Local Law Town of Geneseo

Local Law No. 2 of the year 2008

A local law amending Sections 106-7, 106-8 and 106-13 of the Code of the Town of Geneseo

Be it enacted by the Town Council of the Town of Geneseo as follows:

Local Law relating to zoning for the Town of Geneseo, providing for the establishment of Planned Development District No. 1, to be known as Gateway Town Centre Section 106-7 is amended to add to the enumeration of districts the following:

PDD1 Planned Development District No. 1

Section 106-8. The zoning map of the Town of Geneseo shall be amended to incorporate the location and boundary of Planned Development District No. 1 upon approval of the subdivision of Tax Parcel 81.00-1-29.113 by the Town of Geneseo Planning Board. The boundaries of Planned Development District No. 1 shall be as shown on the approved and filed subdivision map.

Section 106-13 is amended to add a new paragraph (22) as follows:

(22) Use Class 25, Planned Development District No. 1

........(A) The development of Planned Development District No. 1, to be known as “Gateway Town Centre,” has been presented and is described according to a site plan filed with the Town of Geneseo Planning Board. This site plan may be changed, altered or amended. The final site plan and subdivision as approved by the Planning Board is hereby made a part of this paragraph (22) and shall be filed in the offices of the Town Clerk.

........(B) The Gateway Town Centre will consist of a home improvement center and garden center of approximately 155,433 square feet and a retail pharmacy of approximately 14,820 square feet. The actual square feet shall be determined by the Planning Board through the process of final site plan approval.

........(C) The Gateway Town Centre is located entirely within the Geneseo Gateway Overlay District. To the extent any aspect of the approved site plan is in conflict with the provisions of Section 106-27 of the Zoning Code applicable to the Geneseo Gateway Overlay District, the approved site plan shall supersede Section 106-27 and said site plan shall be controlling.

........(D) Traffic Access and Improvement

........ ........ ........[1] As shown on the site plan, there shall be access to the Gateway Town Centre from one access point along Route 20A and from a second access point along Volunteer Road.

........ ........ ........[2] Traffic improvements shall be made by the developer in accordance with the requirements of the New York State Department of Transportation.

........(E) Architectural Considerations

........ ........ ........[1] A 10 foot high berm including adequate landscaping to screen the view of the east side of the Lowes building from Route 20Ashall be required as part of the site plan. The landscaping shall include a mix of conifers and deciduous trees of sufficient height and density to block or screen the view of the east side of the Lowes building from Route 20A. The berm shall include gradual grades and a gentle transition between the top and side slopes of the berm.

........ ........ ........[2] The south side of the Lowes building contains the Garden Center which houses large outdoor products that will be visible without proper screening. Landscaping and/or the installation of privacy panels, wall fencing or shadow box fencing shall be required to adequately screen the Garden Center. Additionally, the berm height along the north side of Route 20A shall be 6 to 8 feet. The Planning Board requests the opportunity to review the proposed screening during the site plan review process and modify the landscaping layout, make up, density and height as necessary to sufficiently block or screen the south side of the Lowes building.

........ ........ ......[3] The dumpster, generator and trash compactor located along the south side of the Lowes building shall be contained in wood enclosures such as slatted fencing and shall also be screened by landscaping plantings that are compatible with the architecture of the Lowes building.

........ ........ ........[4] The maximum height of the trademark building peak shall be permitted to be 45 feet.

........ ........ ........[5] All stormwater management facilities shall be screened by split rail wooden fencing and landscaping plantings so as to discourage access to such facilities and to minimize their visibility.

........ ........ ........[6] The parapet walls of the Lowes building shall be constructed of a sufficient height so as to conceal any roof top structures including the HVAC units.

........ ........ ........[7] No trailers or other store inventory offered for sale will be placed in the parking lot.

........ ........ ........[8] Merchandise offered for sale outside the building will be limited to specified display areas immediately adjacent to the front of the building

........(F) Additional findings and conclusions

........ ........ ........[1] In addition to the foregoing, all of the findings of fact and conditions which were made by the Town Council acting as an involved agency pursuant to the State Environmental Quality Review Act and set forth in a Findings Statement adopted July 24, 2008, shall be required as conditions of site plan approval by the Planning Board and are incorporated by reference herein and shall become a part of this local law.

........ ........ ........[2] The Planning Board may impose additional conditions which are not inconsistent with the Findings of the Town Council and which the Planning Board determines are practicable and reasonably necessary to mitigate adverse environmental impacts and ensure that the development is consistent with officially adopted land use plans and goals in the Town of Geneseo.

........(G) Revocation. In accordance with Section 106-61(c), this amending local law shall be automatically revoked and void, and the previous zoning and regulations reinstated unless subdivision and site plan approval are granted by the Planning Board within one year of the effective date of this local law.