CITY OF PEEKSKILL COMMON COUNCIL PEEKSKILL, NEW YORK AGENDA BILL DEPT. OF ORIGIN: PLANNING AND DEVELOPMENT DATE SUBMITTED:

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1 CITY OF PEEKSKILL COMMON COUNCIL PEEKSKILL, NEW YORK AGENDA BILL SUBJECT: ADOPTING LOCAL LAW TO AMEND ZONING REQUIREMENTS REGARDING RESIDENTIAL UNITS AND ARTIST LOFTS IN THE C-2 AND C-3 DISTRICTS FOR AGENDA OF: AGENDA # DEPT. OF ORIGIN: PLANNING AND DEVELOPMENT DATE SUBMITTED: DEPARTMENT MICHAEL WELTI, AICP HEAD: EXHIBITS: PROPOSED LOCAL LAW APPROVED AS TO FORM BY CORPORATION COUNSEL APPROVED BY COMPTROLLER APPROVED BY CITY MANAGER FOR SUBMISSION EXPENDITURE REQUIRED $ $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $ $0 SUMMARY STATEMENT THIS RESOLUTION WILL ISSUE A NEGATIVE DECLARATION UNDER SEQRA AND ADOPT A LOCAL LAW THAT AMENDS THE ZONING ORDINANCE REGARDING RESIDENTIAL UNITS AND ARTIST LOFTS IN THE C-2 AND C-3 DISTRICTS. RECOMMENDED ACTION APPROVE THE RESOLUTION TO ISSUE A NEGATIVE DECLARATION UNDER SEQRA AND TO ADOPT THE LOCAL LAW. MOVED BY: SECONDED BY: MAYOR CATALINA DEPUTY MAYOR CLAXTON COUNCILWOMAN TALBOT COUNCILMAN RIGGER ROLL CALL VOTE COUNCILWOMAN MCKENZIE COUNCILMAN TORRES COUNCILMAN VESCE

2 RESOLUTION ADOPTING LOCAL LAW 6 OF 2014 LOCAL LAW 6 OF 2014 AMENDING THE CITY OF PEEKSKILL ZONING ORDINANCE REGARDING RESIDENTIAL UNITS AND ARTIST LOFTS IN THE C-2 AND C-3 DISTRICTS AND ISSUING A NEGATIVE DECLARATION UNDER SEQR FOR THE PROPOSED ACTION WHEREAS, the Peekskill BID s 2013 proposal, based on several months of research and stakeholder outreach, called for residential zoning reforms to promote renewed investment and economic development in downtown Peekskill; and WHEREAS, on February 6, 2014 the Department of Planning and Development, hosted a public meeting in the Nutrition Dining Room at the Neighborhood Center to discuss how the City could give all people the opportunity to live in downtown Peekskill, while continuing to support the arts; and WHEREAS, in general, attendees at the public meeting acknowledged that the time had come to open up the downtown to more residents and that this would benefit businesses and artists in Peekskill; and WHEREAS, following the meeting in February, the Department of Planning and Development prepared a draft zoning amendment for the C-2 Central Commercial District that is based on the WF-2 (Waterfront) District where both standard residential and artist loft units are permitted. The proposed amendment allows upper floor residential units and includes a density bonus for the creation of artist lofts in new mixed-use buildings downtown. It also allows artist lofts in the C-3 General Commercial District, expanding the areas where artist lofts are permitted in the City; and WHEREAS, to accomplish this, the Common Council must adopt a local law amending sections of the City s zoning ordinance; and WHEREAS, pursuant to Article XII of the zoning ordinance the Common Council must hold a public hearing on the proposed local law, must refer the proposed zoning amendment to the Planning Commission for a recommendation, must refer the proposed local law to the Westchester County Planning Board in accordance with Section 451 of Article 15 of the Westchester County Administrative Code, and must consider potential environmental impacts in accordance with the State Environmental Quality Review Act (SEQRA) prior to taking action; and

3 WHEREAS, the Common Council held a public hearing on the proposed local law on June 23, July 14, and August 11, 2014 and many public comments were received and considered by the Council; and WHEREAS, the Westchester County Planning Board provided a positive recommendation on the proposed local law on June 16, 2014; and WHEREAS, on July 8, 2014 the Planning Commission voted unanimously to forward a favorable recommendation to the Common Council on the proposed zoning amendment and provided several suggestions for the Council s consideration; and WHEREAS, the Department of Planning and Development prepared a Revised Draft Local Law that incorporated suggestions from the public hearing and the Planning Commission and presented the Revised Draft to the Council for discussion on September 2, 2014; and WHEREAS, the Common Council held a public hearing on the Revised Draft Local Law on September 22, 2014, and WHEREAS, said Local Law has been on the desks of the members of the Common Council in its final form for at least seven (7) days, exclusive of Sundays; and WHEREAS, staff has recommended that the Common Council, as the Lead Agency, consider the adoption of the proposed local law as a Type 1 Action under SEQR and after preparing a Full EAF for the Common Council s consideration has concluded that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared NOW, THEREFORE, BE IT RESOLVED, that the Common Council, as Lead Agency determines that adoption of Local Law 6 is a Type 1 Action under SEQR; and finds that the proposed action will have no significant adverse impacts on the environment, determines that an Environmental Impact Statement need not be prepared, and does hereby issue a Negative Declaration under SEQR; and be it further RESOLVED, that said Local Law be and the same is hereby adopted and shall be known as Local Law 6 for the year 2014 in the City of Peekskill.

4 LOCAL LAW 6 OF 2014 AMENDMENT TO SECTION B(3) OF THE CITY OF PEEKSKILL ZONING ORDINANCE CHANGING REQUIREMENTS FOR ARTIST LOFTS IN THE C-2 CENTRAL COMMERCIAL DISTRICT; AND AMENDMENT TO SECTION B OF THE CITY OF PEEKSKILL ZONING ORDINANCE ADDING UPPER FLOOR DWELLING UNITS AS A SPECIAL PERMIT USE BY THE PLANNING COMMISSION IN THE C-2 CENTRAL COMMERCIAL DISTRICT; AND AMENDMENT TO SECTION B OF THE CITY OF PEEKSKILL ZONING ORDINANCE ADDING MIXED-USE BUILDING (NEW CONSTRUCTION) AS A SPECIAL PERMIT USE BY THE PLANNING COMMISSION IN THE C-2 CENTRAL COMMERCIAL DISTRICT; AND AMENDMENT TO SECTION G(2) OF THE CITY OF PEEKSKILL ZONING ORDINANCE ADDING UPPER FLOOR DWELLING UNITS TO THE LIST OF OFF-STREET PARKING REQUIREMENTS IN THE C-2 CENTRAL COMMERCIAL DISTRICT; AND AMENDMENT TO SECTION B(1) OF THE CITY OF PEEKSKILL ZONING ORDINANCE ADDING ARTIST LOFTS AS A SPECIAL PERMIT USE BY THE PLANNING COMMISSION IN THE C-3 GENERAL COMMERCIAL DISTRICT; AND AMENDMENT TO SECTION B(2)(a) OF THE CITY OF PEEKSKILL ZONING ORDINANCE PERTAINING TO PERFORMANCE STANDARDS IN THE C-3 GENERAL COMMERCIAL DISTRICT; AND AMENDMENT TO SECTION B(2) OF THE CITY OF PEEKSKILL ZONING ORDINANCE ADDING SUBSECTION (j) PERTAINING TO REQUIREMENTS FOR ARTIST LOFTS IN THE C-3 GENERAL COMMERCIAL DISTRICT; AND AMENDMENT TO SECTION H(1) OF THE CITY OF PEEKSKILL ZONING ORDINANCE ADDING ARTIST LOFTS TO THE LIST OF OFF-STREET PARKING REQUIREMENTS IN THE C-3 COMMERCIAL DISTRICT; AND AMENDMENT TO SECTION OF THE CITY OF PEEKSKILL ZONING ORDINANCE ADDING DEFINITIONS FOR DWELLING UNITS, UPPER FLOOR AND GROUND FLOOR BE IT ENACTED by the Common Council of the City of Peekskill as follows: Section 1: Section B(3) of the City of Peekskill Zoning Ordinance is hereby B. Uses subject to issuance of special permit. The following uses are permitted subject to issuance of a special permit by the Director of Planning upon authorization by the Common Council or, where indicated, by the Planning Commission, in accordance with the provisions of herein and subsequent approval by the Planning Commission of a site plan in accordance with herein. [Amended by L.L. No ; by L.L. No ] (3) Artist lofts. (a) When an action will result in one building containing five or more artist lofts, the artist loft shall be subject to the issuance of a special permit by the Planning Commission. [Amended by L.L. No ] (b) Development standards.

5 [1] No artist loft may exist on the first floor of the structure in which it is located. This provision may be waived by the Planning Commission only if all of the following conditions are satisfied: [a] That artist loft is arranged in such a fashion that the residential portion is located on the second floor of the building. [b] That retail functions occur on the first floor of the artist loft. [c] That the appearance of the loft from the street shall be consistent with the retail nature of the surrounding area. [d] That the entrance to the artist loft, including retail, studio and residential areas, is exclusive and shall not be shared with any other use in the building. [2] Each artist loft shall be separated from other artist lofts or other uses within a particular building. Access to artist lofts may be provided from common access areas, halls or corridors. [3] Each artist loft must be individually equipped with an enclosed bathroom containing a bathroom sink, water closet, shower and appropriate venting. [4] Each artist loft must be individually equipped with a kitchen that contains a four-burner stove and oven, with a range hood vented to the exterior of the unit. Each unit must provide a minimum of five feet of countertop, a kitchen sink, and a minimum of 10 linear feet of storage cabinetry. Each unit must contain a garbage compactor and garbage disposal unit. [5] Each artist loft must contain a livable floor area of no less than 800 square feet. [6] No more than 30% of the livable floor area of the artist loft may be devoted to residential space. In no event may said residential area exceed 600 square feet. [a] Direct access between living and working areas must be provided, and no separate access/egress to the residential area is permitted except for emergency access/egress. [7] Sprinkler systems must be provided in all common hallways and areas of any building containing an artist loft if the loft contains only one legal means of egress. Hard-wired smoke detectors with battery backups must be provided for all units. (c) Other requirements. [1] In order to ensure that the use is compatible with the other nearby uses, artist lofts shall not be used for storage of flammable liquids or hazardous materials; welding; or any open-flame work. Further, the creation of art shall be so conducted as not to cause noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt or electrical disturbance which is perceptible by the average person located within the first-floor space or any other commercial or residential unit within the structure or beyond any lot line. [2] The artist loft must be occupied by at least one person who is certified as an artist by the City s Artist Certification Committee. [3] The artwork that is to be created within the artist loft must be compatible with other uses which occur or are to occur within the building in which the artist loft is to be located. [4] No more than one person per 300 square feet of residential floor area may reside within an artist loft. [5] Up to three nonresident employees may be employed within an artist loft. This requirement may be waived for artist lofts that occur on the first floor of a structure that provide retail space on that first floor. [6] Other than in a first-floor retail-oriented area, articles offered for sale within an artist loft must include those produced by the artist occupying said artist loft and may be offered with other like items. [7] Air conditioners, clotheslines and other objects or equipment shall be prohibited from projecting from any window that is visible from a public street. [8] One flush-mounted nonilluminated sign attached adjacent to or near the street entrance door to the artist loft may be used to identify the artist. This sign may list only the name of the artist with a one- or two-word description of the type of artwork or craft that is to be conducted within the artist loft. Where two or more artist lofts occur within the same building, the signs must be placed in an orderly fashion in relation to each other and must be part of a coherent directory in which signs are ordered in a horizontal fashion.

6 [9] Work space and accessory residential space shall not be rented separately or used by persons other than those people legally residing within the artist loft. [10] A minimum of one off-street parking space per artist loft must be provided on site. This requirement may be waived pursuant to G, Note 1, with the further requirement that the applicant obtain and maintain an annual parking permit in a designated municipal off-street parking facility. Section 2: Section B of the City of Peekskill Zoning Ordinance is hereby (10) Upper Floor Dwelling Units in Existing Buildings subject to approval of a special permit by the Planning Commission, or where indicated below, by the Common Council. (a) Standards [1] The portion of the building used for residential purposes shall have an entrance that does not require access through the portion of the building used for non-residential purposes, other than by means of a common lobby. [2] Minimum residential dwelling unit floor area shall be 600 square feet. [3] Each unit must contain a garbage compactor and garbage disposal unit. (b) Approval of a Special Permit by the Common Council shall be required for any Upper Floor Dwelling Unit proposed to be created from the conversion of existing Artist Loft space. Section 3: Section B of the City of Peekskill Zoning Ordinance is hereby (11) Mixed-use Buildings (New Construction) subject to approval of a special permit by the Planning Commission (a) Standards [1] Ground floors of mixed-use buildings shall be used for non-residential purposes only. Otherwise, allowed uses shall be the same for the ground floor as they are elsewhere in the C-2 District. Active commercial uses - such as retail stores, restaurants, art galleries, etc. are strongly preferred for the ground floor of mixed-use buildings. [2] Minimum dwelling unit floor area shall be 600 square feet. The average dwelling unit floor area within a single building shall not be less than 900 square feet per unit. [3] The portion of the building used for residential purposes shall have an entrance that does not require access through the portion of the building used for non-residential purposes, other than by means of a common lobby. [4] Each dwelling unit must contain a garbage compactor and garbage disposal unit. This requirement may be waived by the Planning Commission if a suitable alternative is proposed. [5] Lot and building requirements shall be the same as elsewhere in the C-2 District, except: [a] Maximum floor area ratio: 3.6 [b] Maximum height: 50 feet, 4 stories (above ground) [c] At the discretion of the Planning Commission, maximum floor area ratio can be increased to 4.5, and maximum building height increased to 65 feet (5 stories, above ground), for mixed-use buildings in which at least one full story is developed as Artist Lofts subject to the development standards outlined in B (3)(b) and (c). The Planning Commission shall ensure that any Artist Loft created in exchange for this density bonus shall remain an Artist Loft for a period of not less than ten (10) years. [6] Off-street parking. In addition to the requirements in G, off-street parking provided for new mixed-use buildings shall be located below ground, inside the building, or in the rear portion of the lot, and shall not be visible from

7 the street (except for the location of ingress/egress), to the maximum extent practicable. Section 4: Section G(2) of the City of Peekskill Zoning Ordinance is hereby (2) The following off-street parking requirements shall apply: Use Required spaces Retail business Service business Banking office Restaurant Professional or business office not for a doctor or dentist Office of a doctor or dentist Funeral home Theater Manufacturing Day-care center or school-age child care Houses of worship 1 for each 300 square feet of gross floor area 1 for each 200 square feet of customer service area 3 for each person employed therein as a teller 1 for each 100 square feet of patron use area 1 for each 300 square feet of gross floor area exclusive of bulk storage and utility areas or 1 per employee, whichever is greater 4 for each doctor or dentist, plus 1 for each 2 employees 1 for each 60 square feet of floor area available for public use 1 for each 4 seats 1 for each employee on the largest work shift or 1 per 300 square feet of gross floor area, whichever is greater As a principal use, 1 parking space per 10 on the maximum shift plus 1 parking space per employee on the maximum shift; as an accessory use, 1 parking space per employee on the maximum shift 1 per four seats Museum 1 for each 1,000 square feet of gross floor area plus 1 per employee on the maximum shift Libraries School, business Upper Floor Dwelling Units Uses not listed 1 for each 500 square feet of gross floor area plus 1 per employee on the maximum shift 1 for each two classroom seats plus 1 per staff member on the maximum shift 1.25 for a one-bedroom unit, 1.5 for a two-bedroom unit, and 2.0 for a three-bedroom (or greater) unit As determined by the Planning Commission to be needed to prevent frequent parking on the street by persons visiting or connected with each such use Section 5: Section B(1) of the City of Peekskill Zoning Ordinance is hereby B. Special permit uses and performance standards. (1) Uses subject to issuance of a special permit. The following uses are permitted pursuant to performance standards enumerated in B(2), and subject to the issuance of a special permit by the Director of Planning upon authorization of the Common Council or, where indicated, by the Planning Commission, in accordance with the provisions of

8 herein and subsequent approval by the Planning Commission of a site plan in accordance with herein: [Amended ; by L.L. No ] (m) Artist Lofts - pursuant to the performance standards enumerated in B(2)(j) and subject to the issuance of a special permit by the Director of Planning upon authorization of the Planning Commission. Section 6: Section B(2)(a) of the City of Peekskill Zoning Ordinance is hereby (2) Performance standards. In addition to bulk and area requirements provided in F hereof, the following criteria shall apply to special permit uses. Wherever any provision of this section shall be inconsistent with F, the following provisions of this B(2) shall be controlling: (a) A minimum lot size of 20,000 square feet shall be required for each special permit use, excluding laundromats regulated by Subsection B(2)(d) and (e) below; restaurants as described in B(1)(k) and regulated by Subsection B(2)(f) below; day-care center and school-age-child-care facilities as principal uses and as regulated by B(1)(b) above; and amusement centers as regulated by Subsection B(2)(h) below; and artist lofts as regulated by B(2)(j) below. [Amended ] Section 7: Section B(2) of the City of Peekskill Zoning Ordinance is hereby (j) Artist Lofts [1] No artist loft may exist on the first floor of the structure in which it is located. This provision may be waived by the Planning Commission only if all of the following conditions are satisfied: [a] The portion of the loft space primarily intended for residential use does not directly face the street. [b] The appearance of the loft from the street shall be consistent with the character of the surrounding area. [c] That the entrance to the artist loft, including retail, studio and residential areas, is exclusive and shall not be shared with any other use in the building. [2] Each artist loft shall be separated from other artist lofts or other uses within a particular building. Access to artist lofts may be provided from common access areas, halls or corridors. [3] Each artist loft must be individually equipped with an enclosed bathroom containing a bathroom sink, water closet, shower and appropriate venting. [4] Each artist loft must be individually equipped with a kitchen that contains a four-burner stove and oven, with a range hood vented to the exterior of the unit. Each unit must provide a minimum of five feet of countertop, a kitchen sink, and a minimum of 10 linear feet of storage cabinetry. Each unit must contain a garbage compactor and garbage disposal unit. [5] Each artist loft must contain a livable floor area of no less than 800 square feet. [6] No more than 49% of the livable floor area of the artist loft may be devoted to residential space. In no event may said residential area exceed 980 square feet. [a] Direct access between living and working areas must be provided, and no separate access/egress to the residential area is permitted except for emergency access/egress. [7] Sprinkler systems must be provided in all common hallways and areas of any building containing an artist loft if the loft contains only one legal means of egress. Hard-wired smoke detectors with battery backups must be provided for all units. [8] In order to ensure that the use is compatible with the other nearby uses, artist lofts shall not be used for storage of flammable liquids or hazardous materials; welding; or any open-flame work. Further, the creation of art shall be so conducted as not to cause noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt or electrical disturbance which is perceptible by the average

9 person located within the first-floor space or any other commercial or residential unit within the structure or beyond any lot line. [9] The artist loft must be occupied by at least one person who is certified as an artist by the City s Artist Certification Committee. [10] The artwork that is to be created within the artist loft must be compatible with other uses which occur or are to occur within the building in which the artist loft is to be located. [11] No more than one person per 300 square feet of residential floor area may reside within an artist loft. [12] Up to three nonresident employees may be employed within an artist loft. This requirement may be waived for artist lofts that occur on the first floor of a structure that provide retail space on that first floor. [13] Other than in a first-floor retail-oriented area, articles offered for sale within an artist loft must include those produced by the artist occupying said artist loft and may be offered with other like items. [14] Air conditioners, clotheslines and other objects or equipment shall be prohibited from projecting from any window that is visible from a public street. [15] One flush-mounted nonilluminated sign attached adjacent to or near the street entrance door to the artist loft may be used to identify the artist. This sign may list only the name of the artist with a one- or two-word description of the type of artwork or craft that is to be conducted within the artist loft. Where two or more artist lofts occur within the same building, the signs must be placed in an orderly fashion in relation to each other and must be part of a coherent directory in which signs are ordered in a horizontal fashion. [16] Work space and accessory residential space shall not be rented separately or used by persons other than those people legally residing within the artist loft. Section 8: Section H(1) of the City of Peekskill Zoning Ordinance is hereby (1) Off-street parking requirements are the same as for the Shopping Center C-1 District plus: Use Parking Requirement Wholesale and warehouse use Manufacturing Automobile repair facilities for light vehicles, minor repairs Day-care center or school-age child care 1 space per 500 square feet of gross floor area 1 space per 300 square feet of gross floor area or 1 space per employee on the largest shift, whichever is larger 1 for each employee on the maximum shift, plus 3 for each service bay, plus 1 for each vehicle used in operation of the facility As a principal use, 1 parking space per 10 children on the maximum shift plus 1 parking space per employee on the maximum shift; as an accessory use, 1 parking space per employee on the maximum shift Museum 1 for each 1,000 square feet of gross floor area plus 1 per employee on the maximum shift Libraries School, business Artist Lofts 1 for each 500 square feet of gross floor area plus 1 per employee on the maximum shift 1 for each 2 classroom seats plus 1 for each staff member on the maximum shift 1.25 per artist loft

10 Section 9: Section of the City of Peekskill Zoning Ordinance is hereby DWELLING UNITS, UPPER FLOOR - A dwelling unit that is located above the ground floor. GROUND FLOOR - The first floor of a building other than a cellar or basement. The first floor or floor level of any building above or on the same plane as the surface of the sidewalk. Section 10: Effective date This local law shall take effect immediately upon filing in the Office of the Secretary of State.