welcome to the spring 2013 training session for st. lawrence county municipal planning boards and...
TRANSCRIPT
Welcome Welcome
to the Spring 2013 to the Spring 2013
Training Session for St. Training Session for St.
Lawrence County Lawrence County
Municipal Municipal
Planning Boards and Planning Boards and
Zoning Boards of AppealZoning Boards of Appeal
AgendaAgenda6:30 – 6:35 Introductions and Overview of Agenda 6:30 – 6:35 Introductions and Overview of Agenda
6:35 – 6:55 The Role of the Planning Board in 6:35 – 6:55 The Role of the Planning Board in reviewing Site Plans and Special reviewing Site Plans and Special
PermitsPermits
6:55 – 7:156:55 – 7:15 Tips for the ZBA in use and area Tips for the ZBA in use and area variance variance deliberations deliberations
7:15 – 7:257:15 – 7:25 Introduction of the case studies to be Introduction of the case studies to be discussed in the breakout groups discussed in the breakout groups
7:25 – 7:30 Break7:25 – 7:30 Break
7:30 – 8:00 Planning and Zoning Board breakout 7:30 – 8:00 Planning and Zoning Board breakout group discussion (case studies) group discussion (case studies)
8:00 – 8:25 Reporting on decisions made 8:00 – 8:25 Reporting on decisions made
Wrap-up and Additional Training ResourcesWrap-up and Additional Training Resources
The Planning Board -- Site The Planning Board -- Site PlansPlans
Site Plan defined:Site Plan defined:
A drawing, prepared in accordance A drawing, prepared in accordance with local specifications, that with local specifications, that shows the "arrangement, layout shows the "arrangement, layout and design of the proposed use and design of the proposed use of a single parcel of land."of a single parcel of land."
The Planning Board -- Site PlansThe Planning Board -- Site Plans
The role of the Planning Board is to approve, or deny The role of the Planning Board is to approve, or deny site plans. In deliberating some things to keep in site plans. In deliberating some things to keep in mind include:mind include:
1. Is the application complete?1. Is the application complete?-- Is it ready for review?-- Is it ready for review?-- Fees submitted-- Fees submitted-- Elements in local code met-- Elements in local code met
2. Know the calendar2. Know the calendar-- If a hearing is required when does it need to -- If a hearing is required when does it need to
be held?be held?-- Action needs to be taken 62 days after -- Action needs to be taken 62 days after
submission if submission if no hearing held no hearing held-- Is County Referral required? (County has 30 -- Is County Referral required? (County has 30
days to days to respond) respond)
The Planning Board -- Site The Planning Board -- Site PlansPlans
3. What should a good site plan look like?3. What should a good site plan look like?
Legal data (tax map #, owner name, date, Legal data (tax map #, owner name, date, north arrow, scale)north arrow, scale)
Parking configurationParking configuration Means of access (and egress)Means of access (and egress) Screening and landscapingScreening and landscaping SignsSigns LightingLighting Snow storageSnow storage Location/dimension of buildingsLocation/dimension of buildings Adjacent land uses and featuresAdjacent land uses and features
Site Plan ExamplesSite Plan Examples
Site Plan ExamplesSite Plan Examples
Site Plan ExamplesSite Plan Examples
Special Use PermitsSpecial Use Permits
SUP defined: SUP defined: ““The authorization of a particular The authorization of a particular
land use that is permitted in a land use that is permitted in a zoning law subject to specific zoning law subject to specific requirements that are imposed to requirements that are imposed to assure that the proposed use is in assure that the proposed use is in harmony with the immediate harmony with the immediate neighborhood and will not neighborhood and will not adversely affect surrounding adversely affect surrounding properties”properties”
Special Use PermitsSpecial Use PermitsSUPs offer an additional layer of protection for uses SUPs offer an additional layer of protection for uses
that are less compatible such as:that are less compatible such as:
--agricultural uses in residential zones--agricultural uses in residential zones--home occupations--home occupations--small rural businesses--small rural businesses--group dwellings--group dwellings--bar/restaurants--bar/restaurants--auto service and repair--auto service and repair
Special Use PermitsSpecial Use Permits
Common SUP conditions include:Common SUP conditions include:
--minimum lot sizes, lot coverage & setbacks--minimum lot sizes, lot coverage & setbacks
--buffering to address lighting, noise, odor --buffering to address lighting, noise, odor etc.etc.
--sales limitations for businesses --sales limitations for businesses
--number of employee restrictions--number of employee restrictions
--traffic impacts (parking, access, etc.)--traffic impacts (parking, access, etc.)
-- limited change in appearance-- limited change in appearance
Special Use PermitsSpecial Use PermitsThe role of the Planning Board in reviewing The role of the Planning Board in reviewing
SUPs is to ensure that all conditions listed SUPs is to ensure that all conditions listed in the code are addressedin the code are addressed
The calendar is important to keep in mind The calendar is important to keep in mind for SUPs as well – public hearings are for SUPs as well – public hearings are requiredrequired within 62 days of submission within 62 days of submission and a decision 62 days after the hearingand a decision 62 days after the hearing
County review may be necessaryCounty review may be necessary
Conditions of ApprovalConditions of Approval Site plans, special permits and Site plans, special permits and
subdivisions can have conditions attachedsubdivisions can have conditions attached
Condition: Condition: A requirement or qualification A requirement or qualification that is attached to the approval of a that is attached to the approval of a project. Must be satisfied before issuing a project. Must be satisfied before issuing a building permit or certificate of building permit or certificate of occupancy. (NYMIR Web Glossary)occupancy. (NYMIR Web Glossary)
The goal is to balance the applicant’s The goal is to balance the applicant’s development interest and protecting the development interest and protecting the community from adverse impactscommunity from adverse impacts
Limitations to ConditionsLimitations to Conditions
They must be rational, reasonable, They must be rational, reasonable, and related to the project in questionand related to the project in question
They must relate to the “use and not They must relate to the “use and not the user” and cannot regulate the user” and cannot regulate “details of the operation.”“details of the operation.”
Use & Area VariancesUse & Area Variances
Occurs in communities with zoningOccurs in communities with zoning Applicant seeking an exception from Applicant seeking an exception from
the rule:the rule: Establish a use that isn’t allowed (use Establish a use that isn’t allowed (use
variance)variance) A reduction in a dimensional A reduction in a dimensional
requirement (area variance)requirement (area variance) Provides relief from strict application Provides relief from strict application
of the lawof the law
Zoning Board of AppealsZoning Board of Appeals
Variances granted by a ZBAVariances granted by a ZBA
Can also conduct interpretations if an Can also conduct interpretations if an applicant and CEO disagree on applicant and CEO disagree on understanding of definition or understanding of definition or regulationregulation
The ZBA does not review Planning The ZBA does not review Planning Board decisions!Board decisions!
Use VariancesUse Variances
Property must demonstrate hardship Property must demonstrate hardship by satisfying each of the legal tests:by satisfying each of the legal tests:
No reasonable return on the propertyNo reasonable return on the property Hardship is uniqueHardship is unique Will not alter essential character of Will not alter essential character of
neighborhoodneighborhood Hardship is not self-createdHardship is not self-created
Area VariancesArea Variances
Examine balance of interest through Examine balance of interest through five considerations: five considerations:
Undesirable change to neighborhoodUndesirable change to neighborhood Can an alternative be achievedCan an alternative be achieved Whether variance is substantialWhether variance is substantial Negative impacts to environmentNegative impacts to environment Is hardship self-createdIs hardship self-created
The Referral ProcessThe Referral Process
GML Section 239m/n:GML Section 239m/n:
If a county planning agency or If a county planning agency or regional planning council regional planning council exists, application materials exists, application materials must be referred must be referred beforebefore taking final action on the taking final action on the proposal.proposal.
What is ReferredWhat is Referred
GML Section 239m 3(a):GML Section 239m 3(a):(i) (i) adoption or amendment of a adoption or amendment of a
comprehensive plancomprehensive plan(ii) (ii) adoption or amendment of a zoning adoption or amendment of a zoning
ordinance or local law;ordinance or local law;(iii)(iii) issuance of special use permits;issuance of special use permits;(iv)(iv) approval of site plans;approval of site plans;(v)(v) granting of use or area variances;granting of use or area variances;(vi)(vi) other authorizations which a referring other authorizations which a referring
body may issue under the provisions of body may issue under the provisions of any zoning ordinance or local law.any zoning ordinance or local law.
Features that Trigger Features that Trigger ReferralReferral
Within 500’ of:Within 500’ of: Municipal boundary;Municipal boundary; County/State park or recreation area;County/State park or recreation area; County/State road or right of way;County/State road or right of way; County stream or drainage channel;County stream or drainage channel; County/State land with public facility;County/State land with public facility; A farm operation in an Ag DistrictA farm operation in an Ag District
Project Referral MapsProject Referral Maps
Case StudiesCase Studies
Planning Boards:Planning Boards: Site PlanSite Plan Special Use PermitSpecial Use Permit
Zoning Boards of Appeal:Zoning Boards of Appeal: Area VarianceArea Variance Use VarianceUse Variance
Site Plan Case StudySite Plan Case Study Applicant proposes to construct an 18,424 Applicant proposes to construct an 18,424
sq. ft. 3 story, 97 room hotelsq. ft. 3 story, 97 room hotel
The hotel is located in a B-1 zone and is The hotel is located in a B-1 zone and is permitted after site plan reviewpermitted after site plan review
All fees have been paid and the All fees have been paid and the application is complete and ready for application is complete and ready for review at your next meetingreview at your next meeting
Site Plan Case StudySite Plan Case StudySite considerations may include:Site considerations may include:
Internal circulation (a study suggested Internal circulation (a study suggested internal access roads to provide secondary internal access roads to provide secondary entrances for uses in the B-1 zone be entrances for uses in the B-1 zone be considered)considered)
Pedestrian accessPedestrian access
Snow storageSnow storage
Parking (112 spaces are required)Parking (112 spaces are required)
LightingLighting
Special Use Permit Case Special Use Permit Case StudyStudy
Applicant proposes to reuse an Applicant proposes to reuse an existing repair garage for an ATV and existing repair garage for an ATV and Snowmobile repair shopSnowmobile repair shop
Applicant has submitted all Applicant has submitted all paperwork and job of the Planning paperwork and job of the Planning Board is to ensure that applicant Board is to ensure that applicant meets specific standardsmeets specific standards
Special Use Permit Case Special Use Permit Case StudyStudy
Specific StandardsSpecific Standards 1 acre minimum lot size1 acre minimum lot size 150 feet of lot frontage150 feet of lot frontage Use must be 200 feet away from any lot Use must be 200 feet away from any lot
occupied by a residence, school, religious occupied by a residence, school, religious institution, hospitalinstitution, hospital
Bulk fuel storage must meet state regs and Bulk fuel storage must meet state regs and be at least 35 feet from any property linebe at least 35 feet from any property line
No exterior storage of dismantled vehicles is No exterior storage of dismantled vehicles is permitted for a period of more than 10 dayspermitted for a period of more than 10 days
No exterior storage of disabled vehicles is No exterior storage of disabled vehicles is permitted for a period of more than 30 dayspermitted for a period of more than 30 days
Area Variance Case Area Variance Case StudyStudy
Applicant is seeking area variance to Applicant is seeking area variance to exceed maximum height limit by 4’ 6”exceed maximum height limit by 4’ 6”
Max height in B-1 zone: 3 stories or 40’Max height in B-1 zone: 3 stories or 40’
Hotel parapet will reach 44’ 6”Hotel parapet will reach 44’ 6”
Use Variance Case StudyUse Variance Case Study Applicant seeking a use variance to Applicant seeking a use variance to
allow 5-unit apartment building with allow 5-unit apartment building with ground floor apartmentsground floor apartments
Building is a former hotelBuilding is a former hotel
Located in the Commercial-Highway Located in the Commercial-Highway zonezone
The PropertyThe Property Three-story buildingThree-story building
If approved: 2 apts on ground floor, 2 If approved: 2 apts on ground floor, 2 apts on 2apts on 2ndnd floor, 1 apt on 3 floor, 1 apt on 3rdrd floor floor
Commercial-Highway zone: Areas Commercial-Highway zone: Areas appropriate for heavy commercial & appropriate for heavy commercial & light industrial uses.light industrial uses.
4-Unit dwellings allowed via SUPs4-Unit dwellings allowed via SUPs
The NeighborhoodThe NeighborhoodSurrounding uses: Surrounding uses: Single family residences, auto repair Single family residences, auto repair
shop, trucking terminal, and public shop, trucking terminal, and public parkpark
Ground floor apartments prohibited by Ground floor apartments prohibited by Town Board in April, 2009Town Board in April, 2009
5 Minute Break5 Minute Break
Other Training ResourcesOther Training Resources
http://www.dos.ny.gov/lg/http://www.dos.ny.gov/lg/onlinetraining/interactive.htmlonlinetraining/interactive.html
Local Government Conference, Tuesday, Local Government Conference, Tuesday, October 15, 2013, SUNY PotsdamOctober 15, 2013, SUNY Potsdam
County Planning Office, 379-2292County Planning Office, 379-2292
http://geoserving.net/stlawrence/http://geoserving.net/stlawrence/
http://www.dos.ny.gov/lg/http://www.dos.ny.gov/lg/onlinetraining/interactive.htmlonlinetraining/interactive.html
Local Government Conference, Tuesday, Local Government Conference, Tuesday, October 15, 2013, SUNY PotsdamOctober 15, 2013, SUNY Potsdam
County Planning Office, 379-2292County Planning Office, 379-2292
http://geoserving.net/stlawrence/http://geoserving.net/stlawrence/