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HomeMy WebLinkAboutTOR RES 120 f -kOW N of / ' _.)-atio ' / V p I pAlpRwlpyypRllp p{0.�pppfp4M ' Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer February 17, 2016 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhelm@townofriverheadnAciy.gov or by fax at 631-208-4034. u Signature: ,, Date: /zJ ? I L Town Board Meeting bruary 17, 2016 7:00 PM Resolution# 120-AUTHORIZES TOWN CLERK TO PUBLISH AND POST NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED, "ZONING" OF THE RIVERHEAD TOWN CODE (COMMUNITY BENEFIT ZONING USE DISTRICT (CBD)) Sincerely, 421414q. 'I. ' -la Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue Riverhead, New York 11901— (631)727-3200 Ext. 260 — Fax (631)208-4034 soWN Op C tlxX ETPRO,PpEQ%tAS P�PappE55UM ,,11ER,7291 -1/ _, Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer February 22, 2016 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 #120 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on February 17, 2016. Resolution# 120-AUTHORIZES TOWN CLERK TO PUBLISH AND POST NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED, "ZONING" OF THE RIVERHEAD TOWN CODE (COMMUNITY BENEFIT ZONING USE DISTRICT (CBD)) If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 41 Sincerely, 4 , E ,,_ Lw JlJ� Diane M. Wilhelm DMW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034 ©WNo.. t,,.......... 4, PAXETPPOSP[k,, PE0.PNEw�SStJM, Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer February 17, 2016 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhelm at wilhelmaatownofriverheadny.gov or by fax at 631-208-4034. Signature: Date: Town Board Meeting February 17, 2016 7:00 PM Resolution# 120-AUTHORIZES TOWN CLERK TO PUBLISH AND POST NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED, "ZONING" OF THE RIVERHEAD TOWN CODE (COMMUNITY BENEFIT ZONING USE DISTRICT (CBD)) Sincerely, . a /1/4,14Lz Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue — Riverhead, New York 11901— (631)727-3200 Ext. 260 — Fax (631)208-4034 02.17.2016 ADOPTED 160120 TOWN OF RIVERHEAD Resolution # 120 AUTHORIZES 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)) Councilman Wooten offered the following resolution, which was seconded by Councilman Dunleavy 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 February 25, 2016 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 Hubbard ®Yes ['No Giglio ►1 Yes [No Wooten EYes ❑No Dunleavy ®Yes FNo Walter l'Yes ❑No The Resolution Was 17 Was NotE Thereupon Duly Declared Adopted Y:\2016 RESOLUTIONS\02.17.16\120 - TA-Reso PH Community Benefit 2 17 2016.docx 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 l5th day of March, 2016 at 7:05 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 young people entering the work force, young 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 subiect project for its residents but for the use, enjoyment and enhancement of the surrounding community as well. C. The goals of the CBD District are: 1. To promote a mixed-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; Y:\2016 RESOLUTIONS\02.17.16\120 - TA-Reso PH Community Benefit 2 17 2016.docx 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; 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 Y:\2016 RESOLUTIONS\02.17.16\120 - TA -Reso PH Community Benefit 2 17 2016.docx the Town Board pursuant to the requirements 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 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 highway, onto which all vehicle access shall be directed; 3) The minimum road frontage on a State or County arterial highway 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. Detached and/or attached multi-family dwelling units; Y:\2016 RESOLUTIONS\02.17.16\120 - TA - Reso PH Community Benefit 2 17 2016.docx 2. One-family dwelling units with Professional Office. 3. Community Center, Day Care, Nursery School. 4. Recreational uses including parks and playgrounds, swimming pool, and/or outdoor sports facilities. 5. Houses of Worship. B. Any development pursuant to this Article 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. Y:\2016 RESOLUTIONS\02.17.16\120 - TA - Reso PH Community Benefit 2 17 2016.docx § 108-340. Community Center Requirements. Any 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 public; 2. Individual facilities within the community center may be rented to the 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. § 108-342. 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 Y:\2016 RESOLUTIONS\02.17.16\120 - TA - Reso P14 Community Benefit 2 17 2016.docx Maximum Building Height 50 feet not to exceed three and a half (3 1/2) stories Dwelling Unit Density and Mix: Dwelling Unit Density 1 unit per 40,000 sq. ft. 108-343. Redemption of Preservation Rights to Increase Dwelling Unit Yield. A. Preservation credits may be used to increase dwelling unit density within 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 mylar 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 County Workforce Housing Transfer of Development Rights Program. Any preservation rights acquired through the Suffolk County 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 Y:\2016 RESOLUTIONS\02.17.16\120 - TA - Reso PH Community Benefit 2 17 2016.docx improvements. § 108-344. 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 not easily accessible for use and occupancy 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 square feet of floor area In recognition of the shared use aspects of the CBD District, if the planning 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 parking spaces required. § 108-346. Additional Guidelines. A. All utility service lines within the site shall be constructed underground. Y:12016 RESOLUTIONS\02.17.16\120 - TA - Reso PH Community Benefit 2 17 2016.docx B. The development shall provide safety and security lighting in appropriate areas, including but not limited to building exteriors, building entrances, walkways, vehicle access points and within parking areas. C. All exterior lighting fixtures shall conform to Article XLV of the Riverhead Zoning Ordinance, such that no fugitive lighting impacts adjacent properties. D. To the maximum extent practicable, sustainable energy site lighting shall be utilized. E. All lighting fixtures, whether mounted on building walls or on poles, shall be placed at the minimum height necessary to cast adequate lighting intensities on illuminated surfaces. F. All buildings shall be handicapped accessible. G. A maintenance plan for all ground and buildings shall 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 retention/harvesting 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. Y:12016 RESOLUTIONS\02.17.16\120 - TA - Reso PH Community Benefit 2 17 2016.docx L. Where the CBD zoning district has been applied to a property 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 planning 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. § 108-347. Service Providers Amenities and Services. Where the development includes health and fitness facilities and/or day care services for preschool-age and/or services for senior citizen within the community center, oversight and supervision shall be provided by professional staff. § 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 Y:\2016 RESOLUTIONS\02.17.16\120 - TA-Reso PH Community Benefit 2 17 2016.docx shall be required to comply with a recycling plan for refuse. Buildings shall be oriented to maximize natural daylight. Low flow water for all plumbing fixtures shall be utilized. * Underline represents addition(s) ** Overstrike represents deletion(s) Dated: Riverhead, New York February 17, 2016 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE WILHELM, Town Clerk Y:\2016 RESOLUTIONS\02.17.16\120 - TA - Reso PH Community Benefit 2 17 2016.docx