[Added 11-1-2010 by L.L. No. 14-2010; amended 4-21-2014 by L.L. No. 1-2014; 12-18-2017 by L.L. No. 19-2017]
Purposes of the Fishkill Creek Development (FCD) District are
to:
A. Encourage the development and/or redevelopment of undeveloped or
underutilized industrial properties along the Fishkill Creek in a
manner that provides a mix of residential and nonresidential uses.
Properties in this category are generally more remote from the Central
Main Street District, but offer larger sites for a flexible range
of compatible nonresidential uses.
[Amended 6-15-2020 by L.L. No. 7-2020]
B. Establish and preserve open space corridors along Fishkill Creek
and the Hudson River, and seek open space linkages to the large areas
of open space in the Hudson Highlands on the slopes of Mount Beacon.
C. Continue to develop greenways along the Hudson River and Fishkill
Creek for public recreation, and provide linkages to trails towards
the Hudson Highlands and the slopes of Mount Beacon. Improve boat
access to Fishkill Creek and the Hudson River. Determine the future
use of the railroad tracks along Fishkill Creek for vehicles capable
of utilizing the tracks or for a bicycle and pedestrian path, and
implement the decision.
A. This article establishes a comprehensive review for land uses in
the Fishkill Creek Development District. Development within the Fishkill
Creek Development District shall be governed by this article, except
to the extent that this article specifically incorporates by reference
other sections of this chapter. In the event that any other provision
of this chapter is inconsistent with the provisions of this article,
then the provisions of this article shall control.
B. Principal uses permitted. A Fishkill Creek development may be a single
use, or a mixed use which incorporates various permitted land use
elements as part of a comprehensive development plan. These elements
may include:
[Amended 6-15-2020 by L.L. No. 7-2020]
(1)
Apartment, attached or multifamily dwelling.
(2)
Artist live/work space, artist studio and workshop of artisan.
(3)
Bed-and-breakfast establishment or inn.
(4)
Spa, fitness centers/noncommercial swimming pool, exercise studio,
day-care center or similar use as determined by resolution of the
City Council. Such uses shall be permitted in buildings that face
a street.
(5)
Restaurant, bar, brew pub or other eating and drinking establishment.
Such restaurants and other eating and drinking establishments shall
be permitted in buildings that face a street. No such individual use
shall contain more than 5,000 square feet of gross floor area.
(6)
Professional and business office in buildings that face a street.
(7)
Gallery, exhibit space or museum.
(8)
Community facility that complements residential and commercial
use, such as a public or semipublic performance and cultural center,
live theater, concert hall, meeting room suitable for social, civic,
cultural or education activities, bandshell, kiosk or gazebo.
(9)
Assembly, manufacturing, workshop or other light industrial
use, as determined by the City Council, in fully enclosed buildings
and not including any form of outdoor storage.
(11)
Trade school or training program, college, private school, or
nursery school.
(12)
Other nonresidential use similar to the above uses as determined
by resolution of the City Council.
C. Permitted accessory uses. Permitted accessory uses may include:
(1)
Uses which are clearly incidental to, and customarily found
in connection with, the permitted principal uses. Exterior display
of goods on special event days/weeks may be permitted, subject to
the issuance of a permit by the City. Exterior storage is not allowed.
Outdoor seating for restaurants and pedestrian-oriented accessory
uses, such as flower, food or drink stands, are permitted.
(2)
Parking and bicycle facility, including parking structure.
[Amended 6-15-2020 by L.L. No. 7-2020]
(3)
Short-term rentals in any dwelling unit, or room(s) therein, located in a one-family home, two-family home, accessory apartment, or multifamily dwelling, as provided in §
223-26.5.
[Added 6-15-2020 by L.L. No. 6-2020]
(4)
Solar collector, roof garden, or greenhouse.
[Added 6-15-2020 by L.L. No. 7-2020]
D. Procedure for review of Fishkill Creek development proposals.
(1)
Each Fishkill Creek development project shall require:
(a)
Concept plan approval by the City Council; and
(b)
Site plan approval by the Planning Board.
(2)
The Planning Board may commence its review of a site plan for
one or more Fishkill Creek development projects as soon as an application
for such Fishkill Creek development concept plan has been submitted
to the City Council. However, no final approval of a site plan for
any FCD project shall precede the issuance of a concept plan approval
for such FCD project by the City Council.
E. Application fees. Applications to the City Council and Planning Board
as provided herein shall be accompanied by the appropriate fees which
may be set from time to time by the City Council for such applications.
If such fees are not sufficient to defray the costs of review, the
applicant shall also be required to pay such additional fees as may
be necessary for the reasonable expenses of technical assistance to
the City in reviewing the technical aspects of the application.
F. Procedure for Fishkill Creek development concept plan review.
(1)
Application. The concept plan application for a Fishkill Creek
development for one or more FCD projects shall be submitted to the
City Council. The application shall consist of narrative text, drawings
and/or illustrations describing the proposed Fishkill Creek development
project. All application materials, including plans, shall be submitted
in electronic file format acceptable to the Building Department, in
addition to at least five paper copies (or such other format or amount
as determined by the Building Department), at least two weeks prior
to the City Council meeting at which it will be considered. Drawings
shall be submitted approximately to scale, but need not be to the
precision of a finished engineering drawing or a final site plan.
The application shall include the following:
(a)
A written description of the Fishkill Creek development project(s)
concept plan, and a description of the manner in which such proposal
meets the purposes of the Fishkill Creek Development District; how
it is consistent with the City of Beacon Comprehensive Plan and, if
applicable, Local Waterfront Revitalization Plan; and the manner in
which the public interest would be served by the proposed Fishkill
Creek development, including a description of the benefits to the
City.
(b)
A land use plan showing the various proposed land uses and their
spatial arrangement, including the proposed general location of buildings,
parking areas, public, community and/or recreation facilities, utility
and maintenance facilities and open space.
(c)
An indication of the approximate square footage of buildings,
the approximate number of dwelling units of each housing type and
size, and the approximate amount of floor area of each type of nonresidential
use.
(d)
An indication of the appropriate number of parking and loading
spaces in relation to their intended use.
(e)
A general indication of any phasing of construction.
(f)
The general configuration of the interior road system, connection/access
to the adjoining road system, and an analysis of the need for and
the feasibility of providing emergency access.
(g)
A plan showing the relation of the proposed uses to existing
and proposed uses adjacent to the site that are not part of the application.
(h)
The general configuration of the pedestrian circulation system,
the connection of such pedestrian passageways to adjoining properties
and a description of how the proposal is consistent with the Fishkill
Creek Greenway and Heritage Trail Master Plan.
(i)
The proposed architectural treatment of views and viewing points
from the site to Fishkill Creek; to the site from Fishkill Creek;
and over the site from important viewsheds, including those identified
in the LWRP, all subject to the City Council's review of photo-simulations
as it shall request the applicant provide.
(j)
Descriptions, sketches, and sections showing the design scheme
contemplated for the entire development and specifically for any public
spaces or major elements of the plan.
(k)
Such additional information as the City Council may deem necessary
in order to properly evaluate the application.
(2)
City Council review of Fishkill Creek development concept plan
application.
(a)
The approval of a Fishkill Creek development project is an action
subject to the State Environmental Quality Review Act (SEQRA), and
all proceedings to review such project shall comply with the applicable
requirements of SEQRA.
(b)
Enhanced public transportation, jitneys and other alternative
means of travel between the FCD, Main Street and the Hudson Riverfront,
as well as the developer providing a fair share of the funding of
such alternative means of travel, shall be considered as important
methods of mitigating potential traffic and parking impacts resulting
from the FCD.
(c)
City Council referrals.
[1] The City Council shall refer the application for
a Fishkill Creek development concept plan approval to the Planning
Board for a recommendation. The Planning Board shall review all documents
and materials relating to the application and may make any advisory
recommendations it deems appropriate.
[2] Other referrals. The City Council shall comply
with the applicable provisions of General Municipal Law §§ 239-1
and 239-m. In addition to any referrals required by law, the City
Council may refer the application to any other City board, department,
official, consultant or professional it deems appropriate.
(d)
Public hearing. The City Council shall hold a public hearing
on the application for a Fishkill Creek development concept plan approval.
Any required SEQRA hearing shall be conducted jointly with this public
hearing, if practicable.
(3)
City Council decision on Fishkill Creek development concept
plan.
(a)
The City Council shall render a decision on the application
for Fishkill Creek development concept plan approval after it has
held the required public hearing, completed the SEQRA process and
has made the requisite SEQRA determination of significance and/or
findings, and, if applicable, has made the consistency determination
under the City's Local Waterfront Consistency Law.
(b)
Concept plan approval. The City Council may approve the concept
plan upon a finding that the following conditions and standards have
been met:
[1] The proposed Fishkill Creek development project
is consistent with the purposes and requirements of the Fishkill Creek
Development District and is otherwise in the public interest.
[2] The proposed Fishkill Creek development project complies with §
223-41.13I(15), Fishkill Creek vegetative buffer, of this chapter.
[3] The proposed Fishkill Creek development project meets the Fishkill Creek development design standards set forth in §
223-41.13I, to the extent applicable at the concept plan stage.
[4] The proposed Fishkill Creek development project
is consistent with the City's Comprehensive Plan, Local Waterfront
Revitalization Program (if applicable), and Fishkill Creek Greenway
and Heritage Trail Master Plan, and will not hinder or discourage
the appropriate development and use of adjacent lands.
[5] The proposed Fishkill Creek development project
is planned as a cohesive unit with a comprehensive plan for ingress,
egress, open space, landscaping, signage, circulation and utility
service and the land uses are complementary.
[6] The land uses in the proposed Fishkill Creek development
project relate, visually and functionally, with surrounding land areas
and land uses, and shall relate compatibly with other elements of
the Fishkill Creek corridor.
[7] The Fishkill Creek development project shall be
sensitive to the site's relationship to the Fishkill Creek and shall
be designed accordingly.
[8] The FCD site is proposed to be developed in such
a way as to maximize important views and view corridors throughout
the development; and site layout and design has incorporated, protected
and/or enhanced important views and view corridors, including those
identified in the LWRP.
(c)
Conditions. In approving any Fishkill Creek development concept
plan, the City Council may attach such conditions, safeguards and
mitigation measures as it deems necessary or appropriate to assure
continual conformance to all applicable standards and requirements
and to fulfill the intent and purposes of this chapter. An approved
concept plan shall expire if site plan review is not pursued diligently
and received. If site plan approval is granted, the concept plan approval
shall expire at the time the site plan approval expires.
(4)
Revisions to FCD concept plan. After approval, any proposed
revisions shall be submitted to the City Council. The City Council,
in its discretion, shall determine the appropriate procedures for
consideration of the proposed revisions, and whether such revision
is material enough to require further environmental analysis, further
project review and/or a further hearing, as it may deem appropriate.
G. Site development plan review. After approval of the Fishkill Creek
development concept plan by the City Council, the Planning Board may
grant site plan approval to a Fishkill Creek development project.
(1)
Application for site plan approval. The application for site development plan approval shall contain all the material set forth in §
223-25B of this chapter. In addition, the applicant shall submit the following:
(a)
Information to establish that the proposed site plan complies with §
223-41.13 I(15), Fishkill Creek vegetative buffer, of this chapter.
(b)
Information to establish that the proposed site plan meets the Fishkill Creek development standards set forth in Subsection
I below.
(c)
Information to establish that the proposed site plan is in substantial
conformance with the approved Fishkill Creek development concept plan.
(d)
Elevations showing the architectural and design treatment of
all buildings, public and open spaces and other site plan elements.
(e)
Information to establish the relationship of the proposed project
to later elements of the development of the FCD District, including
any other adjacent and nearby lands that are not part of the applicant's
Fishkill Creek development project(s).
(f)
Such other information as the Planning Board may reasonably
require in order to evaluate the site plan application.
(g)
Application fees as required pursuant to Subsection
E above.
(2)
Planning Board review of site plan.
(a)
The Planning Board shall conduct a detailed review of the adequacy,
location, arrangement, design and appearance of each aspect of the
proposed development. The Planning Board shall have the authority
to assure that aspects of the overall development of the FCD District
(e.g., stormwater management, domestic water and fire protection,
sanitary sewer, all utilities, streets, etc.) shall be adequate to
suit the purposes and needs of the entire FCD District, as it is finally
developed.
(b)
In acting on any site development plan application, the Planning Board shall take into consideration the Fishkill Creek development concept plan, the proposed design and layout of the entire FCD District, including the proposed location, height and landscaping of buildings, traffic circulation within and without the site, provision of off-street parking, exterior lighting, display of signs, landscaping, buffer areas and open spaces, and architecture and design, so that any development will have a harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods, and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system. Particularly, the Planning Board shall assure that the proposed site plan meets the Fishkill Creek development design standards set forth in Subsection
I below.
(c)
The proposed site development plan shall be in substantial conformance
with the Fishkill Creek development concept plan. The site plan for
a particular Fishkill Creek development project will provide detailed
building envelopes, elevations and site design details. The Planning
Board may exercise its discretion in allowing minor variations from
the Fishkill Creek development concept plan so long as the site plan
is, in the Planning Board's judgment, generally in keeping with the
Fishkill Creek development concept plan approved by the City Council.
In no case, however, shall the Planning Board have the authority to
approve a total number of dwelling units and/or an amount of nonresidential
floor area in the Fishkill Creek development project which exceeds
the number(s) approved as part of the Fishkill Creek development concept
plan.
(3)
Time period for construction. At the time of approving the site
plan, the Planning Board may set forth the time period in which construction
is to begin and be completed. The Planning Board may, in its discretion,
extend any time period it has previously set where it finds that changing
market conditions or other circumstances have acted to prevent the
timely commencement or completion of work, and that the developer
has proceeded with reasonable diligence in an effort to assure completion
of the work within the permitted time period. The extension of these
time periods shall not require the holding of a new public hearing.
(4)
Adjustments to site plan during construction. During the construction of an approved site plan, the Building Inspector or the City Engineer may authorize minor adjustments to the approved plans which are consistent with the overall approved site plan, when such adjustments appear necessary in the light of technical or engineering considerations which develop during actual construction, or when such adjustments are required in order to comply with law, rules or regulations made applicable to the subject property by any agency or instrumentality of the United States, New York State, Dutchess County or City government. The Building Inspector or City Engineer may, in his discretion, refer any such proposed change to the Planning Board for review. The Planning Board may determine to treat the modification as a minor site plan adjustment under this section or to treat it as a site plan amendment under Subsection
G(5) below. If treated as a minor site plan adjustment, the Planning Board may authorize the Engineer or Building Inspector to approve the requested change.
(5)
Site plan amendments. If the Planning Board determines that the character of the proposed changes requires a site plan amendment, the Planning Board shall process the application as an amended site plan under this Subsection
G(5) and shall have the discretion to determine the extent of further environmental analysis and project review that is required. After appropriate review, the Planning Board shall approve any site plan amendment by resolution.
H. Subdivision within a Fishkill Creek development. The Planning Board may review any proposed subdivision application within a Fishkill Creek development at any time. Any requests for subdivision approval shall follow the procedures set forth in Chapter
195, Subdivision of Land, of the City Code. The setbacks and other dimensional requirements of the FCD District shall apply to the gross land area of the total Fishkill Creek development project, whether or not the gross land area is or will remain in one ownership, and shall not apply to individual or subdivided lots.
I. Fishkill Creek development design standards.
(1)
All new buildings or substantial alterations of existing buildings in the Fishkill Creek Development District, shall comply with the following design standards. These standards are intended to supplement the provisions in Chapter
86, Architectural Design, and to relate historic buildings and traditional streetscapes in the area to new redevelopment efforts, while still allowing contemporary architectural flexibility.
(2)
Key terms. Standards using the verb "shall" are required; "should"
is used when the standard is to be applied unless the City Council
or Planning Board, as applicable, finds a strong justification for
an alternative solution in and unusual and specific circumstance;
and "may" means that the standard is an optional guideline that is
encouraged but not required.
(3)
General district standards. While the FCD District may contain
various uses, development shall be planned as a cohesive unit, with
a comprehensive plan for access, connected greenspace, landscaping,
signs, circulation, and compatible architectural elements. Plans should
build on the existing Beacon environmental and historic context.
(a)
Proposals shall show previous buildings on the site and document
inspiration from the City's industrial past along the riverfront and
creek frontage, including the type and texture of materials, roof
forms, spacing and proportions of windows and doors, and exterior
architectural features. Building details may be traditional or may
be more modern and simple.
(b)
Construction on parcels in or directly adjoining the Historic District and Landmark Overlay Zone should reinforce historical patterns and neighboring buildings with an emphasis on continuity and historic compatibility, not contrast. The goal is to renew and extend the traditional character of the district, but new construction may still be distinguishable in up-to-date technologies and details, most evident in windows and interiors (see also Chapter
134, Historic Preservation).
(c)
The plan shall be sensitive to the site's relationship to the
Fishkill Creek and developed in such a way as to maximize important
public views and view corridors throughout the development.
(4)
Specific standards. See also the annotated photo examples in
Figures 13-1 through 13-3, illustrating the design standards.
(a)
Historic mill buildings in Beacon generally had simple forms
and repetitive window openings with flat or low-pitched gable roofs.
Groups of related buildings shall be designed to present a varied
but compatible mix. New construction should have rooftop cornices,
capstones, parapets, railings, or projecting eaves.
(b)
Architectural features, materials, and windows shall be continued
on all sides of the building, avoiding any blank walls. Larger buildings
should incorporate subtle breaks in the facade and window surrounds
with projecting sills, lintels, or crowns to add some depth, shadow,
and detail.
(c)
Buildings shall have an emphasized entrance doorway to visually
connect the building to the street frontage and an interconnected
sidewalk and walking/bicycle path system to allow residents access
to the street and Greenway Trail along the creek frontage.
(d)
Industrial artifacts, such as stacks, towers, skylights, window
frames, loading doors, and docks, should be retained or reproduced
and incorporated into the design, whenever possible. Railings, balconies,
entrance canopies, lighting fixtures, and other functional details
should use industrial styles, metal materials, and darker colors.
(e)
Windows shall be divided into smaller panes to break up large
areas of glass. Individual panes shall be greater in height than width,
but the Planning Board may allow exceptions for transom lights, storefronts,
and other specialty windows. Tinted or mirrored glass and large glass
wall areas shall not be permitted.
(f)
Commercial buildings shall have at least 70% glass on the first-floor
facades. Residential floors shall have at least a 30% glass-to-wall
ratio.
(g)
For finish building materials, traditional brick is recommended
with secondary elements of cement-based stucco, stone, smooth-finished
fiber-cement siding, metal, or other material deemed acceptable by
the Planning Board. Vinyl, aluminum or sheet metal siding or sheet
trim, exposed concrete blocks or concrete walls, plywood or other
similar prefabricated panels, unpainted or unstained lumber, synthetic
stone or brick, synthetic stucco, exterior insulation and finishing
system (EIFS), or direct-applied finish system (DAFS), and chain link,
plastic, or vinyl fencing shall not be permitted.
(h)
Greenhouses, solar collectors, mechanical systems, and other
rooftop accessory structures may project up to 15 feet above the maximum
height, if set back at least 15 feet from the edge of a flat roof.
(i)
Off-street parking, mechanical equipment, and refuse containers
shall be located toward the rear or side of the site, under the ground
floor of buildings, and/or screened from public views by approved
landscaping or architectural elements. Window or projecting air conditioners
shall not be permitted.
(j)
Every site should include at least one pedestrian-oriented gathering
place, green, landscaped plaza, courtyard, terrace, or outdoor eating
area, using the building forms to frame, overlook, or complement the
space.
(5)
Energy efficiency. The plan for the Fishkill Creek development
project shall be designed and arranged in such a way as to promote
energy efficiency to the maximum extent practicable for all buildings,
such as taking advantage of passive solar and solar panel opportunities.
(6)
Landscaping, screening and buffering. A comprehensive landscaping
plan, including proposed streetscape and rooftop elements, shall be
submitted for the project.
(a)
Sidewalks, open spaces, parking areas and service areas shall
be landscaped and/or paved in a manner which will harmonize with proposed
buildings. Materials for paving, walls, fences, curbs, benches, etc.,
shall be attractive, durable, easily maintained and compatible with
the exterior materials of adjacent buildings.
(b)
The Planning Board may require street trees, buffer landscaping,
fencing or screening to separate land uses and to screen parking lots
or structures, utility buildings, refuse collection areas, cooling
systems and other similar installations and features.
(c)
All plants, trees and shrubs shall be installed in accordance
with a planting schedule provided by the developer and approved by
the Planning Board. Landscape materials selected shall emphasize native
species, not include invasive species, and shall be appropriate to
the growing conditions of the environment and this climatic zone.
(d)
Green roofs and rooftop terraces and gardens are encouraged
for visual and environmental reasons.
(7)
Lighting. A comprehensive lighting plan with photometric measurements
and fixture specifications shall be submitted for the project. Streets,
drives, walks and other outdoor areas shall be properly lighted to
promote safety and encourage pedestrian use.
[Amended 6-15-2020 by L.L. No. 7-2020]
(a) Lighting fixtures shall be a maximum of 15 feet in height, except
pole lights in parking lots shall be a maximum of 20 feet high.
(b) All exterior lighting shall comply with the standards in §
223-14B.
(8)
Signage.
(a)
All signs shall be planned and designed in accordance with an
overall comprehensive signage plan, which shall be subject to Planning
Board review and approval as part of site plan review process.
(b)
All signs shall be of a size and scale as determined appropriate
by the Planning Board to accomplish their intended purpose.
(9)
Vehicle, bicycle and pedestrian circulation system and traffic
access. The rights-of-way and pavement widths for all internal streets,
drives, walks or other accessways for vehicles, bicycles and/or pedestrians
shall be determined on the basis of sound current planning and engineering
standards, which shall accommodate projected demand but minimize impervious
surface to the maximum extent practicable and be narrow enough to
slow traffic speeds. Commercial uses should be pedestrian oriented
and assist in building walkable streets and a connection to downtown
Beacon.
(10)
Public access for greenway trails.
(a)
While a Fishkill Creek development will require certain private
elements for the security and benefit of its residents and property
owners, a Fishkill Creek development shall provide public pedestrian
access in a manner which enhances existing public access opportunities,
and coordinates such public access with existing or anticipated opportunities
for public access on adjacent lands to facilitate future linkages
in a continuous pedestrian path system.
(b)
In order to foster the purposes of this article, in order to
implement the policies expressed in the City's Comprehensive Plan
and the Fishkill Creek Greenway and Heritage Trail Master Plan, including
the creation of greenway trails, and in order to increase public pedestrian
access to and the potential for enjoyment of Fishkill Creek, each
FCD project shall show a dry-land right-of-way or easement for the
enjoyment of the public, which easement shall be not less than 20
feet in width traversing the entire length of the site unless configured
otherwise by the Planning Board during the site development plan review
process. To the maximum extent practicable, said right-of-way or easement
shall be integrated so as to create linkages with existing and anticipated
public pedestrian and bicycle trail systems on adjacent lands.
(c)
The trail within said right-of-way or easement shall be constructed
by the project developer and shall be maintained by the property owner.
Said trail may be located in the Fishkill Creek buffer.
(11)
Off-street parking and loading.
(a)
General parking requirements.
[1] Off-street parking and loading areas shall be designed
with careful regard to their relation to the uses served. They shall
be coordinated with the public street system serving the project in
order to avoid conflicts with through traffic or obstruction to pedestrian
walks.
[2] Parking and loading facilities not enclosed in
structures shall be suitably landscaped and/or screened as determined
appropriate by the Planning Board. Off-street parking shall be located
toward the rear or side of the site, under the ground floor of buildings,
and/or screened from public views by approved landscaping or architectural
elements.
[3] The construction of any proposed parking structures
to accommodate the PCD project shall be integrated into the development.
(b)
Parking requirements. The FCD District parking requirements shall be in accordance with §
223-26 of this chapter, except that the requirements in §
223-26F shall be both the minimum and maximum requirements for a FCD project.
(c)
With respect to any building, structure or use for which the required number of parking spaces is not specifically set forth in §
223-26F of this chapter, the Planning Board, in the course of site plan review, shall determine the number of off-street parking spaces required, which number shall bear a reasonable relation to the minimum off-street parking requirements for specified uses as set forth in the above schedule.
(d)
Up to 20% of the required parking may be designated for compact
automobiles at the discretion of and in accordance with standards
as determined by the Planning Board.
(e)
Off-street loading shall be provided as the Planning Board may
find appropriate.
(12)
Utilities and services.
(a)
Underground lines. All on-site television, power and communication
lines, as well as all on-site water, sewer and storm drainage lines,
shall be installed underground in the manner prescribed by the regulations
of the government agency or utility company having jurisdiction. Any
utility equipment to be necessarily located above ground shall be
adequately screened from view in an attractive manner.
(b)
Approval of appropriate jurisdictions. All buildings within
Fishkill Creek development projects shall be served by water supply,
sanitary sewage and stormwater drainage systems as approved by the
appropriate government agency or agencies having jurisdiction thereof.
Stormwater drainage shall minimize siltation and nonpoint source discharge
of salted areas and any other pollutants. Best management practices
shall be required.
(c)
Television hookups. Television hookups shall either be by cable
television or a central antenna system designed to minimize adverse
aesthetic impact and shall not be by multiple individual satellite
dishes.
(d)
Refuse collection. The Fishkill Creek development project shall
provide an adequate means of storing refuse between collections, and
shall comply with all applicable City requirements, including recycling
requirements. Such storage systems shall be designed to minimize adverse
aesthetic impact.
(e)
Cooling systems. Cooling systems shall be designed so as to
minimize adverse aesthetic impact.
(f)
Placement of utilities. Where possible, all utilities shall
be placed within the right-of-way.
(g)
Utility deficiencies. The FCD project shall address all known
utility deficiencies which have a relationship to the project, the
project's impact upon said utilities, and the project's implementation
and/or financing of its fair share of the mitigation of said impact
and deficiencies, including the dedication of utility easements to
the City.
(13)
Floodplain. The Fishkill Creek development project shall comply with the applicable provisions of Chapter
123, Flood Damage Prevention, of the City Code. All habitable stories shall be elevated above the one-hundred-year floodplain elevation.
(14)
Historic preservation. Every reasonable effort shall be made
to preserve and/or incorporate significant historic structures and
artifacts as part of the FCD project.
(15)
Fishkill Creek vegetative buffer.
(a)
A protective creekside buffer measured from the top of the creek
bank shall be observed. "Top of the creek bank" shall mean the highest
elevation of land which confines Fishkill Creek.
(b)
The protective creekside buffer dimension in §
223-41.14I of this chapter is a minimum and may be increased if necessary to mitigate the impact of the proposed development.
[Amended 10-23-2023 by L.L. No. 5-2023]
(c)
With respect to development near the creekside buffer, the site
plan shall address the following requirements:
[1] Site development shall be filled to the topography
and soil so as to create the least potential for vegetation loss and
site disturbance.
[2] Vegetation removal shall be limited to that amount
necessary for the development of the site. Protection of tree crowns
and root zones shall be required for all trees planned for retention.
[3] Vegetation indigenous to the site or plant community
shall be restored in areas affected by construction activities. Temporary
vegetation, sufficient to stabilize the soil, may be required on all
disturbed areas as needed to prevent soil erosion. New planting shall
be given sufficient water, fertilizer and protection to ensure reestablishment.
(d)
All approved measures to mitigate the loss or impact to riparian
habitat shall become conditions of approval of the project.
(e)
The creekside buffer shall be protected by a conservation easement
and/or covenants and restrictions which provide for the preservation
of existing and proposed vegetation within said buffer.
A. Minimum size of FCD site: two acres. Notwithstanding the above, the
owner of less than two acres of land may apply for approval of a FCD
project, where such land is adjacent to a proposed, approved or constructed
FCD project.
[Amended 2-20-2018 by L.L. No. 3-2018]
B. Development potential. Maximum number of dwelling units per acre of lot area, after deducting on all development proposals involving a total lot area of more than three acres any lot area with existing, predevelopment very steep slopes of 25% or more as defined in §
223-63, covered by surface water, within a federal regulatory floodway, or within a state or federally regulated wetland: 11. Additionally, a minimum of 25% of the total development's floor area shall be permitted nonresidential uses other than dwelling units or artist live/work spaces, which must be built out before or concurrently with the residential development of the site. Less nonresidential square footage may be granted by the City Council for the voluntary and guaranteed inclusion in the project of desirable environmental, transportation, or other substantial public benefits which would not otherwise be required of the project, as determined at the sole discretion of the City Council as part of the concept plan approval.
[Amended 5-22-2018 by L.L. No. 9-2018]
C. Maximum dwelling unit size: 2,000 square feet of gross floor area.
D. Maximum building coverage, including parking structures: 35%.
F. Maximum building height: three stories and 40 feet, as determined
from the average grade level of the side of the building facing the
primary street view. A corner or centrally located elevator or stair
tower projecting one story above the permitted building height may
be approved by the City Council to add architectural interest and
to encourage access to rooftop gardens.
G. Minimum building setback from edge of pavement of public and private
streets: 12 feet.
H. Minimum frontage of overall FCD site on public street right-of-way:
50 feet.
I. Minimum setback from and buffer width along Fishkill Creek: an average
of 50 feet, but not less than 25 feet at any point, except with respect
to the existing building located at 555 South Avenue located in the
Historic District and Landmark Overlay Zone, in which case the minimum
setback and buffer requirement shall not apply.