[Added 6-24-2014 by L.L. No. 13-2014, effective 7-8-2014]
[1]
Editor's Note: See also the Ronkonkoma Land Use and Implementation Plan, included as an attachment to this chapter.
A.
The Ronkonkoma Hub Transit-Oriented Development (TOD) area consists
of approximately 53.73 acres in the Hamlet of Ronkonkoma, and is generally
bounded by Union Avenue on the north, Village Plaza Drive on the east,
the Long Island Rail Road (LIRR) tracks (Ronkonkoma Branch) on the
south, and Garrity Avenue, Hawkins Avenue, and Ronkonkoma Avenue on
the west.
B.
In 2007, the Town embarked upon a multi-phased planning study, known
as the "Ronkonkoma Hub Transit-Oriented Planning Study" (hereinafter
the "Ronkonkoma Hub Planning Study"), aimed at revitalizing a multi-block
area around the "Ronkonkoma Hub," which is one of the busiest stations
in the LIRR system. The area immediately surrounding the train station
consists of numerous vacant/unoccupied parcels and/or structures that
have a deteriorated or run-down appearance, local businesses, and
large surface parking lots, some of which are located along Railroad
Avenue, east and west of the existing train station.
C.
The goal of the Ronkonkoma Hub Planning Study was to develop a vision
for compact, mixed-use redevelopment of underutilized land that supports
and expands on the high passenger volume in, and recent improvements
made to, the Ronkonkoma train station. The desired outcome of the
planning study was a long-term development strategy that established
clear and predictable guidance for the revitalization of the blighted,
vacant, and/or underutilized parcels in the Ronkonkoma Hub.
D.
Key goals of the Ronkonkoma Hub Planning Study included:
(1)
Promoting quality and healthy communities;
(2)
Redirecting growth to areas already served by existing infrastructure;
(3)
Expanding transportation choices to enhance environmental quality;
(4)
Reducing vehicle trips around the train station;
(5)
Supporting compact, mixed-use, transit-accessible, pedestrian-oriented
redevelopment;
(6)
Creating a "sense of place";
(7)
Supporting local businesses;
(8)
Creating housing choices;
(9)
Exploring reverse-commute opportunities; and
(10)
Enhancing the tax base for the Town and the region to support
the variety of taxing districts.
E.
Phase 1 of the Ronkonkoma Hub Planning Study, completed in April
2008, focused on documenting the existing conditions of an approximately
181±-acre study area, including analysis of existing zoning,
multifamily housing demand, parking, building space, and transportation
infrastructure, as well as the creation of goals and objectives and
preliminary analysis of the development potential for priority development
sites. The study area was generally bounded by the LIRR train line
on the south, Expressway Drive on the north, Bay Avenue on the west,
and Babcock Avenue on the east.
F.
Phase 2 of the Ronkonkoma Hub Planning Study, completed in March
2009, built upon the work completed in Phase 1 and generated a long-term
vision and implementation strategy aimed at providing guidance for
potential future development around the LIRR Ronkonkoma station.
G.
The implementation phase, or Phase 3, of the Ronkonkoma Hub Planning
Study incorporated the principles of the aforesaid planning process,
but eliminated the single-family residential areas from the study
area and, thus, from any proposed zoning changes or development modifications.
As part of the implementation strategy, a proposed Land Use and Implementation
Plan was prepared.
H.
Based upon the results of Phases 1 and 2 of the visioning and planning
process conducted from 2007 to 2009, as described above, a 53.73±-acre
area (which did not include the existing single-family residential
communities in the aforesaid study area) was selected to be considered
for rezoning and redevelopment, as identified in the proposed Land
Use and Implementation Plan.
I.
This 53.73±-acre area was identified for potential rezoning
and redevelopment mostly because it includes parcels located on key
"gateway" roadways serving the train station (Railroad Avenue, Hawkins
Avenue, and Mill Road), where higher-density, mixed-use development
would be most appropriate.
The Town Board's intent in adopting this article and the Ronkonkoma
Hub TOD District is to allow for comprehensive, transit-oriented,
and economically viable revitalization of the area including and proximate
to the LIRR Ronkonkoma train station by:
A.
Promoting economic development opportunities;
B.
Encouraging the efficient use of land;
C.
Encouraging land uses that complement existing surrounding uses and
better utilize existing public transit infrastructure at the train
station;
D.
Encouraging building reuse and "infill" to create higher densities;
E.
Encouraging a pedestrian-friendly environment, as well as pedestrian-oriented
commercial enterprises and consumer services that do not rely on automobile
traffic to attract consumers;
F.
Encouraging flexibility and consistent high quality in site and architectural
design;
G.
Facilitating new development, as well as redevelopment of existing
vacant/unoccupied parcels, that increases the area's marketability
and enhances the tax base; and
H.
Facilitating development of a compact, mixed-use, self-sufficient
community that fosters a "sense of place" and serves the diverse needs
of workers, visitors, and residents.
This article is enacted pursuant to Statute of Local Governments
§ 10(6) and Municipal Home Rule Law §§ 10(1)(ii)(a)(14),
10(1)(ii)(d)(3), and 10(2), and is intended to and shall supersede:
A.
The entirety of Town Law § 261-b (relating to incentive
zoning);
B.
Town Law § 261-c (relating to planned unit development
zoning districts) to the extent that such section requires that certain
land uses be provided for through "planned unit development district
regulations";
C.
Town Law § 262 (relating to zoning districts) to the extent
that such section requires that regulations within a zoning district
be uniform for each class or kind of buildings throughout such district;
D.
Town Law § 263 (relating to Comprehensive Plans and zoning
purposes) to the extent that the zoning purposes therein are inconsistent
with the planning goals and principles underlying the aforesaid Urban
Renewal Plan for the Ronkonkoma Hub, the aforesaid Ronkonkoma Hub
Transit-Oriented Development Land Use and Implementation Plan, and/or
this article;
E.
Town Law § 269 (relating to zoning law conflicts) to the
extent that such section provides that regulations made under authority
of Article 16 of the Town Law, which impose greater or higher dimensional
requirements, shall govern over standards required in any other statute
or local law, ordinance or regulation;
F.
Town Law § 270 (relating to an official Town map) to the
extent that such section provides that such map shall be final and
conclusive with respect to the location and width of streets and highways,
drainage systems, and the location of parks shown thereon;
G.
The entirety of Town Law § 272-a (relating to Town Comprehensive
Plans);
H.
Town Law § 273 (relating to Official Maps and changes thereto)
to the extent that such section requires change or addition to the
Town's Official Map so as to lay out new streets, highways, drainage
systems, or parks, or to widen or close existing streets, highways,
drainage systems, or parks, provides that changes or additions to
the Town's Official Map shall be deemed to be final and conclusive
with respect to the location of streets, highways, drainage systems,
and parks shown thereon, and provides that the layout, widening or
closing, or approval of the layout, widening, or closing, of streets,
highways, drainage systems, or parks by the Town Board or the Town
Superintendent of Highways shall be deemed to be an addition or change
of the Town's Official Map and subject to the provisions of Article
16 of the Town Law with regard to such additions or changes;
I.
Subsections 2(a) and 6 of Town Law § 274-a (relating to
site plan review and approval) to the extent that such subsections
limit required site plan elements to those included in a zoning ordinance
or local law authorizing the review, approval, or disapproval of site
plans, authorize the Board reviewing site plans to require a park
or parks suitably located for playground or other purposes before
approving a site plan containing residential units, and authorize
the Board reviewing site plans to require a sum of money in lieu of
such park or parks; and
J.
The entirety of Subdivision 1 of Town Law § 280-a (relating
to permits for buildings not on improved mapped streets).
The provisions of this article shall supplant, supersede, and
prevail over any other chapters, articles, and provisions of the Code
of the Town of Brookhaven (hereinafter the "Town Code"). Except as
otherwise provided in this article, any other chapters, articles,
or provisions of the Town Code that are inconsistent with, in conflict
with, or in addition to the aforesaid Ronkonkoma Hub Transit-Oriented
Development Land Use and Implementation Plan (as it may have been
amended), the aforesaid Regulating Plan, this article, and/or the
standards and procedures set forth herein shall have no application,
force, or effect within the Ronkonkoma Hub TOD District.
The Regulating Plan incorporated in this article designates
the subdistricts comprising the Ronkonkoma Hub TOD District and the
various roadways within and adjacent to those subdistricts. In reviewing
proposed development in the Ronkonkoma Hub TOD District, the Planning
Board shall determine that such proposed development complies with
the Regulating Plan and with the descriptions, building forms, and
development parameters applicable to each of the subdistricts, as
depicted on the Regulating Plan and set forth in subsequent sections
of this article.
The Ronkonkoma Hub TOD District shall encompass the following
parcels on the Suffolk County Tax Map, as well as all roadways, shown
on the Regulating Plan, that lie between or adjacent to such parcels:
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0200-799.00-03.00-032.000
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0200-799.00-03.00-033.001
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0200-799.00-03.00-033.002
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0200-799.00-03.00-034.000
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0200-799.00-03.00-035.000
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0200-799.00-03.00-036.000
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0200-799.00-03.00-037.000
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0200-799.00-03.00-038.000
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0200-799.00-03.00-039.000
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0200-799.00-03.00-040.001
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0200-799.00-03.00-040.002
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0200-799.00-03.00-041.000
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0200-799.00-03.00-042.000
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0200-799.00-03.00-043.000
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0200-799.00-03.00-044.000
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0200-799.00-03.00-045.001
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0200-799.00-03.00-049.000
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0200-799.00-03.00-050.000
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0200-799.00-04.00-044.000
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0200-799.00-04.00-047.001
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0200-799.00-04.00-048.000
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0200-799.00-04.00-049.000
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0200-799.00-04.00-051.001
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0200-799.00-04.00-052.000
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0200-799.00-04.00-053.000
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0200-799.00-04.00-054.000
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0200-800.00-01.00-027.001
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0200-800.00-01.00-028.000
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0200-800.00-01.00-031.001
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0200-800.00-01.00-033.001
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0200-800.00-01.00-034.000
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0200-800.00-01.00-035.007
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0200-800.00-01.00-035.008
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0200-800.00-01.00-035.009
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0200-800.00-01.00-036.000
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0200-800.00-01.00-038.000
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0200-800.00-02.00-009.000
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0200-800.00-02.00-010.000
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0200-800.00-02.00-011.000
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0200-800.00-02.00-012.000
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0200-800.00-02.00-013.000
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0200-800.00-02.00-014.000
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0200-800.00-02.00-015.000
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0200-800.00-02.00-016.000
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0200-800.00-02.00-017.000
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0200-800.00-02.00-018.000
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0200-800.00-02.00-019.000
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0200-800.00-02.00-020.000
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0200-800.00-02.00-021.000
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0200-800.00-02.00-022.000
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0200-800.00-02.00-023.000
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0200-800.00-02.00-028.001
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0200-800.00-02.00-028.003
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0200-800.00-02.00-028.004
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The following terms, as used in this article, shall be defined
as follows:
An area bounded by the nearest of (1) a lot line along a
public or private street, and/or (2) a public pedestrian passageway,
and/or (3) as restricted by existing local conditions. A block shall
have a perimeter dimension not less than 1,300 linear feet and not
greater than 1,600 linear feet. Exception: Where a block spans two
subdistricts, each subdistrict within the block shall be considered
a separate block for the purpose of calculating permitted land use
percentages.
The total area of a lot available for construction of a building(s)
and structure(s), as defined by:
The total building floor area permitted in a block. It is
calculated by multiplying the total of the buildable lot areas for
all lots in the block by the maximum number of stories permitted in
the block.
The range of distances, as measured from the street lot line,
within which the ground-floor facades of principal buildings must
be located along primary and secondary frontages. Exception: Where
there is a designated outdoor space between the street lot line and
a building, the build-to zone shall be measured from the inner line,
i.e., the line opposite and farthest from the lot line, of such designated
outdoor space.
A building or group of buildings designed for single- and/or
multiday events, industrial/trade shows, and the like, having exhibit
areas, conference rooms, hotel accommodations, restaurants, and other
related facilities.
An area or horizontal space, including but not limited to
a park, green, node, pedestrian median, square, plaza, courtyard or
outdoor eating or drinking area, that is open to and unobstructed
from the sky, except for canopies or other structures providing protection
or shelter from sun or weather.
The total length, measured parallel to the lot line along
a principal frontage, of the facades of all buildings in a block.
A single unit consisting of both residential and nonresidential
space.
A building or structure, or part of a building or structure,
used for the bulk parking of vehicles, with no facilities for motor
vehicle repair or service.
A covered open-air structure, typically used for shelter,
concerts, exhibits, or temporary retail sales. A pavilion shall not
be required to comply with minimum height limits.
The side of a block that is of greatest length, abuts a public
street, and contains one or more main building entrances, or that
is otherwise designated by the Planning Board at site plan approval.
There shall be one principal frontage per block.
Any side of a block that abuts a public street but is not
a principal frontage or that is otherwise designated by the Planning
Board at site plan approval.
That portion of a building or structure included between
the surface of any floor that is at or above the average grade and
the surface of the floor (not including any mezzanine) next above
it or, if there is no floor above it, then the space between such
floor and the ceiling next above it. A basement not greater than six
feet in height above the average grade, any other structure that is
not greater than six feet in height above the average grade plane,
and attics which do not include any habitable space shall not be considered
a story.
A vertical architectural element of limited length and width
that does not include any habitable space, which is permitted to exceed
the maximum height of the subdistrict to the extent permitted by the
New York State Building Code.
Recognizing the importance of comprehensive redevelopment of
the lands in the Ronkonkoma Hub TOD District in accordance with the
aforesaid Urban Renewal Plan for the Ronkonkoma Hub, the aforesaid
Ronkonkoma Hub Transit-Oriented Development Land Use and Implementation
Plan (as it may have been amended), and the provisions of this article:
A.
The development of any lands within the Ronkonkoma Hub TOD District
shall require the submission of a site plan application that conforms
to the requirements of the Regulating Plan, and is subject to Planning
Board site plan approval.
B.
The minimum lot area requirement for any site plan application shall
be 10 acres, except that such minimum lot area requirement shall not
apply to amendments of prior site plans that have previously received
site plan approval(s) pursuant to this article.
C.
Any resolution of approval or conditional approval issued by the
Planning Board shall be subject to the applicant obtaining all approvals,
licenses and/or permits required from other governmental agencies
having jurisdiction of the proposed development. As a condition of
approval, the applicant may be required to file appropriate legal
documentation as the Planning Board determines necessary to provide
for and ensure the continued proper future maintenance, use and ownership
responsibility for civic spaces, facilities, utilities and services
both in connection with site plan approval and in relation to the
planned development of the area as a whole. Such documentation shall
be acceptable to the Town Attorney in form and substance.
If any clause, sentence, paragraph, section or item of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not impair nor invalidate the remainder
hereof, but such adjudication shall be confined in its operation to
the clause, sentence, paragraph, section or item directly involved
in the controversy in which such judgment shall have been rendered.
