July 20, 2010

Many changes to the hamlet and commercial zoning

In an earlier post, I wrote that:

  • The hamlet zoning density blasted up from a little over four to as much as ten units per acre, while still specifying, well, little vision for what a hamlet should look like. They also pulled the hamlet designation from Etna and McLean, leaving it only in Varna. Perhaps they knew the new version wouldn't make Etna or McLean residents excited supporters of either the zoning or future water and sewer infrastructure.

  • The commercial zoning now supports residential densities cranked up much like those proposed for hamlets, and I'm not sure that's really what most people had in mind when commercial zones were discussed earlier. There's mixed use, and then there's apartment complexes. They're not the same thing.

The details of these are specified in a couple of tables. Originally, it was all in Section 600, which for Hamlet and Commercial zones looked like:

H - HamletCC - Commercial
Minimum lot size
With public sewer
and water facilities
10,000 sf10,000 sf
Without public
sewer and water
facilities
1 acre1 acre
Permitted DensityBased on minimum
lot size
Based on minimum
lot size
...Setbacks, frontage, lot width...
Maximum lot coverage
(%)
5025

There are 43,560 square feet in an acre, so this meant about 4.356 units/acre as a limit for both of these zones. The way to get more density than that would be through the "Optional Traditional Neighborhood Development Overlay District (OTNDO)" described in Section 801, which allowed up to 6 units/acre. The configuration of those units was nicely specified:

Within the overall residential density figures in this overlay zone, new construction is to be predominantly single-family detached residential on a variety of compact village/hamlet-scale lot sizes, which should range in area from 6,000 sq. ft. to 12,000 sq. ft. with an average lot size of 10,000 sq. ft. Up to 40% of new units may be in two-family or multiple-family dwellings. When two-family or multi-family dwellings are proposed, they shall be integrated architecturally and in scale so that they can be physically incorporated within the same streetscape as single-family dwellings, and not isolated from each other in separate areas.(38)

That sounds to me like a good recipe for building hamlets. I actually thought six units too low for an overlay district, and wrote the board to reconsider how they use those, but instead they seem to have changed the hamlet and commercial zone rules to crank up the density without providing that kind of vision. The table in Section 600 of the new draft looks like:

H - HamletCC - Commercial
Minimum lot size
With public sewer
and water facilities
10,000 sf10,000 sf
Without public
sewer and water
facilities
1 acre1 acre
Permitted DensitySee §605See §606
...Setbacks, frontage, lot width...
Maximum lot coverage
(%)
5025

Sections 605 and 606, which cover areas with water and sewer, are very similar tables, which I've combined below for easy comparison.

H - Hamlet §605CC- Commercial §606
Type of Development Units per Acre Remarks Dwelling Units
per Acre
Building Size/number per parcel
Multi-Family Rental, attached 8 Limit of 20 units per building.
60% Lot Coverage Limit.
8 No greater than 20 dwelling
units per building.
Multi-Family Townhome or Condominium 10 Limit of 20 units per building.
60% Lot Coverage Limit
10 No greater than 20 dwelling
units per building (or series of buildings).
Multi-Family Detached 8 Limit of 16 individual buildings per development.
60% Lot coverage limit.
6 No greater than 12 individual
buildings per parcel
Multi-Family Rental/Condominium, Over Commercial 6 Residential
PUD recommended
6 Residential
PUD recommended
8 Residential
Dwelling Units
PUD Recommended
No greater than 20 Residential
Dwelling Units per building.
PUD Recommended
Multi-Family Rental, Multi-Story 8 3 Story Maximum,
60% Green Space,
maximum 25 units per building.
8 3 Story Maximum,
60% lot coverage limit,
maximum 30 units
per building (or
series of buildings).
Multi-Family Condominium, Multi-story (greater than 3 stories,
over 70% of site left
in green space)
10 3 Story Maximum,
70% Lot Coverage Limit,
maximum 30 units per building.
10 3 Story Maximum,
60% Green Space,
maximum 30 units per building
(or series of buildings).
Individual Single Family Homes 4 70% Lot Coverage Limit 4 70% Green Space.
Mixed Projects Overall density
calculated by
ratio of
proposed uses.
PUD Recommended
3 Story Maximum,
60% Green Space,
maximum 30 units per building.
PUD Recommended
Overall density
calculated by
ratio of
proposed uses.
3 Story Maximum,
60% Green Space,
maximum 30 units per building
(or series of buildings).

It's hard to know where to begin, because so much has changed from "4.35 units per acre". The limits "per building" don't seem likely to accomplish much, but I'm guessing it's a way of nodding in the direction of the "multiunit developments should be limited to a maximum of 20 units" of the Comprehensive Plan without actually doing anything about it. They also sometimes recommend the use of PUD - Planned Unit Development Districts, §1000 of the draft - without requiring them.

The rest of it pretty much creates open season for larger denser development than currently exists in most of the Town, even in places where water and sewer are available. Granting these uses by right Explicitly allowing these uses means that the only real fallback against gigantic poorly-planned projects comes from the Special Use Permit process:

§501 In the H District any use that includes a structure or structures larger than 10,000 sf requires a Special Use Permit. In the CC and LIO Districts, any use that includes a structure larger than 20,000 sf requires a Special Use Permit. Agricultural structures directly related to an agricultural use shall be exempt from such size limits.

Giant uses (update: and more generally multi-family dwellings) still need a special permit, but they start on much firmer ground than they would have if the Town had, say, reserved the OTNDO for rezoning requests to create denser areas. (I'm a little surprised, given the doubling in density allowed in the Hamlet and Commercial zones, that OTNDO has stayed at a mere six units.)

There are also lots of map changes, expanding the commercial zone and shrinking the hamlet zone to a smaller piece of Varna.

(Note that there is a separate zone for Light Industrial/Office, mostly along Route 13 from the 13/366 overlap and west.)

My cynical side wonders if the higher densities in the hamlet are an effort to negotiate with Stephen Lucente over his Varna project's density. He wants 16, existing zoning permits 14.5, and this would allow him 10, plus a much more leisurely application process. I'm guessing that's not it, though. Building such negotiations into the zoning code is a bad idea, and it doesn't sound like a density Lucente is interested in. It does feel, unfortunately, like the Planning Board felt prodded to crank up the density after that proposal arrived.

Overall, this draft offers developers lots of opportunities to build higher density in places where residents won't have a whole lot of activity immediately available, along roads that already feel congested. Though it may derive from "nodal development" ideas, it looks a lot more like "lumpy sprawl".

Posted by simon at July 20, 2010 12:44 PM in , , , , ,
Note on photos

3 Comments

NYCO said:

Simon, can you clarify to me what they mean by "hamlet" here? Is this some sort of ad hoc zoning designation from the Town of Dryden, or are they using the official New York State designation of "hamlet"? (which doesn't really designate much of anything, actually?) Just curious.

They're using "hamlet" as a name for a certain kind of zoning applied to a certain list of parcels. These maps don't correspond at all to the signs the Department of Transportation has posted for the "Hamlet of Varna".

The Town has employed changing meanings of 'hamlet' in different documents. The 2005 Comprehensive Plan included Etna as a hamlet, as well as the Dryden side of McLean and the complicated development north of the Village of Dryden. Until this _draft_ of the zoning, both Etna and McLean were considered hamlets.

In practice, "hamlet" means "a place that's a place but isn't incorporated as a municipality, and therefore must hope for the kindness of strangers." Varna has more people, for instance, than the nearby Village of Freeville, but they have control over their own zoning and Varna doesn't.

I've written about that problem before, though. Within a mile or so of Varna, Forest Home and Hanshaw Road have similar "other people control our destiny" problems on a regular basis.

Dan Kwasnowski said:

Simon,
Very interesting. I sometimes wish I had the freedom to editorialize, but then decide it's better that I don't. At this point I'm simply an editor anyway.

Hamlet means little "let" village "ham." Although I like your kindness from "strangers" bit.

The densities currently are about a max of 16 units per acre.

The 10 units per acre in the current draft have nothing to do with Mr. Lucente's concept, although certainly a concept like that does make people think about it. Note, there is no proposal, only a concept. Until it hits paper in a meaningful way it means only a little to me, the proof is in the pudding.

Anyway, the densities were derived from actual developments that have occurred in CNY of varying types that seemed to be about the right size and character for any individual development. Of course local developments were considered as well, and there is an incentive built into the approach that favors owner occupied units over rentals.

The Commercial zone is essentially a mixed use zone, which is not a bad thing. You have to remember that the only commercial allowed is of a local service nature. So it makes sense to have some ability to locate people near the services. It also allows the market to function with a little more flexibility.

I convinced the PB to not map Etna and McLean as Hamlet because neither have any services, and the soils around Etna are such that any development really requires more infrastructure, and McLean is so small in the town, and there are very significant natural areas surrounding anything developable. Essentially to have the base zoning for these areas as a hamlet didn't seem to make sense with the more definition of a hamlet, however the OTNDO for Etna did seem to make sense. I'm not sure what to do with McLean because of the multiple jurisdictions, but it Hamlet certainly didn't make sense.

This is the difference between writing a plan, and drafting a code, things don't make sense no matter what the DOT calls them.

But, your analysis of the difference between an OTNDO and a hamlet is spot on, and I've asked the PB to consider possibly dropping the hamlet zone altogether, and mapping Varna with the overlay. Not sure where that will go, but for now they have decided to keep the Hamlet zone. This would be with an eye toward completing a more detailed plan for Varna with, obviously, significant participation from the community (like we'd have a choice!).

As a Chair of a Village Planning Board where some people in the town want us to dissolve, I know all about feeling like others are determining your fate.

As always, I appreciate your analysis. Hopefully I'll see you tomorrow night.