A. Pre-application meeting. All mixed-use proposals require a pre-application meeting with the Town prior to their formal consideration before any board of the Town.

B. Application. Applications for proposed mixed-use development and redevelopment within the mixed-use overlay districts shall be submitted to the Director of Engineering and Planning for distribution for review by the appropriate boards.

C. Special use permit required. No mixed use shall be constructed or altered until a special use permit has been granted by the Town Board for such mixed use after a public hearing in accordance with the procedures set forth in this article and in Article XII: Special Use Permits of this chapter. The special use permit shall be approved based upon a concept plan. The mixed use shall be developed in accord with, and shall not be developed in a manner materially inconsistent with, the concept plan submitted with the special use permit application. Should the mixed use be proposed to be developed in a manner inconsistent with the concept plan, it shall be required to first obtain an amendment to or new approval of its special use permit. Moreover, where a component use is indicated as requiring a special use permit, it, too, shall require a special use permit distinct from the mixed-use special use permit.

D. Site plan review required. All mixed uses shall be required to obtain site plan approval by the Planning Board pursuant to the provisions at § 295-60: Planning Board. of this chapter and any additional applicable provisions herein, except that site plan review shall not be required for alterations or redevelopment that do not require a building permit or do not result in a change in use (but shall nonetheless be required where there is a change in the component use category of a use or where a building permit is required for such alterations or redevelopment). No site plan approval shall be issued until a special use permit for the mixed use is approved. The site plan shall be consistent with the special use permit, including with the concept plan submitted as part of the special use permit. If the site plan proposed is inconsistent with the special use permit, including the concept plan, the Planning Board shall require the applicant to amend or apply anew for a mixed-use special use permit.

Additional site plan requirements for mixed uses.
The following additional requirements shall apply to mixed uses and shall be reviewed by the Planning Board during its site plan review process. Unless otherwise set forth herein, the Planning Board may waive or adjust any of the below requirements, but only upon a finding that such waiver or adjustment is 1) compatible with its site plan considerations, and 2) complies with the purpose and intent of this article.

(1) Environmentally sensitive features, such as, but not limited to, wetlands, floodplains, steep slopes (greater than 15%), unique topographic or geological landscapes, or important wildlife habitats, shall be preserved to the greatest extent practicable. These features shall be incorporated into site design as green infrastructure, greenway corridors, pedestrian trail networks, or other environmental conservation systems.
(2) Street pattern/pedestrian networks. Site design shall include an integrated street pattern with pedestrian networks consisting of enhanced streetscapes, including interconnected sidewalks, crosswalks, street trees, pedestrian lighting, and connections to trails and pathways, buildings, parking areas, and civic spaces, all in accord with the mixed-use site design guidelines.
(3) Sidewalks. Public sidewalks shall be established and maintained along all public roads fronting mixed uses and shall provide a direct connection to the mixed use. Sidewalks shall be constructed as approved by the Planning Board upon the advice of the Director of Engineering. Crosswalks may include changes in surface texture, color or materials.
(4) Pedestrian connections. Pedestrian connections shall be provided between buildings on the same lot and between buildings on adjacent lots to ensure a continuous pedestrian pathway system throughout each overlay district.
(5) Entry drives (curb cuts) shall be kept to a minimum in mixed-use developments and shall be sufficient to provide for efficient flow of traffic and emergency access while preserving traffic operations on primary public roadways. Access to multiple properties shall consider the use of shared driveways or service or loop roads.
(6) Snow removal. Mixed uses shall be designed to accommodate snow removal and storage.
 

(1) Mixed-use project and site design guidelines further articulate the intended design for specific areas of the Town contained within the boundaries of the mixed-use overlay districts. Such guidelines shall be assessed and applied by the Planning Board during its site plan review, and also by the Town Board during its special use permit review, where relevant, and shall be complied with to the maximum extent feasible.
(2) Landscaping shall be detailed in a landscaping plan and shall be installed and maintained along and adjacent to all buildings, and along pedestrian walkways, parking areas, and service and access roads. Landscape plantings shall be a mix of native canopy and ornamental trees and shrubs consisting of deciduous species and native evergreens planted to provide year-round effect.
(3) Transitional buffers. Buffers shall be in accordance with minimum transitional buffer requirements set forth in this chapter.
(4) Stormwater management shall utilize green infrastructure practices consistent with the New York State Stormwater Management Design Manual. Reductions in impervious surfaces shall be reviewed, considered and implemented to the maximum extent feasible for all redevelopment sites currently occupied by large structures and paved parking areas.
(5) Ponds. Retention and detention ponds shall be designed in such a way as they also act as a visual amenity that is integrated into the overall appearance and design of the site. These areas may include fountains to maintain water quality and prevent the stagnation of water.
 

(1) Parking shall be provided per Town Code requirements, including Chapter 273: Vehicles and Traffic, Article III: Parking, Standing and Stopping, and § 295-44: Off-street parking, except as otherwise set forth herein. Any conflicts between parking requirements outside of this article and those parking requirements a part of this article shall be resolved in favor of those requirements in this article for mixed uses.
(2) Land banking of future parking areas is allowed and encouraged, provided that a showing is made that full parking is not required at the time of development and areas set aside for future use remain as open space with permeable surface conditions until such parking need arises.
(3) As part of its site plan application, the applicant may request reductions to minimum parking requirements or alternative methods for meeting the amount of required parking, but must make an objective showing based upon a parking study that lesser parking fully satisfies parking needs. Available parking strategies include, but are not limited to, the following:

(a) Shared on-site parking.

[1] Noncompeting component uses. In mixed-use developments, applicants may propose a reduction in parking requirements based on an analysis of peak demands for noncompeting uses. Parking may be reduced if the applicant can demonstrate that the peak demands for two or more uses do not overlap.
[2] Competing component uses. In mixed-use developments, applicants may propose for approval a reduction in parking requirements where peak demands do overlap. Parking requirements may be reduced if the applicant can demonstrate a reason that less parking is required even though peak demands for two or more uses do overlap.

(b) Off-site parking. Separate from, or in conjunction with shared on-site parking provisions, an applicant may use off-site parking to satisfy their parking requirements in accordance with the following:

[1] Off-site parking shall be within 500 feet of the property for which it is being requested.
[2] Off-site parking spaces provided by a separate property owner or on a separate property shall require a legally binding agreement that will be presented to the Town as a condition of the site plan approval.

(c) Parking for multiple dwellings. In regard to parking for a mixed use including multiple dwellings, the applicant shall provide information showing adequate pedestrian and transit access and estimated use of the same, including any additional private shuttle bus or private transit service provided on site, to support a showing that lesser parking is required.
 

D. Mixed-use building design. Architectural drawings and/or visual renderings shall be provided to show compliance with the below requirements:

(1) Where existing buildings and structures of historic architectural value are to remain in use, the architectural integrity of these buildings and structures and the features that contribute to their importance shall not be adversely altered through inappropriate use or placement of signage, building materials, windows and doors, or other architectural features.
(2) All mixed-use buildings shall have their principal front facade and main entryway facing a primary public street.
(3) Long featureless or blank walls adjacent to public streets, alleys or open spaces that exceed 50 feet in length shall not be permitted. Where windows are not possible or appropriate to the intended use, vertical articulation in the form of projecting or recessed facade surfaces, or other architectural details, shall be used to break up blank walls.
(4) New commercial retail buildings shall have features along the front facade at intervals sufficient to provide a sense of visual continuity to pedestrians along public sidewalks through use of awnings, canopies, marquees, arcades, colonnades or similar elements.
(5) Residential uses in multi-use buildings shall be restricted to the upper second and third (or higher) floors. This restriction may be waived in certain instances, for example, in live-work buildings where residential uses may be located on the first floor if a separate entranceway to the dwelling is provided.
(6) Building entrances shall include separate doorways to individual shops, businesses, residences and storefronts.
(7) All commercial floor space on the ground floor shall have a minimum floor-to-ceiling (as measured from the floor to the bottom of the structural elements of the ceiling) height of no less than 11 feet to accommodate retail uses and displays and provide flexibility of vertical space for future uses.

Application procedures.

A. Pre-application meeting. To facilitate review of a proposed mixed-use project and requirements for a special use permit at the pre-application stage, applicants must attend a pre-application meeting to assess feasibility. They shall submit the information below and are encouraged to use readily available GIS information or other mapping resources, such as USGS quadrangles and aerial photography where available. Information need not be developed at this preliminary stage by a qualified design professional. At a minimum, an applicant shall submit the following:

(1) Site context map. This map shall illustrate the parcel in connection to its surrounding neighborhood and adjacent properties. Based upon existing data sources and field inspections, the map or accompanying drawings and photos shall show various kinds of major natural resources or developed features that cross parcel lines or that are located on adjoining lands.
(2) Existing conditions/site analysis map. Based upon existing data sources and field inspections, this map shall locate and describe noteworthy site conditions, including existing buildings, roadways, utilities, parking areas, and cultural and natural features, such as historic sites, streams or wooded areas.
(3) Any maps, plans, narratives, etc., detailing the mixed-use proposal.
 

(1) Where the area proposed for the mixed use comprises more than one site or otherwise has multiple owners, the application shall be authorized by all owners.
(2) Applicants for a special use permit within a mixed-use overlay district shall provide, at a minimum, the information below:

(a) A completed special permit application form.
(b) A letter of intent, describing the proposal, including describing how it meets the intent and purpose of this article and how it satisfies the special permit factors.
(c) An existing conditions plan, including:

[1] The name and address of the owner or owners of record, the applicant, and the design engineer, landscape architect and/or land surveyor that prepared the plan;
[2] The names, approximate location, and widths of adjacent streets;
[3] The underlying zoning district(s) and applicable mixed-use overlay;
[4] Existing topography at two-foot contour intervals;
[5] All on-site local, state, and federal regulatory resource boundaries and buffer zones, clearly identified, including all mapped wetland locations, if available;
[6] The location and results of any test pit investigations for soil profiles, percolation rates, and determination of seasonal high groundwater levels;
[7] A description of any environmental site assessment activities that have taken place on known contaminated sites and a summary of those activities and findings;
[8] Identification of buildings and structures to be restored, rehabilitated, or constructed;
[9] Identification of buildings and structures to be removed.

(d) Concept plan:

[1] A site plan application, including a draft/preliminary site plan detailing parking, proposed setbacks, and any of the below which may be detailed in map format. The preliminary site plan is subject to review, refinement and modifications by the Planning Board. However, should the proposed mixed use and/or final approved site plan materially conflict with the concept plan and/or preliminary site plan submitted with the special use permit application, the applicant shall be required to amend or reapply for a special use permit for the mixed use;
[2] Detailing the proposed uses, including the density per acre, scale or intensity of the proposed uses;
[3] Detailing the component uses, component use categories, percentages of the same, etc.;
[4] Detailing plans for civic space;
[5] Proposed internal and external traffic and circulation patterns for both vehicles and pedestrians, including sidewalks;
[6] Proposed parking, including provisions for shared parking between uses, if applicable;
[7] Proposed setbacks;
[8] Proposed location and, where applicable, sizing of utilities, including water supply, sewer, electrical and communications service, stormwater management (including green infrastructure), and solid waste containment and disposal;
[9] Proposed landscaping, exterior lighting and signage features;
[10] Detailing any requests for proposed waivers, adjustments or variances;
[11] Architectural elevations for proposed new buildings and structures; and
[12] Unless the transportation agency with jurisdiction determines otherwise, a traffic analysis showing the impact of the proposed development on the surrounding area shall be provided where more than 15,000 square feet of new development or redevelopment is proposed. The traffic analysis shall include existing and expected volumes at phased and full build-out, the expected directional distribution of vehicles to and from the site, and existing and expected levels of service at all affected intersections located within approximately 1/2 mile of the development site or as directed by the transportation agency;
[13] Where subdivision is proposed, a subdivision map and application.

(e) A completed consultant fee reimbursement form.
(f) A completed SEQR EAF Part 1 form.
(g) The applicant shall relay in narrative form consistencies or inconsistency issues with the Town of Henrietta Comprehensive Plan, the Agricultural Development and Farmland Protection Plan, and the Active Transportation Plan.
(h) The required submittals set forth herein shall be in addition to any other requirements of Town Code.

See Article IXA: Mixed-Use Overlay Districts for complete information. 
See also Forms, Permits and Applications.