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RESOLUTION OF SPECIAL USE PERMIT
IN THE MATTER OF THE APPLICATION OF
NAME: J.W.PFEIL &COMPANY&WITT CONSTRUCTION
ADDRESS: 340 Broadway
Saratoga Springs, New York 12866
Involving the premises, No. 264 Excelsior Avenue, in the City of Saratoga Springs, being
section 166, block 1, lots 5, 8.2 and 17 on the assessment map in the said City, outside
district.
WHEREAS, the applicant having applied for a special use permit to allow a mixed-use
development under the Zoning Ordinance of said City as amended, and due public
hearing notice having been duly given of a hearing on said application held on the 2nd and
16th day of October 2002; and
WHEREAS, the Board has reviewed the proposed Special Use Permit to ensure
compatibility with the surrounding neighborhood and to ensure the long-term benefit of
the use to the City; and
WHEREAS, the Board has considered the extent to which the uses are in harmony with
and promotes the general purpose and intent of the Comprehensive Plan and the Zoning
Ordinance and its effect on the health, welfare and safety of the City and its residents;
and
WHEREAS, the Board has considered the overall compatibility of the uses with the
neighborhood and the positive and negative impacts on community character, including
the character of adjoining properties, districts and uses, and positive and negative impacts
on density, including the density of adjoining properties, districts and uses; and
WHEREAS, the Board has considered the positive and negative impacts of the uses on
vehicular congestion and parking, including the provision of adequate parking and the
absence of hazardous parking or traffic conditions; and
WHEREAS, the Board has considered the positive and negative impacts on
infrastructure and services, including utilities, public facilities and services, including the
extent to which the project extends or provides infrastructure and services to areas in
need of such infrastructure and services; and
WHEREAS, the Board has considered the positive and negative impacts on
environmental and natural resources, including the environmental and physical suitability
of the site for development, the risk of fire, flood or erosion and impacts such as
emissions of electrical charges, dust, light, vibration or noise detrimental to the public
health, safety and welfare; and
WHEREAS, the Board has considered the extent to which the use provides positive or
negative effects on the long-term economic stability and community character of the City
and surrounding properties, districts and uses; and
Excelsior Park Special Use Permit 1
WHEREAS, the Board has considered restrictions and conditions which ensure that the
proposal will satisfy the forgoing criteria; and
WHEREAS, the Board desires to provide the community with a mix-use development
that provides creative solutions to obtain the positive results of enhanced in-fill
construction, efficient infrastructure, better services, better design and improved tax base
while mitigating and adverse effects of noise, traffic, etc., and desires to have
development that will enhance economic opportunity and community well being while
protecting the amenities upon which the City's economy and community depend; and
WHEREAS, the Board intends, consistent with the Comprehensive Plan Vision, to allow
flexibility in development options within the Excelsior Park Project(hereafter referred to
as the "project") which protecting and enhancing the City's entranceway along NYS
Route 50 and the surrounding neighborhoods. Additionally, it is the intention of the
Planning Board to conduct a phased site plan review process that encourages the
development of project in harmony with accepted community standards, with a respect
for the site's natural and made features, with a sensitivity to the health and safety of
current and future residents and in a manner designed to limit impacts on City services
and infrastructure;
NOW THEREFORE, the Planning Board grants a following resolution:
The Planning Board grants a permanent Special Use Permit for the Excelsior Park
development, a mixed-use project, subject to the following terms and conditions:
1. PERMITTED USES: The following specific uses presented by land use category
will be permitted within the project subject to Site Plan review and approval:
A. Permitted Uses:
(1) Office Uses:
a. Business Office
b. ProfessionalOffice
(2) Manufacturing Uses:
a. Light Manufacturing
b. Research and Development
c. Laboratory
d. Printing, Publishing or Engraving
(3) Institutional Uses
a. Educational facilities
(4) Service Uses:
a Hotel (including meeting rooms, restaurant, new shop, health club)
b. Health and. Beauty Spa
c. Training and Educational Services
d. Day Care Facility
Excelsior Park Special Use Permit 2
(5) Residential Uses:
a. Multi-Family Residences (Apartments and Condominiums)
b. Single Family Residences (Attached and Detached)
c. Two Family Residences (Duplexes)
d. Artist Studios
Accessory Uses:
(1) General retail uses but only if accessory to a permitted principal uses and
with no one establishment exceeding 3,000 gross square feet in size:
a) Cafe
b) Bakery
c) Deli-Sandwich Shop
d) Barber/Beauty Shop
e) Neighborhood Convenience Store
f� Art Gallery
g) Eating and Drinking Establishment
(2) Facilities for residents and employees:
a) Residential Recreational Facility
b) Storage Facilities
c) Indoor Swimming Pool
d) Indoor Racquet Courts
e) Greenhouses (non-commercial)
f� Family and Group Family Day Care
g) Solar/Heating/Ventilation Equipment
h) Antennas and Satellite Dishes
i) Home Occupation
j) Temporary Accessory Dwelling
2. SIZE LIMITATIONS: In order to ensure a mix of land uses in the project and
diversity and integration of uses in the neighborhood, the following
requirements are set forth with regard to the maximum square footage that
will be dedicated to the types of nonresidential uses approved for the
development:
A. The total amount of square footage of nonresidential land uses in the
project shall not exceed 110,000 square feet in the aggregate. However, if
the total number shall be increased to 130,000 square feet if, and only if,
the additional 20,000 square feet is a preferred use (any office or
manufacturing use).
B. The total square footage of specific permitted land uses in the land use
categories identified above shall not exceed the limits in the following
table:
Excelsior Park Special Use Permit 3
Land Use Maximum Square Footage
Office 100,000 sq. ft.
Manufacturing 100,000 sq. ft.
Institutional 50,000 sq. ft.
Service:
Hotel 55,000 sq. ft.
Health and Beauty Spa 20,000 sq. ft.
Accessory Uses:
Retail 10,000 sq. ft.
The number of single family detached homes shall not exceed three.
C. The maximum number of dwelling units in Excelsior Park if no affordable
housing component is included will be 200 dwelling units.
If the owner/developer agrees to reserve at least 15% of the dwelling units
in Excelsior Park for occupancy at a level affordable to moderate income
households utilizing no more than 30% of their income for housing, the
maximum number of total units permitted in Excelsior Park shall be 230
dwelling units. The dwelling units reserved for moderate-income
households shall be intermingled throughout the development, rather than
separated into one or several buildings in the development. The total
number of dwelling units that will be constructed in Excelsior Park if the
owner/developer exercises this option will be 230 units
The location, type and tenure of the reserved units shall be detailed during
the site plan review process. The reserved units will be subject to rent
and/or sales price and income restrictions at initial occupancy and at re-
rental or resale.
Provision of moderate income housing units in the development may be
staged. A minimum of ten (10) units shall be reserved for moderate-
income households in the first 100 dwelling units of the proj ect.
Moderate-income households shall be defined as households with an
income of less than 80% of the median household income for the
Albany/Schenectady/Troy Metropolitan Statistical Area. This provision
for moderate-income housing shall be monitored by the City's Office of
Community Development.
3. DEVELOPMENT PLAN: The site shall be developed in general conformance
with the attached sketch plan (Excelsior Park Sketch Plan). However,
buildings "A", "K" and "N" shown on said sketch plan shall be deleted and
the residential and non-residential spaces in said buildings shall not be
Excelsior Park Special Use Permit 4
transferred. Buildings "O", "P", "R" and "CR" shall be reconfigured to reduce
potential impacts on proj ect site wetlands.
4. DESIGN STANDARDS: The project shall be developed in general
conformance with the attached Design Standards for Excelsior Park.
5. PHASING: Development on this site shall be developed in phases. All
construction within each phase, including on and off-site public
improvements, will be subj ect to site plans approval by the Planning Board.
It is anticipated that full buildout of the project will occur within
approximately 10 years. The phases of the project will correspond with
actual demand.
The project shall be constructed with the following four phases outlined
below. Each phase shall require site plan review and approval. Site plan
approval of phases 2, 3 and 4 shall, in part, be predicated on a determination
by the Planning Board that all traffic and non-traffic mitigation measures
described in Section 6 of this resolution have been installed or programmed to
the Board's satisfaction. The Planning Board shall also determine that traffic
generated by any phase of the project is being adequately absorbed prior to
site plan approval of any subsequent project phase. Such determination may.
In part, be made after the required follow up traffic analysis detailed in
Section 6.
Phase 1
o Residential construction of up to 100 units:
■ Including three single family detached homes at Eureka Avenue
o Non-residential construction of up to 70,000 square feet
o Public street or access improvements:
■ Construction of both access roads from Excelsior Avenue into the
development, and the streets forming the "loop" within the
development to connect the two access roads;
■ Improvements to the existing portion of Excelsior Avenue,
including creation of the boulevard entrance and the proposed
sidewalk from Veterans Way and into the project site along the
southern access road; and
■ Public streets interior to the project to support the new
construction.
o Spring Run Preserve: Phase I site plan review shall include a
determination of the methods and devices, which may include a
conservation easement, to secure and preserve that portion of the project
area referred to as "Spring Run Reserve". The applicant shall work in
collaboration with the Planning Board, the City Council, the Open Space
Project and the Urban Heritage Area Program to ensure the most
Excelsior Park Special Use Permit 5
appropriate development of the "Ten Springs Wood" corridor and the
Spring Run Trail.
o Site plan approval for Phase 1 shall be obtained prior to December 31,
2003 or this special use permit shall expire.
Phase 2
o Residential construction of up to 60 units and any units not constructed in
Phase l.
o Non-residential construction of up to 30,000 square feet.
o Public street or access improvements.
■ The Spring Run Preserve trail connection and required
improvements; and.
■ Public streets interior to the project to support the new
construction.
o Site plan approval for Phase 2 shall be obtained prior to December 31,
2005 or this special use permit shall expire.
Phase 3
o Residential construction of up to 50 units and any units not constructed in
Phases 1 or 2.
o The balance of authorized non-residential construction not built in Phases
1 or 2.
o Public street improvements:
■ Public streets interior to the project to support the new
construction.
o Site plan approval for Phase 3 shall be obtained prior to December 31,
2008 or this special use permit shall expire.
Phase 4
o Residential construction of up to 30 units and any units not constructed in
Phases 1, 2, or 3.
o Public street improvements:
■ Public streets interior to the project to support the new construction
o Site plan approval for Phase 4 shall be obtained prior to December 31,
2011 or this special use permit shall expire.
6. TRAFFIC AND OTHER MITIGATION IMPROVEMENTS: Traffic
improvements will be required based on vehicle trips generated by land uses
in the project. Each improvement will be implemented based on the
generation of a specific number of vehicle trips associated with the
development of the proposed project. It should be noted that the number of
trips generated for each constructed land use shall be based on the latest trip
generation rates provided by the Institute of Transportation Engineers (ITE).
To track the vehicle trips associated with each development stage, a "trip
generation" account will be established. The beginning balance in the trip
Excelsior Park Special Use Permit 6
account will be equal to the total trip generation value associated with the
approved development alternative. Trips will be removed (withdrawn) from
the trip account at values representative to each development stage. As each
stage is built, the cumulative trips generated by the development will be
measured against the total account balance. The Planning Board may require
the applicant to undertake electronic counts to verify the validity of the ITE
generation rates.
Required mitigation measures include:
• Installation of a traffic signal system at the Excelsior Avenue/East Avenue
intersection after generation of 100 vehicle trips from the project site
during either the AM or PM peak hours.
• Installation of a traffic signal system at the Excelsior Avenue/Marion
Avenue intersection after generation of 250 vehicle trips from the project
site during either the AM or PM peak hours.
• Traffic calming measures shall be installed on Excelsior Springs Avenue
after generation of 200 vehicle trips from the proj ect site during either the
AM or PM peak hours, to include the following:
-Narrow the travel lanes at the Excelsior Springs Avenue/Victoria
Lane/Audrey Lane intersection with curbing,
-Install stop signs on the Excelsior Springs Avenue intersection
approaches,
-Paint crosswalks across Excelsior Springs Avenue,
-Install a concrete pad in one of the intersection quadrants for use by
children as a bus stop.
• If the currently proposed NYSDOT improvements at the Route
50/Veterans Way/Gick Road intersection are not constructed, a
northbound right-turn lane on Veterans Way will be required after
generation of 150 vehicle trips from the proj ect site during either the AM
or PM peak hours.
• The Planning Board shall require the applicant to conduct follow up traffic
analyses after project generation of 250 total vehicle trips or at two year
intervals from the special use permit approval date, which ever comes
first. Such analyses may be required prior to any subsequent proj ect phase
site plan approval and may result, in the Planning Board's discretion, in
modification of traffic mitigation measures referenced above. If at any
time it is determined that there is a need for additional site access, the
Planning Board reserves the right to require the applicant to investigate
and/or construct, at the applicant's expense, a vehicle access point to NYS
Route 50 if permitted at the time by the Saratoga Springs Comprehensive
Plan, the Zoning Ordinance and the New York State Department of
Excelsior Park Special Use Permit 7
Transportation. Such access may also require appropriate environmental
analysis pursuant to the New York State Environmental Quality Review
Act.
Future potential access to NYS Route 50 shall be indicated on the Phase 1
site plan and shall be secured by appropriate legal instrument.
• The project sponsor shall not preclude the possibility of providing access
from the proposed Excelsior Park development to the proposed multi-use
trail along Route 50 as part of the proposed proj ect.
• Monitor the Veterans Way/Excelsior Avenue intersection to determine if
all-way stop control becomes warranted. In the interim, it is
recommended that Veterans Way be widened to provide an exclusive
southbound right-turn lane after generation of 300 vehicle trips from the
project site during either the AM or PM peak hours.
• If the currently proposed NYSDOT improvements for Route 50 at its
intersection with Gick Road and Veterans Way are not constructed, the
westbound left-turn lane on Route 50 at this intersection will be extended
by 100-feet to provide a total of 200-feet of storage. This improvement is
warranted after generation of 100 vehicle trips from the project site during
either the AM or PM peak hours.
• If any of the above traffic improvements are required by the City to be
made by any other development project in the vicinity of this site prior to
the requirement being made by the owner/developer of this project, those
improvements will not have to be made by the owner/developer of this
project. In addition, if any other development in this area is required to
make such improvements at or about the same time, the City may assign a
fair share cost to each development for such improvements.
Additionally, pedestrian, bicycle, and transit connections will be developed in
logical increments throughout development of the project to connect the site
to downtown, the neighborhood to south, the proposed NYSDOT
improvements to NY Route 50, and onsite. In Phase II of the project a paved
pedestrian/bicycle path shall be made from the main street of the project to the
Spring Run Trail, including an appropriated crossing over the Spring Run
Brook.
Construction of an access road from Eureka Avenue or any other neighboring
streets in the "Woods" neighborhood to the project site is prohibited.
The various steps of construction will be the same for each phase and will
consist of the following:
o Clearing
Excelsior Park Special Use Permit 8
o Installation of erosion control measures
o Grubbing
o Rough grading, including stormwater basins
o Building, road, and parking construction
o Installation of utility infrastructure
o Finish grading
o Landscaping and installation of lights and signage
A construction impact mitigation plan, including but not limited to noise,
lights, dust, construction traffic routes, and permitted hours and days of
construction, will be developed prior to Phase I site plan approval.
As a noise and aesthetic mitigation measure, there shall be a 200-foot special
setback requirement between any building on this site and any portion of the
tra�el lane on I-87 (Northway). Parallel to the Northway there shall be a 100-
foot vegetative buffer provided on the proj ect site.
Dated: October 16, 2002
ADOPTED by the following vote:
AYES: 5 NAYS: 2
Date: -----------------------------------------------------
Chair, Saratoga Springs Planning Board
Attachments
cc: M. Biffer, Building Inspector
DEVELOPMENT PLAN
EXCELSIOR PARK
Excelsior Park Special Use Permit 9
DESIGN STANDARDS
EXCELSIOR PARK
Nei�hborhood Context
Excelsior Park has been conceived as a new urban neighborhood with an integration and balance of uses
and features that,historically, shape daily lives in positive ways and create a vibrant and interesting
environment for people.
Because Saratoga Springs l�as such a disrincrive and defining architectural style,the project's intent sl�all be
to borrow and update existing elements,proporkions and configurations from downtown on Broadway to
create a neighborhood at the north entrance to the city that sets the appropriate tone and reinforces the
community identity.
Desi�n Principals
Overall,Excelsior Park's design shall be governed by new urban and sustainable development guidelines
that incorporate the following:
1. Closely-spaced,multi-story buildings facing tree-lined streets and sidewalks.
2. Relatively high density to miniuiize land consumption yet create a critical mass of uses and
activities.
3. Pedestrian oriented architecture and wall�ways.
4. Well-designed buildings that reflect the regional climate and that will last and be flexible.
5. Well-screened and basement parking areas.
6. Preservation of natural features.
7. Durable building materials.
8. Convenience-style retail services witl�in walking distance.
9. A variety of residential types.
10. Attractive, safe public spaces.
The above noted elements are intended to create a neighborhood and a sense of place.
Design Guidelines
The architectural vision for Excelsior Park is compatible with the Saratoga Springs Downtown Historic
District Design Guidelines prepared for the Design Review Commission in 1997.
Some of the guidelines that are particularly relevant are as follows:
1. Lines of sight down any given street having important visual elements to catch the
viewer's eye.
2. Corner buildings "wrapping: the corners with continue selected fa�ade elements
such as cornices or horizontal accent bands on all street elevations.
3. Main entrances facing the street and being easily identifiable.
4. In larger structures, the overall mass composed of smaller, human-scaled
components.
5. Parking located in back or in a central courtyard out of sight from the street.
(Excelsior Park will have on-street parking, basement level parking in well-
screened lots behind the buildings.)
Excelsior Park Special Use Permit 10
6. Service alleys incorporated into the street grid.
7. Pedestrian paths to encourage and enable public to circulate through site.
8. Fa�ade composition made of well-defined base, middle and top levels.
9. Rooflines of longer buildings broken up to attract attention to key focal points
such as entrances.
10. Size and scale of materials to complement size and scale of buildings.
1 l. No large areas of blank walls included in pedestrian areas.
12. Facades of adjacent buildings having compatible rhythms governed by clear and
simple patterns.
13. Window (fenestration) logically arranged to provide maximum fa�ade opening at
street to be pedestrian friendly, with decreasing percentage of fa�ade opening as
the eye moves up the building to reinforce the base, middle and top fa�ade levels.
14. Multi-story structures with emphasis on vertical elements.
The intent shall be to create buildings that reflect and are inspired by, but do not replicate,
existing historic structures in the downtown area.
Roof Line
Although the downtown guidelines encourage flat roofs with well-defined cornices and parapets,Excelsior
Park may use a gabled roof with suitable precautions against sliding snow and rainwater.
Building Materials
Many of the buildings within the proj ect shall be brick on all sides with a split stone base, and stone sills,
lintels and decorative details.
Site Development Standards
The proj ect shall be development in general conformance with the design standards and construction
specifications found in the City's Subdivision Re�ulations. Standard Construction Details, Site Plan Desi�n
&Construction Standards.
Excelsior Park Special Use Permit 11