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HomeMy WebLinkAbout20210472 Final Draft of the Unified Development Ordinance (UDO) Public Comment (3) 68 West Avenue, P.O. Box 4400 Saratoga Springs, New York 12866 S TEWS Phone (518) 587-0080 www.saratogalaw.com ATTORNEYS T LAW June 1, 2021 Via Email Mark Torpey, Chairman Saratoga Springs Planning Board Saratoga Springs City Hall 474 Broadway Saratoga Springs,New York 12866 Re: Advisory Opinion to City Council—UDO Draft of April 2021 Dear Chairman Torpey: I am writing to you in my capacity as counsel to the Saratoga County Chamber of Commerce for the purpose of expressing the Chamber's views on the UDO's treatment of South Broadway. The Chamber has had a keen interest in the development of this "gateway to the City" stemming from the Chamber's advocacy prior to the adoption of the Comprehensive Plan six years ago. The City Council has requested an advisory opinion from the Planning Board pursuant to Zoning Code Section 10.1.5.1 which provides that the scope of the Planning Board review shall include but not be limited to (i)whether the proposed revision is consistent with the Comprehensive Plan; and (ii) whether the proposed revision is not contrary to the general purposes and intent of this Chapter. In the overall, the Chamber commends the City's consultant—Camiros, Ltd. —on the development of a use schedule for South Broadway that will allow for reasonable, carefully considered development along this corridor. For the parcels from Crescent Avenue to the State Park(northern South Broadway, "NSB") the updated use schedule is longoverdue. The new Y, p schedule will replace the OMBD-1 and OMBD-2, zoning districts established decades ago and which have inhibited, rather than encouraged development for these parcels. For the lands starting from the Pet Lodge south(southern South Broadway, "SSB"), we also believe the use schedule will encourage development and re-development of these lands taking into account the importance of this southern gateway. On the other hand, Camiros has V:1MAIN FILES\Salomone,Steven\CorrespondencelSent\Torpay,Mark Chairman ltr 06.01.21.docm Page 2 of 6 June 1, 2021 recommended a depth of 250'for the lands on both sides of South Broadway in this area. In our view, this development restriction will continue to discourage the low to moderate intensity uses with aesthetically pleasing buildings contemplated by the Comprehensive Plan (at page 60). Development History of South Broadway As recited in our letter to the Design Review Commission of May 24, 2021, development along South Broadway over the last 50 years has been sporadic. To the best of my recollection, the only properties developed during this time period in the SSB have been the Best Western Hotels and the Pet Lodge, a project that was recently reviewed by the Planning Board. The Pet Lodge is the northerly-most property in the Tourist Related Business District("TRBD"), a zoning designation with a depth of 250'. As I understand it, the Pet Lodge required (i) a variance from the Zoning Board of Appeals, (ii)Architectural Approval from the DRC, as well as (iii) a special use permit and site plan approval from this Board. The absence of any further development or redevelopment in the SSB appears unrelated to the use schedule of the TRBD. Indeed, there is significant overlap in the commercial uses between the TRBD and the new zone proposed by Camiros for both the NSB and SSB. That new zone is to be known as the Gateway Rural Commercial District ("GC-R") and, like the TRBD, it permits a broad spectrum of commercial uses including restaurants, banks, hotels, motels, offices, private/social clubs, drive-through facilities as well as residential uses including residential care facilities. Since these permitted uses have not spurred development or redevelopment in the last 50 years,there is no reason to believe that a modest expansion of the commercial and residential uses in the GC-R will produce a different result.2 To achieve the objectives of the Comprehensive Plan's Specialty Mixed Use—Gateway designation(page 60) the City needs to remove from the UDO the arbitrary 250'zoning limit in the SSB that in the 1960s and 1970s tended to induce property owners to construct modest, single-story structures with a linear appearance along South Broadway. The 250'zoning limit continues to be insufficient to accommodate new structures of a size and scale befitting of the main entrance to the City. When accounting for setbacks, parking and landscaping appropriate for South Broadway, the buildable area is just too small for such development. The remedy for this is simply to return the zoning district lines to the lot lines, a methodology that is used uniformly throughout the City. 1 I believe the Best Western Hotel was constructed in the early 1980s. 2 Pending before the Planning Board is the"Just Cats"project which is in the midst of the land use approval process. V:\MAIN FILES\Salomone,Steven\Correspondence\Sent\Torpey,Mark Chairman Itr 06.01.21.docm Page 3 of 6 June 1, 2021 The proposed 250' depth of the GC-R is also at odds with the goals established by Camiros in each of the three drafts presented to the City Council. Among those goals was to "integrate land use +urban design, objective standards." Our current Zoning Ordinance uses objective standards uniformly applied throughout the City by drawing zoning district lines along lot lines with only sporadic exceptions. Put another way,the accepted rule of zoning in our City is that zoning district lines should not bisect parcels,rather they should follow lot lines. Landowners should not be burdened with trying to comply with zoning regulations in two different zoning districts on a single parcel. Camiros generally adhered to this objective standard throughout the City--zoning district lines follow lot lines—but inexplicably deviated from that standard in the SSB (see attached— 1). Perhaps the most compelling reason to recommend to the City Council that they reject the 250' limit is that Camiros has yet to offer to the City any rationale for this disparate treatment when there is no similar recommendation by Camiros elsewhere in the City. Indeed, the overwhelming majority of lots in the City (more than 99%) are in a single zone. To deny South Broadway property owners the full benefit of the GC-R for their entire parcels is simply unfair and contrary to the objective standards used throughout the City. Interestingly enough, in Camiros's September 2020 draft submitted to the City, it did adjust the GC-R zoning district lines to correspond with lot lines for the southerly-most lands on the east side of South Broadway in the SSB. For these parcels, Camiros was following the generally accepted standard used throughout the City. Inexplicably,this Camiros recommendation was abandoned in the final draft. I would also urge the Planning Board to obtain an explanation from Camiros as to why the parcels in the NSB (parcels in the same proposed zoning district—GC-R—as the parcels in the SSB)were zoned in a manner where the zoning district lines follow the lot lines in all cases. There is nothing to distinguish between the NSB and the SSB as they will be in one zoning district separated only by a small tract of land belonging to New York State Parks. The "Greenbelt"Argument Urged by Sustainable Saratoga is Unavailing By letter to the Planning Board of May 19, 2021, our colleagues at Sustainable Saratoga make reference to the "Country Overlay Area" and the City's "Greenbelt" referenced in the Comprehensive Plan to argue that"a number of uses proposed in the Commercial Gateway Rural ("CG-R") District(the Greenbelt) are not consistent with the Comprehensive Plan." In support V:IMAIN FIL.ESISalornone,Steven\CorrespondencelSent\Torpey,Mark Chairman Itr 06.01.21.docin Page 4 of 6 June 1, 2021 of this argument Sustainable Saratoga notes the following: • "The Commercial Gateway-Rural zoning district is all within the Comprehensive Plan's designated `Country Overlay Area,'" (Sustainable letter, page 4). This statement is factually inaccurate. The lands north of the Homewood Suites depicted on the Country Overlay Area Map are not located within the Country Overlay Area. • "The Country Overlay Area is defined on page 61 of the Comprehensive Plan as the City's `Greenbelt,"' (Sustainable letter,page 4). The quote on page 61 of the Comprehensive Plan reads that"[t]he Country Overlay Area depicts a desired `greenbelt' around the urban core..." (emphasis added). • "The Commercial Gateway-Rural zoning district is all within the Comprehensive Plan's designated `Country Overlay Area'. The Country Overlay Area is defined on page 61 of the Comprehensive Plan as the City's `Greenbelt'. It is also the `country'part of the 'City in the Country'. These areas are described and mapped in the 2015 Comprehensive Plan. This Country Overlay area is required to have a rural (not urban) character," (Sustainable letter,page 7). Contrary to Sustainable's assertion, the Comprehensive Plan does not impose a requirement that the lands within the Country Overlay Area"have a rural (not urban) character." The language from page 61 of the Comprehensive Plan(see attached—2) reads as follows: "[t]he map of the Country Overlay Area illustrates the open spaces that remain and that are important to be considered in the preservation of city character. The Country Overlay map does not put any restrictions or additional requirements in place, but serves an illustrative purpose only," (emphasis added). Further, the Comprehensive Plan reiterates this non-mandatory position at the bottom of page 61 (see attached - 2) by indicating "[t]he intent of this section is not to prohibit or permit any land use activity but instead is to reaffirm that open space values be taken into consideration in development proposals within the Country Overlay Area or in adopting any zoning amendments for areas included in the Country Overlay Area." • "The CG-R district is in the Greenbelt where only low-intensity uses are permitted," (Sustainable letter,page 5). As set forth in the previous paragraph, the Country Overlay Area (also referred to in the Comprehensive Plan as "a desired greenbelt") does not impose "any restrictions or additional requirements" nor does it"prohibit or permit any land use activity." On this point, the language of the Comprehensive Plan is clear and V:IMAIN FILES\Salomone,Steven\CorrespondencelSent\Torpey,Mark Chairman ltr 06.01.21.dorm Page 5 of 6 June 1, 2021 there can be no debate on the question of whether the Country Overlay Area imposes mandates, restrictions, requirements, or prohibitions. It does not. As to the GC-R Proposed Uses Sustainable objects to 39 of the 66 uses proposed in the GC-R noting that most of the 39 uses are "institutional and commercial uses that do not reflect the low or moderate intensity uses allowed by the Comprehensive Plan," (Sustainable letter, page 5). Sustainable correctly points to that portion of the Comprehensive Plan which describe the "Specialty Mixed Use—Park (SP)" and"Specialty Mixed Use--Gateway (SG)" for descriptions of the uses contemplated in those areas. Those designations are as follows: • The Specialty Mixed Use - Park designation allows for a mix of commercial and residential uses that are complementary to the Downtown Core and Complementary Core and that do not negatively impact the rural character of the area adjacent to the Saratoga Spa State Park—a National Historic Landmark. Future growth in this area should be designed and sited as a campus-like setting to create a distinctive gateway that complements the beauty of the adjacent Spa State Park. Bicycle and pedestrian connections to the Park and adjacent uses should be provided. This designation may lend itself to support research and development, creative economy workplaces, "green and clean"technology businesses, and other low to moderate intensity uses that do not negatively impact this critical gateway to the City. • The Specialty Mixed Use - Gateway designation allows for a variety of low to moderate intensity uses that focus on maintaining a distinctive entrance to the City. The goal for the commercial gateways is not to foster more intense or dense land use development, but rather to improve the physical appearance and attractiveness of the commercial uses. These uses are primarily commercial in nature and are complementary to the Downtown Core and Complementary Core. This designation is characterized largely by automobile access yet with aesthetically pleasing buildings and landscaping along the street with parking in the rear. As noted above, Sustainable incorrectly asserts that all of the parcels within the Specialty Mixed Use—Park land use designation are also in the Country Overlay Area. A cursory review of the Country Overlay Map indicates this assertion is false. Sustainable's objection to the 39 commercial and residential uses proposed for the GC-R V:1MAIN FILES1Salomone,Steven\CorrespondencelSenATorpey,Mark Chairman Itr 06.01.21.docm Page 6 of 6 June 1,2421 is both misplaced and wholly unsupported by any facts asserted in its correspondence. Rather, Sustainable appears to conclude that"a variety of low to moderate intensity uses that focus on maintaining a distinct entrance to the City" is language that somehow precludes commercial and residential uses along this corridor." However, the Specialty Mixed Use —Park designation specifically contemplates "a mix of commercial and residential uses that are complementary to the to the Downtown Core and Complementary Core and that do not negatively impact the rural character of the area adjacent to the Saratoga Spa State Park—a National Historic Landmark." The language in the Park designation continues "[tjhis designation may lend itself to support research and development, creative economy workplaces, `green and clean'technology businesses, and other low to moderate intensity uses that do not negatively impact this critical gateway to the City," (emphasis added—Comprehensive Plan,page 59-60). In summary, the City Council's adoption of the Comprehensive Plan on June 16, 2015 specifically contemplated adoption of a zoning ordinance that would revitalize South Broadway from a 1960's era land use approach to an expanded schedule of uses of low to moderate intensity bringing new energy and aesthetics to the main entrance to the City. The Council did so with definitions in the Comprehensive Plan for the Specialty Mixed Use —Park(SP) and Specialty Mixed Use—Gateway (SG) land use designations. With the exception of the faulty 250' depth zoning lines in the southerly South Broadway area, we believe Camiros has generally achieved the objectives of the Comprehensive Plan for this area. The Chamber urges the Planning Board to amend the 250'depth rule so as to follow lot lines and, with that amendment, to adopt a favorable advisory opinion to the City Council. Sincer-ly, t � I atthe J. Jo es MJJ/knc V:1MAIN FILES\Salomon,Sleven\Correspondence\Sent\Torpey,Mark Chairman lir OG.O1.21.dour' Proposed Zoning ` Map - Camiros r -�-�1 1 11 ra All GC-R �►� o + HiiiiiiiiiiiiiiiiNsu ,1a® s All GC-R 0.00 i0,1141a, The map of the Country Overlay Area illustrates the open spaces that remain and that are important to be considered in the preservation of city character. The Country Overlay map does not put any restrictions or additional requirements in place, but serves an illustrative purpose only. The Country Overlay Map is also intended to provide support for existing overlay design requirements such as the City's Gateway Overlay districts, which protect the character of the City's important gateways. The Country Overlay Area depicts a desired "greenbelt" around the urban core which defines and shapes the "Country" in the "City in the Country" vision of this comprehensive plan. The map illustrates the diverse public and privately- owned open space resources that collectively convey a sense of the traditional settlement pattern — a dense urban core with a well defined edge surrounded by open lands — that characterizes the historic settlement pattern of Saratoga Springs. The Country Overlay Area includes: • Private recreational lands and institutional open space resources such as the Saratoga National Golf Course,Yaddo, and the racetracks • Public recreational lands including the Saratoga Spa State Park • Wetlands and stream corridors • Rural and scenic viewsheds • Linkages to provide natural corridors for wildlife, to accommodate the City's growing trail and recreational system, and to promote greater accessibility to existing areas • Farmland, including lower West Avenue, outer Lake Avenue, and the northwest agricultural area of the City. Within the Country Overlay Area,the enhancement of natural resources and the open space values present on a site, along with development tools to effect this enhancement, should be added as items to be considered by the Boards when evaluating development proposals. This evaluation will consider the balance between an activity's positive contributions to the City and the potential negative effects on natural resources and open space character. The intent of this section is not to prohibit or permit any land use activity but instead is to reaffirm that open space values be taken into consideration in development proposals within the Country Overlay Area or in adopting any zoning amendments for areas included in the Country Overlay Area. 61 City of Saratoga Springs 12015 Comprehensive Plan