§ 331-80.1. PWDE-5 Planned Waterfront Development Extension Floating Zone., Article X. Floating Zones, Chapter 331. Zoning, Part II. General Legislation, Code of Ordinances, New Rochelle

Purpose: to extend inland certain uses, which are allowed by special permit under existing planned waterfront development zoning, found to help facilitate or support appropriate waterfront development without significant adverse impacts to the surrounding neighborhood character.

Eligibility. The Planned Waterfront Development Extension Zoning (PWDE-5) District is hereby established as a mixed-use floating zone with potential application to any property which meets all the following eligibility requirements:

(1)

The entire subject property must be located in a General Commercial Modified District (C-1M);

(2)

A portion of the subject property is located within 1,000 feet of the perimeter of an existing PWD-5 Zoning District;

(3)

The subject property is at least one acre in size.

Initiation. An owner of an eligible property or such other person as authorized by such owner may file a PWDE-5 rezoning application based on a proposed project. In addition to considering such voluntary application, the City Council may, on its own motion, rezone property to a PWDE-5 District. The City Council will be designated as lead agency for compliance with the requirements of § 8-0101 et seq. of the Environmental Conservation Law and the regulations promulgated thereunder by by the New York State Department of Environmental Conservation, which appear at 6 NYCRR Part 617 (the SEQRA regulations).

Procedure.

(1)

An application to rezone eligible property to a PWDE-5 District shall be done by formal petition for amendment pursuant to Article XVII of this Zoning Code and the SEQRA regulations. Along with its petition for zoning change, the applicant shall submit a conceptual plan and an environmental assessment of the potential impacts associated with the proposed project to the satisfaction of the City Council, as lead agency, in accordance with the SEQRA regulations. At a minimum, this environmental evaluation shall include:

(a)

A long environmental assessment form completed pursuant to the SEQRA regulations;

(b)

A detailed traffic impact analysis;

(c)

A detailed analysis of impacts on aesthetic resources, view sheds, and neighborhood character;

(d)

A detailed analysis of impacts on critical environmental areas, particularly as related to water quality; and

(e)

An analysis of how the proposed rezoning and proposed project will help facilitate or support potential or proposed waterfront development in the nearby area.

(2)

An application for site plan approval shall be made to the Planning Board to develop any property the City Council rezones to PWDE-5.

PWDE-5 District use and bulk standards.

(1)

The following uses shall be permitted in the PWDE-5 District as a combination of residential and nonresidential uses only:

(a)

One-family attached and detached dwellings.

(b)

Two-family dwellings.

(c)

Multifamily dwellings.

(d)

Retail sales and service establishments.

(e)

Enclosed restaurant with outdoor dining, provided such outdoor dining is at least 50 feet from any residential lot in a residentially zoned district and is screened and/or fenced in a form acceptable to the Planning Board and in accordance with § 331-95 of the Zoning Code.

(f)

Inn, bed-and-breakfast, hotel.

(g)

Business, professional or government offices.

(h)

Greenhouse, nursery, arboretum.

(i)

Municipal uses.

(j)

Martial arts studios, dance studios and aerobic exercise studios of not more than 2,500 square feet.

[Added 10-16-2012 by Ord. No. 171-2012]

(2)

Permitted accessory uses:

(a)

Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.

(3)

Minimum property size and location.

(a)

Minimum property size: one acre.

(b)

Proximity to existing PWD-5: A portion of the parcel shall be at least 1,000 feet from the perimeter of an existing PWD-5 Zone.

(4)

Dimensional requirements.

(a)

The maximum building height is 35 feet; except that on a property which has grade changes, a building may be built up to five stories in height where the difference in elevation between the elevation of the highest existing sidewalk along the subject property and the highest point of the roof of such building, if the roof is flat or mansard, or the difference in elevation between such highest existing sidewalk and the mean elevation between the eaves and the highest point of the roof of such building, if the roof is of any other type, does not exceed 35 feet.

(b)

The maximum permitted floor area ratio (FAR) is 1.0 for all residential and nonresidential uses combined.

(c)

Minimum lot area per dwelling unit: 1,750 square feet.

(d)

Maximum building coverage: 45%.

(e)

Maximum impervious surface coverage: 90%.

(f)

Other dimensionals shall be in accordance with the conceptual development plan submitted with the petition for rezoning and, if approved as to zoning, shall serve as the basis for site plan submittal to the Planning Board.

(5)

Parking and loading requirements.

(a)

Off-street parking and loading shall be provided in accordance with Article XIV of the Zoning Code.

(6)

Other requirements of the District.

(a)

The proposed development shall be designed to help facilitate or support potential or proposed mixed-use waterfront development within an existing PWD-5 District.

(b)

The proposed development shall provide mixed residential and nonresidential uses reflecting eligible properties' transitional nature and their connection to potential or proposed waterfront development.

(c)

That all structures, facilities, and public areas shall reflect a high-quality level of architectural expression and abundant landscaping shall be provided in order to achieve attractiveness, quality, and permanence.

(d)

Building facade, landscape and public area design shall be compatible with existing community character, improve streetscapes, and promote pedestrian circulation to and from the waterfront.

(7)

Sunset provision.

(a)

Any property rezoned to PWDE-5 pursuant to this section shall automatically revert to the original C-1M Zoning District and shall comply with the permitted uses allowed in such C-1M District, if, after 30 months from the date of the rezoning, a certificate of occupancy has not been issued for a mixed-use development substantially in conformance with the conceptual proposed project plan approved with the rezoning. Notwithstanding the foregoing, if such mixed-use development is over 60% complete within this thirty-month period, and the developer provides sufficient evidence to the City Council that it can complete the mixed-use development and obtain a certificate of occupancy within an additional 12 months, the PWDE-5 Zoning shall not revert to the C-1M Zoning if such development is completed within such additional 12 months.