[Added 11-19-2012 by L.L. No. 23-2012[1]]
A.
Intent and purpose. The Senior Affordable Housing Overlay District
is established to create affordable housing opportunities for seniors
in the City of Beacon and to provide for the adaptive reuse of older
buildings in the City. It is the intent and purpose of this article
to establish a framework for the development of affordable housing
units for seniors, to ensure that such development provides a minimum
of services and facilities to accommodate resident needs, to encourage
the adaptive reuse of older buildings in the City, and to minimize
detrimental effects on surrounding properties.
B.
General provisions.
(1)
A Senior Affordable Housing Overlay District designation is
created by legislative action of the City Council in the form of a
zoning amendment including the amendment of the City's Zoning Map.[1] Properties eligible for such a designation are those within
the City's residential zoning districts as well as in the Waterfront
Development (WD) and Fishkill Creek Development (FCD) Districts. A
senior affordable housing project must involve the adaptive reuse
of an existing building which is at least 50 years old and must additionally
meet the general requirements and design criteria set forth herein.
[1]
Editor's Note: The Zoning Map and all amendments thereto are
on file in the City offices.
(2)
A Senior Affordable Housing Overlay District designation by
the City Council adds a "senior affordable housing project" as an
additional use on the property, subject to all of the requirements
herein. Such use is in addition to, and does not replace the other
uses permitted by, the subject property's underlying zoning district.
(3)
In a Senior Affordable Housing Overlay District, no building,
structure, premises or part thereof shall be used or occupied as a
senior affordable housing project, and no building or structure shall
be erected, enlarged, converted or altered for such purpose, except
as provided in this article, and as specifically provided in the terms
of the special permit and site plan approvals issued for such use.
C.
Permitted uses. In addition to the uses permitted in the subject
property's underlying zoning district, the following uses are also
permitted within a Senior Affordable Housing Overlay District:
(1)
Principal uses permitted by special permit. The following uses
are permitted in a Senior Affordable Housing Overlay District, subject
to special permit approval by the City Council and site plan approval
from the Planning Board:
(a)
Senior affordable housing project, consisting of affordable
studio/efficiency, one-bedroom and two-bedroom dwelling units for
the occupancy of senior households. Notwithstanding the sentence immediately
above, one dwelling unit may be occupied by a project superintendent
or manager and his/her family.
(2)
Accessory uses. The following accessory uses are permitted in
a senior affordable housing project:
(a)
Buildings and facilities which are reasonably necessary to meet
the proper maintenance, administration, security, off-street parking,
storage, fencing and utility system needs of the development.
(b)
The following accessory uses are permitted, provided that such
facilities are restricted in their use to residents of the development
and their guests:
[1]
Meeting rooms, multipurpose rooms, lounges, lobby
areas, laundry rooms, or other similar common spaces.
[2]
Game rooms, art and craft rooms, workshops, jacuzzis,
exercise rooms, libraries or other similar indoor recreation or leisure
facilities.
[3]
Outdoor sitting areas, game areas, walking trails
or other similar outdoor recreation or leisure facilities.
(c)
Such other uses as may be customarily incidental to the senior
affordable housing project.
D.
Density; building modifications; lot and bulk requirements.
(1)
Maximum and minimum density. The maximum number of dwelling
units in a senior affordable housing project shall not exceed four
units per gross acre of lot size. In addition, said project shall
contain a minimum of 20 dwelling units. [Note to the City Council:
This would equate to a building having at least approximately 8,000
square feet of floor area.]
(2)
Building modifications. The senior affordable housing project shall consist primarily of the adaptive reuse of an existing building whose primary portion is over 50 years old. The City Council, either in its zoning designation or in its special permit, may authorize modifications to the existing building to enhance its adaptive reuse for senior affordable housing including, for example, modification of the roofline to better accommodate residential units, provided that in no event shall the existing height of the building be increased by more than eight feet, and modification of the line of outer walls to accommodate better layout and light and air for dwelling units, or for the inclusion of additional common spaces. Authorized additions to the building(s) shall not exceed 10% of the gross floor area of the building(s). Exterior alterations shall comply with any applicable requirements for a certificate of appropriateness under Chapter 134 of the Code. In no event shall a senior affordable housing project include any new freestanding buildings housing residential units. The City Council may authorize the construction of outbuildings for accessory functions, such as garages, an exterior generator, maintenance shed(s), and the like.
(3)
Lot and bulk requirements. Except for building modifications
authorized by the City Council in its zoning designation or special
permit, the building, including any additions or modifications, shall
meet the lot and bulk requirements in the underlying zoning district
in which the property is located, except for existing noncomplying
situations.
E.
Supplementary site regulations.
(1)
Parking ratio. Unless modified by the City Council in its zoning
designation or special permit, parking spaces shall be provided at
the ratio of 1.2 spaces per dwelling unit. The 0.2 fractional space
shall be accumulated for staff and visitors.
(2)
Outdoor recreation. Usable outdoor recreation space shall be
provided at the ratio of 50 square feet per dwelling unit. Such space
shall consist of both active and passive recreation amenities such
as patio areas, shaded sitting areas, and walking or jogging trails.
F.
Dwelling requirements.
(1)
The following requirements shall apply to multifamily dwellings
located in a senior affordable housing project:
(a)
Laundry. Self-service laundry facilities (washers and dryers)
adequate to serve the occupants of the development shall be provided
and maintained.
(b)
Indoor community space. A common lobby at the building entrance
and other indoor community space and related equipment shall be required
to provide social and recreational opportunities for project occupants.
Included may be such facilities as game rooms, meeting rooms, dining
rooms, exercise rooms or other space for active or passive recreation.
Such space, exclusive of a common lobby, hallways and basements, shall
be provided at the rate of no less than 15 square feet per studio/efficiency
or one-bedroom unit and 25 square feet per two-bedroom dwelling unit.
(c)
Barrier-free access. All multifamily dwellings shall provide
barrier-free access and, at a minimum, doors shall be three feet wide,
thresholds shall be flush with the floor, and ramps or elevators shall
be provided so that all areas of the structure are accessible to the
physically handicapped.
G.
Unit requirements.
(2)
Unit amenities; handicap facilities.
(a)
Amenities. All dwelling units shall be designed for independent
living and shall contain full bathroom and kitchen facilities, including
but not limited to a sink, refrigerator, stove, range or combined
unit in the kitchen, and a sink, toilet, bathtub or roll-in shower
in the bathroom.
(b)
Handicap adaptable. Fifteen percent of all dwelling units shall
be handicap adaptable.
(c)
Handicap accessible. One hundred percent of all dwelling units
shall be handicap accessible.
H.
Affordability.
(1)
All units affordable. All units in a senior affordable housing
project must be one-hundred-percent affordable as provided in this
article.
(2)
Eligible households. To be eligible to buy or rent a dwelling unit in a senior affordable housing project, a household's gross annual income from all sources, inclusive of actual income from assets or imputed income from assets, whichever is higher, shall not exceed 100% of the Dutchess County median annual income for its household size [based on the United States Census and as updated by the Department of Housing and Urban Development (HUD)], and which income allows the household to meet the maximum rent and sales price standards set forth below in Subsection H(3).
(3)
Maximum rent and sales price.
(a)
Rent. The monthly rent including utilities for a unit in a senior affordable housing project shall not exceed 30% of a figure representing 100% of the Dutchess County annual median income for the maximum size household that may occupy such unit as set forth in Subsection I(3) below.
(b)
Sales price. The maximum gross sales price for a unit in a senior affordable housing project shall not exceed a figure based upon a maximum household expense of 40% of a figure representing 100% of the Dutchess County annual median income for the maximum size household that may occupy such unit as set forth in Subsection I(3) below, relating to the sum of principal, interest, taxes and insurance, based on industry-standard mortgage underwriting guidelines, prevailing interest rates, and a three-percent down payment.
(4)
Restriction on resale or re-lease of units. The resale or re-lease
of affordable housing units in the Senior Affordable Housing Overlay
District shall be restricted in the same affordable manner as the
initial sale or lease specified in this section.
I.
Occupancy restrictions. Occupancy of dwelling units within a senior
affordable housing project shall be for residential purposes only.
Occupancy shall be limited to households as defined and described
below.
(1)
Age restriction. All of the residing occupants within a senior
affordable housing project shall be at least 62 years of age.
(2)
Guests. Temporary occupancy by guests of households who reside
in a senior affordable housing project shall be permitted, provided
that such occupancy does not exceed a total of 30 days in any calendar
year.
(3)
Occupancy standards. The minimum and maximum occupancy of a
dwelling unit shall be as follows:
|
Number of Bedrooms
|
Minimum Number of Persons
|
Maximum Number of Persons
| |
|---|---|---|---|
|
Studio/efficiency
|
1
|
2
| |
|
1
|
1
|
2
| |
|
2
|
1
|
3
|
(4)
Primary residence. Each dwelling unit must be the primary residence
of the household.
J.
The deed, certificate of occupancy and/or rental agreement, as appropriate, for each dwelling unit in the senior affordable housing project shall contain language, satisfactory to the City Attorney in form and substance, which states that the subject dwelling is a senior affordable housing unit as defined in Article IVF of the Code of the City of Beacon, New York, and is subject to all restrictions and limitations as set forth therein. In addition, said project shall have a regulatory agreement regarding the affordable nature of the project with a state and/or federal agency which runs with the land for a thirty-year period. A copy of the annual audit(s) by the regulatory agency(ies) shall be submitted to the City.
K.
Procedure for approvals for senior affordable housing.
(1)
Application. The application for a Senior Affordable Housing
Overlay District designation shall be submitted to the City Council.
The application shall consist of narrative text, drawings and/or illustrations
describing the proposed project. All application materials, including
plans, shall be submitted in electronic file format acceptable to
the Building Department, in addition to at least five paper copies
(or such other format or amount as determined by the Building Department),
at least two weeks prior to the City Council meeting at which it will
be considered. Drawings shall be submitted approximately to scale,
but need not be to the precision of a finished engineering drawing
or a final site plan. The application shall include the following:
[Amended 4-21-2014 by L.L. No. 1-2014]
(a)
Documentation that the primary portion of the building(s) in
which the proposed senior affordable housing project will be located
is at least 50 years old. A building which is at least 50 years old
shall be eligible notwithstanding that such building contains modifications
or additions that are less than 50 years old.
(b)
A written description of the senior affordable housing project,
and a description of the manner in which such proposal meets the purposes
of the Senior Affordable Housing Overlay District; how it is consistent
with the City of Beacon Comprehensive Plan; and the manner in which
the public interest would be served by the proposed Senior Affordable
Housing Overlay District designation and project, including a description
of the benefits to the City.
(c)
A concept plan showing the proposed land use and its spatial
arrangement, including the general location of the existing buildings,
any proposed accessory buildings, parking areas, public, community
and/or recreation facilities, utility and maintenance facilities and
open space, including:
[1]
An indication of the approximate square footage
of building(s), the approximate number of dwelling units of each bedroom
type and size, and the approximate amount of floor area of each type
of accessory use.
[2]
An indication of the appropriate number of parking
and loading spaces in relation to their intended use.
[3]
A general indication of any phasing of construction.
[4]
The general configuration of the interior road
system, connection/access to the adjoining road system, and an analysis
of the need for and the feasibility of providing emergency access.
[5]
A plan showing the relation of the proposed use
to existing uses adjacent to the site.
[6]
The general configuration of the pedestrian circulation
system and the connection of such pedestrian passageways to adjoining
properties.
[7]
Descriptions, sketches, sections and elevations
showing the general architectural treatment and design scheme contemplated
for the entire development.
[8]
Such additional information as the City Council
may deem necessary in order to properly evaluate the application.
(2)
City Council review of Senior Affordable Housing Overlay District
designation application.
(a)
Environmental compliance.
[1]
The approval of a Senior Affordable Housing Overlay
District designation, and the special permit and site plan reviews
are actions subject to the State Environmental Quality Review Act
(SEQRA), and all proceedings to review such approvals shall comply
with the applicable requirements of SEQRA.
[2]
Upon receipt of an application for a Senior Affordable
Housing Overlay District, the City Council shall commence a coordinated
review under SEQRA and institute lead agency procedures after identifying
all involved and interested agencies, as provided by law. The coordinated
SEQRA review shall address the impacts of the entire action, including
the zoning designation and the potential impacts of the project development.
(b)
City Council referrals.
[1]
The City Council shall refer the application for
a Senior Affordable Housing Overlay District designation to the Planning
Board for a report and recommendation. The Planning Board shall review
all documents and materials relating to the application and shall
render a report to the City Council and may make any advisory recommendations
it deems appropriate. The report of the Planning Board shall be due
62 days from the referral by the City Council, unless extended by
the City Council.
[2]
Other referrals. The City Council shall comply
with any applicable provisions of General Municipal Law §§ 239-l,
239-m and 239-nn. In addition to any referrals required by law, the
City Council may refer the application to any other City board, department,
official, consultant or professional it deems appropriate.
(c)
City Council public hearing. The City Council shall hold a public
hearing, with the same notice required by law for zoning amendments
on the application for a Senior Affordable Housing Overlay District
designation.
(3)
City Council decision on Senior Affordable Housing Overlay District.
The City Council shall render a decision on the application for a
Senior Affordable Housing Overlay District after it has held the required
public hearing herein, and after the lead agency has made the requisite
SEQRA determination of significance and, where appropriate, that appropriate
findings have been made.
L.
Special permit and site plan approval. In addition to the zoning designation by the City Council, a senior affordable housing project requires special permit approval from the City Council in accordance with § 223-18 and site plan approval from the Planning Board in accordance with § 223-25 of this chapter. The City Council may, in its discretion, hold its hearing(s) on the special permit application simultaneously with its hearing(s) on the overlay district designation. The Planning Board may, in its discretion, hold its hearing(s) on the site plan application simultaneously with its hearing(s) on the special permit application.
M.
Conformity to overlay district project required. The City Council
and the Planning Board shall not approve any special permit or site
plan, respectively, for a senior affordable housing project unless
the Council and Board find that the project is in substantial conformance
with the project which served as the basis for the approval of the
Senior Affordable Housing Overlay District designation, and with any
conditions imposed at the time of said designation. A project which
is not in substantial conformance would require an amended overlay
district designation.
N.
Application fees. Applications to the City Council and Planning Board
as provided herein shall be accompanied by the appropriate fees which
may be set from time to time by the City Council for such applications.
If such fees are not sufficient to defray the costs of review, the
applicant shall also be required to pay such additional fees as may
be necessary for the reasonable expenses of professional assistance
to the City in reviewing the technical aspects of the application.
O.
Implementing regulations. The City Council may, by resolution, adopt
specific regulations to foster the efficient and equitable implementation
of this article.
