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HomeMy WebLinkAboutAddendum A Study of Land Use Regulations and Development Impacts in the Golf Course Area Revised 8/1/1989 U 1 I ' ADDENDUM A 11r.-Lxdy of Land Use Regulations U and Development Imnpacts in t1ie Golf Course Area I T own of Mamarone cl� ' June 1989 Revised August 1989 Shuster Associates ' I"laxnnixng Consultants • 1 1 '3 I RD 1 BOX 259 STONE RIDGE NEW YORK 12484 (914)687-0758 I Community Planning, Zoning, Site Planning and Design, Environmental Impact Studies and Traffic Planning SHUSTER ASSOCIATES PLANNING k ZONING MMENEMMEIN I I August 1, 1989 I Mr. Steve Altieri, Administrator • 11 Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10534 I Re: Addendum: Golf Course Area Study II Dear Mr. Altieri: We submitted our findings and conclusions concerning land use I regulations and development impacts in the golf course areas in July 1988. Since that time, a number of meetings and discussions have been held to review the findings and conclusions of that study. As a result, we have prepared the attached Addendum to Ithe study. We are prepared to work with you to refine and implement our ' recommendations. Sincerely, .. _ Daniel Shuster I DS:vw Attachment I I . it . . • 1 �I CONTENTS • PAGE ' A. INTRODUCTION 1 B. BASIS FOR R-50 REZONING 2 C. CONCENTRATED HOUSING OPTION 3 D. PROPOSED ZONING AMENDMENT 4 1. Summary 2. Proposed Text ' MAPS FOLLOWING PAGE 1 . PROPOSED R-50 DISTRICT 11 1 1 1 1 1 1 1 1 i 1 � AM.- INTRODUCTION Our initial report in July 1988, analyzed a number of zoning options and determined that average density (cluster) development was the most appropriate means to preserve the important natural resources of the large open spaces in the I 1 study area, if any development were to take place. In fact, we recommended that the Planning Board be empowered to require such development when it found that it was necessary for preservation of wetlands, flood plains, wildlife habi- t tats and similar critical environmental features. With this tool in place, we were of the opinion that further modifica- tions to the zoning density in these areas were unnecessary. 1 The Town Attorney has advised, however, that although a IPlanning Board may require that a proposed development comply with the general standards for cluster development, 1 it may not mandate that such development be in the form of townhouses, as opposed to single family homes. Although a single family home cluster development would preserve more of the site' s sensitive natural features than a conventional subdivision, such development on, say, 10115, 000 square foot 1 lots would generate considerably more site disturbance than the same, or even greater, number of townhouses or attached 1 homes. Therefore, we suggest a two-pronged approach as follows: I 1 1 I 1 ; 1 I 1 33 - BASIS FOR R-5(3 REZONING ' ' tive nature of the three golf c The extremely sensitive courses and reservoir, as documented in the Town' s approved Local IWaterfront Revitalization Program (LWRP) indicate that a lower density than the current R-30 is justified even if Idevelopment were in the form of single family homes under cluster provisions. The importance of these areas for flood Iprotection, drainage management and fish and wildlife protection were specifically recognized when the Town I designated the Reservoir--Sheldrake-.-Leatherstocking complex and Hommocks--Hampshire complex as Critical Environmental Areas (CEA) under the provisions of the State Environmental IQuality Review (SEQR) Act. IA new R-50 District (requiring 50,000 square feet of site area per lot) was created to implement recommendations in Ithe LWRP. All of the adjacent land in the Town along the Larchmont Harbor/Long Island Sound shore line was included Iin this district. The golf courses, the reservoir, the conservation areas and a few intervening parcels certainly I warrant the same designation on the basis that they comprise an interconnected network of environmental factors that is especially sensitive to the impacts of urban development. A Isuggested delineation of such an R-50 District is illu- strated on the attached map. I The area delineated includes Bonnie Briar, Winged Foot and I Hampshire golf courses, the reservoir property, the Hommocks Conservation Area, the Hommocks School and recreation area and a number of adjacent privately owned parcels. Of these Ilatter, 25 out of 35 exceed the proposed 50 , 000 square foot minimum lot size. 1 I2 L 1 L I IIC - CONCENTRATED HOUSING OPTION I - Since clustering in the form of townhouses or similar concentrated housing is the most efficient way to preserve Ilarge areas of open space and protect fragile environmental features, we believe that such provisions are even more I important than those which deal only with density. There- fore, we suggest that the "average density" regulations I proposed in our earlier report be modified to provide an option to encourage such development once the R-50 designation has been implemented. The option would allow Ithe maximum number of townhouses or similar units permitted to be computed at the density of the R-30 District, upon Iapplication to and approval by the Planning Board of a special use permit. (Clustering of single family homes Iwould be based on the R-50 density. ) In order to ensure that the primary objectives of cluster I development--preservation of important natural features--is achieved, the regulations for the option establish maximum IIlimits for site disturbance of any nature and for coverage by impervious surfaces (roof tops, roads, parking areas, Ipatios, etc. ) . I I I 1 I LI 3 1 II MD - PROPOSED ZONING AMENDMENT IThe above approach will provide the Town with the necessary tools to deal with any development proposals in the golf Icourse area in the most responsible manner. Set forth below is a summary of the proposed amendments to the Zoning I Ordinance to implement the above recommendations followed by the complete text of the amendments. Summary of Proposed Amendments Ii. a. The provisions only apply to the R-30 and R-50 Districts. Ib. A minimum site area of 50 acres is required. c. Only single family homes or townhouses (or a com- Ibination of both) are permitted. d. A formula is provided to establish that the number I of homes permitted is no more than would be allowed in a conventional subdivision. e. Lots for single family homes must comply with the 1 regulations of the R-10 District. f . Standards for townhouse development are provided I including a provision that the number of units may be computed as.. if the site were located in an R-30 District, when the Planning Board finds that such I development is appropriate to protect and preserve natural features on the site, regardless of the 1 actual district in which it is located. II g. At least 40% of the site must be preserved as open space. ' h. The Planning Board is authorized to require use of these provisions when it finds that certain features exist that it would be beneficial to the Town to preserve via clustering, such as wetlands, flood I hazard areas, designated critical environmental areas, golf courses and other recreation facilities , or other unique natural features. II I4 I 1 1 • • ' 2. Complete Text a. Zoning Map Amendment ' The Official Zoning Map of the Town of Mamaroneck, New York, adopted June 29, 1959, and last amended ' , shall be further amended to indicate the location of the R-50 District as shown on the at- tached map. ' b. Cluster Development Amendment A new §89-15 .1 shall be added, as follows: ' §89-15.1--AVERAGE DENSITY SUBDIVISIONS ' A. Authority of Planning Board Authorization is hereby granted to the Planning Board, pursuant to Section 281 of the Town Law, to ' vary the zoning requirements as to lot size, lot width and yard requirements in connection with a proposed subdivision plat, subject to the stan- dards and procedures contained herein. The Plann- ing Board is further authorized to require such modification where it finds that it will be in the ' public interest to preserve significant natural features ( such as wetlands, woods, drainage ways, etc. ) or important views, or significant open space or recreation opportunities. Prior to ' exercising this latter authority, the Planning Board shall adopt rules and regulations to ensure that the guidelines established in paragraph I , below, will be followed. B. Purpose ' The purpose of modifications in accord with this section shall be to enable and encourage flexibility in design and development so as to ' promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the ' natural and scenic qualities of open lands. In particular, these provisions are intended to encourage preservation of important natural features such as wetlands, flood plains and ' wildlife habitats and large open spaces such as golf courses. 5 1 l _ C. Areas of Applicability This authorization shall be applicable to all ' lands in the R-30 and R-50 Districts, notwithstanding any other regulations or procedures applicable to residential development. D. Permitted Uses ' Permitted uses within a subdivision under this section shall be limited to single family homes and attached townhouses, subject to the standards set forth in E. below. E. Development Standards and Controls ' Except as specified herein, all development standards, and controls otherwise applicable to residential subdivisions and uses shall also be applicable to a subdivision under this section. 1. Minimum Site Area The provisions of this section shall apply onl sites having a gross area of at least 50 acres. 2. Number of Lots or Dwelling Units ' The maximum permitted number of lots or dwelling units within an average density subdivision shall not exceed the number that ' would be achieved if the land were subdivided into lots conforming to the minimum lot size and density requirements applicable to the district in which the land is situated and all other applicable requirements, except as set forth in 5. e. below. The maximum number of lots or dwelling units shall be determined as follows: a. The gross site area shall be reduced by 20% to reflect the area that would be required for streets and irregular lots in a conventional subdivision. 6 I :: --- • The area thus derived shall be further I reduced by the area of any existing permanent easements which preclude I . development and the area of any desig- nated wetland or 100-year flood hazard zone. Ic. The resulting net area shall be divided by the minimum required lot area in the district to derive the number of lots I could be achieved under the basic prevailing zoning. I As an alternate to the above formula, the applicant may submit a subdivision plat meeting all applicable provisions I of the zoning and subdivision regulations that demonstrates a greater number of lots could be achieved under the basic prevailing zoning. I3. Average Lot Area I a. Under this section, lots may be reduced in area below the minimum lot size required in the district provided that the average size of all lots created in the subdivision is not less than the I minimum required in the district. I b. Land set aside as permanent open space shall be for common use by all lot owners in the subdivision and/or for use I as public park lands or recreation area, in accord with the provisions of G. below. The area of such land may be included to determine the average lot I size. 4. Lot Dimensions for Single Family Homes IAll lots for single family homes shall have an area of at least 10 ,000 square I feet and shall comply with the minimum requirements established in the R-10 District. I - 1 7 II 1 - • 5. Standards for Attached Townhouses a. The length of any structure shall not exceed 120 feet and no more than six townhouses may be attached in a continuous structure. b. Townhouses must be at least 20 feet wide. ' c. Townhouses shall not exceed three stories or 30 feet in height. ' d. At least. 2.5 parking spaces shall be provided for each townhouse. e. Upon specific findings that development ' of attached townhouses will more effectively achieve the objectives of this section and is more appropriate to ' the protection and preservation of natural resources on the site, the Planning Board may permit the total ' number of dwelling units under 2. above to be computed as if the site was located in an R-30 District, regardless of the actual district in which the site ' is situated. f. In any instance where the Planning Board ' utilizes the provisions of e. above, it shall require that no more than 10% of the gross site area be covered with ' impervious surfaces of any kind (roof tops, roads, parking areas, patios, paved tennis courts, etc. ) and that no more than 25% of the gross site area be disturbed in any manner including grading, landscaping, detention ponds, etc. ' 6. Joint Single Family/Townhouse Develop- ment In the event development of both town- ' houses and single family homes are proposed, the permitted number of units ' shall be determined on a proportional basis. 1 , 8 • I . IIF. Review Criteria In acting on a proposed plan, the Planning I Board shall give particular consideration to the following criteria: 1. That the proposed subdivision will not I have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic I conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. I2. That individual lots, buildings, and streets are designed and situated to II minimize alteration of the natural site features to be preserved. 3. That any open space to be preserved ' includes irreplaceable natural features located on the site ( such as, but not limited to, stream beds, significant II stands of trees, individual trees of significant size, and rock outcroppings) to the maximum extent feasible. II, I 4. That the proposed subdivision will be served adequately by essential public facilities and services such as high- II ways, streets, police and fire protec- tion, drainage structures, water and sewer systems. IG. Preservation of Permanent Open Space 1. A least 40% of the gross site area shall Ibe preserved as permanent open space. 2. If open space is not dedicated to public I use, it shall be protected by legal arrangements, satisfactory to the Town Attorney, sufficient to assure its I maintenance and preservation for what- ever purpose it is intended. Covenants or other legal arrangements shall specify ownership of the open space; I methods of maintenance; responsibility for maintenance taxes and insurance; compulsory assessment provisions; IIguarantees that any association formed 9 II 1 • 1 to own and maintain open space will not ' be dissolved without the consent of the Planning Board and any other specifica- tions deemed necessary by the Planning ' Board to ensure that such open space will remain undeveloped in perpetuity. H. Prohibition to Resubdivide ∎ ' The final plat shall include notation that e any lot created under the provisions of this ' 03. section, including permanent open space, shall not be resubdivided. ›l I I. Guidelines for Required Use of Average Density Procedures ' The Planning Board may require that a sub- division plat be modified in accordance with provisions of this section when it finds that one or more of the following conditions ' exist: 1. The site contains a designated wetland. ' 2. Any portion of the site is within the 100-year flood hazard area. ' 3. The site is within or adjacent to a Critical Environmental Area designated by the Town Board pursuant to §617 .4 of ' 6 NYCRR Part 617, the regulations implementing the State Environmental Quality Review (SEQR) Act. ' 4. The site contains a golf course or other large recreation facility or other unique or unusual physical feature which ' the Planing Board determines can best be preserved by use of the provisions of this section. 1 10 1 ' J. Procedures Any residential development proposed under ' the provisions of this section shall be subject to all applicable procedures, stan- dards and requirements of the ordinance ' governing the subdivision of land and the approval of site plans in the Town of Mamaro- neck. 1 881266 .PA 8717622.ad 1 1 1 1 1 1 1 11 I 2 — 4 5 6 ji' / IIr; jG Ind I, 4.4■100 •...: i < • . . �' * • / I.�� \; r: ! s e „4.N. .,,, jf / • ..,„., ,.., ,, ._.,,,,,,,,,,,,;„r \ W 4'. `, • \ . j�, ` ' n `� 20 a'� = x I=t ,:;� 4 ,::,...s., �- r •��j � a '* S� r gy§” I• 01 ' As 40111.)!In.'lil,?#.41.,44-„2 .'-=';'°;,..'14,':Irgii.v,....,., ?„,„ . . 11 II a r• /A -Pa '^�^' F { ' �,y ' r¢ t � ;cGb . �3; v LJ•f z ', :? P.. ,; a$ k: e € �r a � k s/§ 17f t { J fi y 30 , 4 , y ,•.4 z> \liC .410)'‘W-tiittliti:S114.2-...,4-' '•$,: •,,,,A•" r♦ 1� y t• • f. \� fif � �r�f t v l o/ ti r vsch��♦'�Ar�I ♦ /1tIr-oV `\ i 0✓ aa • '1 fy S, .ntliy. @:i o% . win:P1 .. 4. .∎"flit�`�' -" PROPOSED R=50 DISTRICT 'r = o: ail\ ♦ 414.14.� v� f► \!l s' a /i'OI�♦# f` ��`;/ti i•1 �i �7" , kit Z'.�,i!;' �, %.;C� ��.,►• del � ,,!ilk pp• ., ♦♦ ♦bPia Ok'�`\ DSO` ® o`. �t ��„'• t ��� °�, J• I i ♦`V��� � � ONE FAMILY M '• it niT.40� G''�*W.'I . RESIDENCE DISTRICTS Wit* i QQ� \ r . p♦�.. r�Ij�y♦ `�� R-30 30.000 square feet • l tA,1`�1 ., \i • \ � �. / R 20 20.000 ;hii ... ` `,;`\\w� .per ' � �, ,G R-15 15.000 - - — 0 k q0:-.iota,x V�� , !�C1i. R-10 5 1 0,000 1 ►.�1/4 � ` �• e/\ �o� �i� R 6 5.0 00 _^_ ,, - .0. ���.. ',�� RESIDENCE DISTRICTS �� � ��I V R-2F Two family \-� 1� °a y 44 ' ,` R A Attached residence • �p•��jr ;!,fr. a �/' p ��_�� R-GA Garden apartments eta �\ R TA Tower 1,..f-, B A c�/� )j ?�jj�¢ ,i� _ �1/4 BUSINESS DISTRICTS ,•� � '.,2t\for B Business 7 y/� ���� �° '^1 � LI Light industry )\� .: . . i&VA ‘-'i-- - I .. C = • LAW OFFICES 1 OF NOV1s STEVEN M. SILVERBERG, P.C. s 570 TAXTER ROAD � '1�1v~a `JWP 0 . ELMSFORD, NEW YORK 10523 19141 347-3131 TELECOPIER 1914) 347-2828 STEVEN M.SILVERBERG November 13 , 1989 AMY L.HOLTZER ERIC 5.ZAIDINS• •ADMITTED NY &D.C. Stephen V. Altieri, Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543-3319 Dear Steve: I reviewed the most recent addendum of the Land Use Regulation Proposal for golf course areas from Dan Shuster. I would note that the Town Board should review same particularly with regard to the provisions on pages 6 and 10 which set the minimum site area and guidelines for application of these cluster requirements. I am not certain that those provisions set forth the intent of the Town Board with regard to the application of cluster and therefore would suggest that the Town Board take a good look at those particular provisions prior to making a recommendation and forwarding the proposal to the Planning Board for review. Very truly yours, Steven M. Silverberg SMS:11 cc: Mr. Daniel Shuster . • i h � • TOWN OF MAMARONECK SEQRA FINDINGS STATEMENT on PROPOSED URBAN RENEWAL PLAN FOR THE BOSTON POST ROAD/ WEAVER STREET • Town of Mamaroneck FINDINGS STATEMENT on Proposed Urban Renewal Plan Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the Town Board of the Town of Mamaroneck as lead agency makes the following findings: DESCRIPTION OF ACTION The proposed action is an urban renewal plan for the Boston Post Road/Weaver Street pursuant to the General Municipal Law of the State of New York. Because of the nature of the proposed action it was determined by the Town Board as lead agency that a generic environmental impact statement should be prepared for this project. The following is a summary of the proposed actions. 1. Amendment to the zoning regulations to establish minimum frontage for business uses and to refine the list of permitted uses to exclude automotive uses. 2 . The development of a detailed design concept for the public right-of-way and private frontage to be implemented in a staged, cooperative program by the Town, the State DOT and adjacent property owners. 3 . The acquisition of property known as the Larchmont Motel. 4 . That the zoning ordinance of the Town be amended to include within designated urban renewal areas the following: (a) Any permitted use in the business district-B in accord with the construction requirements therefore set forth in Section 89-41 of the Zoning Ordinance. (b) Any use permitted in the Tower Apartment District- RTA, in accord with the construction requirements therefore set forth in Section 89-39 except that building heights shall not exceed four stories or -2- forty-four feet and there shall be at least 1, 750 square feet of lot area for each dwelling unit on the site. ENVIRONMENTAL SETTING The general area of the Boston Post Road in the Town of Mamaroneck exhibits low density characteristics of Post War "Highway Strip" development. In the area proposed for the urban renewal plan, some of the larger parking lots have wide curb cuts that virtually eliminate the sidewalks and pose potential safety hazards for pedestrians. The least intensively developed parcel adjacent to the International House of Pancakes has recently been developed. Other properties capable of accommodating more intensive uses are the VFW site and the Larchmont Motel. In the area around the Larchmont Motel, landscaping and sidewalks are in poor condition and several incompatible uses exist. In addition, frequent Building Code Violations and arrests occurring at the motel pose a blighting influence on the surrounding area and a drain on municipal services. AGENCY JURISDICTION: The Town Board of the Town of Mamaroneck is lead agency as it is the agency which will ultimately determine whether to approve the proposed Urban Renewal plan. DATE FINAL FEIS FILED On June 28 , 1989, the Town Board accepted as complete the Final Generic Impact Statement and filed same pursuant to Part 617 of the State Environmental Quality Review Act Regulations and caused notice of such completion to be posted and circulated. FACTS AND CONCLUSIONS IN THE GENERIC ENVIRONMENTAL IMPACT STATEMENT RELIED UPON TO SUPPORT THE DECISION. The Town Board has relied upon the following sources of information to form the basis for their findings on the proposed action: 1. The information, facts and conclusions contained in the Draft and Final Generic Environmental Impact Statements dated March, 1989 and July, 1989 respectively. 2 . The written and oral comments received regarding the proposed action at the public hearing held upon the proposed action and thereafter during the public comment periods on the Draft GEIS and Final GEIS. -3- The Town has used all practicable means available to it to consider the environmental consequences of the proposed urban renewal plan and the proposed implementation actions under the urban renewal plan. Based upon comments and recommendations received the Final Generic Environmental Impact Statement has recommended the amendment of the Urban Renewal Plan to include amendments to the Zoning Ordinance for implementation which differ from those originally proposed in the Urban Renewal Plan. The Town has therefore used all practicable means to select alternatives, which, consistent with social , economic and other considerations to the maximum extent practicable minimize or avoid adverse environmental impacts. These findings are based on all relevant information available to the Town Board, including the detailed Draft and Final Environmental Impact Statements considered and accepted by it and adopted following careful consideration of the Draft and Final Environmental Impact Statements and the comments submitted thereon. The proposed Urban Renewal plan contains provisions which will' implement the Master Plan which has recently been adopted by the Planning Board of the Town of Mamaroneck and will tend to improve the overall quality of land use in the Urban Renewal area. The proposed acquisition of parcel 169, block 411, the Larchmont Motel , will have a beneficial effect upon the surrounding area by removing certain blighting influences which exist as a result of the operation of the motel. The proposal to improve sidewalks, landscaping, and curb cuts in the area will have a beneficial effect upon traffic and pedestrian safety as well as an improvement to the aesthetics of the area. All of these proposals will enhance the properties and business in the area and improve property values making the entire area more attractive to shoppers and other who come into the area on business and otherwise. The proposed implementation of the Urban Renewal Plan will further enhance the overall quality of life in the surrounding area by removing those blighting influences noted in the Draft Generic Environmental Impact Statement. The substantial number of arrests at the Larchmont Motel including 25 arrests for criminal possession and sale of controlled substances and the further anti-social behavior in close proximity of a public school and recreational facility on Hommocks Road will be eliminated through the proposed acquisition of the motel property. The removal of these substantial blighting influences which effects the public health, safety and welfare will be a direct result of the implementation of the proposed urban renewal plan. -4- Therefore, not only will there be no substantial adverse environmental impacts which cannot be mitigated but the proposed action should in fact remove existing conditions which presently impact adversely upon the area encompassed by the proposed Urban Renewal Plan. CERTIFICATION OF FINDINGS TO APPROVE Having considered the Draft and Final Generic Environmental Impact Statements and having considered the preceding written facts and conclusions relied upon which meet the requirements of 6 NYCRR 617. 9, this Statement of Findings certifies that: 1. The Town Board has given careful consideration to the Final GEIS ; 2 . The requirements of 6 NYCRR Part 617 have been met; 3 . Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto the action approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable including the effects disclosed in the Environmental Impact Statement and 4 . Consistent with social, economic and other essential considerations to the maximum extent practicable adverse environmental effects revealed in the Generic Environmental Impact Statement process will be minimized or avoided by incorporating a3 conditions to the decision those mitigating measures which are identified as practicable. Town Board of the Town of Mamaroneck -5- 4 r Dated: Mamaroneck, New York July 12 , 1989 Mamaroneck Town Center, 740 West Boston Post Road, Mamaroneck, N.Y. cc: List Agencies -6-