New Paltz City Zoning Code
ARTICLE XVII
Planned Resort Overlay District
§ 140-160 Legislative intent.
The Town Board of the Town of New Paltz finds that it is in the best interests of the Town to provide a means and procedure by which a planned resort can be developed at the gateway entrance to the Town from the New York State Thruway, in keeping with the character of the nearby Gateway Districts.
§ 140-161 Purpose.
A.
It is the purpose of the creation of the Planned Resort Overlay ("PRO") District:
(1)
To further the goals of the Town Comprehensive Plan, which recognizes that recreation and tourism are important drivers for the Town, and also promote the consideration of the Town of New Paltz as part of a larger environmental region, by encouraging recreation tourism, which supports the local economy since tourist visitors who stay overnight contribute substantially to the local economy, and also promotes healthy recreational and entertainment activities.
(2)
To facilitate appropriate development at the Town's Gateway, close to the Thruway interchange, thus minimizing impacts on vehicular, pedestrian, and bicycle traffic in downtown and other congested parts of the Town and Village.
(3)
To encourage development that meets the design standards of the Town's Gateway Committee report, including connectivity with bike and pedestrian connections to the Empire State Trail and Ohioville Hamlet.
(4)
To contribute to the creation of diverse full and part-time employment opportunities for residents of the Town, county, and region by providing for development at a Gateway location that will not compete with existing local merchants.
(5)
To capitalize on the Town's location near major existing regional historic, educational, and tourism attractions, such as Historic Huguenot Street, Mohonk Preserve, Minnewaska State Park, the Catskill Mountains, the Appalachian Trail, West Point, the Franklin D. Roosevelt and Eleanor Roosevelt National Historic Sites, Vanderbilt Mansion National Historic Site, the Walkway over the Hudson, and the Culinary Institute of America; and to enhance the stature of the community as a tourist and outdoor recreation destination.
(6)
To provide for planned resort development in a manner that is consistent with the character of the Town of New Paltz, that enhances the aesthetic aspects of the proposed development and its community context, and that encourages a plan of development that will meet design objectives to suitably protect environmentally sensitive resources, community character and natural features to the extent practicable.
(7)
To encourage connections between tourists, local residents, and existing local recreational and tourist support providers.
§ 140-162 Description of Planned Resort Overlay District.
A.
The PRO applies to the designated property in addition to the zoning designation in the underlying zoning. Property within the PRO District retains its underlying zoning character.
B.
Development and use of lands lying within the PRO District as a planned resort shall be authorized by the Planning Board by site plan approval in accordance with the provisions of this article, in accordance with the procedures applicable for site plan approval. Such proposed planned resort development shall be governed exclusively by the use, bulk, area, and development standards of the PRO District as set forth in this article, and not by those applicable to the underlying district. Development and use of lands within the Planned Resort Overlay (PRO) District, which is outside the area of any approved planned resort development, may also be proposed for development for uses allowed in the underlying zoning district, in accordance with the applicable permitting standards in such district. Such proposed development shall be governed exclusively by the use, bulk, area, and development standards of the underlying zoning district.
C.
The PRO District includes all land designated as such on the Town Zoning Map.
§ 140-163 Planning Board site plan review.
Use of lands within the PRO for a planned resort in accordance with this article shall be permitted by the Planning Board subject to site plan approval in accordance with the substantive provisions of this article and in accordance with the procedures for site plan review and approval set forth in the Town Zoning Law. Any subdivision or lot line adjustment of lands within a planned resort shall be reviewed by the Planning Board in accordance with the subdivision regulations.
§ 140-164 Uses.
A.
The principal permitted use in the PRO is a planned resort, which shall include the following:
(1)
Hotel facilities providing not less than 75 rooms and not more than 250 rooms. Guest rooms shall not include cooking facilities, but may include convenience-size small refrigerators, coffee maker, microwave, and similar convenience accessories.
(2)
Restaurants, cafes and similar dining facilities primarily oriented to guests.
(3)
Seasonal and year-round indoor and outdoor recreation and nature-oriented uses, such as water parks; pools; conservatories; climbing facilities; adventure facilities such as zip lines, ropes and similar activities; athletic and recreational facilities including court games; miniature golf; ice skating facilities; trails and tracks for runners; nonmotorized bicycles; pedestrian walking trails; bowling alleys, arcades, and similar indoor recreation facilities; and activities similar to the above.
(4)
Concierge services to connect resort guests with local recreation and tourist-oriented service providers.
B.
Permitted additional uses include:
(1)
Spa services and facilities; including personal and group fitness/wellness/weight programs, yoga, meditation, relaxation, exercise or other similar wellness programming, sauna/pool facilities, and related spa programming and facilities.
(2)
Catering and banquet facilities.
(3)
Gathering spaces such as auditoriums, amphitheaters, meeting rooms and conference facilities, demonstration kitchens, exhibition space, or similar spaces developed for the purpose of accommodating groups of persons for exhibitions, festivals, and other tourism or recreational and educational events.
(4)
Nature center, botanical, horticultural and other greenhouse structures and facilities used for guest enjoyment and open year-round for tourist attraction.
(5)
Cultural facilities (library, art gallery, museum, etc.).
C.
Permitted accessory/support uses are:
(1)
Uses and facilities accessory to any of the components of the permitted uses.
(2)
Public and private utility structures and facilities serving the planned resort. Utilities which additionally serve areas outside of the Planned Resort may be permitted by the Planning Board as an accessory use provided that they do not interfere with the use of the property as a Planned Resort or conflict with the objectives of the PRO District.
(3)
Residential accommodations for up to 10 employees performing supervisory work at the hotel.
(4)
Convenience services for guests, such as small gift/sundries; barber shops, newsstand services, travel service and car service to public transportation, and similar services.
(5)
On-premises laundry facilities serving on-site uses.
(6)
Animal exhibits, structures, and facilities, such as small mammals and reptiles.
(7)
Banking institutions.
(8)
Specialty retail or business.
(9)
Small agricultural retail (farmers market).
(10)
Transportation-oriented uses and accessory parking related thereto, such as facilities to interface with public and commercial transportation, charter tourism, bicycle and other nonmotorized transportation, walking trails, and similar tourism-related transportation.
(11)
Minor wireless communication facility.
§ 140-165 Area and bulk regulations.
The following area and bulk requirements apply in the Planned Resort Overlay District and supersede any requirements of the underlying zoning districts.
A.
Minimum lot area: 50 acres.
B.
Minimum lot width: 200 feet.
C.
Minimum lot depth: 500 feet.
D.
Minimum frontage on state highway: 200 feet.
E.
Front setback (all buildings): 50 feet.
F.
Front setback (parking): 40 feet.
G.
Front setback (outdoor recreation facilities such as tennis courts): 50 feet.
H.
Side and/or rear setbacks (all buildings and outdoor recreation facilities): 50 feet, except 100 feet when adjoining a residential zoning district. Side and rear setbacks may be reduced by the Planning Board to a minimum of 25 feet along any boundary adjoining an existing single-family residence or residential district, and to a minimum of five feet in all other cases, upon a finding that existing or proposed topography or vegetation provide suitable screening to soften views and suitable separation of uses. Side and rear setbacks (parking): 20 feet.
I.
Height:
(1)
Maximum height of principal buildings: four stories, not to exceed 48 feet, except that no more than 25% of the total footprint of all principal buildings may have a maximum height of five stories, not to exceed 60 feet.
(2)
Maximum height of non-principal buildings: 2.5 stories, not to exceed 35 feet.
(3)
Maximum height of recreational structures: 65 feet.
(4)
District building height regulations shall not apply to recreational structures within the recreational facilities of the resort, such as stair towers for rides or climbing towers, provided that:
(a)
The footprint of an outdoor recreational structure shall not exceed 1,000 square feet;
(b)
Fully enclosed indoor recreational structures are permitted within a principal building;
(c)
Indoor recreational structures shall not exceed a combined total area of 2,025 square feet, and shall occupy floor area equal to not more than 10% of the roof area of the principal building in which they are located;
(d)
Recreational structures shall in no event contain signage, flashing lights, or up-lighting calling attention to the height; and
(e)
The Planning Board must determine that any adverse visual impacts of the increased height have been suitably addressed and mitigated.
J.
Water storage tank: 60 feet, unless the applicant can demonstrate to the satisfaction of the Planning Board that a higher height is necessary for fire safety purposes, in which case the Planning Board may modify this standard to the minimum necessary for fire safety. In no case shall a water storage tank be used for advertisements.
K.
Maximum building coverage: 25%.
L.
Minimum required open space: 35%.
M.
Maximum impervious coverage: 65%.
N.
Minimum distance between principal buildings: zero feet.
§ 140-166 Development standards and objectives.
A.
The massing of the buildings and the architectural design shall be appropriate for the site, considering views from off-site viewing points, including the surrounding residential properties, viewing points overlooking scenic viewsheds, and any views from the Thruway. Views into the site from adjoining residentially zoned properties should be softened by well-planned architectural and landscape materials. On any facade that exceeds 75 linear feet in length, building offsets of at least four feet are required every 25 feet.
B.
Building styles and materials shall consist of those traditionally found in the New Paltz area. Wood siding and/or earth-based materials such as brick, stone, bluestone, cement reinforced clapboard siding and/or stucco are acceptable materials. Fiber-cement siding is an acceptable material for new construction when it holds a similar texture, appearance and reveal to wood siding. Vinyl, plastic and metal siding are prohibited.
C.
The project shall incorporate architectural design and site layout features that minimize glare, noise, and other inappropriate impacts from the development. Where possible, architecture shall draw from New Paltz and the surrounding region.
D.
The development shall provide appropriate access to the surrounding state highway network and Thruway interchange without undue interference with local traffic, and appropriate access for fire and other emergency service providers.
E.
The development shall provide for bicycle and pedestrian travel and amenities within the site and provide connection points to existing adjacent public trails. The owners shall work with the Town and other public agencies to plan for and facilitate connection to the adjacent Empire State Trail and western extension of the Hudson Valley Rail Trail systems.
F.
The site plan design shall be sensitive to areas of environmental constraints and incorporate protection of environmental resources.
G.
A planned resort may consist of more than one parcel. However, the entire project site shall collectively be deemed a single project site approved for a planned resort use. Such zoning lot shall be planned, designed, developed, and operated as an integrated unit under a unified plan of operation, even if separate elements are owned or operated by separate legal entities.
H.
The plan shall provide suitable building setbacks, open space, and, if the Planning Board deems it appropriate, landscaping, along any residential zoning district boundary lines to soften views into the site. Open space (pervious areas) provided along residential district boundaries may be either landscaped or open, and such open space may contain pedestrian or bicycle recreation trails. Where the Planning Board determines that landscaping is required along residential boundaries, it should generally include a total of at least 20 feet of vegetated landscaping, whether contiguous or separated by a trail or walkway, to soften views of the site from adjacent residential homes. The site plan shall incorporate appropriate mitigation measures identified by a visual impact analysis of the proposed development. Such visual impact analysis shall consider landscaping throughout the proposed site.
I.
Off-street parking areas shall be suitably landscaped with plantings as determined by the Planning Board. Interior parking area landscaping shall be provided to break up continuous areas of pavement. Landscaped island equal to one parking space for every 10 spaces is the minimum requirement for all parking lots with 10 or more spaces. Landscaped islands must equal two spaces if adjacent to two perpendicular spaces. Minimum of one shade tree, at least three inches DBH at planting, for every 12 parking spaces required. Parking areas shall be suitably separated from surrounding properties by vegetative landscaping materials meeting the standards of § 140-34I at least 20 feet deep and deemed satisfactory to the Planning Board to provide reasonable screening of parking areas.
J.
At least one point of access to a planned resort must be provided from a state or county highway. All roads providing access to the project must be suitably improved, at the time of project implementation, to handle the anticipated traffic volumes created by the proposed development. Privately owned vehicular and pedestrian circulation routes, including internal sidewalks, internal pedestrian and bike circulation, pedestrian and bike access from the public road network or community trail facility, such as connections to the Empire State Trail and the Ohioville Hamlet, shall be suitably designed to carry the intended traffic and provide support facilities for such circulation, including bike racks for guests and employees. Access management shall be coordinated with the state and county for Route 299 and Ohioville Road.
K.
Any streets on the site plan providing access to the proposed planned resort and proposed to be offered for dedication as public streets shall meet the applicable municipal or state specification for such public street or highway.
L.
Water supply and sewerage. The project shall be served by public or private central water supply facilities and wastewater treatment facilities as approved by the appropriate state and municipal agencies and the County Health Department.
M.
Infrastructure facilities, such as roadways, parking areas, utilities, drainage, screening and other landscaping, and other facilities, such as storm drainage facilities, curbs, gutters, solid waste disposal facilities, lighting, signs shall be appropriately planned, designed and operated to serve all uses on the lot. Stormwater management shall incorporate green infrastructure techniques. Impervious surfaces shall be limited as much as reasonably possible.
N.
Lighting. All outdoor lighting shall be glare-free and shielded from the sky and adjacent properties using cut-off technology that controls light spread to a maximum of 0.1 footcandle at the property line.
O.
Signs. Only signs affecting outside vehicle and pedestrian traffic will be illuminated from a structure and avoid ground up lighting when feasible. There shall be no internally illuminated monument signage.
P.
Project phasing. If the project is to be phased, then a phasing plan shall be submitted and approved as part of the site plan application.
Q.
Conditions. The Planning Board, upon review of the proposed development, may prescribe such additional conditions as are, in its opinion, necessary to secure the objectives of this chapter.
R.
Modification of development standards. The Planning Board is authorized to modify the development standards set forth in this § 140-166. In all cases, the applicant shall be required to submit to the Planning Board a list of any design standards herein that it cannot meet, supporting reasons and documentation as to why the standards cannot be met, how the public health, safety and welfare will be preserved, how the deviation will not detract from the intent and spirit of these design standards, and a description of how it proposes to satisfy the purpose of the Planned Resort Overlay District short of adhering to the design standards in their entirety. The Planning Board may modify or waive individual requirements if it finds, based on the applicant's explanation, that adherence would be impractical and if it is satisfied with the applicant's proposed alternative for satisfying the purpose of the Planned Resort Overlay District.