[Added 1-17-2018 by L.L.
No. 1-2018; amended 8-8-2018 by L.L. No. 4-2018]
The Lifestyle Center District ("LC District") is established
to permit and to promote upscale and community scale, open air streetscape/main
street style mixed commercial/residential centers. The property zoned
LC District is comprised of businesses serving the specialty and leisure
time shopping needs of the community at large with integrated residential
uses to promote a mixed use environment, public convenience and accessibility.
In furtherance of this planning objective, mixed-use projects are
permitted. Standards to ensure high quality shall be applied to allow
flexibility while requiring integrated design within the overall site;
limited access to public roadways, and integrated vehicular and pedestrian
facilities within the site and adjacent properties. Development of
property in the LC District is not intended to be accomplished in
a fragmented, lot-by-lot manner or to consist of a single category
or type of land use.
Except as otherwise expressly provided within this chapter,
land located in the LC District may be used only for a combination
of the land uses listed below and subject to the standards for the
permitted uses as set forth in this chapter.
A.
Hospitality and food service establishments as follows:
B.
Retail sales establishments as follows:
(1)
General merchandise stores.
(2)
Food and grocery stores, including specialty food stores, such
as butcher shops and fish markets, fruit and vegetable markets, dairy
products stores, candy, nut, and confectionery stores and retail bakeries.
(3)
Stores selling apparel and personal accessories at retail.
(4)
Furniture and home furnishings, and home and office supply stores
selling items such as floor coverings, drapery and upholstery, household
appliances, radios, televisions, and electronics, computers and software,
videos and DVDs (except adult-oriented content), records, tapes and
discs, musical instruments and office supplies at retail.
(5)
Miscellaneous retail stores for items such as antiques, articles
on consignment, sporting goods and bicycles, books (except adult book
stores), stationery, jewelry, art, hobbies, crafts, toys, and games,
cameras and photographic supplies, gifts, novelties, and souvenirs,
luggage and leather goods, sewing, needlework, catalog and mail-order,
liquor and tobacco products and accessories, pet supplies and accessories,
and news dealers.
(6)
Flower shops without green houses.
(7)
Drug stores without drive-through service.
(8)
Stores selling building materials such as paint, glass, wallpaper,
plumbing and electrical fixtures and hardware, at retail excluding
outdoor storage.
(9)
E-retailer fulfillment centers to service project area.
C.
Business services including:
(1)
Advertising agencies, adjustment and collection services, credit
reporting services, direct mail services, photocopying and duplicating
services, commercial art and graphic design, secretarial and court
reporting, building maintenance services, employment agencies, computer
programming services, data processing, and messenger service stations.
(2)
Miscellaneous repair services such as for radios, television,
computers and similar electronics, household appliances and furniture,
watches, clocks and jewelry as an accessory use to a principal retail
use only.
(3)
Technology facilities including accessory warehousing facilities
utilized by the technology facility.
(4)
Pet grooming and animal day-care facilities (excluding boarding
kennels).
(5)
Day-care facilities.
E.
Office uses including:
(1)
Banks and other financial institutions without drive-through
service.
(2)
Professional offices of doctors, dentists, optometrists, lawyers,
accountants, realtors, architects, engineers, veterinarians, business
or financial consultants or other professionals, and corporate, executive,
administrative, or sales offices including incidental sales of medical
or dental aids.
(3)
Business offices for plumbers, heating, cooling contractors,
electricians, decorators, and similar trades so long as the such uses
do not involve the outdoor storage of commercial equipment and vehicles.
F.
Motor vehicle uses:
(1)
Automotive and other motor vehicle dealerships so long as display
and inventory is limited to indoors only. Facilities for servicing
motor vehicls shall be allowed as an accessory use to a dealership
so long as all repairs, servicing, etc., is limited to indoors only.
No outdoor storage of motor vehicles for sale or other purposes is
permitted in the LC District.
(2)
Electric vehicle charging stations.
H.
Community facilities:
(1)
Medical uses.
(2)
Colleges, universities, technical school, public and private
schools.
(3)
Libraries, museums, and art galleries.
(4)
Administrative, public safety offices and public meeting rooms
for Town, county, state, and federal government agencies.
(5)
Wireless communications facilities, including antennas and towers,
located on the principal structure and all associated transmitters,
receivers, relays and equipment shelters, not exceeding 35% of the
total height of the structure on which the wireless communications
facilities are located.
(6)
Indoor and outdoor recreational and athletic facilities.
(7)
Adult and child day-care centers.
(8)
Parks and public spaces, including water features.
(9)
Transportation facilities such as trolleys, buses, bike share,
etc., including autonomous versions.
(10)
Entertainment venues.
(11)
Community facilities, including but not limited to conference
centers, gardens, theatres, cinemas and auditoriums.
I.
Residential uses:
(1)
Attached residential dwelling units, for sale or lease, including
apartments, townhouses and live/work units.
(2)
Attached housing units designated for seniors.
J.
Parking facilities:
(1)
Structured parking garages, architecturally compatible with
principal structure(s).
K.
Special events:
(1)
Special events, including community gatherings and commercial event sales, are exempt from the review and approval process as set forth in § 229-108.11 subject to the following standards:
(a)
Emergency access shall be maintained at all times, including
designated fire lanes.
(b)
No unreasonable noise shall be allowed beyond that of the normal
operations within the Lifestyle Center District.
(c)
The location or venue of special events shall be accessible
to Town of Clarence Departments and Town officials.
(d)
No off-site parking shall be permitted. Appropriate parking
arraignments for special events shall be provided. No parking shall
be permitted in rights-of-way, access aisles, driveways or on greenspace.
(e)
No unreasonable lighting beyond existing lighting consistent
with the normal operations within the Lifestyle Center District.
(f)
Tents, stages and other similar temporary items must be securely
fastened to ensure safety.
(g)
When estimated attendance is greater than 500 individuals, dedicated
security shall be provided.
(h)
All special events shall comply with any applicable requirements
of the New York State Building Code and New York State Fire Code.
L.
Other uses:
(1)
Upon recommendation of the Office of Planning and Zoning, retail businesses or service establishments not listed above, that generally provide products or services and that are determined by a majority vote of the Planning Board to be: i) similar in character and operation to the permitted uses described above; and ii) complementary to permitted uses listed above; and iii) compatible with the intent and purposes of the LC District as set forth in § 229-108.2.
M.
Uses expressly prohibited. The following categories of uses are expressly
prohibited in the LC District:
(1)
Warehouse type stores and retail buying clubs.
(2)
Self-storage facilities.
(3)
Automotive uses except as otherwise expressly permitted herein.
(4)
Dog kennels.
(5)
Manufactured homes.
(6)
Detached residential units including but not limited to single-family
homes on individual lots.
(7)
Sexually oriented businesses.
Except as otherwise expressly provided in this chapter, projects
in the LC District shall at a minimum comply with the standards provided
in this section.
A.
Mixed use requirements.
(1)
The minimum required residential density shall be 20% of the floor area of the overall development on the land zoned LC District. The maximum allowed residential density shall be 40% of the floor area of the overall development on the land zoned LC District. Residential density achieved through a mixed use format is encouraged as the preferred method of development for land zoned LC District. A mixed use format shall be defined as residential dwelling units located above first floor retail, office or commercial space. Residential units located in a mixed use format located above first floor retail, office or commercial space shall count towards the minimum residential percentage of requirement of 20% of the floor area of the overall development on the land zoned LC District. Residential units located in a mixed use format located above first floor retail, office or commercial space shall not count towards the maximum residential density percentage of 40% of the floor area of the overall development on the land zoned LC District. Projects within the LC District are not subject to the multiple-family development standards contained in § 229-126 of the Zoning Code.
B.
Area and yard requirements, building and parking lot setbacks and
greenbelts.
(1)
In order to consider a LC District, a parcel or more than one
contiguous parcel must contain at least 25 acres. This requirement
may be reduced by the Town Board, if in its discretion it is determined
that the LC District is appropriate for a parcel or more than one
continuous parcel totaling less than 25 acres in accordance with the
intent and standards of the LC District.
(2)
Perimeter building setbacks for buildings. Building setbacks
for commercial buildings placed along all existing perimeter public
streets and/or adjoining residential districts shall be 80 feet as
measured from the property line. Perimeter building setbacks for buildings
adjacent to commercial zoning districts shall be 25 feet.
(3)
Parking lot setbacks for commercial buildings. Parking lot setbacks
for buildings placed along all existing perimeter streets shall have
a minimum setback of 35 feet. The greenbelt/perimeter setback for
parking lots located adjacent to off-site residential uses shall be
a minimum of 45 feet. The required setback areas shall be utilized
to create and maintain an aesthetically pleasing, safe and secure
environment for visitors. The required setback areas may be utilized
as sidewalks and recreational paths linking the various uses and shall
otherwise be used to create and maintain an aesthetically pleasing,
safe and secure environment for visitors and residents.
(4)
Internal setbacks within designated commercial/mixed-use development
areas. Within designated commercial/mixed-use development areas, internal
zero lot line and internal zero setback layouts may be utilized. To
that end, flexibility will be granted in establishing the setbacks
from internal lot lines (when applicable) and the right-of-way lines
for internal public and private roads serving the interior of the
site.
(5)
Yard, building, and area requirements for residential buildings.
The lot area, lot width, building setback, and yard requirements applicable
to residential buildings shall be proposed by the applicant and shall
require the expressed approval of the Planning Board based on its
application of site-planning criteria to achieve a proper integration
of the uses and components. In establishing these standards, the criteria
to be utilized by the Planning Board shall be as follows:
(a)
Overall design of the project relative to its compatibility
with nearby land uses.
(b)
Number and type of dwelling units.
(c)
Proximity to adjacent existing and future land uses.
(d)
Preservation of existing vegetation or other natural features
on a site.
(e)
Topography of the site.
(f)
Adequate provision of emergency services, water, sanitary sewer,
storm sewer improvements and all other necessary utilities.
(6)
Permanent open space. A minimum greenspace requirement, including
water features, lawns and landscaping, of 10% shall be met and a minimum
of 10% of the project shall be accessible to the general public, as
public open space.
C.
Landscaping and open space.
(1)
Strategically placed pedestrian plazas, squares, play areas
and natural open space area as appropriate for both the village environment
and the residential environment shall be provided. Such elements shall
be designed to produce an aesthetically pleasing environment with
sensitivity to vistas and the users. Pedestrian seating and other
age-sensitive facilities and improvements shall be provided in appropriate
quantities and locations.
(2)
To the extent not referenced in the LC District code, landscaping shall be provided for greenbelts and parking lots as required by Chapter 131. Flexibility may be granted in the calculation of required parking landscape islands established under the parking area landscaping requirements of § 131-8C to allow for the aggregation of areas and their placement along internal streets when adjacent to parking areas. Landscaping shall be provided through a variety of noninvasive species featuring different sizes, types and spacing. Such landscaped spaces shall complement the character of the overall architectural style and theme of the site. Within the required open space, the applicant is encouraged to provide public landscape features, including but limited to water features, lawns and tree groves. Appropriate and sufficient landscaping shall be utilized to buffer adjacent sites and land uses at the time of planting. Consideration shall be given to the future growth and maintenance of such landscaping. Vehicular access points shall be supplemented with sufficient landscape features as to create the sense of a boulevard or parkway setting. Landscaping is encouraged to be utilized for the buffering of land uses on site.
D.
Pedestrian and bicycle facilities. Full and safe pedestrian and bicycle
access features shall be provided, and such improvements shall link
all areas and uses within the overall development. This shall include
appropriate connections to the existing and planned sidewalk and existing
and planned recreational paths in the community and surrounding neighborhoods
as well as sidewalk connections to all building entrances from public
and private street system. Additionally, safe and secure pedestrian
seating in appropriate quantities and locations shall be provided
along sidewalks and recreational paths. Secure, marked, bicycle parking
spaces shall be provided. Such facilities shall be designed and placed
to be within walking distance of the buildings and building entrances
they are intended to serve, be visible from major pedestrian corridors,
and shall not cause obstruction of pedestrian or motor vehicle traffic.
E.
Off-street parking requirements. There is not a minimum parking requirement
for projects in the LC District. However, in connection with a project
in the LC District, the applicant shall provide the appropriate number
of parking spaces to satisfy the parking demand for the proposed project.
The location of such parking shall be screened from view and integrated
within the interior of the site to minimize visibility from public
viewsheds. In order to demonstrate that an adequate number of parking
spaces shall be provided, the applicant shall provide a parking plan
based on such factors as land use and land use intensity, availability
of public or alternative transportation, and shared parking arrangements.
F.
Access and circulation. The appropriate control of traffic is an
important consideration of development in the LC District. The following
access and circulation standards shall apply:
(1)
A traffic impact study prepared by a licensed engineer shall
be submitted as part of the environmental review of the overall project
pursuant to the State Environmental Quality Review Act ("SEQRA") in
connection with the review of the application. The traffic impact
study shall provide data and recommendations for on-site and off-site
traffic control improvements and measures, information on the amount
of traffic generated by proposed uses, the impact of traffic on adjacent
and nearby streets, and other relevant traffic information as required
by the Planning Board and governmental agencies with jurisdiction
over public roadways in the vicinity of the site.
(2)
As a condition of approval of the application, the Planning
Board shall find, based on the results of the traffic impact study
and other relevant information regarding identified potential traffic
impacts, that safe and efficient traffic flow will be maintained on
adjacent, nearby and internal streets.
(3)
Interior roadways and parking lots shall be designed so that
traffic circulates in manner that creates minimum conflicts. Entrance
points to parking areas shall be placed so as to avoid vehicles backing
up onto adjacent roadways.
(4)
When determined by the Planning Board to be suitable in order
to ensure appropriate, safe and permanent vehicular access on the
overall site and connections to public roadways, easements for internal
private roadways and connections shall be required.
(5)
Alternate transportation facilities are expressly encouraged.
For the purpose of financing or varied ownership, parcels may
be created within the LC District upon the granting of unified development
approval by the Planning Board. A request for unified development
approval shall be included with an application for conceptual master
plan or an application for development plan. A request for unified
development plan approval shall be reviewed by the Planning Board
simultaneous with the conceptual master plan application or development
plan application.
A.
Building and parking, loading and stacking setbacks that otherwise
apply to projects in the LC District shall not apply to the shared
boundaries of parcels created upon receipt of unified development
approval.
B.
Reciprocal access easements to be recorded at the Erie County Clerk's
office upon the approval of the content of such easements by the Town
Attorney's office shall be required as a condition of granting unified
development approval by the Planning Board. Reciprocal access easements
shall expressly state that the access easements run with the land
and that easements shall not be modified or rescinded unless approved
by the Planning Board.
C.
Reciprocal easements to be recorded at the Erie County Clerk's office upon the approval of the content of such easements by the Town Attorney's office for other common facilities located on more than one parcel such as parking spaces, stormwater management facilities, utility lines, etc., shall be required as a condition of unified development approval by the Planning Board. Reciprocal easements required pursuant to § 229-108.3 shall expressly state that the access easements run with the land and that easements shall not be modified or rescinded unless approved by the Planning Board.
A.
The minimum building setback from a public right-of-way or a parcel
contiguous to property zoned LC District shall be equal to at least
one foot for every foot of building height, as measured from finished
grade to the peak height of the building.
B.
Multistory buildings designed to accommodate a mixture of nonresidential
uses on the first floor and residential units or office space on upper
floors are permitted.
C.
Buildings and structures shall have a coordinated, attractive, architectural
theme. Anchor buildings and multitenant buildings shall be designed
to avoid blank walls, unless they are designed for a specific purpose,
such as an outdoor movie screen. All buildings shall include horizontal
and vertical relief and quality architectural materials shall be utilized
on all sides of buildings.
D.
Buildings may feature green roof technologies, and as such, are encouraged.
Where green roof technologies are utilized and accessible to residents
or the public, consideration shall be given to safety features that
meet all applicable Town, state and federal regulations.
E.
Buildings shall be generally oriented toward the pedestrian access
rather than the existing public roadways. Portions of buildings that
directly face passing traffic and/or off-street parking areas shall
be enhanced with attractive storefront entrances, screening, landscaping
and a general presentation and character that is consistent with the
village square, marketplace or main street character and design used
throughout the remainder of the overall site.
F.
Universal design shall be encouraged to accommodate individuals of
all ages and abilities.
G.
Refuse and loading areas shall be appropriately located and properly
screened. The screening may be through internal loading areas, screening
walls matching the building exterior in materials and design, fully
opaque landscaping at time of planting, or appropriate combinations
of the above. Gates and fencing may be used for security purposes,
but not for screening, which is consistent with the village square,
marketplace or main street character and design used throughout the
remainder of the project, and shall be of aesthetic quality.
All outdoor lighting fixtures including but not limited to pole-mounted or building-mounted lights shall be subject to the lighting standards contained in § 229-155D.
Unless otherwise specifically approved as part of an overall design scheme for signage at the time of development plan approval, signs shall comply with the sign regulations set forth in Chapter 181 of Town Code.
A.
The Planning Board shall have the authority and discretion to grant waivers of requirements as set forth in this Article XIIIA of the Town Zoning Code. The granting of waivers shall require a majority vote of the Planning Board based on its consideration of the following criteria:
(1)
The hardship to the applicant that would result from compliance
with the applicable standard from which the applicant is seeking a
waiver.
(2)
The Planning Board issuing a finding that the granting of the
requested waiver will not conflict with the established planning objectives
for property zoned LC.
B.
The granting a waiver by the Planning Board shall be on a case-by-case
basis. The granting of a waiver by the Planning Board shall not establish
a precedent for the granting of future waivers.
The Planning Board shall have the authority to recommend to
the Town Board that one or more consultants be retained on behalf
of the Town of Clarence to assist in the review of a proposed project
located in the LC District. The categories of third-party consultants
that the Town of Clarence may retain to provide assistance in connection
with the review of a proposed project in the LC District shall include
but not be limited to architectural, engineering (civil and/or traffic),
legal and planning services. The cost of such third-party consulting
services shall be reimbursed by the applicant to the Town of Clarence
within 30 days of the Town receiving an invoice for third-party consulting
services.
In the event of a conflict between the provisions contained
in this article and other provisions contained in the Town of Clarence
Code, the provisions and regulations contained in this article shall
supersede such inconsistent provisions elsewhere in the Town of Clarence
Code.
The review process for proposed projects in the LC District
involves two distinct steps. The first step is titled Master Plan
Review and the second step is Development Plan Review.
A.
Preapplication meeting with Planning Department. Prior to submitting
an application for conceptual master plan approval for a proposed
project located in the LC District, the applicant shall be required
to attend a preapplication meeting with the Planning Department. The
purpose of the preapplication meeting shall be for the Planning Department
to review a draft of the master plan and related project materials
and provide input to the applicant for its consideration. During the
preapplication meeting, there shall also be discussion of the scope
of the traffic impact study to be included with the master plan application.
The Planning Department shall determine whether to solicit input from
governmental agencies with jurisdiction over public roadways in the
vicinity of the site regarding the scope of the traffic impact study
to be prepared and submitted in connection with the review of a conceptual
master plan application.
B.
Conceptual master plan application and review. The first formal step
in the review process of a proposed project in the LC District is
conceptual master plan review. An environmental review of the proposed
project pursuant to the State Environmental Quality Review Act ("SEQRA")
shall be conducted in connection with the conceptual master plan review
process.
(1)
Conceptual master plan application requirements. An application
for conceptual master plan approval shall consist of the following:
(a)
Completed request for action form;
(b)
Proof of ownership or dated, signed and notarized authorization
of property owner(s);
(c)
Conceptual master plan showing the layout of the proposed project and illustrating the manner by which the applicant intends to comply with standards contained in this Article XIIIA of the Zoning Code;
(d)
Conceptual sketches depicting architectural style and theme
for the overall project;
(e)
An accurate and updated survey of the site showing the location
and accurately referencing all recorded easements and rights-of-way;
(f)
A completed Part 1 of full environmental assessment form;
(g)
Traffic impact study;
(h)
Parking plan;
(i)
Conceptual landscape plan;
(j)
Preliminary grading and drainage plan prepared by a licensed
engineer; and
(k)
Any other information and/or plans reasonably determined to
be needed by the Planning Department to assist in the review of the
conceptual master plan application.
(2)
Review of conceptual master plan application by the Planning
Department. The Planning Department shall hold an initial meeting
for the purpose of reviewing the conceptual master plan application
and providing input to the applicant. The Planning Board shall also
initiate a coordinated environmental review of the proposed project
pursuant to the State Environmental Quality Review Act ("SEQRA") during
its initial review of the proposed project as long as the Planning
Board has reasonably determined that the conceptual master plan application
provides necessary information to enable the Planning Board and involved
and interested agencies to identify and evaluate potential adverse
environmental impacts.
(3)
Determination pursuant to the State Environmental Quality Review
Act ("SEQRA"). As early as practicable during its review of the conceptual
master plan application, the Planning Board, so long as it has been
designated as the lead agency pursuant to SEQRA, shall identify and
evaluate potential adverse environmental impacts and issue a SEQRA
determination. The Planning Board shall have the ability to consider
input received from involved and interested agencies as well as Town
departments and the public in connection its evaluation of identified
potential adverse environmental impacts and issuance of a SEQRA determination.
The Planning Board shall not be required to issue a SEQRA determination
prior to holding a public hearing on the conceptual master plan application.
(4)
Public hearing(s) to be held by the Planning Board. The Planning
Board shall hold one or more public hearings in connection with its
review of the conceptual master plan application.
(5)
Criteria for approval of the conceptual master plan. In connection with its issuance of a decision on an application for conceptual master plan approval, the Planning Board shall have broad discretion. The Planning Board's decision on an application for conceptual master plan approval shall be based on the Planning Board's determination as to whether the conceptual master plan is consistent with the planning objectives and standards contained in this Article XIIIA of the Zoning Code.
(6)
Conditions. The Planning Board shall have the right to impose
reasonable conditions in connection with its approval of a conceptual
master plan.
C.
Development plan application and architectural approval. The second
step in the formal review process of a proposed project in the LC
District is development plan review. To the extent the development
plan is not consistent with the approved conceptual master plan, the
Planning Board shall have the discretion to simultaneously review
any amendments to the conceptual master plan while reviewing the development
plan application.
(1)
Development plan application requirements. An application for
development plan approval shall consist of the following:
(a)
Completed request for action form;
(b)
Proof of ownership or dated, signed and notarized authorization
of property owner(s);
(c)
Accurate and updated survey of the site showing the location
and accurately referencing all recorded easements and rights-of-way;
(d)
Documentation addressing the master plan approval conditions
imposed by the Planning Board;
(e)
Fully engineered plans prepared and stamped by a licensed engineer
[Note: A reference to any conditions imposed by the Planning Board
in connection with its approval of a conceptual master plan shall
be included on the fully engineered plans.];
(f)
Architectural plans by licensed architect;
(g)
Landscaping plan prepared by a licensed landscape architect;
(h)
Photometric plan;
(i)
Engineer's report prepared by a licensed engineer;
(j)
Stormwater pollution prevention plan ("SWPPP") prepared a licensed
engineer;
(k)
Drafts of deed restrictions, easements, dedication documentation
for review by the Town Attorney's Office and Planning Department;
and
(l)
Any other information and/or plans reasonably determined to
be needed by the Planning Department to assist in the review of the
development plan application.
(2)
Public hearing(s) to be held by the Planning Board. The Planning
Board shall hold one or more public hearings in connection with its
review of the development plan application.
(3)
Landscaping plan approval. Prior to the issuance of development
plan approval, the submitted landscape plan shall be approved by the
Town's Landscape Review Committee.
(4)
Criteria for approval of the development plan. In connection with its issuance of a decision on an application for development plan approval, the Planning Board shall have broad discretion. The Planning Board's decision on an application for development plan approval shall be based on the Planning Board's determination as to whether the development plan is generally consistent with the approved conceptual master plan and also consistent with the planning objectives and standards contained in this Article XIIIA of the Zoning Code. The Planning Board shall also approve the architecture of buildings in connection with its issuance of a decision granting development plan approval.
(5)
Conditions. The Planning Board shall have the right to impose
reasonable conditions in connection with its approval of a development
plan. The applicant shall be required to demonstrate compliance with
conditions imposed by the Planning Board prior to being eligible to
obtain a building permit for a project in the LC District.
