total lot coverage does not exceed five (5) percent of the site 1, Maintenance structures 2. Garages 3. Storage buildings 4 Pump station for wastewater disposal purposes § 108-339. Workforce Housing Requirement. A minimum of one hundred percent (100%) of dwelling units shall be sold or rented to households that meet income standards as those standards may change from time to time as set by the State or Federal government and designated as workforce housing. § 108-340. Community Center Requirements. Anv community center approved pursuant to this chapter shall conform to the following requirements: 1. All facilities of the community center shall be available to the general up blic; 2. Individual facilities within the community center may be rented to the G:\100113\707 - ch 108 community benefit use district ph.doc general public. Fees may be charged for use of the facilities but such fees shall be limited to only those necessary to defray expenses § 108-341. Mixed Use Residential/Professional Office Structures A. The Professional Office use shall be of such character as to be appropriate for a residential neighborhood setting B. All such structures are to be limited in floor area not to exceed 2 500 square feet (SF) in size each. C. One residence may be located within each such structure and may only be occupied by the owner or an employee of the Professional Office that occupies that structure. § 10842. General Lot. Yard Bulk and Height Requirements Maximum Building Net Floor Area Ratio 0 40 Maximum Lot Coverage (total footprint) 0 20 Minimum Front Yard Depth 15 feet Minimum Rear Yard Depth 20 feet Minimum Side Yard Setback (both) 15 feet Maximum Building Height 50 feet not to exceed three and a half (3 1/2) stories Dwellina Unit Density and Mix: Dwelling Unit Densitv 1 unit per 40 000 sa ft § 108-343. Redemation of Preservation Rights to Increase Dwelling Unit Yield A. Preservation credits may be used to increase dwelling unit density within G:\100113\707 - ch 108 community benefit use district ph.doc the Community Benefit Zoning Use District In its review and approval of any site plan application within the Community Benefit Zoning Use District utilizing preservation credits the Planning Board shall condition the final site plan approval upon the redemption of the appropriate number of credits with the signature of the molar predicated upon the redemption and retiring of the appropriate number of preservation credits. B Preservation credits may be acquired through the transfer of development rights pursuant to Article LXII of the Riverhead Town Code or the acquisition of Workforce Housing Development Rights through the Suffolk Countv Workforce Housing Transfer of Development Rights Program Any preservation rights acquired through the Suffolk Countv Workforce Housing Transfer of Development Rights Programs must be rights that were placed in the program from the purchase or preservation of property located in the Town of Riverhead. C The Town Board in its review and approval of an application for a special permit may increase the allowable dwelling unit yield at a rate of one (1) dwelling unit per preservation credit redeemed not to exceed ten (10) dwelling units per 40,000 square feet after subtracting for that land area required for infrastructure and public improvements. 6 10844. Open Space Requirements. A Minimum of 40 percent of the total site area shall be reserved for vegetated open space pond areas or passive recreational use. B Such recreational amenities may include but not limited to playgrounds . walking trails fitness trails picnic areas or sitting areas no landscaped areas that are G:\100113\707 - ch 108 community benefit use district ph.doc not easily accessible for use and dccupancv as recreational space are to be included in - this calculation. §108-345. Off-Street Parking Requirements. The development shall endeavor to provide a minimum off street parking in conformance with the following schedule Residences 1 5 spaces/unit Community Center 1 space/300 square feet of floor area Church 1 space/3 pew seats Non-Residential Spaces 1 space/200 sauare feet of floor area In recognition of the shared use aspects of the CBD District if the plannina board determines that an applicant has conclusively demonstrated that one or more of such uses will be generating a demand for the parking spaces primarily during periods when another use or uses has or have a significant lower parking demand the planning board may upon application reduce the total parkina spaces required § 108-346. Additional Guidelines. A. All utility service lines within the site shall be constructed underground B. The development shall provide safety and security lightinq in appropriate areas includina but not limited to building exteriors building entrances walkways vehicle access points and within parking areas C. All exterior lightinq fixtures shall conform to Article XLV of the Riverhead Zonina Ordinance such that no fugitive lightinq impacts adjacent properties D_. To the maximum extent practicable sustainable energy site lightinq shall be utilized. G:\100113\707 - ch 108 community benefit use district ph.doc E . All lightinq fixtures whether mounted on buildinq~,valls or on poles, shall be placed at the minimum height necessary to cast adeauate lightinq intensities on illuminated surfaces. F All buildings shall be handicapped accessible. G A maintenance plan for all ground and buildings shah be in effect and such initial plan shall be included in site plan review. H Landscaping shall be designed to reduce heat island effects. Onsite retentionlharvesting of storm water runoff to minimize sewer impact and reduce water usage for irrigation shall be utilized. J In recognition of the inherent mixed use character of the CBD District. no abutting landscape buffer areas other than those specifically required in this section shall be required. K For the purpose of the requirements for off-street loading berths the permitted and accessory uses shall not be considered as being used for business, industrial or hospital purposes. L. Where the CBD zonin district has been a lied to a ro ert the site plan must show a twenty-five foot (25 ft) non-improved transitional buffer along any boundary shared with a residential use or residentially zoned property. If in the opinion of the planning board the natural vegetation existing on the site does not provide a sufficient buffer between the property and the abutting residential use or residentially zoned property the glanning board may require the applicant to augment the buffer appropriate screening and vegetation For the purposes of this section fencing in the non-improved transitional buffer area shall not be deemed an improvement. G:\100113\707 - ch 108 community benefit use district ph.doc § 108-347. Service Providers Amenities and Services. Where the development includes health and fitness facilities and/or day care services for preschool-aae and/or services for senior citizen within the community center oversight and supervision shall be provided by professional staff 5 108-348 Development Standard Within the Community Benefit District. No earthwork land clearing construction or land disturbance of any kind shall take place upon real property within a CBD until such time as a site plan has been approved by the Riverhead Planning Board In cases in which a proposed project involves the subdivision of land no development may proceed until final conditional subdivision approval has been granted by the Riverhead Planning Board. Approval of site plan for development shall be conditioned upon approval by Suffolk County Department of Health Services Energy Star compliance on all equipment and appliances in residential units shall be required All users and residents within the CBD shall be required to comply with a recyciing plan for refuse. Buildings shall be oriented to maximize natural daylight Low flow water for all plumbing fixtures shall be utilized. lJnderline represents additions} Overstrike represents deletion(s) Dated: Riverhead, New York October 1, 2013 BY ORDER OF THE TOWN BOARD . OF THE TOWN OF RIVERHEAD DIANE WILHELM, Town Clerk G:\100113\707 - ch 108 community benefit use district ph.doc