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HomeMy WebLinkAboutLocal Law # 1 2020 Pre-approvalTown of Danby Local Law Number of 2020 A local law to amendment the Town of Danby Zoning Ordinance Section 805 regarding General Considerations for Site Plan Review Adopted by the Danby Town Board , 2020 Be it enacted by the Town of Danby as follows: Section 1. Authority This Local Law is adopted pursuant to Section 261 of the Town Law of the State of New York, which authorizes the Town to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and pursuant to § 10 of the Municipal Home Rule Law, which authorizes the Town to adopt local laws that advance public health, safety, and welfare. Section 2. Statement of Purpose The 2003 Town of Danby Comprehensive Plan included the following in Chapter III — Land Use: B1. The design of development is more important than density. Flexible and attractive design of buildings and sites that is related to specific property characteristics should be encouraged through design standards that maintain and enhance local community character as well as protecting open space. Objective 2, Strategy 2.2. Discourage commercial strip development by locating businesses as close to the hamlet as possible and, where appropriate, by encouraging flexibility in lot dimensions and site design [emphasis added]. The 2009 Sustainable Hamlets Revitalization Plan stated "the Town should develop a set of design guidelines for site design, architecture, signage, and streetscape enhancements that are consistent with the themes identified in the community branding and promotions study to ensure high quality development". The Commercial Design Guidelines are a concise, easy to understand guidance document for the Planning Board to use in reviewing and evaluating Site Plan applications. Section 3. Amendments to the Zoning Ordinance A. The Town of Danby Zoning Ordinance, Article VIII, Section 805 is hereby amended as follows. Add: Local Law # of 2020 Amending Zoning Ordinance Section 805 regarding General Considerations for Site Plan Review Page I of 2 14. Compliance with the Town's Commercial Design Guidelines, Appendix II of this ordinance. B. The Town of Danby Zoning Ordinance is hereby amended as follows. Add: Appendix II — Commercial Design Guidelines (see attached). Section 4: Effect on Existing Applications or Projects Any project or building that has been issued a site plan approval and a building permit shall not be required to re -apply or update such approvals and permits to comply with this Local Law, but all future improvements, applications, permits and reviews shall be required to comply with this Local Law and the Commercial Design Guidelines of Appendix II. Any application or project with a pending review, or for which a building permit has not been issued as of the effective date of this Local Law, shall comply with this Local Law. Section 5: Severability If any part or provision of this local law or the application hereof to any person or circumstance be adjudged invalid or unenforceable by any court or tribunal of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances. If such part or provision cannot be so limited or saved then it shall be deemed severed here from and the town board hereby declares that it would have passed this local law, or the remainder hereof, had such invalid or unenforceable application or provision been apparent or omitted. Section 5: Effective Date This local law shall take effect immediately. Local Law # of 2020 Amending Zoning Ordinance Section 805 regarding General Considerations for Site Plan Review Page 2 of 2 APPENDIX II — COMMERCIAL DESIGN GUIDELINES rev2 2-6-2020 Contents I. Purpose and Objectives 2. Building Placement 3. Building Design a) Massing b) Materials c) Windows d) Entrances e) Screening of Equipment and Refuse f) Canopies g) Exterior Building Lighting 4. Site Design a) Parking b) Site Circulation c) Landscaping d) Natural Features e) Site Lighting 5. Signage 6. Applicant Submission Information a) Drawings, graphics, and narrative 7. Terminology 1. PURPOSE AND OBJECTIVES The purpose of these guidelines is to provide greater direction and clarity for applicants, citizens, town staff, Planning Board, and anyone involved in the Site Plan Review process. The objective is to improve the design quality of new commercial development projects that go through the Site Plan Review process, especially in the hamlets and along the Routes 34/96 and 96B corridors. �% It is the Town's intent to: a) foster attractive buildings and sites with thoughtful design and high quality materials b) foster designs that have continuity with the design traditions of Upstate New York and the Town of Danby. c) foster the preservation and enhancement of significant views and characteristics of the natural landscape including important topographic, watercourse and view features. d) promote and enhance the interconnection of on-site pedestrian walkways with existing or future off-site pedestrian ways. Town of Danby Zoning Ordinance Appendix II, Commercial Design Guidelines Page I of 7 e) encourage opportunities to allow pedestrian accessibility to areas with strong natural features such as meadows, wooded areas, wetlands and watercourses, by the attainment of public rights-of-way for public access. f) promote pedestrian connections between adjacent commercial properties. g) seek visual and design coordination on contiguous parcels which can be viewed from public rights-of-way. h) screen dumpsters, loading docks, and parking areas from the public right-of-way and adjacent residential uses 2. BUILDING PLACEMENT Buildings should be placed on the site in considered, contextual, relationships with nearby buildings, especially in the Danby and West Danby hamlets. Alignment of the front facade with the traditional built forms of hamlets and small villages in Upstate New York is strongly encouraged along all road frontages., For -- gas stations or convenience stores with fuel sales, vehicle fuel sales areas (pump islands, canopies) should be to the side or Existing house rear of the retail structure as illustrated in the graphic to the right. .:,. 3. BUILDING DESIGN Building design should take. context into consideration and draw on nearby properties and the design traditions of Upstate New York and the Town of Danby. The Board and the Town Planner will review the proposed building(s) and site drawings and request designs that relate to the above referenced design traditions. Such considerations shall include, but not be limited to, the following: Existing house - Existing house a 8 skj road ►Jew retail bunking Building entrance cas canopy Parking ql Consistent setback Town of Danby Zoning Ordinance Appendix II, Commercial Design Guidelines Page 2 of 7 a) Massing. Buildings that are larger than the traditional scale of the Town of Danby, in general larger than a footprint of 1,500 square feet, should be designed as a series of smaller masses or design components. b) Materials. The Town has a pr.ference for the use of traditional cladding patterns such as clapboard, shingle, and board and batten. Stor-e, masonry block, brick, metal, and modern stucco (EIFS) may be appropriate in limited applications. The use of split face concrete masonry units is discouraged. c) Windows. Walls facing the public road should have window area of at least 15% of the facade. Windows should be real, functional (fixed or operable) clear glass windows with clear views into the building or an internally lit display area. Windows for commercial uses should be arranged and grouped between two feet and 10 feet above the finished exterior grade. The use of simulated windows, spandrel glass, or reflective glass is strongly discouraged. d) Entrances. Building entrances should be clearly defined, in scale with the building facade, relate to the public road and have weather cover. At larger commercial buildings, the Board may request that individual commercial tenants have separate entrances. e) Screening of Equipment and Refuse. Rooftop equipment screening shall appear to be integral with the building design. Parapet walls or sloped roof forms, integral to the design of the building, are preferred. Other equipment located at grade, such as compactors, dumpsters, HVAC equipment, electrical transformers and switchgear, propane tanks, and the like, located on site shall be screened from public roads and adjacent residential uses in a Town of Danby Zoning Ordinance Appendix II, Commercial Design Guidelines Page 3 of 7 manner approved by the Board. Screening materials and design should be attractive and compatible with the building and overall landscape designs. f) Canopies. Drive through or drive under canopies, typically associated with vehicle fuel sales (gas stations), should draw on the design traditions of Upstate New York and the Town of Danby. Canopies should have a pitched roof. Canopy supports should be visually proportional to the bulk and mass of the roof structure. g) Exterior Building Lighting. Exterior building lighting should be similar in color to the color of site lighting. All building mounted exterior light fixtures should be shown on building elevations. All building mounted lighting and site lighting should be shielded from adjoining residential properties and public rights of way. Wall mounted lighting on facades that are visible from public right of ways shall utilize lighting fixtures that light down only. Fixtures that can cause night glare to off site locations should be avoided. 4. SITE DESIGN a) Parking. Parking areas shall comply with Section 706. Surface parking should be located on the side or rear of the building. b) Site circulation. • Vehicle circulation and maneuvering on site should: ■ Provide safe ingress and egress from public roads ■ Limit driveway width to ■ 24' wide for two way traffic ■ 12' wide for one way traffic ■ Avoid unnecessary pedestrian/vehicle conflict points • Pedestrian circulation should: ■ Include clear walkways through parking areas Town of Danby Zoning Ordinance Appendix H,, Commercial Design Guidelines Page 4 of 7 • Include paved, hard surfaced, sidewalks or pads near the main entrance and along the building ■ Include connections to existing or future public or semi-public trails or sidewalks. New retail building Parking C� Pedestrian connections (sidewalkipath) c) Landscaping. Landscaping should enhance the site and screen undesirable features from view. Landscaping should be used to enhance the principal building, but not screen it. The expectation is the new building will be an attractive addition to the community, not something unsightly in need of screening. Constructed berms are not appropriate in all areas and should be considered carefully. Where berms are proposed, they should avoid an unnatural and contrived appearance. Drainage ponds and swales should have natural forms and avoid straight edges. Formal plantings of upright trees that draw on traditional orchard plantings, are encouraged in certain applications, such as parking screening and along road frontages. Fencing and landscaping walls should draw on design traditions of Upstate New York and the Town of Danby. Except for areas needing to be secured or areas far back from the public road, chain link fencing is generally discouraged. d) Natural Features. Important natural characteristics or site features should be preserved and enhanced. Important features may include, but are not limited to trees and vegetation, topography, watercourses and views. e) Site Lighting. Site and parking lot light poles should not exceed 18 feet above surrounding grade. Light fixtures should be shielded to direct light downward and contained within the site. Light glare should not extend beyond the property line. Town of Danby Zoning Ordinance Appendix H,, Commercial Design Guidelines Page 5 of 7 5. SIGNAGE a) Signage shall comply with the relevant sections of the Zoning Ordinance. b) Ground mounted signs should be limited to no taller than six feet above finished grade. Taller pole mounted signs may be appropriate if they are externally lit with spotlights and not internally lit. 6. APPLICANT SUBMISSION INFORMATION cyBuilding mounted cabinet or box signs are discouraged. Channel letter, halo lit letters, or externally lit (spotlight or "gooseneck" lighting) signage is encouraged. d) Digital signs with changing, flashing, or movable text or graphics is strongly discouraged except in very limited circumstances, such as price signs for vehicle fuel sales (gas stations). In addition to the standard information required for the Site Plan Review process in Sections 801 through 806, the Planning Board expects that the following will be provided for its review and consideration. a) Drawings, graphics, and narrative text demonstrating how the proposed project follows these guidelines including: • instrument survey map of the property • first floor plan showing locations of doors and windows • building elevations with materials identified and window area calculations completed (per #3c above) • general site plan • utility plan showing electrical, water, sewer connections, location of well and septic, solar or wind energy installations, general drainage • landscaping plan with materials identified. Town of Danby Zoning Ordinance Appendix H, Commercial Design Guidelines Page 6 of 7 The Board may request a site profile incorporating a key building profile, an additional 3-1) rendition, or even a mass model, if necessary, to fully understand the three dimensional characteristics of proposed buildings. 7. TERMINOLOGY For the purposes of this Appendix, the following shall serve to clarify the meaning of special terminology included in this text: Design tradition: Upstate New York, the Finger Lakes and Southern Tier Regions, and the Town of Danby have a traditional built form constructed between approximately 1790 and 1950. Structures built between 1790 and 1950 were built at a human scale and exhibit a traditional relationship to the land, to public roads, and to each other. These structures used traditional materials such as wood, stone, and brick. Less frequently, particularly in rural areas, these structures used cast iron, cementitious stucco and corrugated metal. Structures built after 1950 were often oriented to vehicles and built at a vehicular scale and used standardized national or international design models and modern or ersatz materials, forms, and finishes. Newly constructed buildings can draw on the design traditions from the 1790 to 1950 period while utilizing appropriate currently available materials and contemporary design. Town of Danby Zoning Ordinance Appendix A Commercial Design Guidelines Page 7 of 7 Agency Use Only [If applicable] Project: coning Amendment Date: X2-10-2020 Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate No, or Moderate reasonably available energy conservation or renewable energy opportunities? small to large 7. Will the proposed action impact existing: impact impact a. public / private water supplies? may may b. public / private wastewater treatment utilities? occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning Fv-� 11regulations? architectural or aesthetic resources? 2. Will the proposed action result in a change in the use or intensity of use of land? F ❑ i 3. Will the proposed action impair the character or quality of the existing community? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the R ❑ establishment of a Critical Environmental Area (CEA)? i 5. Will the proposed action result in an adverse change in the existing level of traffic or R1 ❑ affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: V 1' a. public / private water supplies? R1 ❑ b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, Fv-� ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, a Elwaterbodies, groundwater, air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage R ❑ problems? i 11. Will the proposed action create a hazard to environmental resources or human health? R1 ❑ PRINT FORM I Pagel of 2 SERF 2019 Agency Use Only [If applicable] Project: oning Amendment Date: 12-10-2020 Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town Board, Town of Danby Name of Lead Agency Joel Gagnon Print or Type Name of Responsible Officer in Lead Agency 2-10-2020 Date Town Supervisor Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) PRINT FORM f Page 2 of 2