A.
Permitted principal uses.
(1)
Business or professional offices, research, design
and development laboratories.
(2)
Manufacturing, assembling, converting, altering, finishing,
cleaning or any other processing or storage of products or materials
except garbage, trash, refuse, waste, sludge or the residue of any
of the foregoing, in whatever form, and provided that only oil, gas
or electricity is used as a fuel, except that an installation using
other fuel may be used upon a finding by the Building Inspector that
such installation shall be free of nuisance characteristics and will
have no adverse effect on neighboring uses or upon the City's natural
environment.
B.
The following uses are specifically prohibited:
(1)
Slaughtering or processing of animals, fowl, fish
or component parts thereof, or manufacture of any commodity the major
part of which is animal or fish matter, provided that the sale of
fresh or processed animals, fowl or fish as foodstuffs shall be permitted.
(2)
Manufacture of heavy chemicals such as but not limited
to acids or other corrosives, ammonia and caustic soda, the manufacture
of products, resins, dye stuffs, glues, vegetable, animal or mineral
fats or oils, explosives, soap and detergents, fertilizers, combustible
gases, asphalt and tar products, the manufacture or production of
metals or alloys in ingot or stock form, the manufacture of matches,
linoleum, oil cloth, rubber or rubber products, the production of
cement, plaster and their constituents.
(3)
Fuel oil storage tanks and tank farms.
(4)
Junkyards.
(5)
Coke and coal yards.
(6)
Lumber yards and building material storage.
(7)
Contractors' equipment and material storage.
(8)
Light and power plants.
(9)
Municipal garbage disposal or other dumps.
(10)
Municipal or private incinerators.
(11)
Stone cutting or monument works.
(12)
Automobile repair shops or garages.
(13)
Any use which will create and/or emit odors,
dust, gas, fumes, radiation, liquids, waste gases or effluents, vibrations,
noise or conditions of hazard detrimental to the health, safety, convenience
or general welfare of the community.
(14)
No building may be used for residential purposes
except that a room, suite or house may be provided for a custodian
and his or her family.
(15)
No outdoor storage may exist abutting residential
areas.
C.
Lot area and building requirements for principal uses.
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum width: 75 feet.
(3)
Minimum frontage: 50 feet.
(4)
Minimum setback from property line: 50 feet.
(5)
Minimum rear yard: 25 feet to property line unless
such property line constitutes the boundary to a residence district
in which case the yard shall be a minimum of 75 feet or a distance
equivalent to three times the height of the building, whichever is
greater.
(6)
Minimum interior side yard: 20 feet to property line
unless such property line constitutes the boundary of a residence
district in which case a minimum of 75 feet shall be provided.
(7)
Minimum corner side yard: 50 feet.
(8)
Maximum height: except as provided hereinafter, no
part of any building shall be erected to a height greater than two
stories and in no event exceed 35 feet.
D.
Accessory uses.
(2)
Off-street parking.
(3)
Private garage space within or adjacent to a principal
building.
(4)
Commercial uses accessory to and part of permitted
uses only.
(5)
Uses normally incidental to principal uses such as
storage. Open storage must be screened from view by an eight-foot-high
fence or evergreen screening, the design and location of which shall
be approved by the Planning Board.
E.
Lot and building requirements for accessory uses.
F.
Special uses permitted at discretion of the Planning
Board.
(1)
Motor vehicle service stations, provided that the
Board finds that the area lacks such facilities or is inadequately
served by existing facilities, that proposed station is in the public
interest, will not create undue fire or traffic hazards, impair character
of neighborhood or adversely affect property values, and that the
layout and design of station is reasonably in keeping with character
of neighboring structures, thus tending to promote the stability of
the area and the taxes therefrom. Such motor vehicle service station
shall not be within 200 feet of the entrance of any church, hospital,
public library, public or duly licensed private school, nor shall
any part of the building or equipment be within 25 feet of the boundary
line of any residence district nor within 20 feet of any street or
building line and no pump shall be within 50 feet of said lines.
(2)
Public utility installations, other than light or
power plants, provided that the same are suitably located and planned
as to site, lot area, height, front, side and rear yard and exterior
appearance.
(3)
Business enterprise or membership club conducting
leisure time activity, including tennis, swimming and health clubs,
which make their facility available to members, customers or clients
on a seasonal or hourly basis and which can include incidental sales
of food snacks, incidental sales or rental of sports equipment and
clothing, repair of equipment and nursery facilities under the following
conditions:
(a)
All such activities shall be carried on indoors
except as hereinafter provided.
(b)
Maximum coverage of the parcel and maximum height
of structures shall be the same as required for principal uses in
this district.
(c)
Minimum setbacks, lot size and yards shall be
the same as required for principal uses in the district.
(d)
Parking requirements: as required by this district
but in no case less than six spaces per court plus one space per employee
on the largest shift; for swimming and health club: one space per
two lockers plus one space per employee on the largest shift.
(e)
Outdoor facilities may be provided so long as the facility is totally fenced in, no fence is closer to a property line than is permitted in Subsection C above. No outdoor lighting or loudspeaker system may be permitted after 9:00 p.m. where such facility borders on a residential district.
(f)
All other applicable provisions of this chapter,
including approval of a site plan and landscaping plan shall be adhered
to by the developer.
(4)
Institutions for higher learning, including colleges,
universities, junior colleges, technical schools, trade and vocational
schools, along with accompanying service and administration buildings,
except that no accommodations for resident students shall be permitted.
All other provisions of the district shall apply, including off-street
parking, site plan review and landscaping requirements.
G.
Parking and loading.
(1)
Off-street parking.
|
Use
|
Required Spaces
| ||
|---|---|---|---|
|
Business and professional use
|
Same as in B-3 District
| ||
|
Commercial use as accessory
|
Same as in B-3 District
| ||
|
Laboratory
|
1 space per 350 square feet of gross floor area
or 1 space per employee based upon the number of employees during
the largest shift, whichever is greater
| ||
|
Industrial use
|
1 space per 350 square feet of gross floor area
or 1 space per employee based on the number of employees during the
largest shift, whichever is greater
| ||
|
Colleges, university, etc.
|
1 space for each staff member plus .75 space
for each student plus 1 space for each 5 seats in the largest assembly
hall
| ||
|
All or portions of the off-street parking requirement
for colleges, university, etc., may be waived by the Planning Board,
provided that:
| |||
|
(a)
|
That proposed use is within 300 feet of a municipally
operated off-street parking facility; and
| ||
|
(b)
|
The Planning Board shall, at the time of its
approval of a site development plan, certify on such plan that the
municipally operated off-street parking facility has adequate capacity
for storage of passenger vehicles generated by activities proposed
to be conducted on the subject lot in addition to those generated
by any other lots already serviced by such off-street parking facility.
In determining the existence of such adequate capacity, the Planning
Board shall consider the need for preventing frequent parking on the
street by persons visiting or connected with each use which is proposed
to be served by such off-street municipal parking facility.
| ||
|
Uses not listed
|
As determined by the Planning Board to be needed
to prevent frequent parking on the street by persons visiting or connected
with such use
| ||
|
NOTES:
| |
|---|---|
|
A.
|
Where two or more uses are on the same lot,
the total amount of parking spaces to be provided shall be the sum
of the requirements, if any, for each individual use on the lot; the
Planning Board may vary this requirement if the Board finds that the
variation in the probable time of maximum use by employees and/or
patrons of such establishments is such as to permit a variation; however,
once one or more of the uses terminates, the property owner shall
be responsible for assuring adequate parking in conformance with the
standards set herein.
|
|
B.
|
The Planning Board may also approve the joint
use of a parking lot for uses on contiguous parcels as long as the
Board is satisfied that the total number of spaces is adequate as
computed above.
|
(2)
Off-street loading.
|
Building Floor Area and Use
(square feet)
|
Loading Spaces Required
| |
|---|---|---|
|
Business and professional use
| ||
|
Less than 25,000
|
1
| |
|
Each additional 75,000 or fraction thereof
|
1 additional
| |
|
Laboratory or industrial use
| ||
|
Less than 10,000
|
1
| |
|
10,000 to 19,999
|
2
| |
|
20,000 to 39,999
|
3
| |
|
40,000 to 59,999
|
4
| |
|
each 50,000 over 60,000
|
1 additional
|
H.
Other provisions and requirements.
(1)
Whenever an off-street parking area of three or more
spaces faces a street, a planting area with a minimum width of three
feet shall be provided between the parking area and the sidewalk.
The planting plan for this strip shall be approved by the Planning
Board as part of the site plan review. Plantings shall be a minimum
of three feet high, planted three feet on center.
(2)
Where a permitted use or special permit use in this
district is proposed to be located adjacent to residential district,
a side yard shall be provided consistent with the requirement of said
residential district. Likewise, no accessory structure shall be permitted
in a side yard or within 10 feet of a rear property line where a use
is adjacent to a residential district. A planting screen at least
four feet wide, eight feet high, adequate to block the view of the
nonresidential use shall be required.
[Amended 6-25-1995; 6-27-1995]
(3)
Any use which will create and/or emit odors, dust,
gas, fumes, radiation, liquids, waste gases or effluents, vibrations,
noise or conditions of hazard detrimental to the health, safety, convenience
or general welfare of the community or are inconsistent with any applicable
state or federal standards shall be prohibited.
(4)
No building may be used for residential purposes except
that a room, suite or house may be provided for a custodian and his
or her family.
(5)
No outdoor storage may exist abutting residential
areas.
(6)
Site illumination. All exterior illumination shall
be shielded from view of all surrounding properties and streets, and
such lighting, other than lighting of roads and buildings essential
for safety or security reasons or required by governmental regulations,
shall be extinguished not later than 9:00 p.m.
A.
Permitted principal uses. Same as I-1 District.
B.
The following uses are specifically prohibited. Same
as I-1 District.
C.
Lot area and building requirements for principal uses.
(1)
Minimum lot area: one acre.
(2)
Minimum width: 100 feet.
(3)
Minimum frontage: 50 feet.
(4)
Minimum setback from front property line: 35 feet.
(5)
Minimum rear yard: 10 feet.
(6)
Minimum interior side yard: 10 feet.
(7)
Minimum corner side yard: 35 feet.
(8)
Maximum height: except as provided hereinafter, no
part of any buildings shall be erected to a height greater than two
stories and in no event exceed 35 feet.
D.
Accessory uses. Same as for I-1 District.
E.
Lot and building requirements for accessory uses.
F.
Special uses permitted at discretion of the Planning
Board. Same as for I-1 District.
[Amended 9-12-1989; 1-9-1990; 12-13-1994]
A.
B.
The following uses are specifically prohibited. Same as those outlined in § 280-69B(1), (2), (3) and (4), plus outdoor storage unless it is screened from view by an eight-foot-high fence or evergreen screening, the design and location of which is approved by the Planning Board. In addition to the foregoing, it is specifically prohibited for any person or legal entity other than the City of Glen Cove to collect, dump, deposit, store, process, convert, alter, ship, trans-ship, distribute, incinerate or dispose of, in any fashion, garbage, trash, refuse, waste, sludge or the residue of any of the foregoing, in whatever form.
C.
Lot area and building requirements for principal uses. Same as for I-1 District (§ 280-69C) except that maximum coverage by all buildings may be 80%.
F.
Special uses permitted at the discretion of the Planning
Board.
(1)
Same as § 280-69F(1), (2) and (3), except that for tennis clubs et al., the coverage, height, lot, yard and setback requirements shall be those of this district.
(2)
Fuel oil storage tanks and tank farms, provided that
the Board finds that City lacks such sufficient facilities to supply
the needs of its inhabitants, that proposed installation is in the
public interest, will not create undue fire or traffic hazard, impair
property values, and that no tank shall have a capacity in excess
of 500,000 gallons nor be nearer than 50 feet to any other tank, nor
shall there be more than 10 such tanks in any one group, and such
groups shall not be less than 1,000 feet from one another. Around
each tank a moat with capacity equal to that of the tank it surrounds
shall be provided.
G.
Parking and loading requirements.
(1)
Off-street parking. Same as for I-1 District [§ 280-69G(1)].
(2)
Off-street loading. Same as for I-1 District [§ 280-69G(2)].
[Added 2-24-1998]
A.
Purpose.
(1)
The purpose of the Marine Waterfront-1 District is
to encourage a range of nonindustrial water-dependent and water-enhanced
uses within portions of the Glen Cove Creek corridor that are oriented
toward marine and related activities in a well-designed setting that
will provide public access to the water and will attract residents,
transient boaters and tourists to Glen Cove's regionally significant
recreational boating center and working waterfront.
(2)
Further, it is a purpose of this district to provide
incentives to upgrade existing water-dependent uses, phase out uses
that are not consistent with the City's waterfront planning objectives
as reflected in the Glen Cove Creek Revitalization Plan and in the
report entitled "Marine District Comprehensive Strategy."
B.
Permitted principal uses.
(1)
Yacht clubs and marinas. A marina must have a pumpout
facility and no boat may be occupied overnight in a marina that does
not have a properly functioning pumpout.
(2)
Boat docks, slips, piers and wharves for yachts and
pleasure boats or for boats for hire carrying passengers on excursion,
pleasure or fishing trips, water taxi, or for vessels engaged in fishery
or shell fishery.
(3)
Yard for building, storing, repairing, selling or
servicing boats. Adequate lanes must be provided to allow access and
egress throughout the yard for fire trucks. No outdoor storage may
be permitted other than boats, and where practical such boat storage
area shall be screened from view of adjoining streets and properties.
(4)
Facilities for recreational water sports (including
kayak and canoe rental), sailing schools and similar uses.
(5)
Boat and marine engine sales and display.
(6)
Yacht broker or marine insurance broker.
(7)
Facilities for the rental and charter of boats.
(8)
Retail sale or rental of boating, fishing, diving
and bathing and marine supplies and equipment.
(9)
Sail loft or ship's chandlery.
C.
Lot area and building requirements for principal uses.
(1)
Minimum lot area: 40,000 square feet.
(2)
Minimum width: none required.
(3)
Minimum frontage along street: 50 feet.
(4)
Minimum setback from street: 20 feet (no parking permitted
in this setback).
(5)
Minimum rear yard: 20 feet to property line. When
a use abuts the water, no structure may be closer than 25 feet to
the mean high water line or bulkhead unless the project includes a
walkway or esplanade along the water accessible to the public or some
other means of public access acceptable to the Planning Board, in
which case said setback requirement may be reduced to 15 feet.
(6)
Minimum side yard: not required; if provided, such
yard shall be 15 feet.
(7)
Minimum corner side yard: 25 feet.
(8)
Maximum height: 2 1/2 stories and in no event to exceed
35 feet.
(9)
No single building or group of attached buildings
shall exceed 100 feet in length without a break. Such distance between
buildings shall be at least 15 feet.
(10)
Maximum coverage of all buildings shall be 25%
except as otherwise provided herein.
D.
Special uses permitted at discretion of Planning Board.
(1)
Restaurants, including catering facilities, provided
that they are permanently affixed to the land and table services is
provided. For purposes of this section, no moored barge or houseboat
can be considered permanently affixed to the land. A restaurant must
provide public access to the water for pedestrians and/or transient
boating public.
(2)
Floating restaurants, provided that the following
conditions are met:
(a)
The waste system shall be tied into the public
sewer system. (NOTE: This could be tied into a marina pumpout, but
such a system may not be large enough.)
(b)
Minimum off-street parking requirements shall
be satisfied on or off site in a manner acceptable to the Planning
Board and City Attorney's office.
(c)
Access shall be arranged to the satisfaction
of the Planning Board and the City Attorney's office.
(4)
Boatels, in accordance with the following conditions:
(a)
Overnight accommodations shall be accessory
to a permitted marina or yacht club.
(b)
Not more than 20 rooms shall be permitted, at
least 60% of which shall be available to persons arriving by boat.
(c)
Rooms shall not have kitchenettes, kitchens
or cooking facilities other than a microwave.
(d)
No guest shall inhabit the boatel for more than
14 consecutive days.
(e)
One off-street parking space shall be provided
or each employee and one for each guest room available to the motoring
public.
(5)
Bed-and-breakfast inns, in accordance with the following
conditions:
(a)
The owner and/or operator of the bed-and-breakfast
inn shall reside on the property, either as an occupant of the inn
or of a separate lawful residence located on the property.
(b)
The inn shall not have more than eight guest
rooms; not more than four persons shall occupy a guest room.
(c)
No guests shall occupy the inn in excess of
14 consecutive days. The owner shall maintain a guest register open
to inspection by the DBD or Code Enforcement Officer and shall preserve
all registration records for a minimum period of two years.
[Amended 8-24-2010]
(d)
No meals other than breakfast shall be served.
(e)
Kitchen and dining facilities shall be limited
to use by the owner, occupants of the bed-and-breakfast inn and bona
fide guests, and shall not be open to the general public. There shall
be no individual kitchen or dining facilities in or for any guest
room.
(f)
All amenities shall be limited to use by the
owner, occupants of the bed-and-breakfast inn and bona fide guests,
and shall not be open to the general public.
(g)
One off-street parking space shall be provided
for each employee and for each room available for guest occupancy
in addition to the off-street parking spaces required for the residence
of the owner.
(6)
Mixed-use
commercial/recreational support buildings.
[Added 8-24-2010]
(a)
Purpose. The City Council finds that certain uses and building
scales that are normally inconsistent with the MW-1 District may be
appropriate along the periphery of the MW-1 District, where such private
uses are designed to complement and enhance use of public recreational
resources.
(b)
The following uses shall be permitted within the mixed-use commercial
building:
[1]
Offices.
[2]
Water-related retail sales.
[3]
Recreation-related retail sales.
[4]
Convenience retail accessory to office, hotel or conference-center
uses and with a total floor area not to exceed 3,000 square feet.
[5]
Restaurants, catering facilities, conference facilities.
[6]
Hotels offering spa and fitness services to overnight guests.
[7]
Any other use permitted in the MW-1 District.
(c)
The subject property must be located within 600 feet of a City-owned
recreation field.
(d)
The proposal must afford public access to the Glen Cove Creek
waterfront. The proposal must include plans for a waterfront esplanade
at least 14 feet wide to be constructed along the entire length of
the property's interface with the Glen Cove Creek. Access easements
acceptable to the Planning Board based on the advice of the Planning
Board Attorney shall be provided to allow the public access to the
waterfront esplanade.
(e)
Where the property borders any industrial, warehousing, or processing
use, the proposal must situate the building in a manner that screens
the bordering use from substantial public view.
(f)
Due to the location of the use in a vicinity used for public
recreation, the dependence of the proposed uses on public recreational
activities for continued viability, and the existing limits to parking
in the MW-1 District, the proposal must provide 200% of the off-street
parking required for the uses proposed. All parking facilities for
the proposed project must be made available to the general public,
including those persons seeking waterfront access, or access to community
recreational fields. In recognition of the dual use of this area for
public and private purposes, such facilities may be located on public
lands by permission of the City of Glen Cove and subject to such covenants
and easements as are reasonable to ensure ongoing maintenance and
dual public/private use. All or a portion of the required parking
may be provided on street, where the applicant proposes public improvements
to the street to enhance maintenance and compatibility with pedestrian
traffic such as widening, boulevarding, or other measures that result
in the creation of safe and attractive on-street parking resources.
(g)
Where the use is proposed access by a street that currently
limits public use due to the location and operation of City-owned
facilities, is dominated by industrial and heavy commercial uses that
are normally incompatible in appearance with the uses permitted herein,
and where the access street contains significant frontage with City-owned
recreational fields affording off-street parking for recreational
users that will be impacted by increased usage of the access street,
the proposal must include the refurbishment and beautification of
such streets, including:
(h)
Traffic study required. The applicant shall submit a traffic
impact analysis documenting that the proposal will not result in a
decrease in the level of service of any area intersections during
peak weekday a.m., peak weekday p.m. and peak weekend hours. Such
traffic studies will take into account all approved projects, or any
project for which a traffic study has been submitted as part of State
Environmental Quality Review.
(i)
Lot area and building requirements:
[1]
Minimum lot area: 40,000 square feet.
[2]
Minimum frontage along Glen Cove Creek: 500 feet.
[3]
Minimum setback from street: 20 feet.
[4]
Setback from Glen Cove Creek: 20 feet to the mean high water
line or bulkhead.
[5]
Maximum height: Five stories and in no event to exceed 60 feet.
Where a structure is found by the Planning Board to be eligible to
receive a gold certification from the US Green Buildings Council under
their Leadership in Energy and Environmental Design (LEED) Green Buildings
rating system, up to six stories and 75 feet may be permitted.
[6]
Maximum floor area of any retail store: 7,500 square feet except
for convenience retail as otherwise limited herein.
E.
F.
Lot area and building requirements for accessory uses.
G.
Parking and loading requirements.
(1)
Off-street parking.
|
Use
|
Spaces Required
| |
|---|---|---|
|
Marinas
|
1 space for each 3 slips plus 1 for each 2 total
employees
| |
|
Restaurant
|
1 space per 3 seats plus 1 space per employee
based upon the largest work shift
| |
|
Retail
|
Same as in B-1 District (§ 280-65F)
| |
|
Office
|
Same as in B-1 District (§ 280-65F)
| |
|
Other uses
|
As deemed necessary by Planning Board
|
(2)
Loading.
|
Use
|
Spaces Required
| |
|---|---|---|
|
Loading
|
1 space per 10,000 square feet of building area
or fraction thereof
| |
|
Marinas and related services
|
As deemed necessary by Planning Board
|
H.
Coverage.
(1)
Maximum coverage. The total lot coverage of all buildings,
principal and accessory, shall be 25% unless otherwise noted. Where
a publicly accessible esplanade is provided substantially along the
Glen Cove creek for the length of the site, and is not otherwise required
total building coverage may be increased to 35%.
I.
Other provisions and requirements/guidelines.
(1)
Wherever an off-street parking area of three or more
spaces faces a street, a planting area with a minimum width of six
feet shall be provided between the parking area and the sidewalk.
The planting plan for this strip shall be approved by the Planning
Board as part of the site plan review. Plantings shall be a minimum
of three feet in height planted three feet on center. The remaining
portion of the required setback may be grass or other acceptable ground
cover.
(2)
Any use that abuts the Glen Cove Creek where public
access to the water or waterfront is not otherwise required shall
include to the maximum practical extent some type of public pedestrian
access such as but not limited to a park or plaza area or an improved
esplanade having a width of at least 10 feet along the entire length
of the subject property on Glen Cove Creek in order to permit pedestrian
access.
(3)
In all instances where public pedestrian or boat access
is provided, access plans shall be approved by the Planning Board
with advice from the Harbor and Waterfront Commission and the access
shall be available for public use under a mutually acceptable arrangement
between the City and the property owner. Where such access includes
an esplanade along the entire width of the property, the Planning
Board may permit an increase in building coverage up to 35%. The agreement
between the City and property owner shall incorporate a provision
that in exchange for construction and maintenance by the property
owner, the City will assume responsibility for liability insurance
for that portion of the property over which an easement is granted
for public use.
A.
B.
Lot area and building requirements for principal uses
other than residential uses.
(1)
Minimum lot area: one acre.
(2)
Minimum width: 100 feet.
(3)
Minimum frontage: 50 feet.
(4)
Minimum setback from street: 100 feet.
(5)
Minimum rear yard: none, except as noted otherwise
herein.
(6)
Minimum interior side yard: none, except as noted
otherwise herein.
(7)
Minimum corner side yard: 25 feet.
(8)
Maximum height: two stories and in no event exceed
35 feet.
(9)
Maximum coverage: 25%.
D.
Lot area and building requirements for accessory uses.
(1)
Minimum distance to front property line: 100 feet.
(2)
Maximum coverage: maximum coverage of all buildings,
principal and accessory, shall be 50%.
(3)
Minimum rear yard: same as for principal use.
(4)
Minimum side yard: same as for principal use.
(5)
Maximum height: one story and in no event exceed 20
feet.
E.
Special uses permitted at the discretion of the Planning
Board.
(1)
Tennis courts, et al. [see § 280-69F(3)], except that coverage, height, lot, yard and setback requirements shall be those of this district.
(2)
Restaurants, provided that the same is a permanent
structure affixed to the land.
[Added 2-24-1998]
F.
Parking and loading requirements.
(1)
Off-street parking.
|
Use
|
Spaces Required
| |
|---|---|---|
|
Marinas and related services
|
1 space for each boat slip plus 1 for each 2
total employees
| |
|
Residential development
|
Same as provided in R-4 District (§ 280-59)
| |
|
Restaurant
|
1 space per 3 seats plus 1 space per employee
based upon the largest work shift
|
(2)
Loading.
|
Use
|
Spaces Required
| |
|---|---|---|
|
Marinas and related services
|
1 space per 10,000 square feet or fraction thereof
| |
|
Other uses
|
As deemed necessary by Planning Board
|
G.
Other provisions and requirements. Whenever an off-street
parking area of three or more spaces faces a street, a planting area
with a minimum width of three feet shall be provided between the parking
area and the sidewalk. The planting plan for this strip shall be approved
by the Planning Board as part of the site plan review. Plantings shall
be a minimum of three feet high, planted three feet on center.
[Added 10-10-1989]
A.
Purpose and applicability.
(1)
The Planned Waterfront District (PWD) is designed
as a floating zone which may be mapped by the City Council, upon recommendation
of the Planning Board and Waterfront Commission, in response to a
specific plan of development proposed by property owner or developer.
The zone can only be applied within a predesignated area shown on
the attached map.[1]
[1]
Editor's Note: Said map is on file in the
City Clerk's office.
(2)
The purpose of this district is to permit and
encourage a range of water dependent and water enhanced uses within
the Glen Cove Creek corridor so that the City's valuable waterfront
resource is utilized properly and in a manner that will ensure an
attractive waterfront setting for a variety of appropriate uses that
are beneficial to both the City's residents and waterfront property
owners.
(3)
In addition, since portions of the Glen Cove
Creek area contain structures considered to be substandard and uses
that are considered obsolete and inappropriate for this location,
the objectives of the PWD District also include the elimination of
blight and blighting influences, assemblage of sites and redevelopment
of areas with uses more appropriate to this strategic location within
the community.
(4)
It is further the intent of this district to
assure that development optimizes the waterfront location and encourages
water dependent or water enhanced uses, public access and use of the
waterfront for residents and/or employees of the area and the entire
Glen Cove community. These purposes and objectives will be considered
in mapping of this zone and in the review of any site plan or special
permit within the district.
(5)
The areas eligible for the PWD will be property
presently zoned either I-2, I-3 or MW-2 with frontage on Glen Cove
Creek. The current underlying zoning will remain in place and will
only be superseded by a plan approved as part of this district (see
attached map[2]).
[Amended 2-24-1998]
[2]
Editor's Note: Said map is on file in the
City Clerk's office.
B.
Permitted uses:
(1)
Yacht clubs and marinas, including uses accessory
to them such as boatel (hotel-motel for boat operators and guests),
swimming pools, tennis courts and racquetball facilities. A marina
must have a pumpout facility and no boat may be occupied overnight
in a marina that does not have a properly functioning pumpout.
(2)
Boat docks, slips, piers and wharves for yachts
and pleasure boats or for boats for hire carrying passengers on excursion,
pleasure or fishing trips, or for vessels engaged in fishery or shell
fishery.
(3)
Yard for building, storing, repairing, selling
or servicing boats which may include the following as an accessory
use: office for the sale of marine equipment or products, dockside
facilities or dispensing fuel, rest room and laundry facilities to
serve overnight patrons. Furthermore, adequate lanes must be provided
to allow access and egress throughout the yard for fire trucks. No
outdoor storage may be permitted for other than boats, and where practical
such boat storage area shall be screened from view of adjoining streets
and properties.
(4)
Storage of marine salvage and marine equipment
and materials, provided that no substances that are hazardous according
to New York State Conservation Law may be stored on the site and all
inoperable equipment and materials must be screened from view beyond
the site by a fence or wall approved by the Planning Board and which
screening may not exceed eight feet in height. No storage shall exceed
the height of the screening.
(5)
Boat and marine engine sales and display, yacht
broker, marine insurance broker.
(6)
The rental of boats.
(7)
Retail sale or rental of boating, fishing, diving
and bathing supplies and equipment.
(8)
Sail loft or ship's chandlery.
(9)
Multiple dwellings in the form of garden-type
apartments or townhouses either for rent or sale, including condominiums
and cooperatives under the following conditions:
(a)
Minimum lot area per dwelling unit: 3,000 square
feet for efficiency units; 3,500 square feet for units with one bedroom;
and 4,500 square feet for each unit with two or more bedrooms.
(b)
Minimum setback from street: 35 feet except
that this may be varied by up to 10 feet for four out of every eight
townhouse units in order to create variety of design.
(c)
Maximum height: 2 1/2 stories and in no event
exceed 35 feet.
(d)
Required open space. There shall be provided
within the multiple dwelling or apartment townhouse development not
less than 200 square feet of usable open space for each efficiency
unit; 300 square feet of usable open space for each one-bedroom unit;
350 square feet of usable open space for each two-bedroom unit; and
400 square feet of usable open space for each unit containing three
or more bedrooms therein. For any development containing 15 or more
units, such usable open space shall be devoted to improved and landscaped
play and sitting areas for the use of the residents thereof. The design,
layout, planting and equipment of such usable open space areas shall
be subject to the approval of the Planning Board.
(e)
Such residential development shall utilize the
waterfront for marina and/or other water dependent recreation activity
and shall incorporate measures necessary to stabilize the waterfront
land, including bulkheading where necessary. Where marina facilities
are incorporated as part of a residential development, at least 1/2
of the slips shall be available for public rental. During the first
30 days of the public offering of these slips, priority shall be given
to Glen Cove residents. Where public access is provided such access
shall be separated from any ground floor residential dwelling unit
by a minimum of 10 feet.
(10)
Restaurant, provided that it is affixed to the
land and table service is provided. No structure on flotation will
be permitted.
(12)
Wholesale and/or retail sale of fish.
(13)
Business and professional offices, research,
design and development laboratories.
C.
Lot area and building requirements for principal uses
other than residential uses.
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum width: not required.
(3)
Minimum frontage along street: 50 feet.
(4)
Minimum setback from street: 10 feet.
(5)
Minimum rear yard: 25 feet to property line
unless such property line constitutes the boundary to a residence
district in which case the yard shall be a minimum of 75 feet or a
distance equivalent to three times the height of the building, whichever
is greater. When a use abuts the water, no structure may be closer
than 25 feet to the mean high-water line or bulkhead unless the project
includes a walkway along the water accessible to the public or some
other means of public access acceptable to the Planning Board, in
which case said setback requirement may be reduced to 15 feet.
(6)
Minimum side yard: not required; if provided,
such yard shall be 15 feet.
(7)
Maximum height: 2 1/2 stories and in no event
exceed 35 feet.
(8)
No single building shall exceed 100 feet in
length without a break. Such distance between buildings shall be at
least 15 feet.
D.
Accessory uses shall be permitted and regulated by
the Planning Board.
F.
Parking and loading requirements.
(1)
Off-street parking.
|
Use
|
Spaces Required
| |
|---|---|---|
|
Marinas and related services
|
1 space for each boat slip plus 1 for each 2
total employees
| |
|
Residential
|
Same as provided in R-4 District (§ 280-59)
| |
|
Restaurant
|
1 space per 3 seats plus 1 space per employee
based upon the largest work shift
| |
|
Retail
|
Same as in B-1 District (§ 280-65F)
| |
|
Office
|
Same as in B-1 District (§ 280-65F)
| |
|
Other uses
|
As deemed necessary by the Planning Board
|
(2)
Loading.
|
Use
|
Spaces Required
| |
|---|---|---|
|
Marinas and related services
|
1 space per 10,000 square feet of building area
or fraction thereof
| |
|
Other uses
|
As deemed necessary by the Planning Board
|
G.
Maximum coverage. The total lot coverage of all buildings,
principal and accessory, shall be 35%.
H.
Other provisions and requirements.
(1)
Wherever an off-street parking area of three
or more spaces faces a street, a planting area with a minimum width
of three feet shall be provided between the parking area and the sidewalk.
The planting plan for this strip shall be approved by the Planning
Board as part of the site plan review. Plantings shall be a minimum
of three feet high, planted three feet on center.
(2)
Any use that abuts the Glen Cove Creek shall
show to maximum practical extent on the application some type of public
access, such as but not limited to a marina whose boat slips are available
for public rental, a park or plaza area or an improved timber walkway
having a width of at least eight feet along the entire frontage of
the subject property on Glen Cove Creek in order to permit pedestrian
access. The access plans shall be approved by the Planning Board with
advice from the Harbor and Waterfront Committee and the access shall
be available for public use under a mutually acceptable arrangement
between the City and the property owner. For security and safety reasons
the times that access shall be available to the public shall conform
to reasonable business or recreation hours. The agreement between
the City and property owner shall incorporate a provision that in
exchange for construction and maintenance by the property owner, the
City will assume responsibility for liability insurance for that portion
of the property over which an easement is granted for public use.
(3)
Under no circumstances shall houseboats be permitted
to be permanently docked and occupied in waters within the Planned
Waterfront District between November and April. Houseboat must have
a permanent motor and must be hooked into a pumpout.
I.
Procedure.
(1)
Application for zoning change to Planned Waterfront District. Petition for a zoning change to permit a PWD designation shall be made to the City Council in accordance with Article VI of this chapter. The City Council shall, upon receipt of said petition, refer the PWD request to the Planning Board for a report and recommendation in accordance with procedures as established in this chapter, and to the Harbor and Waterfront Commission for advice in accordance with Chapter 37 of the Code of the City of Glen Cove.
(2)
Application for concept plan approval. In order
to allow the Planning Board and the developer to reach an understanding
on basic design requirements, the developer shall submit an overall
concept plan of the proposal to said Board. The plan shall be drawn
to scale, though it need not be to the precision of a finished engineering
drawing or site plan. Said plan shall include all items listed below:
(a)
The disposition of various land uses and the
areas covered by each, in square feet.
(b)
The outline of the access road system, including
emergency access.
(c)
The public and private open space and recreation
facilities, including a statement as to how said lands and facilities
are to be owned and maintained.
(d)
An illustrative site plan indicating the relationship
between the existing and proposed roads, existing and proposed buildings,
proposed open spaces and recreation areas and proposed parking and
loading facilities.
(e)
The proposed water, storm and sanitary sewer
systems and how they are proposed to be connected to the system of
adjoining areas.
(f)
Physical features of the WO site prior to development,
including both natural and man-made features, indicating all proposed
alterations of said physical features.
(g)
Studies of peak hour traffic generation derived
from the proposed development and its relation to surrounding roads
and intersections, including methods developed for alleviating traffic
problems, if any.
(h)
If the development is to be staged, a clear
indication of how the staging is to proceed.
(3)
The Planning Board shall review the concept
plan and all related documents, and shall consult the Harbor and Waterfront
Commission and shall render either a favorable report or an unfavorable
report to the City Council and applicant. The Planning Board may,
at its discretion, recommend conditions of modifications to the plan
for review by the City Council in their decision as to the appropriateness
of the rezoning request.
(4)
City Council action on the application for rezoning
to a PWD District:
(a)
Upon receipt of a favorable report from the
Planning Board, or upon its own determination subsequent to an unfavorable
report, the City Council shall set a date for and conduct a public
hearing for the purpose of considering an amendment to the Zoning
Map to Planned Waterfront District. Said public hearing shall be conducted
within 45 days of the receipt of the Planning Board report.
(b)
The City Council shall approve or disapprove the application in accordance with the provisions of Article VI of this chapter.
(c)
The City Council, at its discretion, may attach
any reasonable conditions on an approved PWD as deemed necessary to
assure conformance of the PWD with the intent and objectives of the
PWD regulations, as specified in this chapter. The Board, at its discretion,
may provide for bonuses in development intensity as recommended by
the Planning Board.
(d)
The approved PWD with conditions, if any, shall
be duly noted on the Zoning Map of the City of Glen Cove, New York.
(5)
Conditions regarding Planned Waterfront District
approval. The development of the PWD shall be conditional upon the
following:
[Added 4-13-1999; amended 11-23-2004]
A.
Purpose and applicability.
(1)
Purposes and objectives.
(a)
The Marine Waterfront-3 District (MW-3) is designed
to apply to waterfront areas and adjacent areas on the north side
of Glen Cove Creek.
(b)
The purpose of this district is to permit and
encourage a range of water-dependent and water-enhanced uses and other
related uses within the Glen Cove Creek corridor so that the City’s
valuable waterfront resources are utilized properly and in a manner
that will ensure an attractive waterfront setting for a variety of
appropriate uses that are beneficial to the City’s residents,
waterfront property owners and business community. A further purpose
is to establish a zoning framework conducive to the creation of an
attractive mixed-use community with residential/retail/commercial
business/recreation/tourist/entertainment and cultural components.
The intent is to create a marketable and sustainable development that
will benefit the City and the surrounding environment.
(c)
In addition, since portions of the Glen Cove
Creek area contain structures considered to be substandard and uses
that are considered obsolete and inappropriate for this location,
the objectives of the district also include the elimination of blight
and blighting influences, incompatible uses, the assemblage of sites
and redevelopment of areas with uses more appropriate to this strategic
location within the community.
(d)
It is further the intent of this district to
assure that development optimizes the waterfront location and encourages
water-dependent or water-enhanced uses, public access and use of the
waterfront for residents and/or employees of, and visitors to, the
area and the entire Glen Cove community.
(2)
Applicability. These purposes and objectives
will be considered in the mapping of this zone and in the review of
any site plan or special permit use within the district.
B.
Permitted principal uses on the south side of Garvies
Point Road and Herb Hill Road:
(1)
Restaurants, excluding catering facilities,
provided that they are located on the land and provide table service,
and boat access and/or pedestrian access to the waterfront. No structure
on flotation will be permitted. For purposes of this section, no moored
barge or houseboat can be considered to be located on the land.
(2)
Yacht broker or marine insurance broker.
(3)
Retail uses limited to: sail loft or ship’s
chandlery, retail sale and/or rental of boating, fishing, diving and
bathing supplies and equipment, provided that no single store shall
exceed 10,000 square feet. Such retail uses in a larger space may
be permitted at the discretion of the Planning Board. All retail uses
shall occur in structures or spaces limited in size as noted to ensure
visual access from public walkways and esplanades. The Planning Board
shall have the right to determine the final size and configuration
of such buildings to achieve the objectives of this zoning district.
Multiple structures with shared parking and interconnected by pedestrian
ways are encouraged. If the property in retail use abuts the water,
continuous public pedestrian access to the waterfront must be provided.
C.
Special permit uses at the discretion of the Planning
Board on the south side of Garvies Point Road and Herb Hill Road:
(1)
Yacht clubs and marinas. No boat may be occupied
overnight that does not have a holding tank for sewage waste with
deck fittings permitting mechanical pump-out at dockside.
(2)
Marina slips for transient boaters accessory
to a principal use, provided that no boat may be occupied overnight
that does not have a holding tank for sewage waste with deck fittings
permitting mechanical pump-out at dockside that can be mechanically
pumped out.
(3)
Planned Unit Development (PUD). On sites with a minimum area of 25 contiguous acres, a planned unit development subject to the following use and design criteria, provided that at least four of the uses indicated in Subsection C(3)(a) below are included and achieve the purposes and objectives of this district in the opinion of the Planning Board. Each applicant for a PUD shall comply with the requirements of Article 8 of the Environmental Conservation Law and shall prepare a draft environmental impact statement (EIS) and a final EIS for consideration by the lead agency, which contains a cumulative assessment of the buildout of the MW-3 Zone. Notwithstanding anything to the contrary, any PUD approved by the Planning Board pursuant to these provisions may include additional contiguous and noncontiguous property on the south side of Garvies Point Road or Herb Hill Road and may include additional acreage on the north side of Garvies Point Road or Herb Hill Road.
(a)
Uses.
[2]
Educational, cultural, or entertainment
uses, which may include uses such as museums, galleries, exhibit facilities,
aquariums, theaters or other similar uses the primary focus of which
is on waterfront, marine or Long Island’s north shore culture
and history and/or will contribute to the City’s objective to
create the Glen Cove waterfront as a destination. Such uses may include
offices and retail use as part of the principal use, and accessory
thereto.
[3]
Hotel, spa, conference center,
catering and restaurant uses, provided that for sites with water frontage
the use is designed with public access to the water via one or more
of the following: boat slips for transient or seasonal use, marina
use, esplanade, boardwalk, park, plaza or open space.
[4]
Business and professional offices
and retail uses. Such retail uses shall fulfill the purposes and objectives
of this district. In particular, such retail uses and services shall
be of a type and quantity that will appeal to both residents and visitors
as well as attract people to the waterfront and complement the Central
Business District.
[5]
Boat docks, pump-out stations,
slips, piers, terminals and wharves for yachts, pleasure boats, dinner
cruises, ferries, water taxis or boats for hire any and/or all of
which are intended to carry passengers on excursion, commuting, pleasure
or fishing trips, or for vessels engaged in fishery or shell fishery.
[6]
Multiple dwellings, residences
and townhouses. Where such residences are in mixed-use structures,
they shall be designed in an approved manner.
[7]
Food kiosks, provided they are
located on land.
[8]
Retail sale of fish, shellfish
and/or produce.
(b)
PUD criteria. The provisions of Subsection G regarding lot area and building requirements of the MW-3 District shall not apply to a PUD within this zone, including accessory uses in said PUD, provided that the following criteria are satisfied:
[1]
Maximum residential density: 20
units per acre of the site devoted to the planned unit development,
provided that a minimum of 10% of the dwelling units shall be workforce
housing as defined by the City of Glen Cove. The gross residential
density is an aggregate number to be distributed by the PUD massing.
[2]
Height and open space. Maximum
height shall be established by the Planning Board during site plan
review. The Planning Board shall, to the maximum practical extent,
consider maximum height in light of the following objectives for development
within the PUD site area:
[a]
The balancing of building scale
and density with the maximization of publicly accessible open space
within the PUD site area, and the use of landscaping to mitigate and
balance the visual impact of building size (including landscaped roof
terraces to the extent practicable).
[b]
The creation of view corridors,
from public streets and open spaces on the site and/or surrounding
streets, to Glen Cove Creek and Hempstead Harbor, and to the Garvies
Point Preserve.
[c]
The creation of varied and interesting
vistas when viewed from the south side of Glen Cove Creek and from
various points within and around the PUD site area. This will include
an appropriate variety and range of building scales and heights and
careful transitions between scales.
[d]
The height of buildings and structures
shall not exceed the treetop elevation of the ridgeline of the Garvies
Point Preserve. The creation of appropriate transition of building
size between the waterfront of Glen Cove Creek and the ridgeline shall
be considered.
[e]
The architectural treatment of
buildings, such that when viewed from a distance, building masses
are broken up visually through the use of techniques such as, but
not limited to, stepping bays and recesses, balconies and terraces,
changes of material, to create a sense of scale and visual relief.
[f]
The architectural treatment of
those portions of buildings, in particular the facades of first and
second floors, that face or adjoin pedestrian-oriented streets, sidewalks,
open spaces and esplanades, such that the quality of the pedestrian
experience is maximized through the use of techniques such as, but
not limited to, quality and variety of faade materials, architectural
detail, variety in massing such as bays and recesses, location and
scale of windows and doors, inclusion of features such as porches,
steps, planters, awnings, etc.
[g]
The balancing of building scale
and density with the maximization of concealed parking facilities
within the PUD area, and the use of landscaping, architectural treatments,
roof gardens and courtyards, to conceal or mitigate the visual and
environmental impacts of parking structures or surface lots on the
site and the surrounding areas.
[3]
Minimum distance between principal
structures to be determined by the Planning Board to maximize the
creation of view corridors and open space.
[4]
Minimum off-street parking.
[a]
Off-street parking shall be as determined by the Planning Board, taking into consideration criteria established in Subsection I(1) herein and the objectives of Subsection C(3)(b)[2][g] above. All required parking for residential uses and at least one-half of parking required for all other uses shall be provided within structures or covered. Tandem spaces may be permitted if both of the spaces are assigned to one dwelling unit or commercial or other permitted user or if valet or attendant parking is provided. On-street parking may be permitted at the discretion of the Planning Board. Shared parking may be permitted by the Planning Board in accordance with Subsection I(3) below.
[b]
The treatment of parking shall
include the integration of parking facilities into landscape designs
and building structures to minimize visual impacts of parking garages
and parking lots on public streets, open spaces, esplanades and view
corridors.
[5]
No structure or parking area may
be located within 30 feet of the mean high water line or bulkhead
line unless the project involves a walkway or esplanade along the
water accessible to the public or some other means of public access
acceptable to the Planning Board, in which case said setback requirement
may be reduced or eliminated.
[6]
The PUD shall contain an ample
amount of public open space (but not less than 25% of the overall
PUD site), including, but not limited to: squares, greens, parks,
new or enhanced wetlands and esplanades whose use by residents and
the public is encouraged through prominent placement and design.
[7]
The PUD shall have a connected
network of pedestrian and bicycle access. Automobile traffic and parking
shall be accommodated in ways that respect the safe and comfortable
movement of pedestrians throughout the development. The PUD shall
contain well-designed pedestrian-oriented streetscapes, including
sidewalks, street trees, and lighting, and shall have appropriate
relationship of building faade and entrances to pedestrian areas.
[8]
Inclusion of an intermodal transportation
system, which may include, but not be limited to, trolleys, jitneys,
people movers, and streetcars, in order to connect the waterfront
with downtown, and reduce automobile dependency.
[9]
The use of an interconnected street
system where possible, avoiding cul-de-sacs and utilizing street design
which encourages “traffic calming.”
[10]
The submission of a plan by the
applicant for the provision of off-site public amenities and/or infrastructure
required as a result of the proposed PUD, whether by transfer, gift,
lease, easement or otherwise, to the extent that the same may be acceptable
to the Planning Board, and is feasible and adequate. The public amenities
and/or infrastructure items may include, but are not limited to, the
construction and maintenance of sidewalks, roadways, sewer systems,
water systems, other types of off-site infrastructure, transportation
systems and facilities, waste disposal systems and facilities, police
and fire protection facilities, cultural facilities, recreational
facilities, or a cash payment to the City in lieu thereof. The determination
whether any such plan is acceptable, in form and substance, feasible
and adequate, shall rest in the sole and unfettered discretion of
the Planning Board. The Planning Board may impose any additional reasonable
terms and conditions which it finds necessary and appropriate to effectively
secure for the City the benefit of one or more community amenities,
or cash in lieu thereof, in order to ensure that the purpose and intent
of this subsection is fulfilled.
(c)
PUD procedure.
[Added 7-28-2009 by L.L. No. 5-2009]
[1]
Authority. The City Council hereby designates the
Planning Board to review and act upon all Planned Unit Development
("PUD") applications, as set forth in this section.
[2]
PUD MASTER DEVELOPMENT PLAN
PUD MASTER DEVELOPMENT PLAN APPROVAL
PUD SITE PLAN
PUD SITE PLAN APPROVAL
PUD SUBDIVISION
PUD SUBDIVISION APPROVAL
Definitions. As used in § 280-73.2C(3)(c), the following terms shall have the meanings indicated:
A proposal for a PUD, which may be developed in phases or
sections, showing the layout of the proposed project, including, but
not limited to, maps, plans or drawings relating to the proposed land
uses, approximate location and dimensions of buildings, the proposed
facilities, including preliminary plans and elevations, architectural
features, lot sizes, setbacks, height limits, buffers, screening and
landscaping, lighting, open space areas, parking and loading, traffic
circulation, protection of natural resources, public or private amenities,
adjacent land uses and physical features, and such other elements
as may be required by the Planning Board.
The approval, or approval with conditions or modifications, of the layout of a PUD as set forth in a PUD Master Development Plan, subject to PUD site plan approval for each phase or section of the approved PUD Master Development Plan. PUD Master Development Plan approval shall constitute the special permit use required for a PUD under § 280-73.2C(3).
The plans or drawings constituting a PUD Master Development Plan, or a phase or section thereof, prepared by an architect, landscape architect, civil engineer, surveyor, land planner or other licensed professional which contains any additional detail or documentation deemed necessary by the Planning Board and includes those elements listed in § 280-16 of the Code of the City of Glen Cove.
The approval, or approval with conditions or modifications, of a PUD site plan by the Planning Board in accordance with the standards, requirements and procedures as set forth in General City Law § 27-a and Chapter 280 of the Code of the City of Glen Cove (specifically Article IV of Chapter 280, entitled "Site Plan Review"). A PUD site plan approval may be granted in the Planning Board's discretion for the entire PUD Master Development Plan, or one or more phases or sections of the PUD Master Development Plan.
The plans or drawings indicating the proposed division of
any parcel of land that is part of a PUD Master Development Plan into
two or more lots, blocks, sites or units, with or without streets
or highways, for the purpose of sale, transfer of ownership or development.
The approval of a PUD subdivision by the Planning Board in accordance with the standards, requirements and procedures as set forth in General City Law § 32 and Chapter 245 of the Code of the City of Glen Cove.
[3]
Two-phase process. Application for development
approval for a PUD within the MW-3 District shall follow a two-phase
review process:
[a]
Application for PUD Master Development Plan approval
shall be made to the Planning Board.
[b]
Application for PUD site plan approval shall be made to the Planning Board, subject to the requirements of an approved PUD Master Development Plan, and in accordance with the standards, requirements and procedures as set forth in General City Law § 27-a and Chapter 280 of the Code of the City of Glen Cove.
[c]
An applicant may also make an application for PUD
subdivision approval in connection with an application for PUD Master
Development Plan approval as set forth in this section.
[d]
Applications for PUD site plan approval and PUD
subdivision approval may be submitted together with an application
for a PUD Master Development Plan approval and all such applications
may be processed concurrently by the Planning Board.
[4]
PUD Master Development Plan application. Any application
for PUD Master Development Plan approval pursuant to the provisions
of this section shall be submitted in 12 copies to the Planning Board,
and shall include the following:
[a]
PUD Master Development Plan. A proposed PUD Master
Development Plan drawn at a scale of not less than one inch equals
100 feet and consisting of one or more sheets, indicating the following
information for the entire proposed project:
[i]
Property lines, and the names of all adjoining
streets and property owners;
[ii]
Topographic information, including contours with
a vertical interval of no more than two feet measured from mean high-water
level;
[iii]
Existing natural features, and existing and proposed
man-made features;
[iv]
Location of all existing zoning district boundaries,
roads, buildings, structures and parking areas located within 300
feet of the proposed PUD boundary;
[v]
Proposed elements of the vehicular and pedestrian
circulation systems;
[vi]
A land use plan showing the proposed location
of all buildings and uses, their type, size and composition, sites
reserved for open space and public utilities, and any on-site or off-site
public amenities, etc. (A summary schedule of proposed uses and the
gross floor area of each for the entire PUD shall be included.);
[vii]
Nature and location of all existing and proposed
utility and service systems and facilities, including sanitary sewage,
water supply, stormwater drainage, public utilities and refuse collection;
[viii]
Name and address of the applicant, the property
owner and, if the applicant is other than the property owner, evidence
of the applicant's authority to act; and of the planner, engineer,
architect, surveyor and/or other professionals engaged to work on
the project;
[ix]
Illustrative design concepts (including preliminary
architectural drawings, and preliminary landscaping and lighting plans),
indicating how the design of buildings and development areas will
meet the stated legislative intent, purposes and goals for PUD development;
and
[x]
Any other information deemed reasonably necessary
by the Planning Board.
[b]
Written statement. A written statement accompanying
the PUD Master Development Plan containing a narrative description
of the proposed PUD, which shall include:
[i]
Basic concept and rationale of the proposed plan,
including, an explanation of how its approval will serve to implement
the intent, purposes and goals of this section and the Master Plan
of the City;
[ii]
Explanation of the extent to which the proposed
plan may be in conformance with a conceptual site or other preliminary
design plan, if any, which is the subject of any preexisting agreement
concerning the PUD development;
[iii]
A preliminary analysis estimating the various
quantitative elements of the proposed plan, such as the gross floor
area of all uses, the proposed number of residential units and number
of off-street parking spaces;
[iv]
Proposals for the construction, operation and
maintenance of all utility systems and road improvements and other
infrastructure;
[v]
Proposals for the ownership, use and maintenance
of all open spaces and other common areas, roads, walkways, utilities
and other infrastructure; and
[vi]
A description of any proposed covenants and restrictions
intended to be offered by the applicant.
[c]
Phasing plan. A proposed phasing plan, indicating
the approximate phasing of site development and infrastructure improvements,
both on site and off site, including, the general order of construction
and estimated timing of each phase.
[d]
Visual simulations. Visualizations demonstrating
a clear understanding of the potential visual impacts of the proposed
development.
[e]
List of approvals required. A list of anticipated
approvals required from various government agencies prior to proceeding
with the first phase, and any subsequent phases of development.
[f]
Proof of ownership. Proof of title and affidavit
as to ownership and/or control of all involved properties.
[g]
SEQRA documentation. A full environmental assessment
form ("Full EAF") or draft environmental impact statement ("DEIS")
in lieu of a full environmental assessment form.
[h]
Disclosure affidavit. A disclosure affidavit as
required by the Planning Board pursuant to General Municipal Law § 809.
[i]
Fee. All PUD Master Development Plan applications
shall be accompanied by a processing fee as established and amended
from time to time by resolution of the City Council.
[j]
Qualifications. A statement of qualifications and
experience of the applicant and all professional members of the development
team, which shall include, where applicable, a reference to any agreement
with or resolution by the City of Glen Cove or any of its agencies
that approves or designates the applicant as the developer of the
project.
[5]
Building Department review. An application for PUD Master Development Plan approval shall be reviewed by the Building Department Director ("BDD") to determine whether or not the application contains all the requisite information for completeness as set forth in Subsection C(3)(c)[4] above. The BDD's determination shall be made within 20 calendar days of receipt of the application by the Planning Board. Once the application meets the requirements for application completeness, the date shall be recorded and used as the official submission date of the PUD Master Development Plan application, and the application shall be referred to the Planning Board to commence its review in accordance with the procedures set forth in this section.
[6]
Public hearing. The Planning Board shall conduct a public hearing within 62 days from the day a PUD Master Development Plan is deemed complete by the Planning Board. For purposes of this section, a PUD Master Development Plan application shall be deemed complete upon the filing of a negative declaration or a notice of completion of the draft environmental impact statement, as the case may be, by the Planning Board. Public notice of said public hearing shall be provided in accordance with the requirements of § 280-21 of the Code of the City of Glen Cove, and shall also be given by at least one publication in the official newspaper of the City not less than 10 days before the date of such hearing. The public hearing on the PUD Master Development Plan application may be held jointly with any other public hearings, which may be applicable to the specific project. The proposed PUD Master Development Plan, as well as the proposed PUD site plan and/or PUD subdivision if concurrent applications are made, together with the Full EAF or DEIS, shall be made available for public review on the City's website and at the office of the City Clerk and any other public place designated by the Planning Board. The time within which the Planning Board shall conduct a public hearing may be extended by mutual consent of the applicant and the Planning Board.
[7]
Referral to County Planning Commission. The Planning
Board shall comply with the requirements of § 239-m of the
General Municipal Law.
[8]
Planning Board review considerations of PUD Master
Development Plan. The Planning Board shall consider the following
factors in determining whether to approve a proposed PUD Master Development
Plan application, including, but not limited to:
[a]
Extent to which the application serves to implement
the legislative intent, purposes and goals set forth in this section
and the Master Plan of the City;
[b]
Extent to which the application may be in conformance
with a conceptual site or other preliminary design plan, if any, which
is the subject of any preexisting agreement concerning the PUD development;
[c]
Proposed mix of land uses and their planned design
and arrangement on the site, including compatibility with environmental
conditions, neighboring sites and land uses;
[d]
Potential impact of the proposed development upon
the area in which it is located, and upon the City and the region
as a whole; and
[e]
Adequacy of the phasing plan relative to the uses
in each phase.
[9]
Planning Board action on PUD Master Development
Plan.
[a]
The Planning Board shall act to approve, approve
with conditions or modifications or disapprove the PUD Master Development
Plan application within 62 days after the close of the public hearing
or the completion of SEQRA as evidenced by a resolution of the Planning
Board, whichever is later. The time frames provided under SEQRA shall
govern whenever there is a conflict in time frames. The time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Planning Board.
[b]
The Planning Board shall have the authority to
impose conditions and restrictions, which are directly related to
and incidental to the proposed PUD Master Development Plan. Such conditions
may include, without limitation:
[i]
Required modifications of any aspect of the PUD
Master Development Plan, including partial approval of all or any
portion of the plan;
[ii]
Restrictions on the quantity, type and location
of each permitted land use;
[iii]
Requirements relating to construction, ownership,
operation, and maintenance responsibility for both on-site and off-site
infrastructure improvements;
[iv]
Provisions ensuring the permanent ownership, preservation
and maintenance responsibility for required open spaces, public amenities,
and for buildings or sites of significant historical and/or archeological
value;
[v]
The establishment of standards, including design,
performance, and/or bulk standards, as deemed appropriate by the Planning
Board, to govern future PUD site plan approvals and/or PUD subdivision
approvals for individual phases or sections of the proposed development;
[vi]
Requirements relating to the phasing, timing and/or
sequencing of the proposed development and related improvements; and
[vii]
Any other items relating to the health, safety
and general welfare of the public.
[c]
A copy of the Planning Board's decision to approve,
approve with conditions or modifications, or disapprove the PUD Master
Development Plan application shall be filed with the City Clerk within
five business days of the date of the decision, together with a copy
of any approved PUD Master Development Plan.
[d]
Approval or approval with modifications of a PUD
Master Development Plan application shall expire 12 months after the
date of the PUD Master Development Plan approval unless the applicant
has submitted an application for PUD site plan approval for the entire
PUD Master Development Plan, or a phase or section thereof within
such time frame, and is pursuing said application in good faith. The
Planning Board may extend for good cause shown the duration of the
PUD Master Development Plan approval period for additional six-month
periods, without limitation.
[10]
SEQRA. In its review of any PUD Master Development
Plan pursuant to this section, the Planning Board shall comply with
the provisions of the State Environment Quality Review Act, and its
implementing regulations.
[11]
Planning Board action on applications for PUD
site plan approval and PUD subdivision approval.
[a]
Upon the Planning Board's approval, or approval
with conditions or modifications of the PUD Master Development Plan,
it may act on applications for PUD site plan approval and/or PUD subdivision
approval, which relate to the entire project or to individual sections
thereof.
[b]
The review and consideration of applications for PUD site plan approval and PUD subdivision approval shall be in accordance with the standards, requirements and procedures as set forth in General City Law §§ 32 and 27-a, and Chapters 245 and 280 of the Code of the City of Glen Cove, and with the additional requirements as set forth herein. PUD site plan approval and/or PUD subdivision approval shall be required prior to the issuance of any permit for building, demolition, land clearing, land use or land development within a PUD, or any phase or section thereof, unless this requirement is waived by the Planning Board in connection with any proposed site work, which the Planning Board determines to be in furtherance of the health, safety and general welfare of the public.
[c]
The Planning Board, when reviewing an application
for PUD site plan approval and/or PUD subdivision approval, which
relates to the entire PUD Master Development Plan, or to individual
phases or sections thereof, shall consider, without limitation:
[i]
Conformity of the application to any approvals
or agreements that may pertain to the development, and any conditions
imposed by the Planning Board as part of its PUD Master Development
Plan approval;
[ii]
Adequacy, location, arrangement, design and appearance
of each aspect of the development for consistency with the approved
PUD Master Development Plan;
[iii]
The applicant's efforts to comply with all applicable
timing and sequencing requirements and conditions of the PUD Master
Development approval, as well as the applicant's diligence in acting
on any prior PUD site plan approvals that may have been granted;
[iv]
Any phase or section of the PUD Master Development
Plan for which the Planning Board shall grant PUD site plan approval
shall be determined to be capable of being self-supporting and sustainable
and environmentally sound in the event that the applicant does not
proceed with other sections, provided that the intent of this section
is that the applicant will proceed with and complete the entire PUD
Master Development Plan;
[v]
Functional relationship between the individual
phases or sections for which the applicant seeks PUD site plan approval
and/or PUD subdivision approval, and the other phases or sections
of the approved PUD Master Development Plan, to ensure, among other
things, that the appropriate infrastructure and amenities shall be
completed in accordance with future timetables and conditions.
[vi]
Dedication of land for permanent preservation
and the construction of on-site and/or off-site infrastructure improvements
shall be accomplished in conformance with the phasing plan approved
as part of the PUD Master Development Plan approval, as may be modified
by the Planning Board as part of a PUD site plan approval or PUD subdivision
approval, and shall be installed so as to properly serve the proposed
site development. In order to make such determination, the Planning
Board may require the preparation and submission of additional detailed
plans and/or studies with respect to water supply, sewerage service,
stormwater drainage, road improvements and other utilities and services,
as the Planning Board may deem necessary to serve not only the individual
phases or sections proposed, but the PUD as a whole.
[d]
Any action taken by the Planning Board on an application
for PUD site plan approval or PUD subdivision approval shall be made
subject to the applicant obtaining all other necessary approvals,
licenses and/or permits as may be required from other federal, state
or local governmental agencies having jurisdiction thereof. As a condition
of approval, each applicant shall 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 all land dedications, common areas,
facilities, utilities and services, for the individual phases or sections
proposed and the PUD as a whole. Such documentation shall be acceptable
to the City Attorney in form and substance.
[e]
In its review of any PUD site plan and/or PUD subdivision
pursuant to this section, the Planning Board shall comply with the
provisions of the State Environment Quality Review Act, and its implementing
regulations.
[f]
The Planning Board in its sole and reasonable discretion may waive any design requirement or requirement for the provision of improvements contained in Chapter 245, where waiving said requirement is consistent with an approved PUD Master Development Plan.
[Added 8-24-2010]
[g]
Approval of a PUD site plan by the Planning Board shall expire
18 months after the date of the PUD site plan approval. The Planning
Board shall extend the duration of the PUD site plan approval period
for additional six-month periods, without limitation, if an applicant
demonstrates that it is proceeding in good faith to develop its property
in accordance with the PUD site plan approval.
[Added 3-27-2013 by L.L. No. 1-2013]
[12]
Applicability. This § 280-73.2C(3)(c) shall be applied to any application pending before the Planning Board at the time of the effective date of this section, provided that any such application pending before the Planning Board upon the effective date herein shall be deemed to have complied with the relevant provisions of this section, which may have passed in time.
(d)
Vested rights.
[Added 3-27-2013 by L.L. No. 1-2013]
[1]
Legislative intent and findings. The implementation
of a PUD Master Development Plan often involves a multiyear build-out
following substantial investment in the land use approvals process.
This vested rights regulation is enacted with the intent of providing
a reasonable balance between the expectation and desire of private
applicants/property owners seeking to implement an approved PUD Master
Development Plan to know that zoning and other applicable laws and
regulations will not change during the project build-out period, and
the right of the present and future City Council to enact and apply
zoning amendments and other planning and environmental regulations
when the public health, safety, or general welfare requires. The City
Council finds that it is necessary and desirable, as a matter of public
policy, to provide for the establishment of certain statutory vested
rights given the practical timing, cost, phasing and other considerations
involved in implementing an approved PUD Master Development Plan,
as well as to stimulate economic growth and foster cooperation between
the public and private sectors in land use planning. The City Council
further finds that this vested rights regulation is consistent with
the general principles set forth in the City's Master Plan, dated
May 2009. Nothing in this section shall prohibit, preempt or otherwise
prevent in any way an applicant from obtaining vested rights to complete
any part of its approved PUD Master Development Plan by common law
or otherwise.
[2]
Vested rights.
[a]
For 12 years following the Planning Board's approval
of a PUD Master Development Plan in the MW-3 District located on the
south side of Garvies Point Road and Herb Hill Road, and including
the portion of the approved PUD Master Development Plan for the RXR
Glen Isle Mixed-Use Waterfront Development Project located on the
north side of Garvies Point Road and Herb Hill Road, and subject to
the extension provisions below, an applicant, or its successor(s)
in interest, shall retain vested rights to undertake and complete
the development shown on said PUD Master Development Plan, and under
the terms and conditions of all relevant approving resolutions and
SEQRA findings. All City local laws, ordinances, and enactments, and
all other City zoning, planning, and environmental rules, requirements
or regulations, which are in effect at the time of the Planning Board's
approval of a PUD Master Development Plan, shall remain applicable
to said approved PUD Master Development Plan for 12 years, except
when there is:
[i]
Newly discovered information or a change in circumstances
establishing that the project or any portion thereof is likely to
materially harm or endanger the public health, safety, general welfare
or biological habitat if the project were to proceed as contemplated
in the approved PUD Master Development Plan, and that such harm or
endangerment would not be prevented by existing laws, codes, ordinances,
rules or regulations, or by any governmental entities, as determined
by the Planning Board in its sole discretion, which determination
shall be set forth in writing and shall be deemed a final agency action;
or
[ii]
A change in supervening federal or state laws,
rules or regulations, which would materially and adversely affect
said development as contemplated in the approved PUD Master Development
Plan.
[b]
In the event that a vesting exception set forth
in Subsection C(3)(d)[2][a][i] and/or [ii] above is implicated, said
exception shall relate only to the portion or aspect of the development
affected by the newly discovered information, change in circumstance
or new law, rule or regulation, and the vesting protections provided
herein shall continue with respect to any portion or aspect of the
development not affected by the newly discovered information, change
in circumstance or new law, rule or regulation. A vested property
right is not a personal right, but shall attach to and run with the
applicable property. The twelve-year vesting period shall not be extended
by any amendments or modifications to the PUD Master Development Plan
unless expressly provided by the City Council.
[3]
Status report. An applicant that has retained vested
rights hereunder shall submit annually to the Planning Board, City
Council, Glen Cove Industrial Development Agency, and Glen Cove Community
Development Agency, a written status report describing the progress
of the development of the approved PUD Master Development Plan. Such
yearly status report shall be submitted not sooner than 30 days, and
not later than 15 days, prior to each anniversary of the Planning
Board's approval of the PUD Master Development Plan.
[4]
Rescission.
[a]
Following the Planning Board's approval of a PUD
Master Development Plan, the Planning Board shall evaluate periodically
the progress of the development of the PUD Master Development Plan,
and shall have the right to rescind any vested rights retained hereunder
through approval of a PUD Master Development Plan for a particular
applicant at any time if the Planning Board finds in a written determination
supported by substantial evidence that the applicant's actions or
inactions with respect to developing the approved PUD Master Development
Plan constituted extreme or egregious unreasonableness under a rational
commercial person standard.
[b]
The City Council may, by a duly adopted resolution,
make a referral to the Planning Board to notify the Board of a potential
basis to rescind any vested rights retained hereunder. The Planning
Board shall make a written determination supported by substantial
evidence regarding whether rescission is warranted in accordance with
the standard set forth in Subsection C(3)(d)[4][a] above. The Planning
Board's determination shall be made within sixty (60) days after referral
from the City Council, unless said time period is mutually extended
by the City Council and Planning Board.
[5]
Extension. Upon the expiration of the aforementioned
twelve-year period or any time prior thereto, the City Council shall
have the right in its discretion to adopt a resolution extending the
vested rights retained hereunder based upon the applicant's good faith
efforts in completing the build-out of the PUD Master Development
Plan. Notwithstanding anything to the contrary in this section, the
vested rights retained hereunder shall be extended automatically for
the amount of time equal to any material delay in the City's completion
of any major public infrastructure work, environmental remediation
or any other obligations required for the PUD development that the
City or any of its agencies is responsible for completing pursuant
to any agreement concerning the PUD development, provided that the
delay was not caused by the actions or inactions of the applicant.
[6]
Expiration of PUD Master Development Plan approval.
Nothing herein relating to vested rights shall be deemed to modify
or alter in any way the expiration date of a PUD Master Development
Plan approval, or the Planning Board's right to grant an extension
of said approval, as provided for by law.
[7]
Applicability. This section shall be applied only
to PUD Master Development Plans approved by the Planning Board in
the MW-3 District located on the south side of Garvies Point Road
and Herb Hill Road, and including the portion of the approved PUD
Master Development Plan for the RXR Glen Isle Mixed-Use Waterfront
Development Project located on the north side of Garvies Point Road
and Herb Hill Road.
D.
Permitted principal uses on the north side of Garvies
Point Road and Herb Hill Road:
(1)
Any non-water-dependent uses permitted in Subsection B on the south side of Garvies Point Road or Herb Hill Road as indicated above.
(2)
Business and professional offices and research,
design and development laboratories.
(3)
Uses related to the production of cinema and
other entertainment mediums.
E.
Special permit uses on north side of Garvies Point
Road and Herb Hill Road:
(1)
Light industry, as defined herein, limited to
assembly, prototype development and processing that does not utilize
chemicals in the process.
F.
Accessory uses:
(1)
Uses customarily incidental or accessory to
the principal uses subject to review and approval by the Planning
Board, including but not limited to swimming pools, tennis courts,
rest rooms, showers, maintenance, service and utility buildings and
laundry facilities.
(2)
Signs in accordance with City of Glen Cove sign
regulations. All signs shall be approved by the City of Glen Cove
Planning Board or Sign Review Committee (SRC).
(3)
Off-street parking.
G.
Lot area and building requirements for principal uses, except for properties covered by the provisions of Subsections C(3) and E(3).
(1)
Minimum lot area: 40,000 square feet.
(2)
Minimum width: 100 feet.
(3)
Minimum frontage along street: 100 feet.
(4)
Minimum setback from street: 20 feet (no parking
permitted in this setback).
(5)
Minimum rear yard: 20 feet to property line.
When a use abuts the water, no structure may be closer than 30 feet
to the mean high water line or bulkhead unless the project includes
a walkway or esplanade along the water accessible to the public or
some other means of public access acceptable to the Planning Board,
in which case said setback requirement may be reduced or eliminated.
(6)
Minimum side yard: not required. If provided,
such yard shall be 15 feet.
(7)
Minimum corner side yard: 25 feet.
(8)
Maximum height: two usable stories and in no
event to exceed 35 feet. Where a building is at least 300 feet from
a one- or two-family zone, the height may be four stories, but not
more than 52 feet. Such increase in height shall be subject to a special
permit.
(9)
No single building or group of attached buildings
shall exceed 100 feet in length without a break in the plane of the
facade. The distance between buildings, if any, shall be at least
15 feet. Buildings located within 100 feet of the bulkhead or high
water line along the Glen Cove Creek shall not exceed 50 feet in dimension
facing such waterfront.
(10)
Maximum development coverage (all impermeable
surfaces) shall be 65% except as otherwise provided herein.
H.
I.
Parking and loading requirements except for properties covered by the provisions of Subsections C(3) and E(3).
(1)
Off-street parking.
|
Use
|
Spaces Required
| |
|---|---|---|
|
Yacht club
|
1 for each 2 slips, plus 1 for each 2 total
employees
| |
|
Restaurant/Catering
|
1 per 3 seats, plus 1 space per 2 employees
on the largest shift
| |
|
Retail
|
1 per 250 square feet of gross floor area
| |
|
Professional or business office
|
1 per 200 square feet of space (exclusive of
bulk storage, common area or utility areas)
| |
|
Medical, dental office
|
1 per 150 square feet of office space (exclusive
of bulk storage, common area or utility area)
| |
|
Hotel
|
1 per hotel room or suite, plus 1 per 2 employees
on the largest shift, plus 1 space for each 4 total seats in a meeting
or conference facility
| |
|
Light industry or laboratory
|
Same as I-1 District §280-69G
| |
|
Residences
|
2 spaces per dwelling unit with 1 or more bedrooms;
1 space per efficiency or studio dwelling unit
| |
|
Other uses
|
As deemed necessary by the Planning Board
|
(2)
Loading.
|
Use
|
Spaces Required
| |
|---|---|---|
|
Retail and industry
|
1 per 25,000 square feet of building area or
fraction thereof
| |
|
Office in excess of 50,000 square feet
|
1 per 50,000 square feet of building area or
fraction thereof
| |
|
Yacht club and related services and other uses
|
As deemed necessary by the Planning Board
|
(3)
Shared parking. Where two or more uses are on
the same lot, or part of a planned unit development, the total amount
of parking spaces to be provided shall be the sum of the requirements,
if any, for each individual use on the lot; the Planning Board may
vary this requirement if the Board finds that the sharing of parking
during the probable time of maximum use of such establishments is
such as to permit a variation; however, once one or more of the uses
terminates, the property owner shall be responsible for assuring adequate
parking in conformance with the standards set herein. The Planning
Board may also approve the joint use of a parking area for uses of
contiguous parcels as long as the Board is satisfied that the total
number of spaces is adequate as computed above.
J.
Other provisions and requirements/guidelines, except for properties covered by the provisions of Subsections C(3) and E(3).
(1)
Except as may be otherwise required, wherever
an off-street parking area of three or more spaces faces a street,
a planting area with a minimum width of six feet shall be provided
between the parking area and the sidewalk. The planting plan for this
strip shall be approved by the Planning Board as part of the site
plan review. Plantings shall be a minimum of three feet in height
planted three feet on center. The remaining portion of the required
setback may be grass or other acceptable ground cover.
(2)
Any use that abuts the Glen Cove Creek must
provide a walkway/esplanade at least 16 feet wide, which will include
a surface wide enough and stable enough to accommodate walking, jogging,
rollerblading, biking and similar activities in a safe and attractive
manner. The esplanade may also include benches and trees or shrubs
within the 16 feet. The walkway must extend the entire width of the
property along Glen Cove Creek and must be consistent with design
guidelines established by the City. In addition, access to the water
or waterfront may include, to the maximum practical extent, some type
of public access such as, but not limited to, a park or plaza area.
Where such access includes a plaza or open space in addition to an
esplanade along the entire width of the property, the Planning Board
may permit an increase in development coverage up to a total of 70%.
(3)
Public pedestrian or boat access plans shall
be approved by the Planning Board and the access shall be available
for public use under a mutually acceptable arrangement between the
City and the property owner. Where public access is provided, for
security and safety reasons the times that access shall be available
to the public shall conform to reasonable business or recreation hours.
(4)
Non-navigable vessels shall not be permitted
to be permanently or temporarily docked and occupied in waters within
the Marine Waterfront District. Transient houseboats must have a permanent
motor and holding tank for sewage waste with dock fittings permitting
mechanical pump-out at dockside. Non-navigable houseboats shall not
be permitted.
(5)
Structures in this district shall be sited so
as to preserve views of Glen Cove Creek and Hempstead Harbor.
(6)
Structures shall adhere to guidelines to be
established by the Planning Board as part of site plan rules and regulations.
Guidelines shall include use of materials and designs consistent with
the objectives of the MW-3 Zone.
(7)
Runoff from parking lots, maintenance, and washdown
facilities must be treated in a manner that prevents oils, grease
and detergents from reaching adjacent water.
(8)
Landscaping shall, to the maximum practical
extent, include plants that require minimal water and use of pesticides.
[Added 8-24-2010]
A.
Purpose and intent.
(1)
The purpose of this district is to permit and encourage the
redevelopment of vacant and/or deteriorated commercial, industrial
and residential properties along certain portions of the Glen Cove
Avenue corridor in a manner that will improve the character of the
nearby environs which include established neighborhoods and significant
quantities of affordable subsidized housing; remove vacant, obsolete,
incompatible, underutilized and marginal structures which are poorly
maintained and present opportunities for illegal activities and have
a blighting influence on the surrounding area; ensure an attractive
entryway into the City of Glen Cove downtown from adjacent communities;
and to promote additional housing opportunities which do not currently
exist in this area. It is the intent of this chapter to require the
demolition or stabilization of vacant, obsolete, incompatible, underutilized
and marginal structures which are poorly maintained, and to encourage
the maintenance of such structures pending redevelopment. The area
to be included in the Glen Cove Avenue Redevelopment Incentive Overlay
(RIO-GCA) District is reflected on the RIO-GCA Overlay Map, prepared
by the Turner Miller Group, dated August 23, 2010, on file in the
office of the Glen Cove City Clerk.
(2)
This location is unique in both its necessity for redevelopment
and revitalization and its significant topography. In order to eliminate
existing blight, blighting influences and incompatible uses, it is
recognized that the vast majority of the area covered by this district
has already been developed, and that it is necessary to provide incentives
and relief in order to capture density from the steeply sloping areas
of the site.
(3)
It is the further purpose of this district to create an attractive
gateway into the downtown, and encourage development that maximizes
pedestrian-friendly and view-enhancing design features, to provide
"eyes on the street" for an area historically characterized by loitering
and illegal activities.
(4)
The area encompassing this incentive overlay district has been
found by the City Council, after evaluating the effect of potential
incentives, which are possible by virtue of community amenities, to
contain adequate resources, environmental quality and public facilities,
including adequate transportation, water supply, waste disposal and
fire protection; and that in designating this district there will
be no significant environmentally damaging consequences and that such
incentives are compatible with the development otherwise permitted.
B.
Applicability.
C.
Permitted uses. The following uses are permitted within the RIO-GCA
Glen Cove Avenue Redevelopment Incentive Overlay District:
(1)
Multiple dwellings, condominium dwellings and townhouses on
at least three acres of real property within the zoning district,
subject to site plan approval by the Planning Board.
(2)
As an accessory to multiple dwellings, condominium dwellings
and townhouses, the following uses may also be authorized:
(b)
Indoor and outdoor recreation facilities, including indoor swimming
pools, spas, tennis courts, clubhouse, pool house, recreation and/or
fitness centers, business centers and meeting spaces, provided that
such facilities are planned as an integral part of the principal use
and are for the use of residents of such principal use and their guests.
(c)
Off-street parking areas or garages.
(d)
Commercial uses such as convenience stores, laundry or dining
facilities, or similar accessory uses, provided they are for the exclusive
use of the residents and their guests.
(e)
Guard booth.
(f)
Management office.
D.
Lot area and building bulk requirements for incentive uses:
(1)
Minimum lot area: three acres.
(2)
Maximum residential density: 20 units per acre.
(3)
Minimum lot width: 150 feet.
(4)
Minimum lot frontage: 150 feet.
(5)
Minimum setback from street: 10 feet.
(6)
Minimum distance from interior property line: 15 feet.
(7)
Required open space: There shall be provided not less than 200
square feet of usable open space for each efficiency unit; 300 square
feet of usable open space for each one-bedroom unit; 350 square feet
of usable open space for each two-bedroom unit and 400 square feet
of usable open space for each unit containing three or more bedrooms
therein. Usable open space may be accommodated in landscaped walking
and sitting areas, on private decks and terraces, and may be located
over structures, but must be outdoors.
(8)
Maximum height: five stories, and in no event greater than 50 feet measured in accordance with § 280-45Q of this chapter, within 25 feet of any property line abutting Glen Cove Avenue, and within 20 feet of any property line abutting any other street. Due to the difficulty of measuring height on the steeply sloping lot, the average height of each building throughout the rest of the site as measured from the four corners of a building from the existing natural grade shall not exceed 50 feet, and no building shall exceed 75 feet in height at its highest point. Stair towers, mechanical equipment and other nonhabitable projections shall not exceed the maximum height permitted by this section by more than 10 feet and, excepting stair towers, shall be set back from the outermost front facade of a building by a minimum of 10 feet. The City Council in authorizing the use shall establish additional height restrictions as necessary to mitigate any potential visual or scenic impacts. Height restrictions shall take into account the design of the project, including architectural measures to reduce the appearance of height and bulk, including structural articulation, architectural design features such as terracing, and the use of landscaping as part of the design of rooftops. An applicant for site plan approval shall submit with the application elevations prepared by a licensed professional engineer or surveyor showing the height of the proposed buildings in relation to the existing natural grade.
(9)
Required off-street parking: two spaces per unit, accept that
the Planning Board may reduce the requirement to a minimum of 1.5
spaces per unit where it finds, based upon the advice of a qualified
traffic engineer, that the proposed bedroom mix is such that 1.5 spaces
is adequate to accommodate the future residents and guests of the
proposed project.
(10)
In order to further the purposes of this Residential Incentive
Overlay District, all existing structures located on the proposed
site shall be maintained in at least the same physical, structural
and aesthetic condition as at the time the application is made, or
may be demolished or stabilized, as a continuing obligation during
the pendency of any application for multiple residences as permitted
in this incentive overlay district. The applicant shall be required
to remove any subsequently occurring publicly visible symptoms of
blight, including but not limited to graffiti, missing wall cladding,
detached gutters, broken windows, presence of trash, and overgrown
landscaping.
E.
Waivers.
(1)
Waiver of affordable housing. The City Council may waive any
requirement by the City of Glen Cove for the set-aside of affordable
housing where adequate on-site and off-site improvements to the neighborhood
are made, which enhance the quality of life of affordable-housing
residents in the neighborhood, including, without limitation, landscaping
improvements, mass transit improvements, facade improvements, and
lighting and security improvements. The City Council shall determine
that there is approximate equivalence between potential affordable
housing lost or gained or that the City has or will take reasonable
action to compensate for any negative impact upon the availability
or potential development of affordable housing caused by the provisions
of this section. In determining whether to waive affordable housing
requirements, the City Council shall consider the following criteria
in determining equivalence:
(a)
The type(s) of on- and off-site neighborhood improvements proposed
by the applicant; and
(b)
The manner and program followed by the applicant in relocating
existing tenants of any affordable residences, which may have resided
at the site prior to the applicant's purchase of all or a portion
of the minimum lot area. The number of affordable-housing residences
in the neighborhood, which would benefit from the on- and off-site
neighborhood improvements being proposed by the applicant shall be
at least five times the number of affordable-housing units which would
otherwise be required under the Zoning Ordinance.
(2)
Waiver of hillside protection provisions. In recognition of
the topography in the RIO-GCA District, the fact that the majority
of the area is already developed and contains man-made steep slopes
and retaining walls, and the density requirements necessary to incentivize
redevelopment of this location, the City Council shall waive the hillside
protection provisions of the Zoning Ordinance, subject to the applicant
satisfying the following criteria:
(a)
The application of best management practices and their ability
to mitigate impacts from stormwater runoff;
(b)
The employment of engineering practices in stabilizing soils
and man-made slopes;
(c)
The ability of foundations and engineered walls to safely develop
the site without impacting surrounding real property or roadways;
(d)
The ability to secure the site and its walls and steep slopes
in a way that insures the safety of future residents and other persons;
(e)
The manner in which the project adapts to the terrain and its
resulting appearance.
F.
Additional incentives and bonuses. An applicant may apply for an
incentive adjustment to the lot area and bulk requirements of this
chapter in exchange for one or more of the following incentives. Incentives
and bonuses may be combined, but in no case shall the maximum residential
density of the site exceed 50 units to the acre. In the event that
the permissible density shall include part of a unit, the permissible
density shall be rounded.
(1)
Density bonus for structured parking. In recognition of the
detracting character of large expanses of parking and asphalt associated
with multifamily development, where an applicant proposes to accommodate
at least 75% of the required parking within structured on-site parking,
which is located out of substantial public view, the City Council
shall increase the maximum residential density by 17 units per acre.
(2)
Density bonus for streetscape improvements. In recognition of
the deteriorated nature of the streetscape in the vicinity of the
project site, where an applicant proposes significant improvements
to the streetscape within 1/2 mile of the Glen Cove Avenue Redevelopment
Incentive Overlay District, which meet the criteria herein, the City
Council shall increase the maximum residential density by 10 units
per acre. In determining whether or not to grant this density bonus,
the City Council shall consider the following:
(a)
The extent and dollar value of off-site improvements to the
surrounding streetscape;
(b)
The public costs that would otherwise be required to effect
the same improvements;
(c)
The improvement to the immediate neighborhoods as well as the
marketability of the downtown from the proposed improvements.
(3)
Density bonus for on-site recreational amenities. The City Council
shall increase the maximum residential density by three units per
acre where the following on-site recreational amenities are provided
for the future residents of the proposed project. The provision of
the following on-site recreational amenities for the purpose of achieving
additional site density does not necessarily satisfy the requirements
of the applicant to provide parkland or money in lieu thereof as described
in General City Law § 27-a, Subdivision 6:
G.
Money in lieu of community benefits or amenities.
(1)
At the request of the applicant or on its own determination
that the identified amenities and benefits to the City are not immediately
feasible or otherwise not practical for the applicant to provide,
the City Council may require, in lieu thereof, a payment to the City
of a sum determined by the City Council. If cash is accepted in lieu
of other community benefit or amenity, provision shall be made for
such sum to be deposited in a trust fund to be used by the legislative
body of the city exclusively for specific community benefits authorized
by the City Council.
(2)
If the Planning Board determines that parkland is required as
part of the approval of the site plan pursuant to General City Law
§ 27-a(6), and if the Planning Board further finds that
such parkland cannot be properly located on such site plan, the City
Council may further identify specifically where and how any money
in lieu of parkland shall be applied.
(3)
Any money in lieu of community benefits or amenities must be
received upon the issuance of a building permit for construction of
the proposed residential development.
H.
Procedure.
(1)
An application for an incentive bonus shall be in writing and
submitted to the City Council. The application shall include a conceptual
site plan along with a narrative describing the proposed development
program, including a statement as to the buildable yield of the proposed
development parcel, an EAF or DEIS, and a boundary or topographic
survey accurately depicting site conditions.
(2)
The narrative shall describe the incentives and bonuses being
applied for and address the criteria and considerations that the City
Council must consider in deciding whether to grant such incentives
and bonuses.
(3)
The applicant may include in its narrative any further considerations
of community benefits or amenities beyond those identified herein
being provided by the project.
(4)
Where the applicant is requesting to provide money in lieu of
community benefits or amenities, the applicant shall provide a calculation
and proposal of an appropriate payment. The City Council shall consider
the proposal for payment by the applicant in determining whether the
community benefits and amenities may be achieved.
(5)
The City Council, upon receipt of a concept plan and application
narrative, shall forward the application to the Planning Board for
recommendation on incentives, bonuses, conceptual site plan, and application
for waiver of hillside protection provisions.
(6)
At the discretion of the applicant, a full site plan may be
submitted in place of a conceptual site plan as a basis for the City
Council to make their decision regarding authorization of incentives
and bonuses.
(7)
The application for authorization of a development under this
section will be subject to the provisions of Article 8 of the Environmental
Conservation Law.
(8)
Notwithstanding the above, where an application for a change
of zone is pending before the Planning Board at the time of adoption
of this section, the applicant shall not be required to make a further
application to the City Council.
I.
Concept site plan required.
(1)
Within 45 days of receipt of a request for recommendation or,
if a DEIS is required for the application pursuant to 6 NYCRR Part
617 (SEQR), within 45 days following a public hearing held on the
DEIS, the Planning Board shall provide its recommendations to the
City Council with respect to the authorization of incentives and bonuses.
This time period may be extended by consent of the applicant.
(2)
The Planning Board shall consider the conceptual site plan against
the following standards in making its recommendations to the City
Council:
(a)
Building scale and density should be balanced with the maximization
of open space within the development and the use of landscaping to
mitigate and balance the visual impact of building size (including
landscaped roof terraces to the extent practicable).
(b)
The architectural treatment of buildings shall be such that
when viewed from a distance, building masses are broken up visually
through the use of techniques such as, but not limited to, stepping
bays and recesses, balconies and terraces, and changes of material,
to create a sense of scale and visual relief.
(c)
The building scale and density shall be balanced with the maximization
of concealed parking facilities within the development area, and the
use of landscaping, architectural treatments, roof gardens and courtyards,
to conceal or mitigate the visual and environmental impacts of parking
structures or surface lots on the site and the surrounding areas.
(d)
The architectural treatment of those portions of buildings,
in particular the facades of first and second floors, that face or
adjoin pedestrian-oriented streets, sidewalks, open spaces and esplanades,
is such that the quality of the pedestrian experience is maximized
through the use of techniques such as, but not limited to, quality
and variety of facade materials, architectural detail, variety in
massing such as bays and recesses, location and scale of windows and
doors, and inclusion of features such as porches, steps, planters,
awnings, etc.
(3)
Public hearing required. The City Council shall hold a public
hearing on the proposed application for development under the provisions
of the RIO-GCA prior to making any determinations on whether to authorize
incentive uses or additional incentives and benefits, including, without
limitation, acceptance of money in lieu of incentives or benefits.
Notice of the public hearing specifying the incentives and bonuses
being sought, as well as the total number of units being proposed,
shall be sent by mail to each owner or occupant of all parcels of
property located within a radius of 300 feet measured from all points
of the subject property line by certified mail, return receipt requested.
Said notice shall be postmarked no sooner than 20 days and no later
than 10 days prior to the date set for the public hearing. An affidavit
of mailing, together with the certified letter postal receipts, shall
be filed with the Council. The hearing date shall also be advertised
by posting of a sign stating the time, date and place of the public
hearing to be held on the property which is the subject of an application.
The sign shall be posted at least 10 days prior to the date of the
hearing. The sign shall be visible from adjacent rights-of-way. If
the subject property is on more than one right-of-way, a sign shall
be posted facing each right-of-way. If the sign is destroyed or removed
from the property, the owner of the subject property shall be responsible
for replacing it. Ten days prior to the public hearing, the owner
of the subject property shall execute and submit to the Department
of Planning an affidavit of proof of the posting of the public notice
sign(s) according to this subsection. If the owner of the subject
property fails to submit the affidavit, the public hearing will be
postponed until after the affidavit has been supplied. Where a full
site plan has been submitted for consideration of authorization of
incentives and bonuses, the Planning Board shall schedule its public
hearing on the site plan jointly with the City Council's public hearing
on the authorization of incentives and bonuses.
J.
State Environmental Quality Review (SEQR). The generic environmental
impact statement for the Glen Cove Master Plan served as the generic
environmental impact statement (GEIS) required by Section 81-d of
the General City Law in enacting the incentive zoning district. That
generic environmental impact statement identified no significant impacts
as a result of granting incentive density. The GEIS required that
an application for incentive redevelopment provide a site-specific
environmental review subject to the requirements of SEQRA. Therefore,
development under the provisions of the Residential Incentive Overlay
District shall be deemed a Type 1 action pursuant to SEQRA, and any
such site-specific EIS must further address the consideration of section
81-d of the General City Law. It is the intent of this chapter that
any public hearing by the City Council to consider an application
for incentives hereunder shall be a joint hearing with the Planning
Board on the DEIS and on site plan approval, if the applicant has
submitted a full site plan application.
K.
Action by City Council.
(1)
The City Council shall not authorize any incentive or bonus
pursuant to this section until the Planning Board files its report
of recommendation, except in the instance where the Planning Board
fails to convey its report to the City Council within the time frame
specified by this section, in which case such failure to report shall
be construed by the Council as a recommendation to approve.
(2)
In determining whether to authorize incentives and bonuses as
detailed herein, the City Council shall:
(a)
Consider the recommendations of the Planning Board.
(b)
Determine that the proposed redevelopment project satisfies
the purpose and intent of the Glen Cove Avenue Redevelopment Incentive
Overlay District.
(c)
Determine that the proposed redevelopment project is in harmony
with the recommendations of the City Master Plan.
(d)
Find that authorization of the incentives and bonuses will not
result in significant adverse environmental impacts, or that such
impacts have been mitigated to the maximum extent practicable.
L.
Site plan approval required.
(1)
Any development under the provisions of the Glen Cove Avenue
Redevelopment Incentive Overlay District shall require full site plan
review by the Planning Board.
(2)
The Planning Board shall only approve a site plan which is substantially
identical to the conceptual site plan submitted as part of the application
for authorization of incentives and bonuses in terms of:
M.
Severability. Should any provision of this section be rendered invalid,
such decision shall not affect the validity of this chapter as a whole
or any part thereof, other than the part rendered invalid. Should
the provisions governing the acceptable benefits and amenities listed
herein be rendered invalid, the incentives and bonuses associated
with such benefits and amenities are declared prohibited absent such
benefits and amenities.
[Added 8-24-2010]
A.
Purpose.
(1)
The purpose of this district is to permit and encourage the
redevelopment of vacant and/or deteriorated commercial, industrial
and residential properties within the Orchard Neighborhood in a manner
that will improve the character of the nearby environs which include
an established neighborhood important to the character of the City;
remove vacant, obsolete, incompatible, underutilized and marginal
structures which are poorly maintained and present opportunities for
illegal activities and have a blighting influence on the surrounding
area; ensure an attractive entryway into the City of Glen Cove downtown
from adjacent communities; and to promote additional housing opportunities
which do not currently exist in this area. It is the intent of this
chapter to require the demolition or stabilization of vacant, obsolete,
incompatible, underutilized and marginal structures which are poorly
maintained, and to encourage the maintenance of such structures pending
redevelopment. The area to be included in the Orchard Neighborhood
Redevelopment Incentive Overlay (RIO-ON) District is reflected on
the RIO-ON Overlay Map, prepared by the Turner Miller Group, dated
August 23, 2010, on file in the office of the Glen Cove City Clerk.
(2)
In order to eliminate existing blight, blighting influences
and incompatible uses, it is recognized that the vast majority of
the area covered by this district was historically built as one- and
two-family housing, but has undergone significant increases in density
(both legally and illegally) over the years, taxing the existing infrastructure
in the area, especially the street system; it is necessary to provide
incentives and relief in order to promote redevelopment of the area
in a manner that is protective of public safety and respectful of
the historic importance of this area.
(3)
It is the further purpose of this district to create an attractive
gateway into the downtown and to encourage development that maximizes
pedestrian-friendly and view-enhancing design features, to provide
"eyes on the street" for an area historically characterized by loitering
and illegal activities.
(4)
The area encompassing this incentive overlay district has been
found by the City Council, after evaluating the effect of potential
incentives, which are possible by virtue of community amenities, to
contain adequate resources, environmental quality and public facilities,
including adequate transportation, water supply, waste disposal and
fire protection, and that in designating this district, there will
be no significant environmentally damaging consequences and that such
incentives are compatible with the development otherwise permitted.
B.
Applicability.
C.
Permitted principal uses. Any use permitted by the underlying zoning
district subject to all the restrictions, including bulk restrictions,
as prescribed therein.
D.
Permitted accessory uses.
(1)
Any accessory use permitted by the underlying zoning district
subject to all the restrictions, including bulk restrictions as prescribed
therein.
(2)
As an accessory to multiple dwellings, condominium dwellings
and townhouses, the following uses may also be authorized:
(b)
Indoor and outdoor recreation facilities, including indoor swimming
pools, spas, tennis courts, clubhouse, pool house, recreation and/or
fitness centers, business centers and meeting spaces, provided that
such facilities are planned as an integral part of the principal use
and are for the use of residents of such principal use and their guests.
(c)
Off-street parking areas or garages.
(d)
Guard booth.
(e)
Management office.
E.
Prohibited accessory uses. No material used in the conduct of commerce
or intended for sale, including but not limited to building supplies,
plumbing supplies, electrical supplies, bulk pavers, bulk tiles, bulk
stone, soil stockpiles, gravel stockpiles, vehicles, or auto parts
shall be stored on any residential lot.
F.
Special uses. Any special use permitted by the underlying zoning
district subject to all the restrictions, including bulk restrictions,
as prescribed therein.
G.
Usable recreational yard requirements. Each unit of any residential
use other than a single-family detached residence shall be provided
a usable unoccupied recreational yard area of at least 400 contiguous
square feet in a side or rear yard for the enjoyment of occupants.
A single joint yard for multiple units may be provided, but such yard
shall be no less than the sum of that required for each. Neither driveways,
parking areas, areas under fire escapes, nor areas used for storage
count toward usable recreational yard area. Areas used for on-site
recreational amenities such as playgrounds, tennis courts, clubhouses,
fitness equipment, and swimming pools shall count toward usable recreational
yard requirements.
H.
Incentive uses permitted by special use permit at the discretion
of the Planning Board.
(1)
Townhouses (single-family attached dwellings) subject to the
following:
(a)
A minimum lot size of 15,000 square feet is required.
(b)
A minimum of 3,000 square feet of gross lot area shall be required
per townhouse unit.
(c)
Townhouse units shall be unlike adjacent units in the same structure in exterior design and appearance. In determining that townhouses are unlike adjacent units in the same structure in design and appearance, the criteria of § 280-45B shall be applied.
(d)
Each townhouse unit will occupy an entire vertical space between foundation and roof, except where a flat is located below the townhouse unit pursuant to § 280-73.4H(2).
(e)
Each unit shall provide at least two off-street parking spaces.
(f)
Maximum impervious coverage shall be 75%.
(g)
The height of the building shall not exceed 2 1/2 stories or 35 feet except where a flat is located below the Townhouse unit pursuant to § 280-73.4H(2).
(h)
A minimum side yard of 10 feet is required.
(i)
A minimum rear yard of 15 feet is required.
(j)
A front yard of no more than 20 feet shall be provided along
each public right-of-way, except where a townhouse fronts on a public
right-of-way, a covered unenclosed front porch extending at least
five feet from the front of the building and spanning at least 50%
of the width of the unit may be located within a required front yard.
(k)
No residential structures shall be located closer than 15 feet
to each other and the Planning Board may require greater than 15 feet
where it deems necessary.
(l)
A homeowners' association with rules approved by the Planning
Board upon advice of the Planning Board Attorney or other arrangement
acceptable to the Planning Board shall be established to ensure maintenance
of all required improvements, exterior walls and common lands. Additionally,
the homeowners' association shall include irrevocable provisions in
its charter that shall require maintenance of exterior walls, windows,
sidewalks, garages, parking areas, interior drives, landscaping, roofing
or other surfaces/structures visible from a public right-of-way or
common area within 90 days of receipt of a request for such maintenance
by the City of Glen Cove City Council.
(m)
The minimum lot area per unit, as provided in § 280-73.4H(1)(b) herein, may be reduced to 2,000 square feet of gross lot area per unit as an incentive at the discretion of the Planning Board, where the following amenities are included in the project:
[1]
On-site active recreational amenities, including
but not limited to playgrounds, tennis courts, clubhouses, fitness
equipment, and/or swimming pools with a total area comprising no less
than 10% of the total lot area and available to all occupants. In
providing this increase in density, the Planning Board shall make
a determination that the recreational amenities are substantial and
superior to what is typically offered for residents of townhouses
in the City of Glen Cove.
[2]
Each townhouse unit is provided at least one parking
space within an attached garage.
[3]
In addition to satisfying the parking requirement of § 280-73.4H(1)(e) herein, the applicant shall also provide one additional off-street parking space for each two townhouse units for use by visitors.
[4]
Each unit (inclusive of flats where proposed) is
provided a patio, porch or terrace area of no less than 50 square
feet.
(2)
Where townhouses meeting all special permit requirements of
the RIO-ON Overlay District are proposed, flats may be proposed to
be located in the same structure as the proposed townhouses subject
to the following:
(a)
A maximum of one flat is permitted for each three townhouses.
(b)
A minimum lot size of 25,000 square feet is required.
(c)
The flat shall be designed to seamlessly blend into the appearance
of the townhouse structure, and its presence shall not be overtly
distinguishable except by the presence of an additional door.
(d)
The flat shall have no more than two bedrooms.
(e)
At least two off-street parking spaces shall be provided for
each flat. Parking for the flat need not be provided in an attached
garage, but at least one of the off-street parking spaces shall be
assigned specifically to the flat.
(f)
No unit shall have a livable space of less than 600 square feet.
(g)
The height of the building shall not exceed three stories or
42 feet.
(h)
On-site recreational amenities shall be provided including,
but not limited to playgrounds, tennis courts, clubhouses, fitness
equipment, and/or swimming pools with a total area comprising no less
than 10% of the total lot area and available to all occupants. If
applicable this provision shall be inclusive of, not additive to any
similar provision for townhouses in the RIO-ON district.
(3)
Multifamily residential buildings,
(a)
A minimum lot size of 40,000 square feet is required.
(b)
Each dwelling unit shall have no more than two bedrooms.
(e)
Each residential unit shall provide the following minimum off-street
parking:
[1]
One space per efficiency unit
[2]
One and one-half spaces per one-bedroom unit, except
that units that prohibit occupancy by persons under the age of 18
shall provide one space per unit.
[3]
Two spaces per unit with two bedrooms, except that
units that prohibit occupancy by persons under the age of 18 shall
provide 1 1/2 spaces per unit.
(f)
Maximum impervious coverage shall be 75%.
(g)
The height of the building shall not exceed 3 1/2 stories
or 45 feet.
(h)
A minimum distance from property line: 10 feet.
(i)
A front yard of no more than 20 feet and no less than 10 feet
shall be provided along each public right-of-way. No off-street parking
shall be provided between the building and the street. No structured
parking shall be visible from any public street.
(j)
On-site recreational amenities shall be provided, including
but not limited to playgrounds, tennis courts, clubhouses, fitness
equipment, and/or swimming pools with a total area comprising no less
than 10% of the total lot area and available to all occupants and
acceptable to the Planning Board.
(k)
Reduced usable recreational yard requirement. The usable recreational yard standards of § 280-73.4G shall be provided as follows: not less than 100 square feet for each efficiency unit; 150 square feet for each one-bedroom unit; 200 square feet for each two-bedroom unit.
(l)
At least 30 square feet per unit of improved parkland available
to the general public is provided and irrevocably offered for dedication
to the City of Glen Cove. Parkland shall be improved with playground
equipment, landscaped sitting areas, outdoor fitness equipment, and/or
other facilities acceptable to the Planning Board and the Glen Cove
City Recreation Director. This improved parkland may be located off
site but must be located within 750 feet of the proposed site and
within the RIO-ON Overlay District. This parkland may be counted toward
the satisfaction of on-site recreational amenities and usable recreational
yards.
(4)
Mixed-use commercial and residential structures. Multifamily
residential structures are permitted on upper stories over commercial
uses subject to the following criteria:
(a)
All special permit criteria applicable to multifamily residential
structures.
(b)
The ground-story commercial use is a permitted use in the underlying
zoning district; or is a special permit use adhering to all required
special permit criteria.
(c)
The Planning Board makes a determination that any nonresidential
uses contained in the structure are compatible with residential occupancy
and do not pose a risk to the health, safety or general welfare of
occupants therein.
(d)
The full parking requirement for all uses are met on the site.
I.
Waivers.
(1)
Waiver of affordable housing. The City Council may waive any
requirement by the City of Glen Cove for the set aside of affordable
housing where adequate on-site and off-site improvements to the neighborhood
are made which enhance the quality of life of affordable housing residents
in the neighborhood, including, without limitation, landscaping improvements,
mass transit improvements, facade improvements, and lighting and security
improvements. The City Council shall determine that there is approximate
equivalence between potential affordable housing lost or gained or
that the City has or will take reasonable action to compensate for
any negative impact upon the availability or potential development
of affordable housing caused by the provisions of this section. In
determining whether to waive affordable housing requirements, the
City Council shall consider the following criteria in determining
equivalence:
(a)
The type(s) of on- and off-site neighborhood improvements proposed
by the applicant.
(b)
The manner and program followed by the applicant in relocating
existing tenants of any affordable residences, which may have resided
at the site prior to the applicant's purchase of all or a portion
of the minimum lot area.
(c)
The number of affordable housing residences in the neighborhood
which would benefit from the on- and off-site neighborhood improvements
being proposed by the applicant shall be at least five times the number
of affordable housing units, which would otherwise be required under
the Zoning Ordinance.
(d)
The recommendation of the Planning Board.
(2)
Waiver of hillside protection provisions. In recognition of
the topography in the RIO-ON District, the fact that the majority
of the area is already developed and contains man-made steep slopes
and retaining walls, and the density requirements necessary to incentivize
redevelopment of this location, the City Council may waive the hillside
protection provisions of the Zoning Ordinance, subject to the applicant
satisfying the following criteria:
(a)
The application of best management practices and their ability
to mitigate impacts from stormwater runoff;
(b)
The employment of engineering practices in stabilizing soils
and man-made slopes;
(c)
The ability of foundations and engineered walls to safely develop
the site without impacting surrounding real property or roadways;
(d)
The ability to secure the site and its walls and steep slopes
in a way that insures the safety of future residents and other persons;
(e)
The manner in which the project adapts to the terrain and its
resulting appearance; and
(f)
Whether or not a viable project would be achievable without
waiver of the slope provisions.
J.
Additional incentives and bonuses. An applicant may apply for an
incentive adjustment to the lot area and bulk requirements of this
chapter in exchange for one or more of the following incentives. Incentives
and bonuses may be combined, but in no case shall the maximum residential
density of the site exceed 35 units to the acre.
(1)
Density bonus for structured parking. In recognition of the
detracting character of large expanses of parking and asphalt associated
with multifamily development, where an applicant proposes to accommodate
at least 75% of the required parking within structured on-site parking,
which is located out of substantial public view, the Planning Board
may reduce the required minimum lot area per dwelling unit by 25%.
(2)
Density bonus for streetscape improvements. In recognition of
the narrow and deteriorated street conditions in the vicinity of the
project site, where an applicant proposes significant improvements
to the streetscape that would result in enhanced safety and appearance,
the Planning Board may reduce the required minimum lot area per dwelling
unit by 25%. In determining whether or not to grant this density bonus,
the Planning Board shall consider the following:
(a)
The extent and dollar value of off-site improvements to the
surrounding streetscape;
(b)
The public costs that would otherwise be required to effect
the same improvements;
(c)
The improvement to the safety and appearance of the immediate
neighborhoods as well as the possible marketability of the downtown
from the proposed improvements.
(3)
Density for green building. The Planning Board may reduce the
required minimum lot area per dwelling unit by 25% for units that
it finds are located within a proposed structure eligible for a gold
certification from the US Green Buildings Council under their Leadership
in Energy and Environmental Design (LEED) Green Buildings rating system.
K.
Money in lieu of community benefits or amenities.
(1)
At the request of the applicant or on a determination by the
Planning Board that the identified amenities and benefits to the City
are not immediately feasible or otherwise not practical for the applicant
to provide, the Planning Board may refer the application to the City
Council, which may require, in lieu of incentives, a payment to the
City of a sum determined by the City Council. In referring the matter
to the City Council, the Planning Board shall include its recommendation.
If cash is accepted in lieu of other community benefit or amenity,
provision shall be made for such sum to be deposited in a trust fund
to be used by the legislative body of the City exclusively for specific
community benefits authorized by the City Council.
(2)
Any money in lieu of community benefits or amenities must be
received prior to issuance of a building permit for construction of
the proposed residential development.
L.
Procedure.
(1)
An application for waiver, incentive special use and/or incentive
bonus shall be in writing and submitted to the Planning Board and
to the City Council as required herein. The application shall include
a conceptual site plan along with a narrative describing the proposed
development program, including a statement as to the buildable yield
of the proposed development parcel, an EAF or DEIS, and a boundary
or topographic survey accurately depicting site conditions.
(2)
The narrative shall describe the waivers, incentive special
use, incentives and bonuses being applied for and address the criteria
and considerations that the Planning Board and/or City Council must
consider in deciding whether to grant such incentives and bonuses.
(3)
The applicant may include in its narrative any further considerations
of community benefit or amenities beyond those identified herein being
provided by the project.
(4)
Where the applicant is requesting to provide money in lieu of
community benefits or amenities, the applicant shall provide a calculation
and proposal of an appropriate payment. The City Council shall consider
the proposal for payment by the applicant in determining whether the
community benefits and amenities may be achieved.
(5)
At the discretion of the applicant, a full site plan may be
submitted in place of a conceptual site plan as a basis for the Planning
Board and/or City Council to make their decision regarding authorization
of incentives and bonuses.
(6)
The application for authorization of a development under this
section will be subject to the provisions of Article 8 of the Environmental
Conservation Law.
M.
Concept site plan required.
(1)
Within 45 days of receipt of a concept plan or, if a DEIS is
required for the application pursuant to 6 NYCRR Part 617 (SEQR),
within 45 days following a public hearing held on the DEIS, the Planning
Board shall provide any required recommendations to the City Council
with respect to the authorization of incentives and bonuses. This
time period may be extended by consent of the applicant.
(2)
The Planning Board shall consider the conceptual site plan against
the following standards in determining whether to authorize waivers,
incentive special uses, incentives or bonuses and in making its recommendations
to the City Council:
(a)
Building scale and density should be balanced with the maximization
of open space within the development, and the use of landscaping to
mitigate and balance the visual impact of building size (including
landscaped roof terraces to the extent practicable).
(b)
The architectural treatment of buildings shall be such that
when viewed from a distance, building masses are broken up visually
through the use of techniques such as, but not limited to, stepping
bays and recesses, balconies and terraces, and changes of material,
to create a sense of scale and visual relief.
(c)
The building scale and density shall be balanced with the maximization
of concealed parking facilities within the development area, the use
of landscaping, architectural treatments, roof gardens and courtyards,
to conceal or mitigate the visual and environmental impacts of parking
structures or surface lots on the site and the surrounding areas.
(d)
The architectural treatment of those portions of buildings,
in particular the facades of first and second floors, that face or
adjoin pedestrian-oriented streets, sidewalks, open spaces and esplanades,
is such that the quality of the pedestrian experience is maximized
through the use of techniques such as, but not limited to, quality
and variety of facade materials, architectural detail, variety in
massing such as bays and recesses, location and scale of windows and
doors, inclusion of features such as porches, steps, planters, awnings,
etc.
(3)
Public hearing required. The Planning Board and/or City Council
shall hold a public hearing on the proposed application for development
under the provisions of the RIO-ON prior to making any determinations
on whether to authorize incentive special uses, waivers or additional
incentives and benefits, including, without limitation, acceptance
of money in lieu of incentives or benefits. Notice of the public hearing
specifying the incentives and bonuses being sought, as well as the
total number of units being proposed, shall be sent by mail to each
owner or occupant of all parcels of property located within a radius
of 300 feet measured from all points of the subject property line
by certified mail, return receipt requested. Said notice shall be
postmarked no sooner than 20 days and no later than 10 days prior
to the date set for the public hearing. An affidavit of mailing, together
with the certified letter postal receipts, shall be filed with the
Council. The hearing date shall also be advertised by posting of a
sign stating the time, date and place of the public hearing to be
held on the property which is the subject of an application. The sign
shall be posted at least 10 days prior to the date of the hearing.
The sign shall be visible from adjacent rights-of-way. If the subject
property is on more than one right-of-way, a sign shall be posted
facing each right-of-way. If the sign is destroyed or removed from
the property, the owner of the subject property shall be responsible
for replacing it. Ten days prior to the public hearing, the owner
of the subject property shall execute and submit to the Department
of Planning an affidavit of proof of the posting of the public notice
sign(s) according to this subsection. If the owner of the subject
property fails to submit the affidavit, the public hearing will be
postponed until after the affidavit has been supplied. Where a full
site plan has been submitted for consideration of authorization of
incentives and bonuses, the Planning Board shall schedule its public
hearing on the site plan jointly with the City Council's public hearing
on the authorization of incentives and bonuses.
N.
State Environmental Quality Review (SEQR). The generic environmental
impact statement for the Glen Cove Master Plan served as the generic
environmental impact statement (GEIS) required by § 81-d
of the General City Law in enacting the incentive zoning district.
That generic environmental impact statement identified no significant
impacts as a result of granting incentive density. The GEIS required
that an application for incentive redevelopment provide a site-specific
environmental review subject to the requirements of SEQRA. Therefore,
development under the provisions of the Residential Incentive Overlay
District shall be deemed a Type 1 action pursuant to SEQRA, and any
site-specific EIS must further address the consideration of § 81-d
of the General City Law. When an application for development subject
to the provisions of the Residential Incentive Overlay District requires
the preparation of a draft environmental impact statement (DEIS) pursuant
to SEQR, it is the intent of this chapter that any public hearing
by the City Council and/or Planning Board to consider an application
for waiver, incentive special use, incentives and bonuses hereunder
shall be a joint hearing with the lead agency on the DEIS.
O.
Action by City Council.
(1)
The City Council shall not authorize any incentive or bonus
pursuant to this section until the Planning Board files its report
of recommendation, except in the instance where the Planning Board
fails to convey its report to the City Council within the time frame
specified by this section, in which case such failure to report shall
be construed by the Council as a recommendation to approve.
(2)
In determining whether to authorize incentives and bonuses as
detailed herein, the City Council shall:
(a)
Consider the recommendations of the Planning Board.
(b)
Determine that the proposed redevelopment project satisfies
the purpose and intent of the Orchard Neighborhood Redevelopment Incentive
Overlay District.
(c)
Determine that the proposed redevelopment project is in harmony
with the recommendations of the City Master Plan.
(d)
Find that authorization of the incentives and bonuses will not
result in significant adverse environmental impacts, or that such
impacts have been mitigated to the maximum extent practicable.
P.
Site plan approval required.
(1)
Any development under the provisions of the Orchard Neighborhood
Redevelopment Incentive Overlay District shall require full site plan
review by the Planning Board.
(2)
The Planning Board shall only approve a site plan which is substantially
identical to the conceptual site plan submitted as part of the application
for authorization of incentives and bonuses in terms of:
Q.
Severability. Should any provision of this section be rendered invalid,
such decision shall not affect the validity of this chapter as a whole
or any part thereof, other than the part rendered invalid. Should
the provisions governing the acceptable benefits and amenities listed
herein be rendered invalid, the incentives and bonuses associated
with such benefits and amenities are declared prohibited absent such
benefits and amenities.
[Added 8-24-2010]
A.
Purpose. The Estate (E) District is intended to encourage the preservation
of the City's important historic estates and the grounds that contribute
to their character. This district will allow the residential development
of an estate site at the full residential density yield by clustering
density on portions of the site that are less contributory to the
character of the estate or within the existing structure itself. It
is further intended that additions to historic structures are permitted
so long as they are architecturally harmonious with the original structure;
do not detract from their historic or architectural importance; and
are designed in a manner that does not significantly detract from
views of the resource or its grounds from public viewpoints. Lastly,
as an incentive to preserve, stabilize and maintain these important
resources, it is the intent of this district that the existing structure
and ancillary additions thereto be permitted to be reused for limited
nonresidential and residential purposes except that the total residential
density of the site shall not exceed that of the underlying zoning.
B.
Applicability. This floating zone may be applied to areas of existing
R1 and R1-A zoning district that contain historically or architecturally
important structures on grounds totaling 10 acres or more.
C.
Residential density. The total residential density of the site shall
not exceed the residential density that may be achieved on the site
under existing zoning assuming the removal of the existing estate
and grounds. In order to establish this density, the applicant shall
submit a residential density plan demonstrating a residential subdivision
conforming to all requirements of the underlying zoning and subdivision
of land requirements and assuming conformance with all county, state
and federal regulations with regard to access, protection of water
bodies and wetlands, and other development limitations.
D.
Procedure.
(1)
The applicant shall submit a subdivision plan that divides the
area into three distinct areas:
(a)
Area A: noncontributory grounds area: comprising areas that
the Planning Board find are not important to the historic or architectural
significance of the estate due to location, appearance or disposition
to the historic or architectural importance of the estate, the area
of which shall not exceed 75% of the gross lot area nor comprise less
than 20% of the gross lot area;
(b)
Area B: contributory structures: the existing structure, proposed
additions thereto and proposed additional outbuildings, parking and
ancillary facilities surrounded by the minimum land necessary to meet
the yard standards of the underlying zoning or the minimum setback
standards for nonresidential use as established in the floating zone
district requirements;
(c)
Area C: contributory grounds: grounds not required to meet the
yard or setback requirements for contributory structures as detailed
above, which the Planning Board find are important to the historic
or architectural significance of the estate.
(2)
The subdivision plan identifying the three areas shall not preclude
subdivision of the area of noncontributory grounds into individual
lots.
(3)
As part of the site and subdivision approval, restrictive covenants
shall be established that identify the residential density permitted
for each lot created by subdivision, the total of which will not exceed
that which is established for the entire site. No residential density
shall be assigned to the lot comprising Area C: contributory grounds,
above. Residential density assigned to Area B: contributory structures,
shall be limited to location within the original structure or additions
to the original structure or proposed outbuildings as approved by
the Planning Board as part of the preservation plan.
(4)
Upon approval of the plan, there shall be no further subdivision
of the site, and covenant or deed restriction acceptable to the Planning
Board Attorney shall be filed with the County Clerk.
(5)
Preservation plan required.
(a)
The applicant shall submit a site plan meeting the site plan
requirements of the Zoning Ordinance showing the original site plan
and any proposed additions, additional outbuildings, parking and ancillary
facilities. The Planning Board shall only approve additions, additional
outbuildings, parking and ancillary facilities that are harmonious
with the original architecture of the buildings and are of such location,
size and appearance as to not detract from the appearance of the original
structure nor to detract from the character of the site as viewed
from publicly accessible streets and lands in existence at the time
of application.
(b)
The preservation plan shall identify the design elements of
the original structure and grounds which contribute to the structure's
historic or architectural significance. The preservation plan will
identify what items of the original structure and grounds require
rehabilitation. The Planning Board shall require any additions or
proposed outbuildings to the original structure to incorporate identified
important design features. Any structures proposed for noncontributory
lands shall be designed to equal the original estate in quality of
architectural design and to incorporate design themes from the original
structure.
(c)
The preservation plan shall be accompanied with a financial
program that provides for the rehabilitation and continuing maintenance
of the original structure and its contributory grounds.
(6)
The City of Glen Cove shall be given easements over all contributory
structures and grounds allowing it to perform periodic inspections
from time to time and to require ongoing maintenance of the original
structure and grounds. Covenants running with the land and filed with
the deed for Area B shall be established providing the City the right
of first refusal in the event that ownership of Area B is conveyed
following approval of the plan. Covenants shall be established over
the lands of Area C that require that Area C be gratuitously and irrevocably
offered for dedication to the City of Glen Cove in the event that
more than 35% of the uses established in the preservation plan for
Area B cease for a period exceeding one year, except that the City
may extend such time period by ordinance of the City Council.
H.
Bulk requirements for Area A: noncontributory grounds:
(1)
Maximum residential building footprint: 16,000 square feet.
(2)
Minimum residential building footprint: 2,500 square feet.
(3)
Minimum distance between buildings: 25 feet.
(4)
Minimum distance from building to on-site street line: 20 feet.
(5)
Minimum distance from building to alley: 10 feet.
(6)
Minimum distance from building to off-site street line: 75 feet
except a gatehouse/guardhouse may be located within 25 feet.
(7)
Minimum distance from building to off-site lot line (not street
line): 50 feet.
(8)
Maximum building height: 2-1/2 stories and 35 feet.
(9)
Maximum coverage: 25%.
(10)
Minimum landscaped buffer between off-site lot or street line
and building: 25 feet.
I.
Bulk requirements for Area B: contributory structures:
(1)
Minimum distance between buildings: 25 feet except breezeways
may connect.
(2)
Minimum distance from building to proposed street line: 20 feet.
(3)
Minimum distance from building to alley: 10 feet.
(4)
Minimum distance from building to existing street line: 100
feet except a gatehouse/guardhouse may be located with 25 feet.
(5)
Minimum distance from building to existing lot line (not street
line): 75 feet.
(6)
Maximum building height: four stories and 50 feet except that
no more than 3 1/2 stories and 40 feet shall be visible from
any public street.
