Message from the Mayor: Proposed change to Zoning Code language
Posted on: June 14, 2017 - 3:14pm
Fellow Residents –
The Board is continuing public comment next meeting on changes to the Zoning Code to extend language on certain uses. I want to lay out the background here to set context and then describe what we are doing since this is a topic that may be of broad interest.
History
========
The Village adopted a Comprehensive Plan in 2010 (here) – the work of an appointed committee of dedicated volunteers. That document called for, among many things, rezoning large tracts by the gateways of the Village to protect the green character of the entryways to the Village. We accomplished that last year, in part by providing that the allowed density would be centrally clustered, thus preserving a maximum amount of green space at our entry corridors.
The Comprehensive Plan also recommends (page 95) updating the senior uses in the Zoning Code and providing different types of housing to allow senior to remain in the Village. While we updated the gateway zoning, due to time constraints, we left this zoning language issue for later. The Convalescent homes, homes for the aged and nursing homes (with and without general medical care) are allowed in many zone types by special permit (which means that a property owner must go through a process with the Planning Board or Zoning Board to develop that use in a way that ensures it is compatible with the neighborhood), the language is out-of-date regarding senior facilities. We added some definitions and uses when we created a new zone ten years ago (the “MUPDD” zone, done before the Comprehensive Plan), but the terms were still not fully updated and were provided only for the MUPDD zone. While traditional nursing homes still exist, that description no longer fits the range of uses that are now modern practice, such as assisted living, independent living or memory care facilities.
New Development Proposed
==========================
Two years ago, a developer (“Artis”) presented plans for developing property at the very south end of Warburton into a memory care facility. Later last year, the Andrus Nursing Home approached the Village interested in adding independent living facilities to their property. While both uses are similar to the “nursing home” use allowed for both properties, neither was quite that and both would have required zoning amendments. Since the Board of Trustees had previously discussed updating the zoning language describing senior uses, and it was in the Comprehensive Plan, we decided to proceed on our own as we want to do it rather than letting the developers drive the process. We also want to step back and address it coherently for the entire Village as we had originally planned years ago.
What we decided to do
====================
The Board decided to move ahead with amending the zoning code language pertaining to nursing homes by updating that language with current definitions of nursing homes, assisted living facilities, senior independent housing and more, provide new criteria for each, and identify where they would be permitted, primarily in certain residential zones (specifically, the R-20 and R-10 zones and certain multi-family zones.) The Board of Trustees proceeded to retain a planning consultant, Chazen Company, to assist us with this review. Chazen has proposed draft language for this modification. They have also completed an Environmental Assessment Form (“EAF”), which is part of what the NY State Environmental Quality Review Act requires. This Assessment (found here ) is required when a change may have an environmental impact. Not all changes to zoning necessarily do – this could.
Currently, in the zoning districts that would be affected by this change, there is no density restriction on Nursing Homes and the other use, “Nursing Homes Without Medical Care”, are restricted to 5 patients per acre. Neither of these permitted scenarios is realistic or responsive to such facilities as they are run now. Chazen relied on best practice to come up with new density levels. Assisted-Living Housing and Nursing Homes are similar to nursing homes in that they are low-impact uses. Except for emergency medical transport, these uses make very little demand on community services. They do not put children in the schools, they generate very little traffic and have relatively low impacts.
The zoning consultants identified every property that would be affected by a zoning change so we understand the extreme potential of any action. The consultant then estimated possible increased population and traffic that derive based on the assumption that most two-acre or larger lots will be converted to such facilities. It is safe to say that virtually none of those properties will ever be developed in that way. However, there are a few larger ones that could be at some point. The EAF is not a small document, so if you want to focus on the meat of the issue, the summary of the changes are on page 12, the summary of Chazen’s assessment of the proposed zone is on pages 14-15, and a comparison of the proposed language versus the existing zoning language can be found on pages 18-21.
Public Process
=============
The Board of Trustees has had the Chazen consultants appear and report on their progress and we posted the zoning language and Environmental Assessment Form on the village website. We had a public hearing last meeting and have continued the hearing, giving residents a chance to provide their input via email or at our next meeting. The Board of Trustees have also asked the Planning Board and Zoning Board to each review the proposed amendment and make recommendations that the Board can review. We will determine at the next meeting when we want to formally close the public hearing.
Once the public comment period is complete, we will review the input from the public and the Planning and Zoning Boards to determine what changes to the zoning language make sense and then vote on the amendment. Depending on the changes to be made, it may be necessary to re-open the public hearing and take additional comment.
It is important to remember that when a specific project is proposed in the future, it will have to go through site plan review (a process by which the Planning Board reviews the project), special permit review, and the State Environmental Quality Review Act (SEQRA) process specific to that project. Approving zoning language does not automatically approve any potential uses or projects.
If you have further questions after reading the document, please forward them to the Board at board@hastingsgov.org and we will seek to have them answered expeditiously.
Sincerely,
Peter Swiderski
Mayor