PLEASE TAKE NOTICE that a public hearing will be held before the Board of Trustees of the Village of Westhampton Beach at the Municipal Building, 165 Mill Rd, Westhampton Beach, New York, on the 3rd day of December 2020 at 5:00 o’clock p.m. via video conference or telephonically, for those without video conferencing capability, pursuant to the Governor’s Executive Orders 202 and 202.1, as extended by subsequent Executive Orders, which Orders allow public bodies to meet without permitting in-person access to amend Chapter 197, entitled “Zoning” of the Code of the Village of Westhampton Beach.
Be it enacted by the Trustees of the Village of Westhampton Beach as follows:
CHAPTER 197: ZONING
Article VIII: Special Exceptions
§197-80.8 Special exception conditions on nonresidential uses larger than 3,000 total square feet of gross floor area in the Business District 1 (B-1) zoning district. Special exception approval may be granted for nonresidential uses in excess of 3,000 total square feet of gross floor area in any building, up to a maximum of 10,000 total square feet of such gross floor area in any building (excluding unfinished basement and attic areas), except for a grocery store, which shall not exceed 35,000 total square feet of such gross floor area, subject to the following requirements:
A. Compliance with the standards outlined in § 197-16B(4)(h), in addition to all applicable requirements of this chapter.
B. The Village Trustees shall determine that the proposed use(s) will not have an undue adverse impact on the community. In making such a determination, the Village Trustees shall conduct or hire a consultant to conduct a market and municipal impact study, at the expense of the applicant. The study shall be completed within 90 days of receipt of all requested materials, and the applicant shall be afforded the opportunity to submit its own such study. The Village Trustees shall make such determination within 30 days of the Trustees’ formal acknowledgement of receipt of the study, which shall be done at the next available Trustee meeting after the receipt of the study. Such study shall include, but shall not be limited to, an analysis of the projected impact of the retail store(s) on:
(1) The existing local retail market, including market shares, if applicable.
(2) The supply and demand for local retail space.
(3) Local wages, benefits and employment.
(4) Revenues retained within the local economies of the Village of Westhampton Beach.
(5) Public service and facilities costs.
(6) Public revenues.
(7) Impacts on municipal taxes.
(8) Impacts on property values in the community.
(9) Effects on retail operations in the surrounding market area.
(10) Employee housing needs, if applicable.
(11) The Village of Westhampton Beach ability to implement its Comprehensive Plan consistent with the proposed project.
(12) Traffic study.
B. The Village Trustees shall determine whether the proposed use is consistent with the Village’s Comprehensive Plan and whether it will have an undue adverse impact on other properties or current uses within the neighborhood and the community. In making such a determination, in addition to the considerations set forth in §197-80, the Village Trustees shall consider:
(1) Whether the proposed use and design is consistent with the goals, spirit and intent of § 197-16A of the Village Code (Business District 1).
(2) Whether the design, scale and appearance of the buildings on-site are compatible with each other and with the neighborhood, adjacent properties, and the Business District, including a consideration of the materials used, roof pitch, variation in roof lines, façade, arrangement of windows and doors, and architectural style and details.
(3) Whether the project design addresses the anticipated traffic generated by the proposed use and ensures adequate traffic circulation, access to the property, public safety, and motorist and pedestrian convenience.
(4) Whether material deliveries and pickups can be performed on-site without hampering safe and efficient traffic circulation along adjoining streets, alleys, fire lanes, driveways and parking areas and without blocking fire hydrants or other critical infrastructures.
(5) Whether loading and unloading can be performed on-site exclusively in the back or side yards of the property, and if such loading areas are designed to be sensitive to adjacent residential properties.
(6) Whether adequate parking is provided on-site (one space per 250 square feet of Gross Floor Area) and screened from adjacent residential properties by incorporating shade trees and landscape features into the design.
(7) Whether buildings, site designs, and on-site activities are consistent with Chapter 110 of the Village Code (“Noise”) and incorporate appropriate measures to ensure that site activities and operations do not generate noise that adversely affects adjacent residential uses and districts.
(8) Whether the design includes transitional side and rear buffers to be installed and maintained by the nonresidential property owner along the property lines, including landscape plantings and a fence or berm.
(9) Whether the design includes outdoor lighting that is installed so that all light emitted does not shine on or illuminate any neighboring property.
(10) Whether a waste management plan is provided to ensure that the site is kept clean and free from litter and odors, and designed to be sensitive to adjacent residential properties.
C. The specific design standards and details of the project will be determined by the Planning Board as part of the site plan review process, but the following conditions will be required of any special exception approval:
(1) Where the property adjoins residentially-zoned land, a non-disturbance transitional yard setback and buffer zone shall be required along the sides and rear of the nonresidential property. The specific depth and conditions of the buffer shall be determined by the Planning Board based on the criteria set forth in § 197-63G(11), except that such depth shall be not less than 20 feet nor more than 40 feet. The Planning Board may require additional or alternative plantings and screenings beyond those required under § 197-63G(11)(c), including the installation of an opaque fence.
(2) Principal structures shall be set back 25 feet from any rear property line or a minimum of 5 feet from the required transition yards or buffers, whichever is greater. The Board of Trustees may but shall not be required to allow lesser setbacks when pre-existing, nonconforming buildings are incorporated into the proposed special exception use, and the Board finds that the use of such building setbacks shall not cause adverse impacts due to the proposed special exception use.
(3) Total coverage by buildings, structures, pavement and other impermeable surfaces shall not exceed 80% of the property.
(4) Whenever practical, the primary structure on the lot shall have its main entrance facing the principal street on which it is located.
(5) A traffic impact study shall be submitted to demonstrate that significant adverse traffic, parking, and circulation impacts will not occur from the proposed uses.
(6) All on-site service areas, such as unloading operations and garbage pickup, and facilities such as packer units, RPZ valves, LP tanks, transformers, condensers, mechanical equipment and HVAC units, shall be screened from streets, common driveways and adjacent properties by means of opaque screening in the form of fencing, berms or plantings, or a combination thereof, to a height of at least 6 feet. The details of such screening shall be subject to approval by the Planning Board during site plan review.
(7) Loading shall not be permitted in the front yard of the property. A loading plan shall be provided to and approved by the Planning Board during site plan review, and such plan shall, at a minimum, show the location of loading areas, design details, screening, lighting, hours of operation of loading facilities, truck access locations and on-site circulation, and methods for avoiding adverse noise impacts. Loading areas shall be designed to be sensitive to adjacent residential properties and recessed loading bays in the principal building are encouraged.
(8) Required parking shall be provided on-site at one space per 250 square feet of Gross Floor Area in accordance with footnote 1 of the “Schedule of Off-Street Parking Requirements” (197 Attachment 3) of the Village Code. A parking plan shall be provided to and approved by the Planning Board during site plan review, and such plan shall be made as unobtrusive as possible by incorporating shade trees and landscape features in the design, while respecting transition yard and buffer requirements.
(9) No outdoor storage of materials, equipment or supplies shall be permitted on the site. Outdoor sales, dining, tables, seating, benches and/or music shall not be permitted unless (a) the location thereof has been incorporated into any approved site plan by the Planning Board and (b) the applicable permits under Chapter 140 and/or Chapter 196 of the Village Code have been obtained.
(10) Buildings, site designs, and on-site activities must be consistent with Chapter 110 of the Village Code (“Noise”) and must incorporate appropriate measures to ensure that site operations and activities do not generate noise that adversely affects adjacent residential uses or districts.
(11) Outdoor lighting shall only be allowed pursuant to a detailed plan presented to and approved by the Planning Board as part of the site plan review. Such plan shall, at a minimum, comply with the following standards:
(a) No outdoor lighting shall be maintained or operated in such a manner to cause a nuisance. Nonresidential outdoor lighting shall be designed and installed so that all light emitted does not shine on or illuminate any neighboring property.
(b) All outdoor lighting fixtures shall be fully shielded and aimed downward.
(c) Outdoor lighting fixtures shall not be mounted on a building or structure higher than 12 feet from grade to the lowest light emitting part of the fixture (with the exception of fully recessed soffit lighting that otherwise complies with this article).
(d) Outdoor lighting fixtures may be mounted on a free-standing pole up to a height of 14 feet from the grade to the lowest light-emitting part, unless it is demonstrated that a higher mounting height would better accomplish the purpose of this article.
(e) Parking areas and vehicle/pedestrian circulation areas shall be lit at night only to the degree necessary to ensure safe and convenient access when the business is open. All lighting, with the exception of essential security lighting, shall be switched off ½ hour after the closing of the business and may not be turned on until ½ hour prior to opening.
(12) Signs shall meet the standards set forth in § 197-30 of the Village Code.
(13) A waste management plan shall be required to ensure that the site is kept clean and free from litter, vermin and odors. The details of such plan shall be presented to and approved by the Planning Board during site plan review but must include, at a minimum, details regarding dumpster location, method and design of screening, and days and times of garbage pickup. Waste receptacles shall be designed to be sensitive to adjacent residential properties and waste receptacles recessed within principal buildings are encouraged.
*Overstrike represents deletion(s)
*Underscore represents addition(s)
Dated: November 19, 2020
BY THE ORDER OF THE TRUSTEES OF THE VILLAGE OF WESTHAMPTON BEACH
ELIZABETH LINDTVIT, Village Clerk