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
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11regulations?
architectural or aesthetic resources?
2. Will the proposed action result in a change in the use or intensity of use of land?
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3. Will the proposed action impair the character or quality of the existing community?
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4. Will the proposed action have an impact on the environmental characteristics that caused the
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establishment of a Critical Environmental Area (CEA)?
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5. Will the proposed action result in an adverse change in the existing level of traffic or
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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
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reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
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a. public / private water supplies?
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b. public / private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic, archaeological,
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architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
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Elwaterbodies,
groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
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problems?
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11. Will the proposed action create a hazard to environmental resources or human health?
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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)
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