[Effective 8-21-1971]
A.
The federal government has allocated various portions of the former
Air Force Base at Mitchel Field to private institutions, Nassau Community
College and Nassau County. Implicit in such allocation was the concept
of utilization of Mitchel Field to a substantial extent for educational
and cultural purposes. The Town of Hempstead, in accommodation of
such utilization, has heretofore promulgated the E Edu-Cultural District
(E). The County of Nassau has under way a program for the development
of its holdings at Mitchel Field, including public development and
private development.
B.
The construction of a coliseum is nearing completion as of this date.
It is hereby determined that the construction of a hotel on an appropriate
parcel of land adjoining the coliseum site is necessary to the successful
operation of the coliseum.
C.
Definitive planning of all of the county-owned property will necessarily
extend over a period of time and involve complex factors not now susceptible
to determination and decision.
D.
The special physical circumstances of Mitchel Field must be related
to county ownership and town responsibility for zoning, community
facilities and tax structure. These factors, taken together, spell
out a need and opportunity for planned development in a series of
operations in an orderly sequence and incrementally adaptive with
due consideration for market feedback and public impact and sensibility.
Such planned development includes, among other things, coordinating
plans and designs of different developers. It is essential that streets,
easements, utilities, building sites, site plans, building floor plans
and evaluation of all construction types as intended to be sited,
located, erected, constructed and used be related to each other. This
includes also programs for provision, operation and maintenance of
such areas of improvements, facilities and services as will be for
common use by some or all of the occupants and users of Mitchel Field,
but not to be provided, operated, or maintained at general public
expense. With respect to facilities and services which, of necessity,
must be provided at public cost, sound sequential development can
minimize public investment.
E.
Each phase of development, as it progresses, should support and enlarge
the use and enjoyment of prior development. The synergistic influence
of creative design and quality construction at each step will promote
the ultimate ideal of environmental quality.
F.
Among the ultimate uses, there will of necessity be single uses or
multiples of special purpose uses which best lend themselves to development
within zoning districts less general than the existing zoning districts.
This article is designed to provide a framework for such districts.
Its adoption is one step in the county-town cooperation in the development
of Mitchel Field; in particular, it will provide a zoning mechanism
responsive to the comprehensive process of planning for such development.
G.
Thereby, the public health, safety, morals, general welfare and amenity
of the Town of Hempstead will be protected and promoted.
This article shall be known and cited as the "Mitchel Field
Planned Development Districts Article."
[Effective 7-15-1984; 4-29-1989; 9-12-1995]
In addition to the definitions of this Building Zone Ordinance,
the following special definitions are applicable to this article.
In the event of conflict, the following definitions shall be controlling:
A dwelling unit that is restricted as to sale or rent to
remain affordable to a household whose aggregate gross annual income,
including the total of all current annual income of members residing
in the household from any source whatsoever at the time of application
(excluding the earnings of working household members of 21 years of
age or younger who are full-time students), does not exceed 80% of
the Nassau County median annual income for its household size [based
on the United States census and as updated by the Department of Housing
and Urban Development (HUD)], by generally not exceeding 30% of the
aggregate gross income of the household. Said housing unit must be
the primary residence of the household and shall not be sublet without
the consent of the Town Board or its designee. In addition, the net
assets of the household at the time prior to purchase or lease may
not exceed 50% of the purchase price of the unit, except where such
households rely, due to age or disability, on the assets in lieu of
income.
[Added by L.L. No. 54-2011, effective 6-28-2011]
A covered, but not enclosed, pedestrian passageway located
on the ground level of a building and attached to the building.
[Added by L.L. No. 54-2011, effective 6-28-2011]
A building used for the presentation of sports events, performances
and spectacles.
[Added by L.L. No. 54-2011, effective 6-28-2011]
Streets that are designed and operated to enable safe access
for all users. Pedestrians, bicyclists, motorists and transit riders
of all ages and abilities can safely move along and across a complete
street. Elements found on a complete street include sidewalks, bike
lanes (or wide, paved shoulders), special public transit lanes, comfortable
and accessible transit stops, frequent street crossing opportunities,
median islands, curbside planting strips, accessible pedestrian signals,
and curb extensions.
[Added by L.L. No. 54-2011, effective 6-28-2011]
A design for the MFM Mitchel Field Mixed-Use District that
includes and defines, but is not limited to, building and land use
size and placement, roads and streets, parking, and open space.
[Added by L.L. No. 54-2011, effective 6-28-2011]
A residence occupied by one family.
[Added by L.L. No. 54-2011, effective 6-28-2011]
A dwelling unit that is restricted as to sale or rent to
remain affordable to a household whose aggregate gross annual income,
including the total of all current annual income of members residing
in the household from any source whatsoever at the time of application
(excluding the earnings of working household members of 21 years of
age or younger who are full-time students), does not exceed 120% of
the Nassau County median annual income for its household size [based
on the United States Census and as updated by the Department of Housing
and Urban Development (HUD)], by generally not exceeding 30% of the
aggregate gross income of the household. Said housing unit must be
the primary residence of the household and shall not be sublet without
the consent of the Town Board or its designee. In addition, the net
assets of the household at the time prior to purchase or lease may
not exceed 50% of the purchase price of the unit, except where such
households rely, due to age or disability, on the assets in lieu of
income.
[Added by L.L. No. 54-2011, effective 6-28-2011]
A facility that provides skilled or acute nursing care to
sick, invalid, infirm, disabled or convalescent persons in addition
to lodging, board, physical care or other health-related services,
or any combination of the foregoing, and in addition thereto may provide
nursing care and health-related services or either of them to persons
who are not occupants of the facility. Nothing herein shall be construed
as authorizing construction of any building or structure, or conduct
of any use, for which approval by any agency of the State of New York
is required by law, unless and until a valid letter of intent or necessity
therefrom shall be issued and a copy received by the Department of
Buildings.
[Added by L.L. No. 54-2011, effective 6-28-2011]
A walkway or area for the use of pedestrians erected below,
at, or above grade, but not exceeding 35 feet in height over grade.
Pedestrian plazas shall be deemed open space and shall not be deemed
buildings or structures. Space beneath a pedestrian plaza may be used
for any use otherwise permitted in this article.
[Amended by L.L. No. 54-2011, effective 6-28-2011]
Operations whose primary purpose is to conduct research and
development into new processes and products, where the operations
are under the close supervision of technically trained personnel,
and which are not engaged in the manufacture of products for commercial
sale.
[Added by L.L. No. 54-2011, effective 6-28-2011]
A facility that provides lodging, board, physical care or
assisted-living services to elderly persons 65 years or older, including,
but not limited to, the recording of health information, dietary services,
and supervision and/or assistance with various daily activities such
as cooking, cleaning, housekeeping, laundry, transportation, recreation
and other activities designed to help maintain an independent lifestyle.
Nothing herein shall be construed as authorizing construction of any
building or structure, or conduct of any use, for which approval by
any agency of the State of New York is required by law, unless and
until a valid letter of intent or necessity therefrom shall be issued
and a copy received by the Department of Buildings.
[Added by L.L. No. 54-2011, effective 6-28-2011]
A study conducted to determine the total number of parking
spaces required by all nonresidential uses in a mixed-use development
to adequately serve estimated parking demands, taking into consideration
that it may be possible to allocate a single parking space to more
than one use because of different parking demands among the various
uses during certain times of the day.
[Added by L.L. No. 54-2011, effective 6-28-2011]
A building or part of a building in which:
Living or sleeping accommodations are used primarily for transient
occupancy, and rented on a daily basis.
One or more common entrances serve all such living or sleeping
units.
Twenty-four-hour desk service is provided, in addition to one
or more of the following services: maid, telephone or bellboy service,
or the furnishing or laundering of linens.
No permit shall be issued for any building requiring a permit
under this Building Zone Ordinance in any district created under this
article unless compliance shall be had with § 305 of this
Building Zone Ordinance and unless the applicant shall, in addition
thereto, file with his application for site approval preliminary plans
indicating generally the layout of any proposed building.
No permit shall be issued for any building requiring a building
permit unless the site is shown on a subdivision map approved by the
Nassau County Planning Commission and filed in the Nassau County Clerk's
office.
A.
In interpreting and applying the provisions of this article, the
rules of interpretation applicable to remedial legislation shall be
used so that the spirit and intent of this article shall be observed.
B.
In the event of a conflict between the provisions of this article
and other provisions of this Building Zone Ordinance, the provisions
of this article shall control.
If any clause, sentence, section, paragraph or provisions of
this article shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, section, paragraph or provision directly
involved in the controversy in which such judgment shall have been
recorded.
The provisions of § 312A through F of the Building
Zone Ordinance are hereby rendered inapplicable under this article.
B.
Uses. A building or structure may be erected, altered or used and
a lot or premises may be used for any of the following purposes, and
for no other.
(1)
Transient hotel.
(2)
Accessory uses and structures on the same lot or premises with, and
of a nature customarily incidental and subordinate to the principal
use or structure, including restaurants, cocktail lounges, public
banquet halls, ballrooms, meeting rooms, swimming pools, tennis courts,
boutiques, gift shops, drugstores and other business uses customarily
incidental to the operation of a hotel and conference center.
C.
Height. No building or structure shall exceed 100 feet in height.
"Height" shall be defined as the vertical distance measured from the
mean level of the established grade of the land as it exists on the
date of the enactment of this ordinance to the highest point of the
building or structure.
D.
Building area. The building area shall not exceed 30% of the lot
area; provided, however, that the area of pedestrian plazas if approved
as to location and area by the Town Board of the Town of Hempstead
in the process of approval of the site pursuant to § 305
of the Building Zone Ordinance shall be excluded in computing building
area.
E.
Lot area. The lot area shall not be less than the total area of the
premises described in any resolution adopted by the Town Board of
the Town of Hempstead designating lots or premises to be included
within the Mitchel Field Hotel District (MFH).
F.
Floor area ratio. The maximum floor area ratio shall be 1.5.
G.
Setbacks. Open spaces between any building or structure or any lot
line shall be maintained as required by the Town Board of the Town
of Hempstead as a condition of its approval of the site pursuant to
§ 305 of the Building Zone Ordinance.
H.
Accessory parking. Accessory off-street automobile parking spaces
shall be provided on the same lot or premises or off the premises
within 300 feet of such premises. The number of accessory parking
spaces required shall be determined by the type of each included use
and shall be the total of unit calculations for each of the included
uses, calculated in compliance with § 319 of this ordinance,
plus the added requirement of one parking space for each three employees.
Each parking space shall comply with all requirements of § 319D
of this ordinance.
[Effective 11-12-1990; 9-12-1995]
I.
Loading space. Accessory off-street loading space shall be provided
on the basis of three truck docks for the first 50,000 square feet
of floor area plus one dock for each additional 75,000 square feet.
A.
There is hereby established a Mitchel Field Office District (MFO).
In the Mitchel Field Office District, buildings and structures may
be erected, altered or used and lots or premises may be used in accordance
with the provisions of this section, and not otherwise.
[Effective 7-30-1982]
B.
Legislative purpose. The Mitchel Field Office District is conceived
and enacted to promote and protect the public health, safety, general
welfare and amenity of the Town of Hempstead. The general goals include,
among others, the followings specific purposes:
[Effective 8-2-1981]
(1)
To preserve and protect the special character of the greater Mitchel
Field area.
(2)
To promote the most desirable and suitable use of land in this area
in accordance with a well-considered plan.
(3)
To provide an incentive for development of the area in a manner consistent
with sound planning principles.
(4)
To promote, develop and achieve the highest quality of office development.
(5)
To provide major additional space for expansion of offices uses and
their ancillary facilities in accordance with plans which provide
the public facilities required to accommodate such expansion.
(6)
To provide freedom of architectural design, develop multiuse structures
and produce a more attractive and economic development.
(7)
To create an environment which will be lively and attractive and
provide daily amenities and services for the use and enjoyment of
the working population.
(8)
To achieve harmonious visual and functional relationships with adjacent
areas.
(9)
To encourage a desirable design relationship between each building
in the district and between the buildings and the district's circulation
system.
(10)
To retain and improve the special employment opportunities generated
in the area.
C.
Uses. A building or structure may be erected, altered or used and
a lot or premises may be used for any of the following purposes, and
for no other:
[Effective 8-2-1981)
(1)
Principal uses. Office buildings, open and structured parking on
the same lot as the office building or on a separate lot within 300
feet of the perimeter of the lot upon which the office building is
located, provided that such open or structured parking which may be
located on a separate lot is required to meet the parking requirements
of the office building.
(2)
Accessory uses and structures. Accessory uses and structures permitted
on the same lot or premises with the principal use or structure shall
be limited to uses customary and incidental to the principal use,
recreational facilities, cafeterias, retail and service shops and
facilities. Retail and service shops and facilities shall constitute
no more than 5% of the gross square footage of the development and
shall have no direct access from adjacent streets.
(3)
Signs. The only permitted signs shall be those which are authorized under the provisions of Article XXIV of the Building Zone Ordinance of the Town of Hempstead.
(4)
Senior citizen congregate care facility. A "senior citizen congregate
care facility" shall be defined as a facility which provides lodging,
board, physical care or assisted-living services to elderly persons
65 years or older, including, but not limited to, the recording of
health information, dietary services, and supervision and/or assistance
with various daily activities such as cooking, cleaning, housekeeping,
laundry, transportation, recreation and other activities designed
to help maintain an independent lifestyle. Nothing herein shall be
construed as authorizing construction of any building or structure,
or conduct of any use, for which approval by any agency of the State
of New York is required by law, unless and until a valid letter of
intent or necessity therefrom shall be issued and a copy received
by the Department of Buildings.
[Effective 5-20-1997]
(5)
Nursing home. A "nursing home" shall be defined as a facility which
provides skilled or acute nursing care to sick, invalid, infirm, disabled
or convalescent persons in addition to lodging, board, physical care
or other health-related services, or any combination of the foregoing,
and in addition thereto may provide nursing care and health-related
services or either of them to persons who are not occupants of the
facility. Nothing herein shall be construed as authorizing construction
of any building or structure, or conduct of any use, for which approval
by any agency of the State of New York is required by law, unless
and until a valid letter of intent or necessity therefrom shall be
issued and a copy received by the Department of Buildings.
[Effective 5-20-1997]
D.
Definitions, conflicts and interpretation.
[Effective 8-2-1981]
(1)
In the event of a conflict between the provisions of this section
and other provisions of the Building Zone Ordinance, the provisions
of this section shall control.
E.
Height. No building or structure shall exceed 175 feet in height,
which shall be expressed as the vertical distance measured from the
highest level of the established center-line grade of the street adjacent
to the building to the highest point of the exterior surface of the
roof, with the exception specifically of chimneys, parapet walls not
exceeding three feet in height, flagpoles, aerials, flues, elevator
or stair bulkheads or any mechanical equipment, provided that they
are less than 12 feet in height and do not occupy more than 30% of
the area of the roof upon which they are located.
[Effective 8-2-1981]
F.
Building area. The building area shall not exceed 35% of the lot
area, except that an accessory parking structure may cover an additional
25% of the lot.
[Effective 8-2-1981; 4-29-1989]
G.
Lot area. No building shall be erected on a lot having less than
seven acres in area.
[Effective 8-2-1981]
H.
Floor area ratio (FAR). The maximum floor area ratio permitted is
0.4.
[Effective 8-2-1981; 1-5-1987; 4-29-1989]
I.
Distance between buildings. There shall be a minimum distance of
100 feet between the exterior facades of all buildings, except for
parking lots and parking structures.
[Effective 8-2-1981]
J.
Off-street/accessory parking. One parking space shall be provided
for each 250 square feet of floor area. Each parking space shall comply
with all requirements of § 319D of this ordinance. All parking
areas shall have sufficient self-contained drainage, adequate means
of ingress and egress, suitable paving and adequate levels of lighting.
The required parking spaces may be provided for in a parking facility
located on the same lot or premises as the principal structure or
on a lot within 300 feet of the perimeter of the lot upon which the
principal structure is located.
[Effective 8-2-1981; 7-15-1984; 4-29-1989; 9-12-1995]
K.
Off-street loading zone/space/berth. Off-street loading shall be
provided in the amount of one truck space (minimum truck space to
be 12 feet in width and 30 feet in length for the first 40,000 square
feet of space in a building or attached group of buildings, plus one
additional space for the next 80,000 square feet or major part thereof,
plus one space for each additional 200,000 square feet or major part
thereof.
[Effective 8-2-1981; 4-29-1989]
L.
Required yards. Yards shall be provided along all street frontages
and lot lines, the depth of which shall be not less than 25 feet for
the first 35 feet of building height, facing thereon, with an increased
setback of one foot for each three feet in height above 35 feet.
[Effective 8-2-1981]
M.
Green area abutting property line. No parking lot shall be located
closer than 30 feet to any street line or lot line. The area abutting
any street or lot line shall be suitably landscaped.
[Effective 8-2-1981]
N.
Application procedure.
(1)
Any application made pursuant to the provisions of this section shall
originate by an application to the Town Board.
(2)
In the event that the Town Board approves said application, it may
attach certain conditions to said approval, which conditions shall
become an integral part thereof. The Town Board, may, by resolution,
dispense in part with conformity with the provisions applicable to
the Mitchel Field Office District (MFO), and may impose safeguards
and conditions as it may deem appropriate, necessary or desirable
to promote the spirit and objectives of this section, including but
not limited to restrictive covenants pertaining to the are defined
in the petition for rezoning, including the site plan submitted on
behalf of the application, together with other agreements, if any,
in recordable form and running with the land.
[Effective 7-30-1982]
A.
There hereby is established a Mitchel Field Office District I. In
the Mitchel Field Office District I, buildings and structures may
be erected, altered or used and lots or premises may be used in accordance
with the provisions of this section, and not otherwise.
B.
Uses. A building or structure may be erected, altered or used and
a lot or premises may be used for any of the following purposes, and
for no other:
(1)
Office building, bank, financial offices for banks, brokerage house
or other related services, medical/dental office, public utility office
and post office.
[Effective 1-5-1987]
(2)
Research and development activities for scientific, technical or
industrial research, testing or development, including assembly of
prototype devices.
(3)
Warehouse, express depot or yard, merchandise receiving or distributing
depot or yard.
(4)
Accessory uses, including off-street parking and loading areas, and
bus station or waiting room.
(5)
Such signs which are authorized under the provisions of Article XXIV of the Building Zone Ordinance of the Town of Hempstead.
(6)
Senior citizen congregate care facility. A "senior citizen congregate
care facility" shall be defined as a facility which provides lodging,
board, physical care or assisted-living services to elderly persons
65 years or older, including, but not limited to, the recording of
health information, dietary supervision, supervised hygienic services
and supervision and/or assistance with various daily activities such
as cooking, cleaning, housekeeping, laundry, transportation, recreation
and other activities designed to help maintain an independent lifestyle.
Nothing herein shall be construed as authorizing construction of any
building or structure, or conduct of any use, for which approval by
any agency of the State of New York is required by law, unless and
until a valid letter of intent or necessity therefrom shall be issued
and a copy received by the Department of Buildings.
[Effective 5-20-1997]
(7)
Nursing home. A "nursing home" shall be defined as a facility which
provides skilled or acute nursing care to sick, invalid, infirm, disabled
or convalescent persons in addition to lodging, board, physical care
or other health-related services, or any combination of the foregoing,
and in addition thereto may provide nursing care and health-related
services or either of them to persons who are not occupants of the
facility. Nothing herein shall be construed as authorizing construction
of any building or structure, or conduct of any use, for which approval
by any agency of the State of New York is required by law, unless
and until a valid letter of intent or necessity therefrom shall be
issued and a copy received by the Department of Buildings.
[Effective 5-20-1997]
C.
Height. No building or structure shall exceed 75 feet or six stories
in height. "Height" shall be defined as the vertical distance measured
from the mean level of the established grade of the land as it exists
on the date of the enactment of this ordinance to the highest point
of the building or structure. Elevator shafts, heating, ventilating
and air-conditioning units are permitted but shall not cover more
than 20% of the roof area or be greater than 15 feet above the roofline.
D.
Building area. The building area shall not exceed 35% of the lot,
except that an accessory parking structure may cover an additional
25% of the lot.
E.
Lot area. The lot area delineated by lot lines shall not be less
than the total area of the premises described in a lease agreement
adopted by the Nassau County Board of Supervisors, but in no case
less than three acres.
F.
Floor area ratio. The maximum floor area ratio shall be 0.4.
[Effective 4-29-1989]
G.
Setbacks. No building or structure shall be located closer to a lot
line than 50 feet.
H.
Accessory parking. Notwithstanding the provisions of § 319
of the Building Zone Ordinance of the Town of Hempstead, off-street
parking shall be provided as follows:
(1)
Parking shall be provided on the premises or within 300 feet thereof.
(2)
Parking shall not be located within 50 feet of an existing or proposed
roadway, street, highway or parkway, nor within 25 feet of a lot line,
including that portion of a parking space used for backup.
(3)
Parking areas shall be substantially screened from view by walls
and/or planting.
(4)
One parking space shall be provided for each 250 square feet of floor
area, except for warehouse portions of buildings where parking shall
be provided at ratio of one space for every 1,000 square feet of floor
area. Each parking space shall comply with all requirements of § 319D
of this ordinance. All parking areas shall have sufficient self-contained
drainage, adequate means of ingress and egress, suitable paving and
adequate levels of lighting. The required parking spaces may be provided
for in a parking facility located on the same lot or premises as the
principal structure or on a lot within 300 feet of the perimeter of
the lot upon which the principal structure is located.
[Effective 7-15-1984; 4-29-1989; 9-12-1995]
I.
Off-street loading. Off-street loading spaces with a minimum size
of 12 feet by 35 feet and a vertical clearance of 14 feet shall be
provided, based on the floor area of the building, as follows:
[Effective 4-29-1989]
|
Use Category
|
Floor Area
(thousands of
square feet)
|
Loading
Spaces
Required
|
|---|---|---|
|
Offices, office buildings, places of public assembly or similar
institutions and uses
|
Less than 40
40 to 100
100 to 200
Each 100 over 200
|
1
2
3
1
additional
|
|
Warehouses
|
40 to 60
Each 50 over 60
|
4
1
additional
|
J.
Landscaping and utilities. All areas not used for structures, parking
and loading areas or accessways shall be planted and maintained in
grass, shrubs and trees in conformance with a landscape plan approved
by the Town of Hempstead. All wiring, feed lines, energy sources (except
solar) and all equipment accessory to all utilities shall be placed
underground.
K.
Application procedure.
(1)
Any application made pursuant to the provisions of this section shall
originate by an application to the Town Board.
(2)
In the event that the Town Board approves said application, it may
attach certain conditions to said approval, which conditions shall
become an integral part thereof. The Town Board may, by resolution,
dispense in part with conformity with the provisions applicable to
the Mitchel Field Office District I (MFO-I), and may impose safeguards
and conditions as it may deem appropriate, necessary or desirable
to promote the spirit and objectives of this section, including but
not limited to restrictive covenants pertaining to the area defined
in the petition for rezoning, including the site plan submitted on
behalf of the application, together with other agreements, if any,
in recordable form and running with the land.
[Effective 7-30-1982]
A.
There hereby is established a Mitchel Field Office District II (MFO-II).
In the Mitchel Field Office District II, buildings and structures
may be erected, altered or used and lots or premises may be used in
accordance with the provisions of this section, and not otherwise.
B.
Uses. A building or structure may be erected, altered or used and
a lot or premises may be used for any of the following purposes, and
for no other:
(1)
Office building, bank, financial offices for banks, brokerage house
or related services, medical-dental, public utility office and post
office.
(2)
Research and development activities for scientific, technical or
industrial research, testing or development, including assembly of
prototype devices.
(3)
Accessory retail uses in the form of personal services, including
but not limited to barber, beautician, photographic studios, drugstores
and stationery; public and private recreational facilities, including
but not limited to skating, handball, racquetball, squash, tennis,
gymnasiums and support facilities; and restaurants, lunchrooms and
cocktail lounges. Such uses shall be limited to the lobby or lower
level; however, a restaurant may be located on the uppermost floor.
Such uses in the aggregate shall not exceed 10% of the gross floor
area of the building.
(4)
Accessory uses, including off-street parking and loading areas, and
bus station or waiting room.
(5)
Such signs which are authorized under the provisions of Article XXIV of the Building Zone Ordinance of the Town of Hempstead.
(6)
Senior citizen congregate care facility. A "senior citizen congregate
care facility" shall be defined as a facility which provides lodging,
board, physical care or assisted-living services to elderly persons
65 years or older, including, but not limited to, the recording of
health information, dietary supervision, supervised hygienic services
and supervision and/or assistance with various daily activities such
as cooking, cleaning, housekeeping, laundry, transportation, recreation
and other activities designed to help maintain an independent lifestyle.
Nothing herein shall be construed as authorizing construction of any
building or structure, or conduct of any use, for which approval by
any agency of the State of New York is required by law, unless and
until a valid letter of intent or necessity therefrom shall be issued
and a copy received by the Department of Buildings.
[Effective 5-20-1997]
(7)
Nursing home. A "nursing home" shall be defined as a facility which
provides skilled or acute nursing care to sick, invalid, infirm, disabled
or convalescent persons in addition to lodging, board, physical care
or other health-related services, or any combination of the foregoing,
and in addition thereto may provide nursing care and health-related
services or either of them to persons who are not occupants of the
facility. Nothing herein shall be construed as authorizing construction
of any building or structure, or conduct of any use, for which approval
by any agency of the State of New York is required by law, unless
and until a valid letter of intent or necessity therefrom shall be
issued and a copy received by the Department of Buildings.
[Effective 5-20-1997]
C.
Height. No building or structure shall exceed 125 feet or 10 stories
in height. "Height" shall be defined as the vertical distance measured
from the mean level of the established grade of the land as it exists
on the date of the enactment of this ordinance to the highest point
of the building or structure.
D.
Building area. The building area shall not exceed 35% of the lot,
except that parking structures may cover an additional 25% of the
lot.
E.
Lot area. The lot area delineated by lot lines shall not be less
than the total area of the premises described in a lease agreement
adopted by the Nassau County Board of Supervisors, but in no case
less than six acres.
F.
Floor area ratio. The maximum floor area ratio shall be 0.4.
[Effective 4-29-1989]
G.
Setbacks. No building or structure shall be located closer to a front
lot line than 100 feet or less than 50 feet from any other lot line.
H.
Accessory parking. Notwithstanding the provisions of § 319
hereof, of the Building Zone Ordinance of the Town of Hempstead, off-street
parking shall be provided as follows:
(1)
Parking shall be provided on the premises or within 300 feet thereof.
(2)
Parking shall not be located within 50 feet of an existing or proposed
roadway, street, highway or parkway, nor within 25 feet of a lot line,
including that portion of a parking space used for backup.
(3)
Parking spaces shall be substantially screened from public view by
a wall and/or planting.
(4)
One parking space shall be provided for each 250 square feet of floor
area. Each parking space shall comply with all requirements of § 319D
of this ordinance. All parking areas shall have sufficient self-contained
drainage, adequate means of ingress and egress, suitable paving and
adequate levels of lighting. The required parking spaces may be provided
for in a parking facility located on the same lot or premises as the
principal structure or on a lot within 300 feet of the perimeter of
the lot upon which the principal structure is located.
[Effective 7-15-1984; 4-29-1989; 9-12-1995]
I.
Off-street loading. Off-street loading spaces with a minimum size
of 12 feet by 35 feet and a vertical clearance of 14 feet shall be
provided, based on the floor area of the building as follows:
[Effective 4-29-1989]
|
Use Category
|
Floor Area
(thousands of
square feet)
|
Loading
Spaces
Required
|
|---|---|---|
|
Offices, office buildings, places of public assembly or similar
institutions and uses
|
Less than 40
40 to 100
100 to 200
Each 100 over 200
|
1
2
3
1
additional
|
J.
Landscaping and utilities. All areas not used for structures, parking
and loading areas or accessways shall be planted and maintained in
grass, shrubs and trees in conformance with a landscape plan approved
by the Town of Hempstead. All wiring, feed lines, energy sources (except
solar) and all equipment accessory to all utilities shall be placed
underground.
K.
Application procedure.
(1)
Any application made pursuant to the provisions of this section shall
originate by an application to the Town Board.
(2)
In the event that the Town Board approves said application, it may
attach certain conditions to said approval. which conditions shall
become an integral part thereof. The Town Board may, by resolution,
dispense in part with conformity with the provisions applicable to
the Mitchel Field Office District II (MFO-II), and may impose safeguards
and conditions as it may deem appropriate, necessary or desirable
to promote the spirit and objectives of this section, including but
not limited to restrictive covenants pertaining to the area defined
in the petition for rezoning, including the site plan submitted on
behalf of the application, together with other agreements, if any,
in recordable form and running with the land.
[Added by L.L. No. 54-2011, effective 6-28-2011]
A.
There is hereby established a Mitchel Field Mixed-Use District (MFM).
In the Mitchel Field Mixed-Use District, buildings and structures
may be erected, altered or used and lots or premises may be used in
accordance with the provisions of this section, and not otherwise.
B.
Additional legislative purpose. In addition to the legislative purpose
described in § 135 of this article, the Mitchel Field Mixed-Use
District is conceived and enacted to promote and protect the public
health, safety, general welfare and amenities of the Town of Hempstead.
Its purposes include the following:
(1)
To preserve and protect the special character of the greater
Mitchel Field area and those of surrounding neighborhoods.
(2)
To promote the desirable and suitable use of land within the
greater Mitchel Field area and provide opportunities for development
or redevelopment of land surrounding the Nassau Veterans Memorial
Coliseum in a manner consistent with sound planning principles.
(3)
To promote, encourage and achieve the highest-quality sustainable
development that preserves, protects and enhances the environmental,
economic and human resources of the Town of Hempstead.
(4)
To promote innovative and quality site and architectural design
for mixed-use buildings and neighborhoods that will encourage economic
investment and development and will provide housing, amenities and
employment opportunities for current and future residents in accordance
with a well-considered conceptual master plan for the Mitchel Field
Mixed-Use District.
(5)
To create an attractive physical environment that provides daily
amenities and services for the use and enjoyment of working, resident
and visiting populations.
(6)
To achieve harmonious visual and functional use relationships
within the district and with adjacent neighborhoods.
(7)
To promote integration of pedestrian amenities and public transportation
into the public streets and roadways of new mixed-use neighborhoods
to facilitate walking, encourage the use of public transportation,
and accommodate alternate modes of transportation that provide access
to destinations within the district, and to and from surrounding communities
within the Town.
C.
Permitted uses. A building or structure may be erected, altered or
used for one or more of the following purposes, and for no other.
In addition to the Nassau Veterans Memorial Coliseum, a lot or premises
shall be used for at least two or more of the following purposes:
(1)
Arena, convention center, exhibition facility or theater(s),
and similar entertainment uses as may be approved by the Town Board.
(2)
Hotel or conference center.
(3)
Offices, bank or financial institution.
(4)
Medical or dental office or clinic.
(5)
Store for the sale, at retail, of articles to be used off the
premises, except that a freestanding retail building shall not exceed
100,000 square feet of floor area.
(6)
Restaurant, cafe or luncheonette, excluding a diner, lunch wagon,
drive-in restaurant, drive-in luncheonette, drive-in counter or drive-in
refreshment stand.
(7)
Personal service establishment, such as retail hand laundry,
custom tailoring, hand dressmaking or shoe repairing.
(8)
Research and development facilities.
(9)
Hospital.
(10)
Public school, parochial school, private school for the instruction
of elementary grades, academic grades, or both, chartered by the Board
of Regents of the State of New York; college or university; music,
dancing or other instructional school; dormitory for educational institutions.
(11)
Senior citizen congregate-care facility or nursing home.
(12)
Day-care facility.
(13)
Health club or spa.
(14)
Club, fraternal organization, lodge or philanthropic use.
(15)
Townhouse and multiple-family dwellings containing no more than
six dwelling units per building.
(16)
Post office, library or other municipal building.
(17)
Religious uses.
(18)
Noncommercial park, recreational and open space uses.
(19)
Public transportation facilities.
D.
Permitted accessory uses.
(1)
In relation to hotels, accessory uses and structures on the
same lot or premises with, and of a nature customarily incidental
and subordinate to, the principal use or structure, including restaurants,
cocktail lounges, public banquet halls, ballrooms, meeting rooms,
swimming pools, tennis courts, boutiques, gift shops, drugstores and
other business uses customarily incidental to the operation of a hotel
and conference center.
(2)
In relation to offices, accessory uses and structures permitted
on the same lot or premises with the principal use or structure shall
be limited to uses customary and incidental to the principal use,
recreational facilities, cafeterias, retail and service shops and
facilities.
(3)
Clubhouse and meeting rooms.
(4)
Outdoor in-ground or indoor swimming pools and tennis courts.
(5)
Open surface parking and parking structures.
E.
Signs. The only permitted signs shall be those that are authorized under the provisions of Article XXIV of the Building Zone Ordinance of the Town of Hempstead.
F.
Floor area ratio (FAR). The maximum floor area ratio permitted in
the Mitchel Field Mixed-Use District is 1.6. Notwithstanding the definition
of "floor area ratio" in § 1, Definitions, of this chapter,
in the MFM Mitchel Field Mixed-Use District, the area of the public
rights-of-way specified in § 146.1.O(3) herein shall be
deducted from the lot area whether said rights-of-way are actually
established or not.
[Effective 8-25-2014]
G.
Exceptions to floor area. Notwithstanding the definition of "floor
area" in § 1, Definitions, of this chapter, in the MFM Mitchel
Field Mixed-Use District, the following portions of a building or
structure shall be the only exemptions from the calculation of floor
area:
[Effective 8-25-2014]
(1)
A basement or cellar located entirely below grade. Such basement
or cellar may be used all or in part for required parking spaces.
(2)
The portion of a building or freestanding parking structure
used for required parking spaces that is located on the grade level
of the building or parking structure.
(3)
An arcade, covered plaza or atrium that is not used for any
purpose other than pedestrian traffic.
(4)
A pedestrian mall or plaza.
(5)
All freestanding or attached parking structures providing the
required parking spaces for the Nassau Veterans Memorial Coliseum.
H.
Height of nonresidential and mixed-use (i.e., residential and nonresidential)
buildings.
(1)
For all nonresidential and mixed uses (i.e., residential and
nonresidential), no building shall be greater in height than two stories
and shall not exceed a maximum height of 30 feet, except that on lots
that contain two or more acres and have a lot depth in excess of 100
feet, no building shall exceed four stories in height or a maximum
of 60 feet, provided that the Town Board finds during the conceptual
master plan approval process that the height of the building would
not adversely affect adjacent uses and the height is consistent with
the legislative purposes of the Mitchel Field Mixed-Use District.
(2)
A hotel may be a maximum of 100 feet in height, which shall
be expressed as the vertical distance measured from the highest level
of the established center-line grade of the street adjacent to the
building to the highest point of the exterior surface of the roof,
with the exception specifically of chimneys, parapet walls not exceeding
three feet in height, flagpoles, aerials, flues, elevator or stair
bulkheads or any mechanical equipment, provided that they are less
than 12 feet in height and do not occupy more than 30% of the area
of the roof upon which they are located. Such height shall be permitted,
provided that the Town Board finds during the conceptual master plan
approval process that the height of the building would not adversely
affect adjacent uses and the height is consistent with the legislative
purposes of the Mitchel Field Mixed-Use District.
(3)
A freestanding parking structure for nonresidential and mixed
uses (i.e., residential and nonresidential), or the portion of such
building where parking spaces are located, shall have a maximum height
not exceeding 40 feet.
I.
Front yards for nonresidential and mixed-use (i.e., residential and
nonresidential) buildings:
(1)
For all nonresidential and mixed uses (i.e., residential and
nonresidential): not less than 10 feet. In the case of a corner lot,
a front yard shall be required on each street.
(2)
Notwithstanding the foregoing, a bay window, roof, cornice,
gutter, mansard, awning or similar projection not exceeding 24 inches
into the required front yard setback shall be a permitted encroachment.
J.
Rear yards for nonresidential and mixed-use (i.e., residential and
nonresidential) buildings. For all nonresidential uses, rear yards
shall be at least 10 feet. The depth of the rear yard shall be increased
five feet for each 10 feet or portion thereof by which the building
exceeds 40 feet in height.
K.
Required yards for a building of a height that exceeds 60 feet. Yards
shall be provided along all street frontages and lot lines, the depth
of which shall be not less than 20 feet for the first 60 feet of building
height, facing thereon, with an increased setback of one foot for
each three feet of height above 60 feet.
L.
Off-street and on-street parking for nonresidential uses.
(1)
All nonresidential uses shall provide off-street parking in
conformance with § 319 of this chapter. All parking areas
or parking structures shall have sufficient self-contained drainage,
adequate means of ingress and egress, suitable paving and adequate
levels of lighting. The required parking spaces may be provided in
a parking facility located in the same building or in a freestanding
structure on the same lot or premises as the permitted use(s) on a
lot or within 300 feet of the perimeter of the lot upon which the
permitted use(s) is located.
(2)
When off-street parking for a permitted use(s) is provided in
the same building as the use(s), or a freestanding parking structure
on the same lot or within 300 feet of the premises of said use(s),
a maximum of one level of parking may be located in a basement one
level below the ground story of the building or parking structure.
(3)
The application for approval of a conceptual master plan for
the Mitchel Field Mixed-Use District shall require a shared parking
analysis to be prepared by a qualified professional. The Town Board
shall consider the shared parking analysis to determine the overall
parking requirement for the uses proposed in the conceptual master
plan.
(4)
Freestanding, nonresidential parking structures and structured
ground-floor parking provided in the same building(s) as a permitted
nonresidential use(s) with frontage on a new 120-foot right-of-way
within the district shall locate retail or service uses along the
ground floor street frontages of the building. The primary pedestrian
entrances and display windows for such uses shall be located on the
ground floor along the public street.
(5)
On-street parking along the street frontages of lots or premises
used for nonresidential purposes on all new rights-of-way within the
district shall be permitted. On-street parking along street frontages
shall count towards the off-street parking requirements of the permitted
uses located on such lots or premises.
(6)
For all nonresidential uses, no surface parking area shall be
located closer than 15 feet to any property line. The open area abutting
any property line shall be suitably landscaped to screen views of
the parking area from streets and adjacent properties.
M.
Off-street loading zone/space/berth for nonresidential uses. Off-street
loading shall be provided in the amount of one truck space for the
first 40,000 square feet of space in a building or attached group
of buildings, plus one additional space for the next 80,000 square
feet or major part thereof, plus one space for each additional 200,000
square feet or major part thereof. Each truck space shall be at least
12 feet in width and 30 feet in length.
N.
Requirements for residential uses.
(1)
Notwithstanding any other provisions of this article, no more
than 500 dwelling units may be located within the Mitchel Field Mixed-Use
District.
(2)
At least 20% of the total number of dwelling units in a Mitchel
Field Mixed-Use District project shall be affordable and/or next generation/workforce
housing units as defined in this article.
(3)
Building area shall not exceed 35% of the lot area.
(4)
No building used only for residential purposes shall be greater
in height than three stories and shall not exceed a maximum height
of 40 feet.
(5)
All accessory buildings, structures and uses shall conform to
§ 105 of this chapter.
(6)
Front yards shall be a minimum of 25 feet. In the case of a
corner lot, a front yard shall be required on each street.
(7)
Rear yards shall be a minimum of 25 feet.
(8)
Side yards. There shall be a minimum twenty-foot side yard on
each side of the building, except where there are two or more buildings
on a lot. In such a case, the minimum side yard requirement of 20
feet shall apply only along the side lot lines of the entire lot.
(9)
Permitted residential uses shall provide surface parking or
parking garage facilities adequate to accommodate four automobiles
for each three dwelling units. Such garage facilities shall not include
space for more than eight cars in each accessory building.
(10)
In addition to the parkland required by § 146.1O(2)
hereof, for buildings containing only dwelling units, no dwelling
shall be erected or maintained unless the lot on which it is erected
shall have an area of usable open space of at least 1,000 square feet
for each family accommodated or intended to be accommodated. For mixed-use
(i.e., residential and nonresidential) buildings, the required area
of usable open space shall be 500 square feet for each family accommodated
or intended to be accommodated.
(11)
Gated residential communities are prohibited.
O.
Supplementary regulations.
(1)
Fences and walls. No fence or wall more than six feet in height may be erected without a permit and except when authorized by the Board of Appeals pursuant to Article XXVII hereof.
(2)
Establishment of public open space. At least 3% of the total
land area of the Mitchel Field Mixed-Use District, exclusive of land
set aside for public rights-of-way, shall be set aside as public parkland.
Open space required by § 146.1N(10) hereof or created by
required building setbacks, stormwater retention and detention ponds,
parking areas and driveways shall not be counted toward required parkland.
(3)
Establishment of public rights-of-way.
(a)
A north/south right-of-way 120 feet wide shall be created to
connect Glenn Curtiss Boulevard to Charles Lindbergh Boulevard.
(b)
An east/west right-of-way 120 feet wide shall be created to
connect Earl Ovington Boulevard to James Doolittle Boulevard.
(c)
An east/west right-of-way 80 feet wide shall be created to connect
the Glenn Curtiss Boulevard/Charles Lindbergh Boulevard connecting
right-of-way to Earl Ovington Boulevard.
(d)
A north/south right-of-way 80 feet wide shall be created to
connect Hempstead Turnpike with the east/west right-of-way connecting
Earl Ovington Boulevard with the Glenn Curtiss Boulevard/Charles Lindbergh
Boulevard connecting right-of-way.
(4)
Complete streets. Public rights-of-way shall be developed according
to the following criteria and shall conform to the requirements of
the Town of Hempstead Highway Department:
(a)
Rights-of-way that are 120 feet wide shall include the following
elements.
[1]
Four vehicular travel lanes (two in each direction).
[2]
A planted median along the center line of the street,
dividing opposing travel lanes. All medians shall contain plantings
consisting of shrubs and herbaceous plants no higher than 30 inches
at maturity and shade trees located 40 feet apart. Trees shall be
pruned as they mature so that the lower surface of the lowest tree
limbs are located at least seven feet from the ground to maintain
visibility for motorists and pedestrians.
[3]
A bicycle lane located between the travel lane
and the on-street parking lane. The bicycle lane shall be clearly
demarcated on the street pavement and by signage to alert motorists
and pedestrians.
[4]
An on-street parking lane located between the bicycle
lane and the face of the curb.
[5]
A planted landscape strip located between the curb
and the pedestrian walkway on both sides of the street to serve as
a buffer between pedestrians and the street. The strip shall contain
a grass lawn, shrub plantings where appropriate, and shade trees located
40 feet apart. Trees shall be pruned as they mature so that the lower
surface of the lowest tree limbs are located at least seven feet from
the ground.
[6]
Pedestrian walkways at ground level on both sides
of the street located between the planted landscape strip and the
front property lines of lots adjacent to the right-of-way.
[7]
Where public transportation such as a bus route
is present, a transportation lane and sheltered transit stops.
[8]
Pedestrian crossings at all street intersections.
Where the distance between street intersections is greater than 1,300
feet, a mid-block crossing shall be provided.
(b)
Rights-of-way less than 120 feet wide shall include the following
elements.
[1]
At least two vehicular travel lanes (one in each
direction).
[2]
A planted landscape strip located between the pedestrian
pathway and the curb to serve as a buffer between pedestrians and
the vehicular travel lanes. The strip shall contain grass, shrubs
or other plantings, as appropriate, and shade trees located 40 feet
apart. Trees shall be pruned as they mature so that the lower surface
of the lowest tree limbs are located at least seven feet from the
ground to maintain visibility for motorists and pedestrians.
[3]
Pedestrian walkways at ground level on both sides
of the street located between the planted landscape strip and the
front property lines of lots adjacent to the right-of-way.
[4]
Pedestrian crossings at all street intersections.
Where the distance between street intersections is greater than 1,000
feet, a mid-block crossing shall be provided.
(5)
Green site and building requirements. All development proposals
shall include sustainable site and building practices regarding design,
construction methods, and post-construction operation and maintenance
of a proposed project to quantifiably decrease anticipated energy
demand, water use, generation of solid and liquid waste, stormwater
runoff, and the use of private cars, and to preserve and protect the
natural resources, air quality and water supply of the Town of Hempstead.
Such measures shall be part of the application for conceptual master
plan approval and all proposed site and building plans.
P.
Design guidelines. All development proposals shall include detailed
plans as part of the application for conceptual master plan approval
for architectural, streetscape and landscape design to ensure an efficient
development of uses that is architecturally and visually appealing.
The guidelines included in this article are intended to encourage
master plan elements that provide appropriate location, arrangement
and design of buildings, parking areas and parking structures, and
open space and site amenities to promote quality site, building and
landscape design, and to integrate the architecture, landscape architecture
and streetscape of the Mitchel Field Mixed-Use District.
(1)
Building design. In general, building design shall consider
building facade elements and significant design features, such as
color, exterior materials and treatments, roof structure, aesthetic
treatment of exposed mechanical equipment, lighting, and service and
storage areas. Building materials and methods of construction shall
be used in a creative manner to ensure aesthetically pleasing architectural
design. The following basic standards shall apply to all new or renovated
buildings and lots within the Mitchel Field Mixed-Use District and
as the foundation for the project-specific design guidelines required
as part of a conceptual master plan for development within the district.
(a)
Development of building plans and site plans that include open
space, commons, or small pedestrian plazas with amenities such as
benches or other seating, water features, night lighting, public art,
bicycle parking and landscape plantings.
(b)
Design of parking lots, parking structures, access driveways,
and pedestrian walkways to avoid or minimize the potential for pedestrian/vehicle
conflicts and provide a safe and amenable pedestrian environment.
(c)
Installation of a safe, continuous, pedestrian walkway system
within a lot or premises. The walkway system must connect building
entrances to one another, to parking areas, and to public streets,
sidewalks and open space.
(d)
Artful treatment of building facades and exterior walls to provide
appropriate street-level scale and architectural interest through
the aesthetic use of setbacks, surface textures, fenestration, pedestrian
entrances, lighting, and other building features such as porticos,
balconies, bay windows, canopies, dormers, and columns.
[1]
Facades should be articulated to reduce the scale
and uniform appearances of exterior building walls and provide visual
interest that is consistent with the surrounding community character
and scale.
[2]
Buildings should have architectural features and
patterns that provide visual interest at the scale of the pedestrian.
[3]
Ground-floor facades that face public streets or
publicly assessable open space should include a combination of setbacks,
arcades, display windows, entry areas, canopies, awnings or other
such features to promote a visually interesting pedestrian environment.
[a]
Buildings adjacent to or within 50 feet of a public
street should include at least one public entrance that is clearly
visible and directly accessible from the street.
[b]
At least 25% of the first-floor building facades
of residential uses should be composed of transparent windows and/or
entrances.
[c]
At least 50% of the first-floor building facades
of nonresidential uses should be composed of transparent windows and/or
entrances.
[d]
Blank building facades or exterior building walls
should not exceed 50 feet in length.
[4]
Building facades and treatments should be varied
throughout the district to provide an eclectic neighborhood aesthetic.
(e)
Artful treatment of building roofs to provide neighborhood level
scale and architectural interest.
[1]
Variations in rooflines should be used to add interest
to the buildings.
[2]
Roofs should have at least one of the following
features:
[a]
Parapets concealing flat roofs and rooftop equipment
such as heating, ventilating and air-conditioning (HVAC) units from
public view. Such parapets should feature three-dimensional cornice
treatments.
[b]
Overhanging eaves, extending past the supporting
walls.
[c]
Sloping roofs that do not exceed the average height
of the supporting walls.
(f)
Building materials and colors that are appropriate to the building
style and are aesthetically pleasing and compatible with those of
the surrounding communities.
[1]
Facade and exterior wall building materials should
be high-quality materials such as brick, wood siding, glass, natural
or synthetic stone, tinted, textured, decorative concrete masonry,
or other materials that are complementary or sympathetic to the community
aesthetic.
[2]
Facade colors should be varied and complementary
to the community aesthetic.
(g)
Building facades and setbacks appropriately enhanced by well-designed
landscape plantings or otherwise appropriately treated to address
the orientation of the buildings.
(h)
Use and location of small green spaces, courtyards, squares,
plazas, and similar spaces that also function as community gathering
places to provide transitions between lots or premises and ensure
compatibility with other uses.
(i)
Parking structures. In general, the design of freestanding parking
structures and first-floor and above portions of buildings used for
other purposes that are devoted to parking should include all the
building design standards required herein and the following additional
basic standards:
[1]
Locate where visibility of the structure from first-floor
and street-level areas of activity is reduced.
[2]
Include retail or service uses on the first floor
along street and open space frontages.
[3]
Pedestrian and vehicular access points should be
articulated to add visual interest.
[4]
Include architectural elements that enhance the
structure, break up its mass and complement the building(s) the structure
serves.
[5]
Facades should be designed to screen the visibility
of vehicle headlights from view points outside the structure.
[6]
Provide bicycle parking facilities commensurate
with anticipated demand near building entrances.
(2)
Landscape design. In general, landscape design shall consider
the elements and significant design features of open space and a site,
including the pedestrian and vehicular circulation systems, vehicle
and bicycle parking areas, paving, vegetation, water features, irrigation
systems, recreation and play equipment, transit-stop shelters, freestanding
and retaining walls, fences, exterior stairs and ramps, site furnishings,
public art, signage, and site lighting, such as color, texture, scale,
placement, materials and treatments, efficiency, aesthetic integration
of features, screening, buffers, and treatment of exposed mechanical
equipment and service and storage areas. Building materials and methods
of construction shall be used in a creative manner to ensure aesthetically
pleasing site and landscape architectural design. The following basic
standards shall apply to all new or renovated lots and premises within
the Mitchel Field Mixed-Use District and as the foundation for the
project-specific design guidelines required as part of a conceptual
master plan for development within the district.
(a)
Development of site plans that includes open space, commons,
or small pedestrian plazas with amenities.
(b)
Design of parking lots, access driveways, and pedestrian walkways
to avoid or minimize the potential for pedestrian/vehicle conflicts
and provide a safe and amenable pedestrian environment.
(c)
Installation of a safe, continuous, pedestrian walkway system
throughout the district. The walkway system should connect buildings
and premises to one another, to parking areas and structures, and
to public streets, sidewalks and open space.
[1]
Provide pedestrian connections between the district
and uses within the surrounding communities.
[2]
Facilitate access and mobility for persons of all
ages and physical abilities.
[3]
Connect uses to public transportation stops within
the district and those within adjacent surrounding communities.
(d)
Building materials and colors that complement the architectural
styles in the district and are aesthetically pleasing and compatible
with those of the surrounding communities.
[1]
Building materials should be high-quality materials
such as brick, wood, glass, metal, natural or synthetic stone, tinted,
textured, decorative concrete masonry, or other materials that are
complementary or sympathetic to the community aesthetic.
[2]
Colors should be varied and complementary to the
community aesthetic.
(e)
Street, open space and premises planting plans that are artfully
designed to provide visual and physical amenity for the district and
the surrounding communities.
[1]
Provide spatial and visual transitions between
the district and surrounding uses.
[2]
Define outdoor spaces and activity areas, highlight
the changing seasons, provide color and interest throughout the year,
provide shade, shelter and a street-level buffer between large buildings
and pedestrians, and contribute to the spatial and visual unity of
individual premises and the district.
[3]
Provide interesting, supportive environments for
passive and active recreational activities.
[4]
Provide trees and other plantings to shade and
screen views of surface parking areas.
[5]
Respond to the unique characteristics of a location,
regarding sun and shade, soil, climate, wind, slope, water availability,
views, and user activities.
[6]
Select high-quality, well-grown, deciduous and
evergreen trees shrubs, vines and ground covers that are complementary
or sympathetic to the aesthetic of buildings and uses, the district
and surrounding communities.
[7]
Select, locate and install plants to facilitate
the establishment, growth, health and continued maintenance of all
newly installed and existing vegetation.
[8]
Reduce stormwater runoff by increasing local infiltration.
[9]
Provide local microclimate mitigation.
(f)
Use and location of small green spaces, courtyards, squares,
plazas, and similar spaces that also function as community gathering
places to provide transitions between lots or premises and ensure
compatibility with other uses in the district and the surrounding
community.
(g)
Selection of street and open space furnishings, lighting and
signage that are part of a designed system of elements that create
a district-wide identity and individual identities for parks, open
spaces, plazas, courtyards and squares that are public or part of
individual premises or lots. Open space furnishings, include drinking
fountains, light standards, litter receptacles, benches, bollards,
kiosks, small pavilions, informational and directional graphics, public
telephones, movable planters, tree grates, tree guards, public art
and similar items.
Q.
Application procedure.
(1)
Any application made pursuant to the provisions of this section
shall originate by an application to the Town Board. Such application
shall include a conceptual master plan for the Mitchel Field Mixed-Use
District.
(2)
In the event that the Town Board approves said application,
it may attach certain conditions to said approval, which conditions
shall become an integral part thereof. The Town Board may, by resolution,
dispense in part with conformity with the provisions applicable to
the Mitchel Field Mixed-Use District and may impose safeguards and
conditions as it may deem appropriate, necessary or desirable to promote
the spirit and objectives of this section, including but not limited
to restrictive covenants pertaining to any area within the district
that is the subject of an application, including the site plan submitted
on behalf of the application, together with other agreements, if any,
in recordable form and running with the land.
