[Added 7-11-2018 by L.L.
No. 7-2018]
A.
Intent.
(1)
It is the intent of these provisions establishing a Senior Living
District to provide flexible use and design regulations to facilitate
the development of an integrated senior living community. The Town
of Rotterdam Comprehensive Plan recognizes the importance of providing
safe, affordable, and accessible facilities and residences for the
Town's senior population. This article specifically encourages comprehensive
developments incorporating multi-family residential units, single-family
homes, assisted living facilities, and recreational facilities, including
but not limited to the continued operation and use of a portion of
the golfing facilities.
(2)
This article recognizes that, while the standard zoning functions
are appropriate for the regulation of traditional neighborhoods and
land uses, the Senior Living District provides comprehensive planning
for an integrated senior neighborhood. Senior citizens require unique
services and specialized living quarters for elderly and retired citizens
who wish to live independently, but prefer to live in a community
designed to support their needs.
B.
Objectives. To carry out the intent of this article, a senior living
development shall achieve the following objectives:
(1)
Provide a varied choice of the types of environment, residential
units, assisted living needs, recreational facilities, including continuation
of a portion of the golfing facilities and creation of new recreational
opportunities, and open space available to residents the age of 55
and over;
(2)
Create integrated senior living arrangements that allow for
fulfillment of the varied needs of senior citizens in a central location
without extended commuting;
(3)
Enhance the quality of living for senior citizen populations;
(4)
Increase opportunities for social interaction among senior citizen
populations;
(5)
Create an efficient use of land and services resulting in smaller
networks of utilities and streets and thereby lowering housing and
assisted living costs for seniors;
(6)
Create a development pattern in harmony with the objectives
of the Comprehensive Plan; and
(7)
Create a more desirable environment for senior living than would
be possible through the strict application of other articles of this
chapter.
As used in this article, the following terms shall have the
meanings indicated:
A residential living unit, including independent, assisted,
and memory care units, consisting of one or more separate living spaces
contained within a large building or facility that provides common
amenities to the apartment unit(s) contained therein.
Any entity which provides housing, meals, on-site monitoring,
and personal care services in a home-like setting to adult residents.
An eating establishment located wholly within a common building
of the independent living facilities, assisted living facilities or
memory care facilities, or any senior services center designed to
service the needs of on-site employees, patients, guests, and residents
of the SLD. This eating establishment is not considered a retail use.
A building located on the golf course that may contain a
locker room, pro shop, and cafe located wholly within a common building
designed to service the needs of SLD residents, on-site employees,
guests and members of the public using the golf course.
An area of green space which marks the entrance to a site
and is comprised of signage, landscaping and plantings.
An area located in any of the facilities and/or the senior
services center with the primary purpose of facilitating recreation
and exercise for residents of the SLD and their guests.
A recreational facility primarily used for the purpose of
playing golf, including associated food service and staff offices.
The golf course will be open to the public.
Senior housing units that are designed for residency by seniors
who are capable of living independently, in apartments, townhomes
or single-family houses without the need for in-home medical, memory,
or other assistive care.
An office or offices located in a common building of the
senior services center of a physician, dentist, or any other licensed
professional in the field of medically related services or health
and wellness, such as acupuncturist, audiologist, dietician or nutritional
counselor, mental health practitioners, licensed clinical social worker,
therapist, chiropractor, massage therapist, medical physicist, naturopath,
nurse practitioner, occupational therapist, physical therapist, ophthalmologist,
optometrist, podiatrist, respiratory therapist, speech or language
pathologist, osteopath, and physician assistant. Such services are
provided to residents only.
A distinct form of care that specifically caters to patients
with Alzheimer's disease, dementia and other types of memory problems.
Memory care units provide twenty-four-hour supervised care within
the residential facility.
An unoccupied space open to the sky.
A golf course, a network of trails, fitness center and other
accessory recreational and fitness uses. All such uses will be provided
solely to residents of the SLD and their invited guests with the exception
of the golf course which will remain open to the public.
Buildings and/or facilities which provide housing which is
intended for seniors 55 years of age and over, including dormitory
housing.
Services available to residents and their guests, including,
but not limited to, residential dining and full service kitchen; a
fitness center; a swimming pool/spa; a therapy room; a salon; and
conference/meeting rooms.
The following principal uses are permitted as of right, subject
to site plan approval by the Planning Board, in the Senior Living
District:
A.
Principal use.
(1)
The principal use permitted in the Senior Living District shall
be a Senior Living Development for residents of at least 55 years
of age. A Senior Living Development may consist of the following uses:
(a)
The following residential facilities, provided that the residents
are at least 55 years old;
[1]
Independent living units, including multi-family or apartment
units;
[2]
Single-family homes, including townhomes and condominiums, which
shall allow for residents' children who are at least 21 years old
to reside with the parent if the resident(s) requires such child's
care and the arrangement is approved by the homeowners' association;
[3]
Assisted living units, including studios and apartments;
[4]
Memory care units, including studios and apartments;
(b)
Independent living common areas;
(c)
Senior services within the residential buildings; and
(d)
Recreational uses, including but not limited to the golf course
and clubhouse, fitness center, trails and other recreational facilities.
B.
Accessory uses. The following uses shall be permitted as accessory
to a Senior Living District and, where applicable, shall be provided
only to residents of the district and their guests:
Projects in a Senior Living District shall be developed according
to the following regulations:
A.
Bulk regulations:
(1)
Maximum number of senior living units: 496.
(2)
Maximum building height. The maximum building height shall be
60 feet. The maximum building height shall not include chimney heights,
not to exceed three feet over a building's highest ridge line or roof
top mechanical units.
(3)
Lot area. To promote the goal of common ownership of shared
open space, all single-family homes and townhomes shall be a part
of an established homeowner association that shall be responsible
for the operation and maintenance of all open space, utilities, and
roadways. Lot area requirements in the Senior Living District are
as follows:
(4)
Common open space. Not less than 40% of the acreage of the property
shall be open space. Areas used for recreational purposes, including,
but not limited to, golf courses, skiing, walking trails and the like,
exclusive of any areas covered by structures associated with such
uses shall be considered open space. The open space lands may include
significant ecological, aesthetic and recreational characteristics.
Such open space may consist of wetlands and steep slopes, as well
as other resources subject to local, state or federal regulations,
including stormwater management areas.
B.
Development Areas. The Development Areas are shown generally on Exhibit
C. Area A consists of the assisted living/memory care facilities.
Area B consists of the independent living facilities/apartments. Area
C consists of the golf course and clubhouse. Area D contains the detached
(cottages) and attached (townhome) single-family units. These are
the primary uses in the areas, accessory uses and other uses permitted
by this article are allowed in the areas as well.
C.
Bulk requirements for the proposed uses in the SLD are set forth
as follows:
(1)
Senior services facilities:
(b)
Density.
[1]
Assisted living. No more than 144 units total containing a mixture
of studio, one bedroom, one bedroom and den and two bedroom units.
[2]
Memory care. No more than 108 units total containing a mixture
of one bed semiprivate and private units.
[3]
Independent living. No more than 119 total units containing
a mixture of one bedroom, one bedroom with den, two bedroom, and two
bedroom with den units.
(3)
Single family - detached:
(a)
Setbacks and height requirements.
(b)
Density.
[1]
Single family. No more than 125 units total (either single-family
attached townhome or in single-family detached). Units shall be 1,000
to 1,500 square feet in size and may contain a mixture one bedroom,
one bedroom and den, two bedroom units, and two bedroom with den,
with or without garages.
Parking may be at grade or in structures.
A.
Residential uses:
(1)
Single-family detached/attached: two spaces per unit, which
may include driveways and garage spaces.
(2)
Independent living: 1.5 spaces per unit, inclusive of employees
and visitors.
(3)
Assisted living and memory care: 0.5 space per unit, inclusive
of employees and visitors.
(4)
Recreational uses:
(a)
Golf course: five spaces for each golf hole and one for each
employee on shift of greatest employment.
(b)
Other recreational uses: For other recreational/open space uses,
the Planning Board shall assign the required number of spaces, giving
consideration to the proposed recreational/open space use and the
feasibility to share parking capacity with that required for the golf
course.
(5)
Other uses: For any other use not listed herein, the Planning
Board shall assign the required number of spaces, giving consideration
to the proposed use, its similarity to other uses contained herein,
and the feasibility of providing shared parking spaces with other
uses.
B.
Shared parking. When and where it may be achieved, shared parking
may be considered to meet the overall parking demands.
C.
Dimensions for off-street automobile parking spaces. Every such space
provided shall be at least nine feet wide and 18 feet long, with the
exception of accessible spaces which shall meet the minimum standards
of the most current version of the Building Code of New York State.
D.
Parking reduction. If, in the judgment of the Planning Board, the
required parking would be excessive, the Planning Board may allow
up to 25% reduction in the total number of parking spaces constructed.
Any development plan shall still set aside the required area for the
total parking demand should it be deemed necessary in the future.
E.
All parking shall be located at least 10 feet from the boundary of
the Senior Living District and appropriately screened as determined
by the Planning Board during site plan review.
All parking areas shall be adequately lighted. All such lighting
shall be shielded and so arranged as to direct the light away from
adjoining residences and prevent to the maximum extent possible off-site
illumination.
A.
All streets and sidewalks shall conform to the Town's design standards
with respect to paving specifications, horizontal and vertical alignment,
site distances and drainage provisions, except when modified or waived
by the Planning Board during the site plan review process.
B.
Pedestrian, bicycle and cart circulation systems shall be provided
as convenient, safe and attractive links between residential groupings,
open space areas, recreation areas and other senior facilities. Widths
may vary from four feet to eight feet based upon location and use.
Materials of construction may vary based upon location and use.
A.
The Senior Living Development shall be capable of being serviced
by a municipal water and sewer district, and may be approved conditioned
upon the necessary creation or extension of such districts or by way
of "out of district" user agreements. For purposes of this section,
a municipal water and/or sewer district shall include such district
of any municipality, not limited to that of the Town of Rotterdam.
B.
To the extent that additional water and sewer infrastructure is required
for the Senior Living Development, such infrastructure shall be designed
and constructed in accordance with the standards of the authorities
having jurisdiction over such infrastructure (municipal and/or state).
C.
All water distribution and sewer facilities not dedicated to the
relevant municipality shall be owned and maintained by the homeowners'
association or the owner of any facilities within the Senior Living
Development. Easements shall be granted to the Town to allow for access
and maintenance to these facilities in case the need arises.
A.
All stormwater management facilities shall be designed and constructed
in accordance with the Town and New York Department of Environmental
Conservation ("DEC") standards.
B.
All stormwater management facilities not dedicated to the Town shall
be the responsibility of the homeowners' association.
C.
Pursuant to New York DEC regulations, the homeowners' association
shall execute a long-term operation and maintenance agreement with
the Town for operation and maintenance of the stormwater management
facilities.
A.
Any development in the Senior Living District shall provide for and
establish a homeowners' association for the maintenance, preservation
and ownership of the common open space, including private streets,
drives, service and parking areas and recreational areas.
B.
The applicant shall set forth the terms and requirements of ownership
and maintenance of the common space in a homeowners' association agreement.
The homeowners' association agreement shall be submitted to the Town
when it is provided to the New York State Office of the Attorney General.
Review of proposed development in the Senior Living District zoning district shall be accomplished in accordance with the existing site plan provisions of the Town Zoning Code, found in Article XVII of this chapter.
All or any portion of the land area may be subdivided upon compliance with and in accordance with the requirements of Chapter 249 of the Code of the Town of Rotterdam. Such subdivision approval shall allow the lot lines of units in the Senior Living District to be drawn in accordance with the provisions of this article.
The Town Board hereby declares that the Senior Living District
will also be an Open Development Area in accordance with New York
Town Law § 280-a allowing for building permits to be granted
for structures that do not have frontage on a Town, county or state
roadway so long as such structures are shown on an approved site plan
for a Senior Living Development. The Senior Living District contemplates
that there will be numerous structures that comprise the shared senior
facilities on common parcels of land.
Accessways (and emergency accessways) to access the Senior Living
District from Helderberg Avenue and/or from Keator Drive to serve
the uses in the Senior Living District will be allowed on land zoned
other than Senior Living District. Utilities may also be installed
to serve the Senior Living District and uses in the Senior Living
District over land that is zoned other than Senior Living District.
The Town Board determines that such accessways and utilities will
continue to serve the existing golf course as well as the proposed
new uses in the Senior Living District to provide ingress and egress
as well as utilities for these Senior Living District uses. No rezoning
of the land crossed by and containing the accessways (and emergency
accessways) or utilities are required to support these Senior Living
District uses.
