[Added 3-20-1990 by L.L. No. 4-1990]
A.
It is found and determined that there exist certain
sites in the Town of Yorktown that, due to their location between
incompatible land uses, such as single-family residential and commercial
or industrial uses, or due to their location between major traffic
routes and single-family residential uses, these parcels are not viably
developable under their current zoning designation. In particular,
the majority of these sites seemed to be located in the Route 6 corridor
where the Town has zoned so as to avoid a continuous commercial strip
by retaining single-family or two-family zoning designations as a
direct buffer to the existing commercial uses and Route 6.
B.
As a result of the foregoing, many of the parcels
along the Route 6 corridor have made requests for rezoning, which
for the most part have been denied due to the lack of appropriate
zoning classifications to meet the needs of the Town and the landowner.
C.
Therefore, there is a need for a zoning designation
for the optimal use of these buffer or borderline properties. Such
a zoning classification should allow for the viable development of
these sites while maintaining the buffer-like qualities of these sites.
D.
It is the intent of the Town of Yorktown to create
herein a new transitional zoning district to be applied to properties
situated as outlined above and or other properties within the Town
of Yorktown of similar characteristics (hereinafter "targeted properties").
E.
It is intended to provide a zoning district that gives
the Town Board the maximum flexibility to rezone a targeted property
to a use that is compatible with the surrounding existing uses while
allowing for viable development.
F.
It is recognized that most sites that may be targeted
properties have varying and distinct characteristics and are surrounded
by varied uses. Therefore, each site must be considered on its own
merits.
G.
It is therefore intended to create a zoning designation
that would allow development of the property for uses compatible with
the surrounding uses and to a degree of intensity that is compatible
with the surrounding uses. This section shall allow for mixed uses
(i.e., residential/commercial; residential/professional), in addition
to specified uses.
A site, in order to qualify as a targeted property
for transitional zoning designation, must comply with the following:
A.
The site must lie between two distinctly different
zoning classifications (e.g., single-family residential and commercial/manufacturing/light
industrial), or act as a buffer between residential uses and a major
environmental nuisance (e.g., a major traffic route). Sites situated
between different commercial zones or residential zones (e.g., between
an R-1 and an R-3 or C-2 and C-3) do not qualify as a targeted property.
B.
There must be a showing that development of the site
is not practical under its current zoning designation and/or that
its present zoning is incompatible with the surrounding uses. There
must be a finding of the same made at the time of rezoning and articulated
in any resolution to rezone a targeted property.
A.
Required submittals. Submitted with the application
to rezone shall be the following:
(1)
A conceptual site plan in sufficient detail to determine
the appropriate locations and grading of all existing and proposed
buildings, roads, parking access and drives, recreation areas and
facilities and major landscaping;
(2)
An appropriate State Environmental Quality Review
Act form; and
(3)
A narrative report and supporting documentation showing
the surrounding area uses, the viability of development under the
existing zoning classification, alternative development schemes under
the surrounding existing zoning designations, alternative types of
development for the site and a detailed account of the uses intended
under the submitted site plan, both short-term and long-term.
B.
Required referrals. The Town Board, upon receipt of
the above, shall refer the application to rezone to the Planning Board,
Planning Department, Town Engineer, Town Building Inspector and Town
Attorney.
C.
Planning Board review. Upon receipt of the above,
the Planning Board shall review the above-described site plan and
make specific recommendations as to approval with conditions or denial
of the transitional zone request made to the Town Board. Further,
recommendations shall be made concerning uses, density, setbacks,
area and bulk requirements to be adopted for the targeted property.
D.
Public hearing. Upon receipt of the Planning Board's
recommendations and the various reports from the intramunicipal and
intermunicipal referrals, the Town Board shall set the request for
rezoning for a public hearing in accordance with the rules of the
Town Code.
E.
Authority of Town Board. The Town Board may deny,
modify and approve, approve or approve with conditions the request
for a transitional zone designation. The conditions of the rezoning
shall run with the land for so long as the transitional zoning designation
remains in effect. In approving a rezoning request or approving a
request with modification or conditions, the Town Board shall make
findings that the following criteria have been met:
(2)
The use of the site is compatible with all adjacent
land uses and will not adversely affect the continued use of adjacent
properties as presently zoned.
(3)
The use is compatible with the environmental constraint
of the site.
(4)
The use of the site cannot be accommodated by the
existing zoning or by an existing zoning classification.
(5)
The targeted site is not economically developable
under the existing zoning designation.
(6)
Where the targeted site is abutting two distinctly
different zoning districts, the intensity of use of the site and/or
the planned density will not exceed the standards of use of the less
restrictively zoned abutting site.
(7)
Where the targeted site is abutting a major traffic
route and buffers residential uses, the intensity of use of the site
and/or the planned density will not exceed the standards of use of
the most restrictive nonresidential zoning district as exists under
this Code which otherwise could be applied to the site.
