HomeMy WebLinkAboutProposed B-R and Sb-R Zoning Text and Map Amendment Town of Mamaroneck Zoning Report 5/31/2012 . . ..
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PROPOSED B-R AND SB-R ZONING TEXT AND MAP AMENDMENTS
TOWN OF MAMARONECK, NY
Zoning REPORT
MAY 31, 2012
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PROPOSED B-R AND SB-R ZONING TEXT AND MAP AMENDMENTS
Town of Mamaroneck, New York
ZONING REPORT
Prepared for
Town of Mamaroneck Town Board
Town of Mamaroneck
740 West Boston Post Road
( Mamaroneck, NY 10543
Contact: Nancy Seligson,Town Board Supervisor
Stephen V. Altieri,Town Administrator
(914) 381-7870
Prepared by
BFJ Planning
115 Fifth Avenue
New York, NY 10003
Contact: Frank S. Fish, FAICP, Principal
Sarah K.Yackel,AICP,Associate Principal
(212)353-7476
1
May 31,2012
1
1
1
TABLE OF CONTENTS
Page
1.0 INTRODUCTION AND PROJECT LOCATION 1
A. Introduction 1
B. Project Location 1
2.0 Proposed Zoning Recommendations 2
Appendix
Appendix A: Westchester County Fair and Affordable Housing Model Ordinance
List of Figures
Figure 1: Existing Zoning Map
Figure 2: Proposed B-R District-Along Boston Post Road
Figure 3: Proposed B-R District-West of 1-95
Figure 4: Proposed SB-R District
List of Tables
Table 1: Area and Bulk Standards in Existing B and Proposed B-R
Table 2: Uses within the Existing B and Proposed B-R District
Table 3: Area and Bulk Standards in Existing SB and Proposed SB-R
Table 4: Uses within the Existing SB and Proposed SB-R District
Table 5: Parking Standards within the Proposed B-R and SB-R Districts
B-R and SB-R Zoning Report
May 31,2012
1.0 INTRODUCTION AND PROJECT LOCATION
A. Introduction
The Town of Mamaroneck Town Board seeks to follow-up on the Boston Post Road Zoning Study and the
related Draft Generic Environmental Impact Statement prepared by BFJ Planning in 2004 with updated
zoning recommendations that consider amendments to the Town's existing B Business District and SB
Service Business District to allow opportunities for residential uses. The Town's objectives for pursuing
these zoning recommendations are two-fold. First, as the Town's commercial strips continue to evolve
and individual properties are redeveloped, the Town wishes to ensure that new development has the
opportunity to create a mixed-use environment including residential with moderately scaled buildings
that enhance the character of the Town. Second, the Town seeks to expand opportunities for affordable
housing within the community. This report provides an overview of preliminary zoning
recommendations that seek to address these two Town objectives.
B. Project Location
The Town of Mamaroneck is located on the Long Island Sound in Westchester County, approximately 20
miles north of New York City. Both 1-95 and the Boston Post Road (US Route 1), a historically significant
road, run through the Village providing connections south to New York City and north to New England.
The Town is also situated along the Metro-North Railroad (New haven line), a 35-minute train ride (from
Larchmont)to Midtown Manhattan.
The proposed rezoning area totals approximately 44 non-contiguous acres and approximately 77
parcels, located in the Town's existing B Business District, a portion of the UR Urban Renewal District,
and the SB Service Business District.These zones are primarily located along Boston Post Road and north
of 1-95 and the Metro-North Railroad (see Figure 1: Existing Zoning Map).
2.0 PROPOSED ZONING RECOMMENDATIONS
The 2004 zoning work proposed to allow residential uses and incentives for building affordable housing
along the Boston Post Road in two new zoning districts (B-R Business Residential and SB-R Service
Business Residential); these new districts would have replaced the Town's existing B Business District
and SB Service Business District along Boston Post Road. The recommendations presented in this report
are similar to the previous recommendations in that they propose the creation of two new Districts— B-
R and SB-R —that permit residential uses along the Boston Post Road; however, the rezoning area has
been expanded to encompass all of the Town's existing B and SB Districts (see Figure 1: Existing Zoning
Map), not just those located along Boston Post Road. In essence the Town's B and SB Districts will be
replaced by the proposed B-R and SB-R Districts, respectively.
B-R and SB-R Zoning Report 1
May 31,2012
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1
Similar to the 2004 recommendations, the proposed zoning also provides an affordable housing
provision; however, the 2004 proposal provided a density bonus for affordable housing while this
proposal requires a 10% affordable housing mandate. The affordable housing provision in both the B-R
and SB-R Districts should assist the Town in expanding the opportunity for such housing. It should also
provide a substantive response to general requests from Westchester County for municipalities to
expand such housing opportunities.
The following provides a summary of the proposed zoning recommendations:
0 • Proposed Map Changes
o Rezone all of the B Business Districts to B-R Business-Residential (See Figures 2 and 3).
0 o Rezone all of the existing SB Service Business Districts to SB-R Service Business
Residential (See Figure 4).
o Remap a portion of the existing UR Urban Renewal District to the proposed B-R District
(See Figure 2).
• Proposed Text Changes
o Add Residential as a Permitted Use— Residential, and compatible related uses, would be
permitted within the new B-R and SB-R Districts. Area and bulk requirements for the
business uses within these new districts would remain the same as they currently exist
under the B and SB Districts. Therefore, no new non-conformities would be created.
New area, bulk and parking requirements are proposed for new mixed-use
(commercial/residential) and residential developments. New mixed-use and/or
residential developments would be permitted a height of up to 4 stories and 44 feet.
Tables 1-5 below present the proposed Area and Bulk requirements for the new B-R and
SB-R Districts, as well as the proposed uses and parking requirements.
o Affordable Housing Required — The proposed zoning text includes a requirement that
within all new residential developments containing 10 or more units, no less than 10%
of the total number of units must be created as affordable housing units consistent with
the Westchester County Fair and Affordable Housing model ordinance (see Appendix A
for a copy of the Model Ordinance). In residential developments of five to nine units, at
least one affordable unit shall be created. For sale affordable housing units would be
restricted to prices affordable to households with incomes at no more than 80% of the
County median income (currently circa $100,000) and rentals restricted at rent levels
affordable to households at incomes of no more than 60% of the Westchester County
median income.
B-R and SB-R Zoning Report 3
May 31,2012
6, EXISTING ZONING PROPOSED ZONING
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MAMARONECK, NY
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10 MAMARONECK, NY
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1 MAMARONECK, NY
BFJ Planning
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Table 1
Area and Bulk Standards in Existing B and Proposed B-R
BUSINESS PROPOSED BUSINESS-
RESIDENTIAL
B-R4'5
NON-RESIDENTIAL USE
A. Lot requirements:
(1) Minimum lot area none none (10,000 sf)
(2) Minimum lot width at front setback line 150 feet 150 feet
(3) Maximum building coverage 25% 25%
B. Minimum yards:
(1) Front yards none none (15 feet)
(2) Side yards none' none"(03)
(3) Rear yard none2 none2(20)
(4) Usable open space/DU N/A N/A(100 sf)
C. Maximum floor area (as %of lot area) 50% 50%(70%)
D. Maximum heights:
(1) Stories: 2 2 (4)
(2) In feet: 30 30 (44)
Notes on B and B-R
1.(a) No side yard is required but, if provided,shall be at least four feet;except where a lot adjoins a
residence district,there shall be a side yard of at least 10 feet,which shall be permanently and suitably
planted with evergreens to form a landscaped screen.
(b)A corner lot adjacent to a residence district shall have a minimum setback of five feet from the street
upon which said residence district has frontage.
2. Rear yards: no rear yard is required,except where a lot adjoins a residence district, in which case the rear
yard shall be at least 25 feet,at least 10 feet of which shall be permanently,suitably planted with evergreens
to form a landscaped screen.
3.Side yard of 10 feet required from any road right-of-way or adjacent lot and 5 feet from any driveway or
parking.
4.Within all residential developments of 10 or more units, no less than 10%of the total number of units
must be created as Fair and Affordable Housing(FAH) units per the Westchester County FAH model
ordinance. In residential developments of five to nine units,at least one FAH unit shall be created.
5.The area and bulk standards shown in red and in parenthesis 0 apply to mixed-use and/or residential
buildings.Standards for all business uses remain unchanged.
1
1
1 B-R and SB-R Zoning Report 7
May 31,2012
i
Table 2
Uses within the Existing B and Proposed B-R District
BUSINESS PROPOSED
B B-R
k PRINCIPAL
Retail P P
Indoor Recreation Establishment P X
Indoor Amusement Establishment P X
O Professional Office P P
Business Office P P
d Municipal Use P P
Public Utility Structure P P
1 Multi-Family Housing P
Service Establishment S
1 Personal Service Establishment P
Personal Instruction Establishment P
General Office P
' Medical or Health Professional Office P
Financial Office or Bank P
0 Place of Worship P
SPECIAL PERMIT
Transmission Structures or Towers S X
Motel S S
D Hotel S S
Veterinary Hospital S S
P Animal Kennel (boarding and care) S S
Undertaking of Funeral Home S X
1 Printing and Publishing S X
Plant Nursery S S
Restaurant S S
Take-Out Food Establishment S S
1 Fast-Food Restaurant(implied by text) S S
Delicatessen (implied by text) S S
Convenience Store (implied by text) S S
Supermarket S S
Grocery Store S S
1 Ice Cream/Confectionary Store S S
Cafeteria S S
Luncheonette S S
Library S
Educational Facility S
ACCESSORY
i Building or Use Customarily incidental to a permitted use A A
Signs A A
0 Exterior Lighting A A
Home Occupation A
0 Key:
P—Principal Use A—Accessory Use
` S—Special Permit Use X—Prohibited
0
1 B-R and SB-R Zoning Report 8
May 31,2012
I
Table 3
Area and Bulk Standards in Existing SB and Proposed SB-R
' SERVICE BUSINESS SERVICE BUSINESS-
SB RESIDENTIAL
SB-R4'5
NON-RESIDENTIAL USE
A. Lot requirements:
(1) Minimum lot area none none (10,000 sf)
(2) Minimum lot width at front setback line 100 feet 100 feet
(3) Maximum building coverage 25% 250
B. Minimum yards:
(1) Front yards none none (15 feet)
(2) Side yards None' none'(03)
(3) Rear yard None2 none2(20)
(4) Usable open space/DU N/A N/A(100 sf)
C. Maximum floor area (as %of lot area) 50% 50%(70%)
D. Maximum heights:
(1) Stories: 2 2 (4)
(2) In feet: 30 30(44)
Notes on SB District:
1. (a) No side yard is required but, if provided,shall be at least four feet;except where a lot adjoins a
residence district,there shall be a side yard of at least 10 feet,which shall be permanently and suitably
planted with evergreens to form a landscaped screen.
(b)A corner lot adjacent to a residence district shall have a minimum setback of five feet from the street
upon which said residence district has frontage.
2. Rear yards: no rear yard is required,except where a lot adjoins a residence district, in which case the rear
yard shall be at least 25 feet,at least 10 feet of which shall be permanently,suitably planted with evergreens
to form a landscaped screen.
3.Side yard of 10 feet required from any road right-of-way or adjacent lot and 5 feet from any driveway or
parking.
4.Within all residential developments of 10 or more units, no less than 10%of the total number of units
must be created as Fair and Affordable Housing(FAH)units per the Westchester County FAH model
ordinance. In residential developments of five to nine units,at least one FAH unit shall be created.
5.The area and bulk standards shown in red and in parenthesis()apply to mixed-use and/or residential
buildings.Standards for all business uses remain unchanged.
B-R and SB-R Zoning Report 9
May 31,2012
Table 4
Uses within the Existing SB and Proposed SB-R District
SB BUSINESS PROPOSED
SB-R
PRINCIPAL
Indoor Recreation Establishment p P
Indoor Amusement Establishment p p
Business or Professional Office p p
Automotive sales, not including used car lots p P
Undertaking and Funeral Homes P p
Nursery
Restaurant P P
Luncheonette
Ice Cream/Confectionary P P
Wholesale or Storage P P
Municipal Use P p
Public Utility Structure P P
Service Establishment P
Printing and Publishing p
SPECIAL PERMIT
Retail Uses S S
Gas Station and Garage S S
Motel 5 X
Hotel S X
Electronic Transmission Structures S X
Veterinary Hospital S S
Animal Kennel(boarding and care) S S
Contractors Establishments S S
Automatic Car Wash Facilities S S
Take-Out Food Establishment S S
Fast-Food Restaurant(implied by text) S X
Delicatessen (implied by text) S S
Convenience Store(implied by text) S S
Supermarket S S
Personal Service Establishment S
Multi-Family Housing S
ACCESSORY
Building or Use Customarily incidental to a permitted use A
Home Occupation A
Key:
f P—Principal Use
S—Special Permit Use
A—Accessory Use
X—Prohibited
B-R and SB-R Zoning Report 10
May 31,2012
1
Table 5
Parking Standards within the Proposed B-R and SB-R Districts
Type of Use Minimum Requirements*
Efficiency units 1.0 space per unit
1-bedroom units 1.25 spaces per unit
2-bedroom units 1.5 spaces per unit
3-bedroom units 2.0 spaces per unit
Retail/office 1.0 space for each 200 square feet
of gross floor area
* The off-street parking requirements provided below may be reduced by the Planning Board in
the course of site plan review, if the applicant demonstrates and the Planning Board finds that
the capacity of such off-street parking is sufficient to meet the demands of such use or uses such
as the case of shared parking by two or more different land uses. In no case shall such reduction
be greater than 15%of that required by the list above.
B-R and SB-R Zoning Report 11
May 31,2012
l
Appendix A
Westchester County Fair and Affordable Housing Model Ordinance
D
1
1
1
B-R and SB-R Zoning Report 12
May 31,2012
1
Appendix D-1 (i)
1 Westchester County Fair and Affordable Housing
1 Model Ordinance Provisions
1 These model ordinance provisions are proposed to supplement existing municipal zoning codes in
Westchester County municipalities for the purposes of ensuring the provision and promotion of fair
and affordable housing development throughout the County of Westchester.
Fair and Affordable Housing
1. Definitions
Fair and Affordable Housin2(FAH) Unit
A for-purchase housing unit that is affordable to a household whose income does not exceed
1 80% of the area median income (AMI) for Westchester as defined annually by the U.S.
1 Department of Housing and Urban Development(HUD) and the annual housing cost of a
unit including common charges,principal, interest, taxes and insurance (PITI) does not
1 exceed 33% of 80% AMI, adjusted for family size.
1 A rental unit that is affordable to a household whose income does not exceed 60%AMI and
1 the annual housing cost of the unit, defined as rent plus any tenant paid utilities, does not
exceed 30% of 60%AMI adjusted for family size.
2. Required Fair and Affordable Housin2 Unit Component
1 Within all residential developments of 10 or more units,no less than 10%of the total
number of units must be created as FAH units. In residential developments of five to nine
1 units, at least one FAH unit shall be created.
No preferences shall be utilized to prioritize the selection of income-eligible tenants or
purchasers for FAH units created under this subsection with the exception that: (1) a
household with at least one member who has been employed within the municipality or with
one member who has served as an emergency services volunteer within the municipality for
at least one year immediately prior to application for the purchase or rental of a FAH unit
may be given a preference for every third(3rd)new FAH unit created within a development
and every third(3rd) existing FAH unit which becomes available for new occupancy; and(2)
a senior who is a resident of the municipality, or a senior who has an immediate family
member who is a resident of the municipality, may be given a preference for FAH units
designated for seniors.
Notwithstanding the above, all such FAH units, whether for purchase or for rent, shall be
marketed in accordance with the Westchester County Fair&Affordable Housing
Affirmative Marketing Plan.
3. Incentives for Creation of Additional Fair and Affordable Housing
A municipality may utilize one or more of a variety of incentives to encourage the creation
of FAH units above the number required to be created by the basic suggested requirements
of this model ordinance. Potential incentives include allowing higher densities such as "1.5
Appendix D-1 (i)
additional one-bedroom market-rate unit for each FAH unit provided over the required
10%"or the easing of minimum bulk and setback requirements.
4. Maximum Rent and Sales Price
The maximum monthly rent for a FAH unit and the maximum gross sales price for a FAH
unit shall be established in accordance with U.S. Department of Housing and Urban
Development guidelines as published in the current edition of the"Westchester County Area
Median Income(AMI) Sales &Rent Limits" available from the County of Westchester.
5 Time Period of Affordability
1 Units designated as FAH units must remain affordable for a minimum of 50 years from date
of initial certificate of occupancy for rental properties and from date of original sale for
1 ownership units.
1 6. Property Restriction
A property containing any FAH units must be restricted using a mechanism such as a
declaration of restrictive covenants in recordable form acceptable to Municipal Counsel
1 which shall ensure that the FAH unit shall remain subject to affordable regulations for the
minimum 50 year period of affordability. Among other provisions, the covenants shall
1 require that the unit be the primary residence of the resident household selected to occupy
the unit. Upon approval, such declaration shall be recorded against the property containing
the FAH unit prior to the issuance of a Certificate of Occupancy for the development.
7. Unit Appearance and Integration
1 Within single-family developments, the FAH units may be single-family homes or may be
incorporated into one or more two-family homes. Each single-family FAH unit may be
/ located on a lot meeting seventy-five per cent(75%) of the minimum lot area for the single-
family homes in the development. Each such two-family home shall be located on a lot
meeting the minimum lot area for the single-family homes in the development. All such
units shall be indistinguishable in appearance, siting and exterior design from the other
single-family homes in the development, to the furthest extent possible. Interior finishes and
furnishings may be reduced in quality and cost to assist in the lowering of the cost of
development of the FAH units.
Within multi-family developments, the FAH units shall be physically integrated into the
design of the development and shall be distributed among various sizes (efficiency, one-,
two-, three- and four-bedroom units) in the same proportion as all other units in the
development. The FAH units shall not be distinguishable from other market rate units from
the outside or building exteriors. Interior finishes and furnishings may be reduced in quality
and cost to assist in the lowering of the cost of development of the FAH units.
•
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1
1
1
1
1
Appendix D-1 (i)
8. Minimum Floor Area
The minimum gross floor area per FAH unit shall not be less than 80%of the average floor
area of non-restricted housing units in the development and no less than the following:
Dwelling Unit Minimum Gross Floor Area (square feet)
Efficiency 450
1 bedroom 675
2 bedroom 750
3 bedroom 1,000 (including at least 1.5 baths)
4 bedroom 1,200 (including at least 1.5 baths)
For the purposes of this section,paved terraces or balconies may be counted toward
the minimum gross floor area requirement in an amount not to exceed 1/3 of the
square footage of such terraces or balconies.
As an alternative or supplemental standard-- The minimum gross floor area per FAH unit
shall be in accordance with the standards set forth by the New York State Division of
Housing and Community Renewal &the New York State Housing Trust Fund Corporation
in Section 4.03.03 of its joint Design Manual.
9. Occupancy standards
For the sale or rental of FAH units, the following occupancy schedule shall apply:
1
Number of Bedrooms Number of Persons
Efficiency Minimum:! , Maximum:1
1 Bedroom Minimum:1 , Maximum:3
2 Bedroom Minimum:2 , Maximum:5
1 3 Bedroom Minimum:3 , Maximum:7
4 Bedroom Minimum:4 , Maximum:9
1
10. Affirmative Marketing
The FAH units created under the provisions of this section shall be sold or rented, and resold
and re-rented during the required period of affordability, to only qualifying income-eligible
households. Such income-eligible households shall be solicited in accordance with the
1 requirements,policies and protocols established in the Westchester County Fair&
Affordable Housing Affirmative Marketing Plan so as to ensure outreach to racially and
1 ethnically diverse households.
11. Resale Requirements
In the case of owner-occupied FAH units, the title to said property shall be restricted so that
in the event of any resale by the home buyer or any successor, the resale price shall not
exceed the then-maximum sales price for said unit, as determined in this ordinance, or the
sum of:
(i) the net purchase price(i.e. gross sales prices minus subsidies)paid for the unit by the
selling owner, increased by the percentage increase, if any, in the Consumer Price Index
for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey
Appendix D-1 (i)
Area, as published by the United States Bureau of Labor Statistics (the"Index") on any
date between(a)the month that was two months earlier than the date on which the seller
acquired the unit and(b) the month that is two months earlier than the month in which the
seller contracts to sell the unit. If the Bureau stops publishing this index, and fails to
designate a successor index,the Municipality will designate a substitute index; and
(ii) the cost of major capital improvements made by the seller of the unit while said seller
of the unit owned the unit as evidenced by paid receipts depreciated on a straight line
basis over a 15 year period from the date of completion and such approval shall be
requested for said major capital improvement no later than the time the seller of the unit
desires to include it in the resale price.
1 Notwithstanding the foregoing, in no event shall the resale price exceed an amount
affordable to a household at 80% of AMI at the time of the re-sale.
12. Lease Renewal Requirements
Applicants for rental FAH units shall, if eligible and if selected for occupancy, sign leases
for a term of no more than two years. As long as a resident remains eligible and has
complied with the terms of the lease, said resident shall be offered renewal leases for a term
1 of no more than two years each. Renewal of a lease shall be subject to the conditions of
federal, state or county provisions that may be imposed by the terms of the original
1 development funding agreements for the development or to the provisions of other
applicable local law.
If no such provisions are applicable and if a resident's annual gross income should
subsequently exceed the maximum then allowable, as defined in this chapter,then:
i
Option(a): said resident may complete their current lease term and shall be offered a non-
1 restricted rental unit available in the 30% development at the termination of such lease term,
if available. If no such dwelling unit shall be available at said time, the resident may be
allowed to sign one additional one-year lease for the FAH unit they occupy but shall not be
1 offered a renewal of the lease beyond the expiration of said term.
-OR-
Option (b): said resident shall pay the greater of(1)the rent amount payable under the
1 provisions of this ordinance or(2) 30% of the resident's monthly adjusted household income
provided that the increased rent may not exceed the market rent in that development for
1 units with the same number of bedrooms.
-OR-
Option (c): said resident shall pay the greater of(1) the rent amount payable under the
1 provisions of this ordinance or(2) 30%of the resident's monthly adjusted household income
provided that the increased rent may not exceed the market rent in that development for
units with the same number of bedrooms for a term of not more than one (1)year.
• Appendix D-1 (i)
13. Expedited Project Review Process
(a) Pre-application meeting: The applicant for a Fair and Affordable Housing(FAH)
development shall be entitled to attend at least one pre-application meeting at which
representatives will be in attendance from each municipal agency,board, commission and staff
expected to play a role in the review and approval of the development application and
construction. The purpose of the pre-application meeting will be to expedite the development
application review process through:
• The early identification of issues, concerns, code compliance and coordination matters that
may arise during the review and approval process.
• The establishment of a comprehensive review process outline,proposed meeting schedule
and conceptual timeline.
(b) Meeting schedule and timeline: Municipal departments, agencies, authorities,boards,
commissions, councils, committees and staff shall endeavor to honor the proposed meeting
schedule and conceptual timeline established as an outcome of the pre-application to the greatest
extent possible during the review and approval process, subject to the demonstrated cooperation
of applicant to adhere to same. Should the approval process extend beyond one year, an
applicant for a FAH development shall be entitled to at least one additional meeting per year
with the same departments, agencies, authorities,boards, commissions, councils or committees
to review any and all items discussed at previous pre-application meetings.
(c) Calendar/agenda priority: Municipal departments, agencies, authorities,boards,
commissions, councils or committees with review or approval authority over FAH development
applications shall give priority to such applications by placing FAH applications proposals first
on all meeting and work session calendars and agenda and, when feasible based on the ability to
conduct required reviews and public notice, with the intent of shortening minimum advance
submission deadlines to the extent practicable.