Philipstown City Zoning Code
ARTICLE IVA
Planned Development
§ 175-18.3 Garrison Cultural Conservation Planned Development District.
[Added 3-7-2024 by L.L. No. 2-2024[1]]
A.
Purpose. The purpose of the Garrison Cultural Conservation Planned Development District (herein known as "GCCPDD") is to allow an open-air theater with seating for approximately 500 patrons; a continuation of the existing restaurant/event use; artist and guest lodging; an outdoor pavilion that will be available for both on-site theater use and community events; box office/welcome center; theater concession structure; picnic lawns; gardens; production/rehearsal facility; administrative headquarters; additional parking spaces for cars, shuttle vans and busses; and appurtenant facilities all to be in support of any and all theatrical events, performances and rehearsals and/or cultural events to be conducted within the GCCPPD in a manner that will be beneficial to the Town of Philipstown; and to permit flexibility in the design and construction of buildings and facilities that, by virtue of their location, orientation, landscaping and other features, demonstrate design merit.
B.
Creation. The GCCPDD is hereby created on portions of two tax parcels of land with a combined area of 97.4 acres within the Town of Philipstown and more particularly described in in the schedule included as an attachment to this chapter as Attachment 8. It is intended that the standards set forth herein permit certain uses and otherwise regulate the GCCPDD. Said standards shall constitute the zoning standards applicable within the said district, and shall replace and supersede all other zoning standards applicable to the area constituting the GCCPDD.
C. ADMINISTRATOR'S QUARTERS APPURTENANT FACILITY ARTIST LODGING MINOR STRUCTURE SPECIAL EVENT
Definitions. The following definitions are applicable to the GCCPDD.
A single staff person may reside in the Administrative Headquarters, formerly the Manager's Quarters.
A feature or a building or other structure designed or intended to accommodate specific activities necessary to and customarily associated with one of the permitted uses.
Residential dwelling units designed for and primarily used for temporary short-term housing accommodations for performers working at the theater use on the property. When not being used by performers, artist lodging may be rented to guests of the property owner on a temporary short-term basis, provided that the artist lodging shall in no event be used as the primary residence of any individual nor be occupied by any artist for more than nine consecutive months or by any guest of the property owner for more than one consecutive month.
A non-residential building with a footprint of less than 1,000 square feet, signs, informational kiosks, and other small structures intended to facilitate uses permitted within the GCCPDD.
An event or gathering of more than 100 spectators, related to theatrical events, performances, rehearsals and cultural events, and not related to the entertainment use of the open-air theater, the use of the restaurant and the banquet hall, or the municipal uses, authorized in Subsection D.
D.
Permitted uses. Subject to the restrictions and conditions hereinafter enumerated, the following uses are the only uses permitted within the GCCPDD:
(1)
A permanent open-air theater facility with seating for approximately 500 patrons.
(2)
A destination restaurant.
(3)
A banquet and meeting facility with eight guest rooms.
(4)
Artist lodging, which may be rented to/occupied by guests of the property owner on a short-term basis when not being used by artists.
(5)
An outdoor pavilion that will be available for both theater use and community events.
(6)
Box office/welcome center.
(7)
Facilities for theater concession and restrooms.
(8)
Picnic lawns for use by the property owner and the public.
(9)
Gardens, meadows, and walking paths for use by the property owner and the public.
(10)
Production/rehearsal facility.
(11)
Administrative Headquarters for the on-site theater facility.
(12)
Municipal uses.
(13)
Special events.
E.
Restrictions on permitted uses. The permitted uses enumerated in Subsection D of this section are subject to the following conditions and restrictions:
(1)
Special Events may only be conducted after obtaining a Special Use Permit from the Town under Chapter 175 of the Town Code and any other permits or approvals from any other agency that may have jurisdiction. In addition to any requirements of Town Code §§ 175-61 and 175-62, any application to conduct a special event must be accompanied by the following information:
(a)
The application shall provide a detailed description of the Special Event, the activities involved in it, the dates on which it will be held, hours of operation, the maximum number of attendees at any one time, and the anticipated overall number of attendees for the duration of the Special Event.
(b)
The expected amount of traffic generated by the Special Event and a statement as to whether such traffic would be in excess of traffic generated by other permitted uses of the property.
(c)
The expected levels of noise and/or light generated by the Special Event and a statement as to whether such levels of noise and/or light would be in excess of that generated by the other permitted uses of the property.
(d)
The amount and location of any additional parking requirements of the Special Event, the location of such additional parking and whether it is to be accommodated on-site or off-site.
(e)
Identification of any off-site resources that might be utilized for the Special Event (i.e., remote parking areas, shuttle buses and bus routes).
(f)
Any special signage requirements of the Special Event, both on- and off-site.
(g)
A description and the location of any special sanitary accommodations that the Special Event will require or a statement that none are required.
(h)
First aid, police and other public health and safety requirements of the Special Event or a statement that none are required.
(i)
A list of other permits that may be required for the Special Event or a statement that none are required.
F.
Future improvements. Future improvements, including structures, may be authorized for permitted uses, subject to the following conditions:
(1)
Improvements and structures, other than minor structures, proposed to be located within the GCCPDD, shall be considered a modification to the GCCPDD, and a Building Permit shall not be issued until such time as the site plan GCCPDD has been modified by the Planning Board.
(2)
Subject to Subsection F(3) herein, minor structures anywhere within the GCCPDD may be approved by the Zoning Administrative Officer under § 175-11 of the Town Code, providing such structures comply with all applicable provisions of this chapter, including this § 175-18.3. However, if the Zoning Administrative Officer is uncertain whether to issue a Building Permit for a minor structure, he or she may refer the applicant to the Planning Board for its opinion. If in the opinion of the Planning Board the Building Permit sought is for other than a minor structure, the Building Permit shall not be issued until the Planning Board grants amended site plan approval for such structure(s).
(3)
Building Permits necessary for structural repairs or those necessary to allow the replacement of existing buildings with new buildings occupying essentially the same footprint and having the same floor area and number of stories may be issued by the Zoning Administrative Officer.
G.
Additional restrictions and requirements. The following additional restrictions and requirements apply within the GCCPDD:
(1)
(2)
Parking spaces. In lieu of the requirements of § 175-38, a parking space may have minimum dimensions of 18 feet by nine feet and a minimum area of 162 square feet.
(4)
Site plan approval by the Planning Board shall be subject to securing all applicable approvals from all other agencies having jurisdiction.
(5)
Drainage analysis and stormwater pollution prevention plan. A drainage analysis and stormwater pollution prevention plan prepared by a licensed engineer shall be submitted with the site plan application. This plan shall demonstrate treatment of the "stormwater quality volume" and retention and treatment of the runoff from a one-year storm for a period of 24 hours. The stormwater pollution prevention plan shall also demonstrate that there will be no significant increase in peak stormwater discharge from the site during two-, 10-, 25-, 50- and 100-year storm events. The stormwater pollution prevention plan shall comply with applicable New York State Department of Environmental Conservation guidelines.
(6)
Fees and reimbursements. Prior to the signing of the site plan by the Chairperson of the Planning Board, the applicant shall have paid all applicable fees to the Town of Philipstown.
(7)
Area, location and bulk standards. In lieu of the requirements of §§ 175-11 and 175-30, the following table sets forth the minimum area and bulk requirements to be applied within the GCCPDD.
1 | Minimum lot area | 97 acres | |
2 | Minimum dimension of square on lot (feet) | 750 | |
3 | Minimum lot frontage (feet) | 500 | |
4 | Maximum number of stories for a building | 3 | |
5 | Maximum height of a building or structure (feet) | 40 | |
6 | Minimum setback from | ||
a1 | Street line of US Route 9 (feet) | 150 | |
Allowed single-family dwelling unit | N/A | ||
Minor structures | 150 | ||
Core area buildings | N/A | ||
a2 | Centerline of US Route 9 (feet) | 200 | |
Allowed single-family dwelling unit | N/A | ||
Minor structures | 200 | ||
Core area buildings | N/A | ||
b | Other street line (feet) | 100 | |
Allowed single-family dwelling unit | N/A | ||
Minor structures | 100 | ||
Core area buildings | N/A | ||
7 | Minimum setback from side or rear property lines | 30[2] | |
Single-family dwelling unit | N/A | ||
Minor structures | 30 | ||
Core area buildings | N/A | ||
8 | Minimum setback from a residential district boundary (feet) | 30 | |
Single-family dwelling unit | N/A | ||
Minor structures | 30 | ||
Core area buildings | N/A | ||
9 | Maximum lot coverage as a percent of lot area | N/A | |
10 | Maximum impervious surface coverage | 20% | |
11 | Maximum floor area as a percent of lot area | 15% | |
12 | Minimum floor area for each dwelling (square feet) | N/A |
[2]
Editor's Note: Excluding existing maintenance buildings near aqueduct.
(8)
Time limit. The provisions of Town Code § 175-61E[3] prescribing a three-year time period for commencement of uses and completion of approved construction within a planned development district and prescribing a one-year limit on extensions of time for commencement of such uses and completion of such construction shall not apply to development within the GCCPDD. Instead, within the GCCPDD the time period applicable under Town Code § 175-61E for commencement of uses and completion of approved construction shall be 15 years and the time period for extensions of time shall be five years.
[3]
Editor's Note: Refers to prior version of the Zoning Chapter.
[1]
Editor's Note: This section was specified to be added as § 175-61.2 but was renumbered for more logical placement in the chapter.