This article shall be known and cited as the "Baldwin Mixed-Use
Overlay District (B-MX) Article" of the Town of Hempstead.
In addition to the definitions of this Building Zone Ordinance,
the following definitions are applicable to this article. In the event
of conflict, the following definition shall be controlling:
ASSISTED LIVING
An establishment for the long-term residential care of the
aged and infirm, such as congregate-care and assisted-living facilities,
but not including nursing homes, convalescent homes or substance abuse
treatment centers.
INCENTIVE BONUSES
Adjustments to the floor area ratios and parking requirements
of the provisions of the Town of Hempstead zoning and land use laws
for a specific purpose, that is beneficial to the community, when
authorized by the Town Board.
INCENTIVE ZONING
The system by which specific incentives or bonuses are granted
to applicants pursuant to this subsection on condition that specific
physical, social, or cultural benefits or amenities would inure to
the benefit of the community.
MIXED-USE BUILDING
A building with more than one type of land use (e.g., residential
and commercial).
In the B-MX District, the following regulations shall apply:
A. The area within Baldwin designated B-MX is largely developed. As
a result, the B-MX District has been designed as an overlay district,
with the zoning regulations and design guidelines described herein,
applicable to new development, redevelopment, and building expansions
which result in a 10% or greater increase in the building's floor
area. For existing uses and rehabilitations and expansions less than
10% of the gross floor area, existing zoning regulations shall still
apply, and the design guidelines shall not apply.
B. Design guidelines have been established for the B-MX Overlay District
in order to create a high-quality, pedestrian-friendly environment.
The principles described in the Baldwin Mixed-Use Design Guidelines
are not mandatory development standards. However, all projects shall
incorporate and demonstrate how these design principles meet the purpose
and intent of the guidelines. In reviewing applications, the Design
Review Board, which is hereby established, shall follow the criteria
of the Baldwin Mixed-Use Design Guidelines and B-MX Overlay District
Design Guidelines Checklist contained as an appendix to the Building
Zone Ordinance. The ultimate approval of projects will be judged in accordance
with these design guidelines.
C. For purposes of this article, the B-MX District shall be divided
into three subdistricts as indicated on the Zoning Map described in
§ 431 of this article. These subdistricts include:
(1) Baldwin - Mixed-Use, Transit-Oriented Development (B-MX, TOD).
(2) Baldwin - Mixed-Use, Merrick Road Gateway (B-MX, MRG).
(3) Baldwin - Mixed-Use, Commercial Transition (B-MX, CT).
In furtherance of the implementation of this article, and to
specifically identify the particular areas within Baldwin placed into
the overlay B-MX District and three subdistricts established herein,
a particular zoning map dated January 21, 2020, prepared by VHB Engineering,
Surveying, Landscape Architecture and Geology, P.C., and entitled
"Baldwin Mixed-Use Rezoning Map," has been filed in the office of
the Town Clerk, and in all other places required by law or otherwise
for the filing of zoning maps of the Town. This map is incorporated
herein by reference. It identifies the areas in the overlay B-MX District
and subdistricts, and, upon the effective date of this article, it
shall apply in those areas to the extent provided in this article
or otherwise at law.
The review and approval process for new development, redevelopment,
and building expansions which result in a ten-percent or greater increase
in the building's floor area in the B-MX District shall be as follows:
A. A building permit application shall be submitted to the Buildings
Department. In addition to all otherwise required documentation, an
applicant shall also submit all materials necessary for review by
the Design Review Board, including a consistency analysis with the
SEQRA conditions and criteria set forth in the findings statement
adopted by the Town Board. The Design Review Board will determine
the level of State Environmental Quality Review Act ("SEQRA") review
required, if any, in accordance with 6 NYCRR 617.10(d). The Plans
Examiner shall, upon the submission of a complete application, conduct
a zoning compliance review and review for compliance with SEQRA.
B. The Design Review Board. Upon complete review of zoning and SEQRA
compliance, the application shall be referred to the Design Review
Board for purposes of applying the Baldwin Mixed-Use Zoning Overlay
District (B-MX) Design Guidelines.
(1)
The Design Review Board shall consist of three employees of
the Department of Buildings with site plan review backgrounds, appointed
by the Town Board. Approval by the Design Review Board shall be necessary
prior to the issuance of a sign permit or a building permit for new
development, redevelopment, and building expansions which result in
a 10% or greater increase in the building's floor area.
(2)
Prior to the public hearing of the Design Review Board, a public
notice, prepared by the Design Review Board, shall be published at
least 10 days prior to the date fixed for such public hearing in a
newspaper of general circulation in the Town of Hempstead and shall
be noticed on the Town's website at least 10 days prior to the public
hearing. The notice shall state the general nature of the application,
the applicant, and the location of the property. Said notice shall
be mailed by the applicant no more than 28 days and no less than 21
days prior to the Design Review Board's hearing by certified mail
to all property owners within a 300-foot radius of the subject application's
property boundaries, and the applicant shall file an affidavit of
mailing, with the certified mail receipts, with the Design Review
Board prior to the public hearing.
(3)
A sign noticing said public hearing shall be posted at said
location at least 21 days prior to the date fixed for such public
hearing. Said sign(s) shall be located in each front yard setback
of the subject premises; shall be at least 24 square feet in area;
shall provide the words "NOTICE OF PUBLIC HEARING" and the date, place
and time of the public hearing, and the general nature of the application
in black letters at least six inches high with a background color
of the face of the sign either bright orange or bright yellow.
(4)
In reviewing applications, the Design Review Board shall substantially
follow the criteria of the Baldwin Mixed-Use Zoning Overlay District
(B-MX) Design Guidelines and B-MX Overlay District Design Guidelines
Checklist contained as an appendix to the Building Zone Ordinance. The ultimate approval of projects will be judged in accordance
with these design guidelines.
(5)
If the application is compliant with zoning and in accordance
with 6 NYCRR 617.10(d)(1), as determined by the Design Review Board,
no further SEQRA review is required. If the application is not compliant,
based on 6 NYCRR 617.10(d)(2) through (4), additional SEQRA will be
required.
(6)
The Design Review Board shall have the powers granted by the
Town Law and the power to approve, disapprove, or grant with conditions
applications for Design Review Board approval for properties within
the B-MX District. The Design Review Board shall render a written
determination within 30 days of the completion of the public hearing,
and may issue findings of fact.
(7)
If the Design Review Board does not vote for changes to the
plan, or votes for changes to the plan and the applicant consents
to the changes, and the project is compliant with zoning and SEQRA,
then the application can be circulated to state, county, and Town
departments for approvals. Once all state, county, and Town approvals
are obtained, the Building Department will issue a building permit.
Site plan approval under § 305 will not be required. The
project will not require a Town Board hearing.
(8)
The Town Board, including but not limited to the Design Review
Board's recommendation, following a public hearing, may provide incentive
bonuses in exchange for the applicant providing one or more community
benefits or amenities or cash or payment in lieu thereof, as authorized
by the Town Board and in accordance with § 431.1B of this
article.
(9)
Anyone aggrieved by the decision of the Design Review Board
may appeal same to the Board of Appeals, unless the underlying application
must be reviewed or approved by the Town Board, in which case an appeal
shall be within the jurisdiction of the Town Board.
C. If an application is not zoning compliant, or if additional SEQRA review is required under Subsection
B(5), above, upon completion of review and decision by the Design Review Board, the application shall be referred to the Town Board for a public hearing to determine the approval or disapproval of the application. 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 B-MX 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. If the Town Board approves an application, the application shall then be circulated to state, county, and Town departments for approvals. Once all state, county, and Town approvals are obtained, the Building Department will issue a building permit. Site plan approval under § 305 will not be required. The project will not require a second Town Board hearing.