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LEGISLATION TO ALLOW MORE COMPETITION OF CAR DEALERSHIPS ON CENTRAL AVE MOVING FORWARD
Release Date: October 15, 2014
SHORT UPDATE: Ben’s Deli opening next month….Staples (Route 119 near County Center) will be a new CVS…Deli Delicious construction near the county center and former Staples site –new drive thru being built. Deli to re-open soon.
There are currently three car dealerships on Central Ave in the Edgemont section of town: Scarsdale Ford, Curry Acura, Curry Chevrolet. Recently, the Edgemont Community Council approved a resolution calling for an amendment to the current town code to allow for more competition among car dealerships on Central Avenue. I support the proposal to allow for more competition and will be introducing a proposed local law to the Town Board at our meeting next Wednesday evening, October 22nd. The proposed law will be referred to the Planning Board and the Comprehensive Plan Committee for review and recommendation. There is significant support on the Town Board to amend our laws to allow for competition. It’s possible that legislation could be approved by the end of the year or very early in 2015.
Allowing competition of more car dealerships on Central Ave will make Central Avenue more of a destination area for those who are seeking to purchase or lease cars. Another big benefit: The dealerships will generate significant tax dollars to the town, school and fire district. The Edgemont school district benefits when they generate tax revenues without having to absorb additional students to teach!
This is a draft of the proposed law that will be introduced at our Town Board meeting on Thursday October 22nd. Your thoughts are always appreciated.
Greenburgh Town Supervisor
A Local Law amending 285-29.1 of Chapter 285 of the Town Code of the Town of Greenburgh pursuant to New York State Constitution Article IX and New York Municipal Home Rule Law § 10.
BE IT ENACTED by the Town Board of the Town of Greenburgh as follows:
§ 1. Title.
§ 2. Legislative Findings
§ 3. Amendment to § 285-29.1B (5.2)
§ 4. Amendment to § 285-29.1E
§ 5. Severability.
§ 6. Effective Date.
§ Section 1. Title. “A Local Law amending Sections 285-29.1 of Chapter 285, entitled “Zoning,” of the Code of the Town of Greenburgh.”
§ Section 2. Legislative Findings. The Town Board of the Town of Greenburgh finds it necessary to amend Chapter 285, entitled “Zoning,” of the Town Code of the Town of Greenburgh. Central Park Avenue is one of three major vehicular corridors in the Town of Greenburgh. Motor Vehicle Sales Uses and Motor Vehicle Sales Lots were previously allowed along Central Avenue but these uses were prohibited after the adoption of the Central Avenue (CA) Mixed-Use Impact district. Subsequently, the Town Board found it appropriate to allow pre-existing Motor Vehicle Sales Uses and Motor Vehicle Sales Lots, as a special permit use in the Central Avenue Mixed-Use Impact District. In order to additionally allow for new Motor Vehicle Sales Uses and Motor Vehicle Sales Lots in the CA District, the Town Board finds it appropriate to allow new Motor Vehicle Sales Uses and Motor Vehicle Sales Lots as a special permit use in the CA District.
§ Section 3. Section 285-29.1(B)(5.2) of the Greenburgh Zoning Ordinance is hereby amended by adding the following text at the end thereof:
(d) Type II commercial uses: Motor Vehicle Sales Uses and Motor Vehicle Sales Lots, subject to the following:
. Motor Vehicle Sales Uses and Motor Vehicle Sales Lots may apply for a Special Use Permit from the Town Board.
[a] Minimum lot size: 20,000 square feet.
[b] Maximum height: 2-1/2 stories, not to exceed 30 feet.
[c] Maximum floor area ratio: 0.35.
[d] Parking requirement: 1 parking space per 200 square feet of indoor retail sales area of the Motor Vehicle Sales Use.
[e] The Motor Vehicle Sales Use and Motor Vehicle Sales Lot shall be suitably screened from adjoining residential districts and other neighboring uses with landscaping amenities along the site's frontage, including, but not limited to, planted evergreen buffers of appropriate height, type, spacing and arrangement, shrubs and bushes, or fencing approved by the Commissioner of Community Development and Conservation. Should such vegetative screening become diseased, dying or dead, it shall be replaced by the next growing season.
[f] The owner/operator of the Motor Vehicle Sales Use and Motor Vehicle Sales Lot shall provide evidence that all existing sidewalks abutting the property are in good condition and remain unobstructed. The sidewalks shall be maintained to the satisfaction of the Commissioner of the Department of Public Works and/or in accordance with NYSDOT standards.
[g] All repair work must be done within a totally enclosed building.
[h] The outdoor storage of motor vehicles is limited to new motor vehicles for sale on the premises and used motor vehicles acquired as trade-ins or purchases.
[i] The accessory motor vehicle repair shop and motor vehicle storage shall continue so long as the sale of new motor vehicles continues and both are conducted under the same ownership as one enterprise.
[k] Off-site storage of motor vehicles, if located in the Town, must be permitted in the underlying district, and subject to the applicable approval process.
[l] New Motor Vehicle Sales Uses and Motor Vehicle Sales Lots must not be adjacent to existing Motor Vehicle Sales Uses and Motor Vehicle Sales Lots; and must be separated by a minimum linear distance of 300 ft., when located on the same side of Central Park Avenue South or Central Park Avenue South.
. Conditions. Upon finding that the standards set forth above have been fully met, the Town Board shall grant a Special Use Permit for a Motor Vehicle Sales Use and Motor Vehicle Sales Lot. In so doing, the Town Board may impose any reasonable conditions that it deems necessary to achieve the standards set forth herein.
. Town Board Special Use Permit procedure for a Motor Vehicle Sales Use and Motor Vehicle Sales Lot.
[a]. An Application for a Special Use Permit for a Motor Vehicle Sales Use and Motor Vehicle Sales Lot shall be submitted to the Department of Community Development and Conservation, in writing.
[i].The application shall include but not be limited to the following: the name and location of the Motor Vehicle Sales Use and Motor Vehicle Sales Lot; the name and address of the lot owner; the name and address of the agent or manager who will operate the facility. A layout plan shall also be submitted indicating the location and the type of the general landscaping, evergreen screening or fencing, ingress and egress, curbing, sidewalks, retaining walls, and lighting provided so as to minimize its impact upon the immediate area. The application shall also include a site plan of the lot showing the location of the principal and any accessory buildings.
[ii].In the event that site plan approval is required pursuant to Article VIII of this Chapter, the Special Use Permit application shall include a site plan containing all applicable matters required by Article VIII hereof.
[b]. Public Hearing required.
[i]. Unless extended by mutual consent of the applicant and the Town Board, a public hearing on an application for a Special Use Permit for a Motor Vehicle Sales Use and Motor Vehicle Sales Lot shall be scheduled and conducted by the Town Board within 62 days after the certification by the Commissioner of Community Development and Conservation of receipt of a complete application. To the extent possible, such public hearing shall take place at the same time as any other public hearing required to be held by the Town Board in regard to Motor Vehicle Sales Uses and Motor Vehicle Sales Lots.
[ii]. Notice of such public hearing shall be published in the official newspaper of the Town and mailed by the applicant to property owners with 500 feet of the perimeter of the subject property at least 10 days prior to such public hearing. Proof of such mailing shall be provided to the Town Clerk not less than five days before the public hearing is held. The cost of such notice shall be borne by the applicant.
[c]. Action of the Town Board
[i]. Unless extended by mutual consent of the applicant and the Town Board, within 62 days of the date on which a public hearing is closed, the Town Board shall, by resolution, act on said application and shall specify what conditions, if any, are being imposed.
[ii]. All Town Board actions on applications for Special Use Permits for Motor Vehicle Sales Uses shall be recorded on forms prescribed by the Town Board, shall fully set forth the vote and findings of the Town Board and the materials upon which its action is based, and shall be filed in the office of the Town Clerk.
[d]. Special Use Permit time limit: A Special Use Permit under this section for a particular site, once approved by the Town Board, shall not expire unless the Motor Vehicle Sales Use and Motor Vehicle Sales Lot cease on the site.
§ Section 4. Amendment to § 285-29.1E (new text underlined)
Section 285-29.1(E) of the Greenburgh Zoning Ordinance, entitled "Prohibited Uses" with respect to the CA Central Avenue Mixed-Use Impact District is hereby amended to read as follows:
Any use not specifically set forth as a permitted use herein is prohibited, including but not limited to a Motor Vehicle Sales Use and Motor Vehicle Sales Lot, other than those approved pursuant to § 285-29.1 B(5.2)(c) and § 285-29.1 B(5.2)(d), public garage, gasoline service stations other than those approved pursuant to § 285-29.1B(5.2)(b), car washing establishment, tire store or repair auto parts store with installation, service or repair facilities on the premises, and any other use involving the sale, leasing or repair of automobiles other than those approved pursuant to § 285-29.1 B(5.2)(c) and § 285-29.1 B(5.2)(d), motel, hotel, automobile court, tourist home, rooming house, furnished room house, boardinghouse, game room or amusement arcade, storage, warehousing or wholesale establishment and the outdoor storage of maintenance, cleaning and snow-removal vehicles.
§ Section 5. Severability: If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter, or its application to the person or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
§ Section 6. Effective Date: This Local Law shall take effect immediately upon filing with the Secretary of State.
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