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Public Hearing - INTRODUCTORY LOCAL LAW MIXED USE FLOATING ZONING DISTRICT

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16 Jul, 2020 PM 7:30 — 16 Jul, 2020 PM 7:39 (UTC-05:00) Eastern Time (US & Canada)   
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TOWN OF CRAWFORD

NOTICE OF HEARING

INTRODUCTORY LOCAL LAW

MIXED USE FLOATING ZONING DISTRICT

            PUBLIC NOTICE is hereby given that there has been introduced before the Town Board of the Town of Crawford, New York, on June 18, 2020, a local law entitled “Mixed Use Floating Zoning District”, which local law would establish a new mixed use floating zoning district; set forth the permitted uses in that district, including multifamily dwellings, general retail, personal service, restaurant and other commercial uses; set forth bulk requirements; and provide a procedure to designate properties as a Mixed Use zoning district.  A complete copy of the Introductory Local Law is available for inspection at the Clerk's Office.

NOW, THEREFORE, pursuant to Section 20 of the Municipal Home Rule Law, the Town Board of the Town of Crawford, New York, will hold a public hearing on the aforesaid Local Law at the Town Hall, 121 Route 302, Pine Bush 12566, on Thursday, July 16, 2020, at 7:30 P.M., at which time all persons interested therein shall be heard.

            The Town of Crawford will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Town Clerk.

Dated:    July 1, 2020                                                  BY ORDER OF THE TOWN BOARD OF THE TOWN OF CRAWFORD

 

                                                                                    JESSICA KEMPTER, TOWN CLERK       

 

TOWN OF CRAWFORD

INTRODUCTORY LOCAL LAW

MIXED USE FLOATING ZONING DISTRICT

 

 

            BE IT ENACTED by the Town Board of the Town of Crawford, County of Orange, State of New York, as follows:

 

            Section 1.        Legislative intent.  The intent of this local law is to allow the development on a single tract of land of multi-family dwellings and commercial uses, and to authorize the development of smaller (one-bedroom and two-bedroom) multi-family dwelling units to provide affordable housing.  There is very little affordable rental housing in the Town.  Mixed use development has the added benefit of providing commercial services, such as stores, banks and other uses, within easy walking distance of the residences, which also reduces traffic on area roads.  

 

            Section 2.        Chapter 137, titled “Zoning,” of the Code of the Town of Crawford is amended by adding a new section, designated as §137-25.2.2 and titled “Mixed Use Floating Zoning District,” to read as follows:

 

            §25.2.2.           Mixed Use Floating Zoning District.

 

            A.        Permitted uses. The following uses are permitted as special permit uses in a Mixed Use Floating Zoning District (MU District):           

                                                           

                        (1)        Multi-family dwellings, subject to the following:  

                                    (a)  No more than two bedrooms per dwelling unit

                                    (b)  Compliance with §137-28E, except §137-28E(10)

                                    (c)  The requirement in §137-28E(9) to provide a children’s play area is    modified to 200 square feet per dwelling unit                       

                        (2)        General retail

                        (3)        General business office

                        (4)        Medical office

                        (5)        Personal service

                        (6)        Bank

                        (7)        Restaurant

                        (8)        Any other use permitted by the Town Board upon its designation of certain property as a MU District.

 

            C.        Bulk requirements and parking.  The following dimensional requirements are applicable in a MU District, provided, however, that the Town Board may modify the requirements where appropriate so that the mixed use development will conserve the environment, preserve or foster neighborhood character or preserve open space.

 

                        (1)        Minimum lot size: 5 acres

                        (2)        Minimum lot width: 200 feet

                        (3)        Minimum front yard setback:

                                    (a) Town highway: 100 feet

                                    (b) County road: 100 feet

                                    (c) State highway 100 feet

                        (4)        Minimum side yard setback (each): 30 feet

                        (5)        Minimum rear yard setback: 40feet

                        (6)        Maximum building height: 35 feet

                        (7)        Maximum building coverage: 40%

                        (8)        Minimum distance between residences and business buildings:

                                    As determined by the Planning Board during site plan review.

                        (9)        Residential density: 7dwelling units per gross acre.

                        (10)      Maximum gross floor area for dwelling units:

                                    1-bedroom units: 900 square feet

                                    2-bedroom units: 1,000 square feet

                        (11)      Minimum commercial floor area per dwelling unit:  400 square feet

                        (12)      Parking requirement for residential use:  1.5 spaces per dwelling unit

                        (13)      Parking requirement for commercial uses:  As required in §137-23

 

            D.        Supplementary regulations. 

 

                        (1)        The minimum lot size, minimum lot width and residential density requirements apply to the size and dimensions of the applicant’s property prior to any subsequent subdivision of that property.  If a property is subdivided as part of or after site plan review, then the minimum lot size of each subdivided lot shall be three (3) acres and the minimum lot width of each subdivided lot shall be 150 feet.

 

                        (2)        All proposed development in the MU District shall be designed on a site plan that shows the multi-family buildings, commercial buildings and all associated infrastructure and amenities.  The Planning Board shall review and either deny, approve or approve with conditions only a site plan that shows all such residential and commercial buildings, infrastructure and amenities.

 

            E.         Procedure to designate properties as a MU District. 

                       

                        (1)        A petition to designate certain property as a MU District shall be made to the Town Board pursuant to the zoning amendment provisions of §137-38. The petition for MU District designation shall include a survey showing the approximate location of proposed buildings and other structures, proposed uses of each building, parking areas, vehicle circulation, pedestrian circulation and other proposed facilities. The petition shall also include a vicinity map showing adjoining and nearby roads, neighboring properties and water mains and sewer mains. In addition, the petition shall be accompanied by a completed full environmental assessment form (EAF) or a draft environmental impact statement (DEIS) pursuant to the State Environmental Quality Review Act (SEQR).  The Town Board has no obligation to consider a MU District petition and the Town Board may, in its sole discretion, choose not to take action on or reject a petition for a MU District at any time prior to final adoption of a zoning amendment.

 

                        (2)        Within six months of the date that the Town Board adopts a zoning amendment designating certain property as a MU District, the applicant shall apply to the Planning Board for site plan and special permit use approval.  If a period of more than six months passes between the Town Board designation of the MU District and submission of a site plan and special permit use application, the MU District designation shall expire, and the property shall revert to its prior zoning classification unless the MU designation is extended by resolution of the Town Board.            

 

                        (3)        A petition fee shall be established by resolution of the Town Board, and may be modified from time to time by Town Board resolution.  In addition, if the Town incurs expenses for assistance in the review of the application, the applicant shall be required to pay the reasonable expenses incurred by the Town and deposit funds with the Town prior to the cost being incurred. Such assistance includes, but it not limited to, services provided by professional planners, licensed engineers, licensed landscape architects, licensed attorneys, licensed land surveyors and licensed property appraisers. 

 

            Section 3.        Section 137-4, titled “Enumeration of districts,” of Chapter 137, titled “Zoning,” of the Code of the Town of Crawford is amended by adding the following zoning district:

 

            MU      Mixed Use Floating District

 

            Section 4.        Severability.  If any section, subsection, paragraph, clause,   phrase or provision of this local law (jointly, “provision”) is adjudged invalid by any court of competent jurisdiction, such judgment shall be limited to the particular provision adjudged invalid and shall not affect the validity of this local law as a whole or any part thereof other than the provision adjudged invalid.

 

            Section 5.        This local law shall take effect immediately upon filing with the Secretary of State.

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    16 Jul, 2020 PM 7:30 — 16 Jul, 2020 PM 7:39
    (UTC-05:00) Eastern Time (US & Canada)