[Added 12-21-2017 by L.L.
No. 2-2018[1]]
[1]
Editor’s Note: This article was amended 10-1-2018 to
reflect corrections made by the Town to this local law.
A.
The Town of Harrison finds that transit oriented development benefits
the general health and welfare of the community by recognizing the
unique characteristics of the area surrounding the Harrison Train
Station, and by providing a zoning mechanism to facilitate the development
of high quality, pedestrian oriented, mixed-use development, thereby
providing for much needed housing opportunities, stimulating the local
economy, addressing long-term parking needs, encouraging the use of
existing transit facilities, decreasing dependency on automobiles,
while mitigating the effects of pollution and vehicle congestion in
the Central Business District.
B.
The TOD District implements the vision for downtown Harrison as set
forth in the Comprehensive Plan by establishing a viable framework
for future private investment.
The purpose of the TOD District is to encourage well-integrated,
mixed-use, moderate density development within walking distance of
the Harrison Train Station, County Bee-Line bus stops and other transit
resources and facilities (a "TOD Development"), which:
A.
Provides an alternative to traditional development by emphasizing
mixed-use, pedestrian oriented development.
B.
Encourages development on a "human scale" that provides for a pedestrian
oriented environment that encourages and facilitates walking, bicycling
and transit use.
C.
Creates an identity in the Central Business District that promotes
pedestrian activity, human interactions, commercial enterprise, livability
and safety.
D.
Reduces automobile dependency and roadway congestion by locating
multiple destination and trip purposes within walking distance of
one another.
E.
Improves access to Metro-North Railroad services, including enhanced
intermodal connections.
F.
Provides for adequate off-street parking for commuters, residents
and tenants of the development within parking facilities of high quality
design, that are screened and hidden to the extent practicable, so
that in no instance are large expanses of street frontage dominated
by parking areas or structures.
G.
Manages parking and vehicular access by utilizing shared parking
and driveway access to avoid pedestrian conflicts.
H.
Provides street level business uses that are consistent with the
character of the Harrison Central Business District.
I.
Provides a range of housing options for people of varied incomes
and at different stages of life.
J.
Incorporates open spaces, plazas and other design features that create
an inviting environment that encourages use and exploration by residents
and visitors alike.
The provisions of this Article XVI supersede any inconsistent provisions of this chapter.
The uses permitted in the TOD District are set forth in the
Table of Use Regulations for the TOD District (§ 235 -Attachment
5).[1]
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
Off-street parking shall be provided for a TOD Development in accordance with the provisions of the Schedule of Off-Street Parking Space Requirements for Residential Uses (§ 235-36) and Non-Residential Uses (§ 235-37), except as set forth in § 235-17 BB(l). Additionally, the following off-street parking and loading requirements shall apply within the TOD District.
A.
The area within the TOD District is also located within the Downtown Revitalization Target Area, and the parking requirements of the Downtown Revitalization Target Area set forth in the Schedule of Off-Street Parking Space Requirements for Residential Uses (§ 235-36) and Non-Residential Uses (§ 235- 3 7) shall apply.
B.
To achieve the stated purposes of the TOD District set forth in § 235-87, a TOD Development on the parcels which as of the date of adoption of this Article XVI are owned by Metropolitan Transportation Authority and designated on the Town tax map as Section 18, Block 182, Lots 12 and 15 (the "MTA Site"), shall include a parking structure (the "Commuter Parking Structure") accommodating a minimum of 475 commuter parking spaces for Metro-North Railroad customers, 45 short-term daily metered parking spaces to serve retail and other on-site commercial uses, and 64 off-street parking spaces for the residential component of the TOD Development.
C.
Off-street parking and loading areas shall be designed and located
in a manner that is efficient and proximate to the uses they are intended
to serve.
D.
Section 235-38 shall not apply. The Planning Board shall determine the appropriate number of off-street truck loading spaces.
E.
The Schedule of Minimum Dimensions for Parking Spaces and Aisles in § 235-41C shall not apply. The Planning Board shall determine appropriate parking space and aisle dimensional requirements, except for the Commuter Parking Structure, which shall be based on Metro-North Railroad Station Standards.
F.
The number of off-street parking spaces required for a TOD Development
may be reduced through the use of shared parking; subject to a finding
by the Planning Board that the peak parking demand of the uses do
not coincide, and that the accumulated parking demand at any one time
shall not exceed the total on-site parking capacity. This finding
shall take into account the parking demand of residents, employees,
customers, visitors, commuters and any other users of the on-site
parking. It shall also take into account parking demands on both weekends
and weekdays, during daytime and overnight periods.
G.
Shared use of the 475 commuter parking spaces in the Commuter Parking
Structure on the MTA Site shall only be permitted subject to an agreement
between the MTA and the applicant for approval of a TOD Development,
and subject to the approval of the Planning Board.
H.
Short-term daily parking shall be located at grade, or on the level
of the parking structure that provides easiest access to the retail
and commercial uses of the TOD Development.
I.
Bicycle parking racks or lockers shall be provided at a ratio of
one rack or locker for every 20 automobile parking spaces (or portion
thereof) required for the uses within the TOD Development (exclusive
of any commuter parking spaces).
The dimensional regulations for the TOD District are designed to achieve the purposes of § 235-87. The dimensional regulations are set forth in the Table of Dimensional Regulations for the TOD District (§ 235 -Attachment 6).[1]
[1]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
Subject to Special Exception Use approval, a density bonus, not to exceed 10 residential units, may be allowed, provided a TOD Development conforms to the eligibility criteria of § 235-94A or B below. Bonus units shall be limited to studio or one-bedroom units. If bonus units are provided, a fifth story shall be allowed, provided the fifth story does not exceed 15 feet in height and is set back from Halstead Avenue a distance of at least 1/3 the total depth of the building. Bonus units shall not be restricted to the fifth floor, but can be located in appropriate locations, consistent with the character of the TOD Development.
Approval of a TOD Development shall require Special Exception Use approval by the Planning Board, subject to confirmation by the Town Board, in accordance with the provisions of Article V, § 235-14, and Site Plan approval by the Planning Board, in accordance with Article XII, § 235-71. An application for Special Exception Use approval of a TOD Development shall be deemed to include application for approval of all uses of a TOD Development for which Special Exception Use approval is required as set forth in the Table of Use Regulations for the TOD District (§ 235 Attachment 5),[1] and all uses of a TOD Development shall be subject only to the Special Conditions and Safeguards for TOD Development set forth in § 235-17BB. The following review procedure shall apply.
A.
Pre-submission conference. The applicant shall, prior to the formal
submission of the TOD Development site plan, meet with Town staff
to review the proposed project, address site plan requirements and
details, and procedural steps so the applicant clearly understands
the process, and the Town understands the development concept.
B.
Application. An application for approval of a TOD Development shall
be submitted at least 21 days in advance of the Planning Board meeting
at which the application is to be presented. Seventeen sets of the
application package shall be provided. The application shall consist
of the following:
(1)
Site Plan application form.
(2)
Special Exception Use application form.
(3)
Full Environmental Assessment Form.
(4)
A narrative description of the TOD Development, including a description of how the project complies with the purposes of § 235-87 and the Town Comprehensive Plan, and how it will benefit the Town of Harrison as a whole.
(5)
A traffic study, addressing the project's impact on existing and
future traffic conditions in the vicinity of the site and in the Central
Business District.
(6)
A market analysis that shows adequate demand for the proposed mix
of uses.
(8)
A Stormwater Pollution Prevention Plan.
(9)
A land use plan, showing the various proposed land uses and their
spatial arrangement, including the location of buildings, parking
areas and structures, public spaces and plazas, pedestrian circulation
connections, utility and maintenance facilities and open spaces.
(10)
A tabulation of all building spaces, including square footages
of buildings, number of dwelling units and types and the floor area
of each use.
(11)
An off-street parking compliance tabulation.
(12)
A TOD Development community integration plan, depicting the
relationship of the proposed TOD Development with existing surrounding
land uses and facilities.
(13)
A construction phasing plan, and, for the MTA Site, temporary
parking relocation plan. Said plan shall adequately accommodate existing
commuter and short-term parking during the period of construction,
until the Commuter Parking Structure on the MTA Site is complete.
(14)
Descriptions, sketches, section, elevations and renderings showing
the architectural treatment and design scheme contemplated for the
entire TOD Development.
(15)
Such additional information as deemed necessary in the pre-submission
conference, in order to properly evaluate the application.
C.
SEQRA compliance.
(1)
The approval of a TOD Development is an action subject to the State
Environmental Quality Review Act (SEQRA) (Environmental Conservation
Law § 8-0101 et seq.), and review of a TOD Development shall
comply with the applicable SEQRA regulations. Depending on the scope
of the TOD Development, the preparation of an Environmental Impact
Statement (EIS) may be required. If so, and to the extent permissible
by law, the EIS review shall be integrated into the overall project
review process, and coordinated with other Involved Agencies, and
to avoid duplication, and facilitate the review process, concurrent
public hearings shall be held to the extent practicable.
(2)
If in conjunction with the initial application the applicant for approval of a TOD Development agrees to submit an EIS in conjunction with the application, then certain materials specified in § 235-94B need not be submitted with the initial application (such as the traffic study, as established during the pre-submission conference) in recognition that these studies will later be included in the EIS.
D.
Special exception use review. Pursuant to the provisions of Article V, § 235-14, the Planning Board, subject to confirmation by the Town Board, shall review and act on the Special Exception Use application. The Planning Board shall approve, conditionally approve or disapprove the Special Exception Use application based on the criteria established in Article V.
F.
Subdivision. Should the TOD Development require a subdivision of land to facilitate the assembly of the project site, the ownership by the MTA of the Commuter Parking Structure and the land on which it is located, or for any other reason, said subdivision shall be undertaken in accordance with Chapter 204 of the Code of the Town of Harrison, and shall be undertaken as part of the overall TOD Development approval "action," provided that the lots into which the MTA Site is subdivided shall not be subject to any minimum lot area, and the lot on which the Commuter Parking Structure is located shall not be subject to any minimum lot area, maximum lot coverage, or yard setback otherwise required in the TOD District set forth in the Table of Dimensional Regulations for the TOD District (§ 235 -Attachment 6).[2]
[2]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
G.
Public hearing and notice. Review of the TOD Development shall comply with all applicable public hearing requirements for Special Exception Use, Site Plan, and Subdivision (if necessary) approvals, and SEQ RA (in the case of an EIS). To the extent permissible by law, said public hearings shall be held concurrently. Additionally, all public notice and signage requirements in Article XV shall also be complied with.
H.
Referrals. The Town shall comply with the applicable provision of
General Municipal Law § 239-m. In the instance where a draft
EIS is required, it shall be circulated as provided by law. The Town
may refer the application to any other Town board, department, official,
consultant or professional, as necessary.
I.
Escrow account. In accordance with the provisions of § 235-79, at the time of the submission of the TOD Development application, an escrow account shall be established, in an amount set by the Town, to cover the costs of the Town's professional review services, including the cost of professional review services permitted under SEQRA.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
