CORRECTIONS: The board approved the moratorium on Nov. 9 and the state does not need to approve the zoning changes.
A potential 96-unit apartment complex in the Town of Pembroke raised issues that perhaps the town should address in its zoning code, according to Supervisor Thomas Schneider.
Schneider is suggesting a six-month moratorium on approvals for new proposed apartment complexes while the town forms a committee to study apartment zoning and propose new regulations that would eventually need state approval.
The Town Board discussed a possible moratorium at its Nov. 9 meeting, and will vote on it at a future meeting.
"The town felt it was necessary to pump the brakes a bit before new projects are proposed," Schneider said. "(We need) to bring the zoning law into line with our new normal here in Pembroke. The current zoning on multi-family projects has been relatively unchanged for 35 years. The town still supports development, but we do need to update the zoning law to make our expectations more transparent for developers and to give our Planning Board more tools to use in the planning stages of these projects."
Issues to address may include school bus traffic serving an apartment complex, green space requirements, the number of units per acre that should be allowed, and perhaps guidelines on design and materials. There may be other issues to raise, he said.
Schneider also told the board that given the possibility that any new complexes will receive tax abatement incentives from the Genesee County Economic Development Center, the town should consider imposing a community benefit fee.
Scheider said New York State allows for towns to implement zoning agreements with developers. His first idea is to require apartment developers to contribute funds for improvements to Pembroke Town Park.
The need for an update came to light, according to Schnieder, as the town worked through the approval process for Countryside Apartments.
Developer Mike Schmidt of Alden is planning to build four buildings over four phases at 8900 Alleghany Road. Each phase consists of a building with eight one-bedroom and 16 two-bedroom units, totaling 96 market-rate units, with 168 parking spaces along with garages.
Schmidt is planning on investing $15 million in the project.
GCEDC has approved financial assistance for the project, including an estimated $ 739,200 sales tax exemption, an estimated $ 2,020,688 property tax abatement, and an estimated $ 130,000 mortgage tax exemption.
The project has received all of the necessary approvals from the town for Schmidt to begin building.
With the expected job growth coming from two major development projects in WNY STAMP, a new distribution facility opening by the Thruway, as well as a new travel center, the demand for housing in Pembroke is on the rise and Schneider said he believes the town needs to prepare for it.
In a previous interview, Schnieder said he recognizes the need for more housing, including apartments, in Pembroke.
"My personal feeling on the whole thing is, as a former school board member, there are people who want to be in our district," Schneider said. "Our district does need kids in the district to help it survive."
While Schmidt was going through the approval process, and promising market-rate housing, some residents expressed concern that he would pull a bait-and-switch, the seeming fate of Ellicott Station in Batavia. Schmidt promised there would be no HUD-assisted units in his complex, the conversation suggested some residents oppose low-income and very low-income housing in Pembroke.
Schneider said on Thursday that even if the town wanted to try and block rent-subsidized apartments, it doesn't have the authority to do so.
"I don’t believe we legally could or should limit HUD-backed or (NYS Homes and Community Renewal)-backed projects, but under home rule, we do have a say in which zoning districts large-scale multi-family projects are allowed," Schnieder said.
Asked what he would say to residents who oppose such developments, Schneider said, "There’s a place and a need for all types of housing options in a community."
Asked about whether apartments are limited to certain parts of the town, or should be, Schneider said:
"Under the current zoning law, multi-family housing projects are allowed in nearly every zoning district. From the developer's perspective, it is cost-prohibitive to install a septic/sewage treatment system for large-scale housing projects. I believe the town will look to limit these multiple-building projects to areas covered by town sewer, (such as) portions of Route 5 and Route 77 and our interchange, commercial and limited commercial districts."
Once the Town Board approves a moratorium, the board will form a committee. The exact composition of the committee has yet to be determined. It could comprise two board members, two planning board members, and perhaps a couple of town residents.
The committee would then propose zoning changes to the Planning Board and the Town Board. The County Planning Department and Planning Board would also review the proposed changes. Once adopted, the State Legislature would need to approve the changes.
Previously:
- Town planners give go ahead to travel center and apartments proposed for Pembroke
- Shadow of Ellicott Station throws shade on apartment plan for Pembroke, developer promises no low-income housing'
- Developer explains why he's seeking GCEDC assistance on 96-unit apartment complex in Pembroke
- Pembroke supervisor sees the need for 96-unit apartment complex, but zoning code should be reviewed
