NOTICE is hereby given that the Council of the City of New Rochelle, New York, will hold a Public Hearing pursuant to Chapter 331 of the Code of the City of New Rochelle, Section 237-m of the General Municipal Law of the State of New York, and Sections 277.61 and 277.71 of the County Administrative Code, on Tuesday, September 9, 2008, at 8:00 P. M., in the Council Chamber, City Hall, 515 North Avenue, New Rochelle, New York, on a proposed amendment to the City’s Zoning Code, Chapter 331, as follows:
ORDINANCE AMENDING SECTIONS 331-4, 331-117A AND 331-117.1 OF CHAPTER 331, ZONING, OF THE NEW ROCHELLE ZONING CODE IN RELATION TO REQUIRING SITE PLAN APPROVAL FOR A CHANGE OF USE OR OCCUPANCY BY A PLACE OF PUBLIC ASSEMBLY IN THE DOWNTOWN RETAIL CORE. BE IT ORDAINED, by the City of New Rochelle as follows:
Section 1. Section 331-4 of Chapter 331, Zoning, of the New Rochelle Zoning Code is hereby amended to add a new definition “Downtown Retail Core” to read as follows:
DOWNTOWN RETAIL CORE – those lots in the City of New Rochelle that abut North Avenue between Main Street and Huguenot Street and Main Street between North Avenue and Pintard Avenue.
Section 2. Sub-Section 331-117 (A) of Chapter 331, Zoning, of the New Rochelle Zoning Code is hereby amended to read as follows:
A. Site plan approval . The Planning Board shall be the approving agency for all site plan applications. Fees for site plan applications shall be in accordance with Chapter 133, Fees.
(1) Site plan approval is required prior to the issuance of a building permit for the construction or enlargement of any principal use, other than a one- or twofamily dwelling, where such dwelling is permitted by right and the grade is not changed by more than four feet at any point on the site [, and].
(2) Site plan approval is required for any building in the Downtown Retail Core which contains or is proposed to contain a Place of Public Assembly as defined in Chapter 93 of the New Rochelle Code, prior to any change of use or occupancy to such Place of Public Assembly.
(3) Site plan approval is required prior to the issuance of a certificate of occupancy for:
(a) any change of use or occupancy which would result in an increase in the requirement for off-street parking or loading spaces [and];
(b) [for] any parking lot created or altered in accordance with the provisions of Article XIV of this chapter [,] ; and
(c) [for] a new Active Recreational Use or an Expansion of Active Recreational Use located in an ROS zoned district which requires alteration by grading, drainage systems, Structures, and/or the creation of artificial or non-natural playing surfaces.
[The Planning Board shall be the approving agency for all site plan applications.
Fees for site plan applications shall be in accordance with Chapter 133, Fees.]
3. Section 331-117.1 of Chapter 331, Zoning, of the New Rochelle Zoning Code is hereby amended to add a new Sub-Section H and to re-number old Sub-Section H to Sub-Section I to read as follows:
H. In addition to the factors enumerated in Section 331-117.1.G. the PARC may recommend disapproval of any site plan application in the Downtown Retail Core, provided that findings are made that the building or structure for which the application was filed, if altered, constructed or demolished as indicated, would result in one or more of the following harmful effects set forth by reason of:
(1) The building does not display street frontage which furthers and enhances a continuous, active, pedestrian retail experience.
(2) Building facades and appurtenances are not visually compatible with existing and nearby buildings, public ways and places to which such elements are visually related.
(3) The building design does not maximize fenestration on the groundfloor level and encourage window displays and viewing by pedestrians.
(4) Entranceways and façade elements do not contribute to the creation of an attractive downtown commercial environment.
(5) Exterior building appurtenances are not visually compatible with the buildings to which they are attached or other buildings in the area or with the character encouraged in the Downtown Business District insofar as materials, texture, colors, and design are concerned.
[H.] I. Plans recommended for approval, approval with conditions, or disapproval. Upon recommendation of approval, approval with conditions, or disapproval by the PARC, the site plan or Major Subdivision shall be forwarded to the Planning Board, accompanied by a written explanation of the reasons for the PARC recommendation. The Planning Board shall, in its own discretion and with the authority granted to it by this Code, make a determination to approve,
approve with conditions, or deny the site plan or Major Subdivision application submitted.
Matter in [brackets] omitted.
Matter underlined added.
All persons interested are invited to attend said Public Hearing or submit written communications to the City Clerk at or before the Hearing.
By order of the City Council dated July 8, 2008, pursuant to Resolution No. 139
duly adopted.
Dorothy Allen, City Clerk