TOWN BOARD OF THE TOWN OF MOUNT PLEASANT COUNTY OF WESTCHESTER: STATE OF NEW YORK ----------------------------------------------------------------------- X In the Matter of the Petition of BMR-LANDMARK AT EASTVIEW LLC, For Text Amendments to the Town of Mount Pleasant Zoning Code. PETITION FOR ZONING TEXT AMENDMENTS - OFFICE BUSINESS OB5 DISTRICT ----------------------------------------------------------------------- X BMR-Landmark at Eastview LLC ( BMR ) respectfully petitions the Town Board of the Town of Mount Pleasant (the Town Board ) for text amendments to Chapter 218, Zoning, of Code of the Town of Mount Pleasant (the Zoning Code ), as follows: I. INTRODUCTION 1. Pursuant to Section 218-109 of the Zoning Code, this Petition requests text amendments to various sections of the Zoning Code, including the Schedule of Regulations, Non-Residence Districts II (OB5 Office Business), certain provisions relating to standards governing development within the OB5 District, certain provisions relating to off-street parking and loading requirements and provisions relating to the duration of zoning permits and approvals. 2. The purpose of the requested amendments is to encourage appropriate and beneficial site utilization for parcels situated within the OB5 District through an adjustment of current standards. These amendments will also provide greater flexibility in site design. The amendments will allow for the development of sophisticated laboratory facilities, the use and implementation of environmentally prudent development and construction features and improvements particularly well-suited for research and development uses that have been
traditionally associated with parcels in the OB5 District. Taken together, the proposed text changes will further enhance the functionality and economic usefulness of parcels within the OB5 District in a manner consistent with the objectives of the Zoning Code. 3. BMR submits this Petition as the requested text amendments will allow certain real property that it owns, which is described below, to support additional, low intensity commercial use. This property is currently the site of a campus comprised of laboratory and accompanying office uses. II. THE PROPERTY 4. BMR is the owner of real property that consists of approximately eighty six (86.2109) acres, which is adjacent to New York State Highway 52/Route 9A and Old Saw Mill River Road (the Property ). The Property is located in the OB5 Office Business Zoning District, as defined and delineated by the Zoning Code and the Zoning Map of the Town of Mount Pleasant, respectively. 5. The Property is designated on the Tax Map of the Town of Mount Pleasant as three separate tax lots: Section 116.15, Block 1, Lots 2.1, 2.2 and 2.3. Each Lot consists of approximately 51.4383 acres, 18.4445 acres and 16.3281 acres, respectively. 6. Lots 2.1 and 2.2 are presently improved with several buildings and related improvements that collectively comprise a laboratory/research and development complex. It is a portion of lands commonly known as The Landmark at Eastview. Lot 2.3 is presently improved with a Home Depot and related improvements. 7. The Property (together with an adjacent tract in the Town of Greenburgh) is the former site of the headquarters of Union Carbide Corporation. Founded in 1920, Union Carbide Corporation was a leader in chemical and polymer research, development and production. At its -2-
zenith, Union Carbide Corporation developed the Property in an aesthetically bold fashion, which included such elements as the so-called Spine Building that connects the Town of Greenburgh and Town of Mount Pleasant portions of the site and traverses Old Saw Mill River Road. 8. Union Carbide Corporation utilized this site as an advanced laboratory and research complex. Thus, the Property has historically supported research and development uses and continues to be utilized for that purpose. 9. BMR acquired the Property (and the portion of the former Union Carbide Corporation headquarters and campus in the Town of Greenburgh) in 2007. An additional portion of the Property in the Town of Mount Pleasant (Lots 2.2 and 2.3) were also acquired in 2010. 10. BMR maintains its offices on the Property, within the Spine Building at 777 Old Saw Mill River Road. 11. BMR is affiliated with BioMed Realty Trust, a real estate investment trust headquartered in San Diego, California. BioMed Realty Trust owns, manages and oversees a portfolio of properties throughout the country, which are devoted to laboratory, research and development use by the life science industry. 12. Like chemical development and production in the mid-twentieth century, life science is a burgeoning growth industry in the twenty-first century. BioMed Realty Trust owns and develops facilities that support participants in this industry. 13. BMR has begun to develop the former Union Carbide Corporation campus in this fashion. It leases space on the Property to enterprises engaged in life science research and development. Notably, it has undertaken efforts to redevelop a portion of the campus for such -3-
users. In particular, improvements have been made to the portion of the campus situated in the Town of Greenburgh, which is now contains a recently completed, state-of-the-art laboratory facility utilized by Regeneron. 14. BMR seeks to similarly enhance the Town of Mount Pleasant portion of the site, and improve the Property with an aesthetically-pleasing, environmentally sensitive campus for these types of tenant-users. 15. The text amendments are sought for this purpose. They will allow the OB5 District regulations, and other portions of the Town of Mount Pleasant Code, to be modified to allow redevelopment of the Property in a manner that will honor its past as the home of advanced research facilities, while making way for its productive use in the future. III. THE REQUESTED TEXT AMENDMENTS 16. BMR requests text amendments to various provisions of the Zoning Code, including the Schedule of Regulations, Non-Residence Districts II (OB5 Office Business). Specifically, BMR seeks the following amendments: a. Amend Chapter 218, Town of Mount Pleasant Code, Schedule of Regulations, Non-Residence Districts II (OB5 Office Business), as follows : i. Column 2, strike Paragraph 3 and replace with the following: 1. Laboratories devoted exclusively to research, design and experimentation as provided in Section 218-72E. ii. Column 17, insert reference to new footnote 3 and insert text of new footnote 3, to read: 3 Except that, in accordance with Section 218-72E(1)(e), the maximum height of buildings on parcels in excess of 50 acres may be 4 stories or 80 feet. -4-
iii. Column 18, insert reference to new footnote 3 and insert text of new footnote 3, to read: 3 Except that, in accordance with Section 218-72E(1)(e), the maximum height of buildings on parcels in excess of 50 acres may be 4 stories or 80 feet. iv. Column 21, renumber existing text as paragraph (1) and insert additional text as paragraph (2), which together shall read: 1. Same as R-40 above; 2. For laboratories devoted exclusively to research, design and experimentation, 1 space per 75,000 square feet of gross floor area or part thereof, provided that the number of required spaces may be reduced if spaces are shared between contiguous buildings, subject to Planning Board approval. v. Column 22, renumber existing text as paragraph (1) and insert additional text as paragraph (2) which together shall read: 1. Same as R-40 above; 2. For laboratories devoted exclusively to research, design and experimentation, 1 space per 475 square feet. vi. Column 23, include new Paragraph 4, to read: (4) For parcels in excess of fifty (50) acres, which are utilized as laboratories devoted exclusively to research, design and experimentation as provided in Section 218-72E(d), the development standards listed in Column Nos. 5 through 15 of the Zoning Schedule of Regulations shall be the same as those applicable within the C-RB Zoning Districts. b. Amend Chapter 218, Town of Mount Pleasant Code, 218-72 to include new Paragraph E, as follows: i. In addition to the uses listed in Subsections A, C and D above, the following use is also permitted in the OB5 District: 1. Laboratories devoted exclusively to research design and experimentation; provided, however, that: a. Pilot plants for the testing of manufacturing, processing or fabrication methods or for the testing of products or materials shall be permitted only as accessory to a research -5-
laboratory, and in no case shall more than 30% of the total floor area be devoted to such uses. No materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory research, design or experimental work. b. No manufactured or commercial explosives shall be kept, maintained or stored on said premises except in small quantities for laboratory research, design or experimental use, and then only in compliance with all applicable federal, state and local safety statutes. c. Animals may be kept or maintained when necessary for laboratory research, design or experimental work, provided they shall be maintained within a facility housed in a building interior, which shall (i) be no more than 20% of the total gross floor area within such building and (ii) comply with all applicable federal, state and local laws. d. On parcels in excess of fifty (50) acres, laboratories devoted exclusively to research, design and experimentation may be developed in accordance with the dimensional standards applicable to the C-RB Highway Commercial Zoning Districts as set forth on the Schedule of Regulations, Non-Residence Districts IV, Columns 5 through 15. e. On parcels in excess of fifty (50) acres, laboratories devoted exclusively to research, design and experimentation shall be subject to a maximum height requirement of 4 stories or 80 feet. f. On parcels in excess of fifty (50) acres, laboratories devoted exclusively to research, design and experimentation may be developed in accordance with a site plan approval authorizing phased improvement of a parcel over a specified period of time. Such phased development shall be authorized over a period not to exceed ten (10) years, subject to extension by the Planning Board. The actual sequencing of a phased approval may be modified, following the issuance of site plan approval, upon approval of the Town Engineer and Building Inspector. -6-
c. Amend Chapter 218, Town of Mount Pleasant Code, 289-89A, to include new Subparagraph 18, as follows: (18) For laboratories devoted exclusively to research, design and experimentation, the minimum requirement shall be one parking space for each 475 square feet of gross floor area. d. Amend Chapter 218, Town of Mount Pleasant Code, 289-89, to include new paragraph F, as follows: (F) The Planning Board, as part of a site plan approval, may designate a portion of land on a site that would otherwise be utilized for required off-street parking to be maintained as open space, until such time as future parking demands necessitate its use for off-street parking purposes. The Planning Board may permit such land banking of area devoted to off-street parking to include up to forty (40%) percent of the required number of offstreet parking spaces. The land banking of off-street parking spaces may be authorized by the Planning Board upon demonstration that (i) reduced parking needs exist as of the time of site plan approval and (ii) the area subject to such land banking is suitable for potential future parking needs. The site plan approval shall provide that the land banked area will not be used for any other use and may, on the basis of increased parking demand, be converted from land banked open space to off-street parking spaces with the approval of the Town Engineer and Building Inspector, upon request of the property owner or as required by the Town Engineer or Building Inspector. e. Amend Chapter 218, Town of Mount Pleasant Code, 218-94, to include new Paragraph D, as follows: (D) For laboratories devoted exclusively to research, design and experimentation, 1 space per 75,000 square feet of gross floor area or part thereof, provided that the number of required spaces may reduced if spaces are shared between contiguous buildings, subject to Planning Board approval. f. Amend Chapter 218, Town of Mount Pleasant Code, 218-103B, to read as follows: (B) A zoning permit shall be voided if construction is not started within a period of one (1) year or completed within a period of two (2) years of the date of said permit. In the event a site plan approval authorizes a phased development, such approval shall be for a duration established by the Planning Board in its site plan approval, which shall be for no more than ten (10) years. -7-
17. The proposed text amendments complement the Property s long standing use as a research and development facility. It will allow BMR to improve the portion of the Property situated within the Town of Mount Pleasant to create an aesthetically-pleasing, environmentally sensitive campus for the life science industry. 18. The proposed amendments will have overarching benefits beyond those specifically related to the Property. By allowing greater flexibility in site design and more appropriate utilization of sites in the OB5 Office Business Zoning District, in general, through the text amendments proposed above, the Town of Mount Pleasant and its residents benefit from greater business and commercial development opportunities. Greater business and development opportunities translate into increased commercial tax revenues and employment opportunities which benefit the Town as a whole. 19. The proposed amendments will further authorize the Planning Board to employ land banking of off-street parking for proposed developments throughout the Town of Mount Pleasant. This planning tool has been utilized in many jurisdictions as a means of preserving open space. WHEREFORE, Petitioner BMR-Landmark at Eastview LLC respectfully requests that the Town Board of the Town of Mount Pleasant consider, review and enact the requested text amendments described herein. Dated: Mount Pleasant, New York June, 2010 BMR-LANDMARK AT EASTVIEW LLC By: 777 Old Saw Mill River Road Tarrytown, New York 10591 (914) 345-5500 -8-
TO: HONORABLE JOAN MAYBURY, SUPERVISOR AND TOWN BOARD OF THE TOWN OF MOUNT PLEASANT Mount Pleasant Town Hall One Town Hall Plaza Valhalla, New York 10595 TOWN CLERK OF THE TOWN OF MOUNT PLEASANT Mount Pleasant Town Hall One Town Hall Plaza Valhalla, New York 10595 PLANNING BOARD OF THE TOWN OF MOUNT PLEASANT Mount Pleasant Town Hall One Town Hall Plaza Valhalla, New York 10595-9-
STATE OF ) )SS.: COUNTY OF ) On the day of June in the year 2010 before me, the undersigned personally appeared of BMR-LANDMARK AT EASTVIEW LLC, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and Office of individual taking acknowledgment -10-
TOWN BOARD OF THE TOWN OF MOUNT PLEASANT COUNTY OF WESTCHESTER: STATE OF NEW YORK In the Matter of the Petition of BMR-LANDMARK AT EASTVIEW LLC, For Text Amendments to the Town of Mount Pleasant Zoning Code. PETITION FOR ZONING TEXT AMENDMENTS - OFFICE BUSINESS OB5 DISTRICT Law Offices of KEANE & BEANE, P.C. 445 Hamilton Avenue Suite 1500 White Plains, New York 10601 914-946-4777